C. Fencing and Screening
A six foot high fer'ce or •vall shall be constructed on all property lines that abut a residential district. All fer,ces or walls shall be solid and decorative 1n cor:1 plia11 ce with Section 4.40.080 Fences and Screening .
8. Development Standards
1. Maximum Occupancy. The 1YJax mum number of
beds or per�or,s permitted to be served nightly by the
facility shal not exceed one person per 300 square
feet of interior floor area.
2. Parking. Parking shall accommodate all staff work
ng n the emergency shelter Required parking shall
6-7
(h 1pter 6.20 Ste P1ar--. 'g D.:>vt"loornerit ard Opera:ing Standards for Certain L rnrl vse
6.20.040 Emergency Shelters
not exceed parking requirements for residential or
commercial uses ,n the zone in which the facility is
located.
3. Waiting and Intake Areas
a. Exterior wa1tIng and intake areas shall be clearly
delineated on site plans and located to minimize
impacts on adjacent properties.
b. ntenor waitirg and intake areas shall have a mini
mum SO square feet per person based on antici
pated peak occupancy.
4. On-Site Management. The facility shall provide onsite management during all hours of operation.
5. Proximity to Other Emergency Shelters. No emergency shelter shall be located witl",in 300 feet of another emergency shelter, measured from property
line to property line
6. Length of Stay. Residents may stay at the emergency
shelter for a maximum of six morths
7. Lighting. Exterior lighting shall be provided for se curity purposes. Lighting shall be stationary, directed downward, and shielded so as to prevent off site
glare.
8. Security. The facility shall provide security measures during all hours of operation. Security measures may
111clude, but are not limited to, security personnel.
cameras, or other monitoring systems.
C. Development Standards
Emergency shelters shall be permitted by right and re
viewed ministerially pursuant to Chapter 9.65 Ministerial Housing Approval .
6.20.050 Day Care (House) Facilities
A. Purpose
1 Section 6.20.020 establishes standards for City review of day care facilities, located in residences in conform ance -v1th State law Health and Safety Code Section
1596.78) including the limitations on the City's author ity to regulate tt,ese facilities.
2. These standards apply ir addition to all other appli cable prov1s100s of this Zaring Code and any require
men ts imposed by the California Department of Social
Services tl,rough ,ts facility licensing procedures.
Licersing by the Departr1ent of Social Services is
required for all family day care facilities. Evidence of the license shall be presented to the Department prior to
establishing any day care facility located in a residence.
8. Day Care (Small House)
A small house day care Is allowed in all residential zones as allowed by Health and Safety Code Sections 1597.44 et seq.
C. Day Care (Large House)
As allowed by Health and Safety Code Sections 1597.465
et seq., a large house day care shall be approved 1f 1t com plies with the following standards·
1. Fire. The facility shall comply with all applicable State b-8
and fire codes.
2. Location requirements. A separation of 300 feet shall be required from any other large family day care home.
3. Fencing. A six foot high fence or wall shall be con
structed on all property lines or around the outdoor
act1v1ty areas except in the front yard or .,,thin a
traffic safety visibility area, in compliance with Section
4.40 040 Fences and Scree11111g .
4. Noise standards. The facility shall not exceed noise limits as established by Section 4.20.050 Performance
Standards .
s. Outdoor lighting. On site exterior lighting shall be allowed for safety purposes only. shall consist of low
wattage fixtures and shall be directed downward and
shielded.
6. Parking. Parking shall be provided in compliance with Chapter 4 50 Parking Standards/.
7. Swimming pools/spas prohibited. i\lo swimming
pool spa shall be installed on the site after establish ment of the family day care center due to the high risk and human safety considerations. Any pool spa exist
a ) )
6.20.050 Day Care (House) Facilities
ing on the site prior to application for approval of a
family day care center shall be removed prior to es tab lishment of the use, unless the Director determines that adequate. secure separation exists between the pool
spa and the facilities used by the children.
D. Day care centers
The follow111g standards apply to family day care centers:
1. Fire. The facility shall comply with all applicable State and fire codes.
2, Fencing. A six foot high fence or wall shall be con
structed on all property lines or around the outdoor
activity areas except 111 the front yard or within a
traffic safety visibility area, in compliance with Section
4.40.080 Fences and Screening
6.20.060 Gas Station
Automotive repair garages and fueling gas) stations shall comply with the following
1. Except in the Special Districts ,such as SD2. l , all repair act1v1ties shall be enclosed v- th111 a building.
2. Access drives from the primary street shall be at least 100 feet from tt,e street corner and at least 25 feet from the adjacent property along side streets when an alley
is not preser,t.
3 No automotive service station structure. equipment or apparatus shall be permitted within 50 feet any T3 or T 4 zone.
4. When adiacent to a T3 or T 4 zone, each automotive
service station shall provide an eight foot high decora tive masonry wall on property lines. except In required front yards.
6.20.070 Murals and Public Art
A. Purpose and Applicability
1. Purpose. This Section establishes design and devel
opment standards for rr•urals and public art ,r,stalla
t1ons within the City These standards are 111tended to:
a. Encourage art1st1c expression that enhances the
visual character and cultural 1dent1ty of the City·
3. Noise. Noise sources shall be identified through the Use Permit approval process. The facility shall not
exceed noise limits as established by Section 4.20.050
,Performance Standards .
4. Outdoor lighting. On site exterior lighting shall be allowed for safety purposes only shall consist of low
wattage fixtures, and shall be directed downward and
shielded.
5. Parking. Parking shall be provided 111 compliance with Chapter 4.50 Parking Standards!.
5. Automotive service stations may be authorized in coI' Junction,,. 1th a perl'T'itted or cond1t1onally pern'1tted commercial or industrial use, 1f all of the following find ings can be made:
a, Traffic generation fumes, noise, light and glare, and similar effects generally associated with automotive
service station will not be detrimental to adJacent
residential areas.
b �he lar,d use is cor.0 pat1ble with tt',e 5,te size, shape design, access. on site rnculation, required parkiPg
and is res tr cted to l"T'111im1ze conflicts with public ac cess. public safety, or adJoin111g properties.
c The proposed land use site, and architecture pro
mote a design consistent w1tt, and appropriate for
the location and consistent with the intended phys1
cal environment of the zoning district.
b. Promote public art that reflects tt,e history herit
age, natural environment. and cultural d1vers1ty of
the Tehact,ap1 commu111ty·
c. Ensure that murals and public art installations vis
1ble to the public are designed constructed a Pd
maintained 111 accordance with applicable build
ing, safety al'd eng,neer1ng standards,
6-9
'-hao1-e o 20 S te Diann ng De 1eloprrent �nd QpP a� ng C, rndarcls fo Ce ta " Lard Use
6.20.070 Murals and Public Art
d. Preserve the aesthetic quality of the bu tit environ ment while facilitating artistic expres sion;
e. Establish clear ob1ective standards for the design
and maintenance of permanent artIstIc 1nstalla
tIons· and
f. Distinguish murals and public art from commer
cial signs and advertising regulated under Article
7 Signs of this Code.
2. Applicability. The standards In this Section apply to all murals and public art installations v1s1ble to the
public from public rights of way proposed for instal
lation on private property or on City owned property
w1th1n the City. \Jo person shall install. construct. or maintain any mural or public art installation without
first obtaining a Mural and Public Art Permit in ac
cordance with Chapter 9 1 10 Murals and Public Art
Permits and complying with all applicable standards
in this Section.
3. Relationship to Sign Regulations. Murals and public
art rstallations regulated under this Section are not
signs and are exempt from the provisions of Article 7
Signs). provided that such installations comply with
all requirements of this Section and do not contain
any commercial mes sage Any mural or public art in
stallation containing a commercial message shall be
deen�ed a sign ard regulated under Article 7 Signs).
4 Building and Safety Codes. All murals and public art
installations srall comply with applicable provisions
of tre Cal1forn1a Bui ding Code California Fire Code.
California Electrical Code and other adopted building
ancl safety standards. The requirements of this Sec
tion are in addition to, and do not replace or super
sede applicable building code requirer,ents.
5. Historic Preservation. Murals and public art pro
posed for installation on designated historic struc
tures or within designated historic districts shall com ply .vith applicable historic preservation stardards
and revievv procedures in add1t1on to the require
men ts of this Section.
B. General Standards Applicable to All Public Art
-he following standards apply to all murals and public art installations:
6-10
I. Content Requirements. All murals and public art
shall be non commercial in nature and shall not
contaIr any commercial message. Artwork may
acknowledge donors or sponsors through 1dentifica
tIon plaques as provided in Subsection 6.20.070.B.7
but the artwork itself shall not serve as advertising or product promotion.
2 Location and Visibility. All murals and public art
shall be located and designed to be visible and acces
s1ble to the general public from public streets. side
walks. parks. or other public spaces. Artwork shall not obstruct traffic safety sight lines or emergency access. 3 Materials and Durability. Materials used in mu
rals and public art shall be suitable for permanent
outdoor display and shall be expected to maintain
structural and aesthetic integrity with routine mainte
nance for a minimum of 10 years
4. Safety Requirements. Murals and public art shall not be materially detrimental to the health, safety and
welfare of the public or to property in the vicinity.
5 Maintenance Standards
a Maintenance Responsibility. The property owner
shall be responsible for maIrtainIng murals and
public art in good condition, free fror, deterio
ration damage graffiti or blight For donated
artwork on City property r.1aintenance responsI
bllity shall be established through agreement as
provided in Chapter 9.110 Murals and Public Art
Permits .
b Required Repairs. Dariaged. deteriorated or
vandalized artwork shall be repaired or rerioved
w1th1n 90 days of written notice from the City
except that artwork posing an 1mrrediate safety
hazard shall be secured or removed within 48
hours of written notice. Graffiti shall be removed
within three calendar days of written notice.
c. Maintenance Covenant. For all murals and pub
lie art located on private property the property
owner shall execute and record a maintenance
covenant in accordance with Chapter 9 1 10 ,'vlu
rals and 0ublic Art Permits prior to 1nstallat1on.
The covenant shall run with the land and bind all
successors in interest.
6.20.070 Murals and Public Art
d. Maintenance Escrow Account. For all murals and
public art installations. the applicant shall submit
a vntten cost estimate for ten years of antIcIpat
ed maintenance. repairs, and potential removal.
Based on this estimate, the property owner shall
establish an escrow account with the City in an
amount approved by the Planning Comm1ss1on to
cover future maintenance repairs. and potential
removal costs.
6. Utilities and Infrastructure. Murals and public art
shall not obstruct access to utility meters, service
panels. fire hydrants or other infrastructure requiring regular access. If artwork requires electrical, water or other util'ty service all connections shall be installed in accordance with applicable codes, and all costs
shall be borne by the applicant property owner.
7 Identification Plaque. All murals and public art
1nstallat1ors sha I include a permanent 1dent1ficat1on
plaque identifying the art "Ork t tie artist name(s
1nstallat1on date and donor if applicable'. Plaques
shall be durable, weather resistant and permanently
mounted in a visible location. Donor recognition
shall not dominate the plaque and no commercial
logos business names, trademarks, or branding shall
appear
C. Standards Specific to Murals
111 addition to th0 general standards in Subsection
6.20.070.B GePeral Standards Applicable to all Public
Art murals shall comply with the following:
Location and Mounting. Murals shall be pa1rted
on or affixed to exterior walls building facades,
freestanding panels, or other substantially vertical
surfaces.
2 Size and Scale. Murals shall not extend above the
roofline or parapet of the building. Murals extending
onto multiple buildings or structures require separate
permit approval for each building
D. Standards Specific to Sculptures and Three-Dimensional Public Art In add1t1on to the ger'eral standards In Subsection
6.20.070.B ,General Standards Applicable to all Publrc
Art, sculptures and three dimensional public art shall
comply with the following.
1. Installation Types. Sculptures may be freestanding,
wall mounted suspended, or affixed to pedestals or
other support �tructures.
2 Size and Scale. Sculptures shall not exceed 15 feet
In height or 100 square feet in base footprint. The
Commission may approve sculptures exceeding these
di'Tlensions 1f It finds that:
a. The inc ·eased size Is appropriate given the scale
of the site and surrounding structures· and
b. The sculpture will not create safety concerns or
adverse visual impacts on the surrounding area
3. Structural Certification. All freestanding or suspend ed sculptures shall be designed by or reviewed and
certified by a California licensed structural engineer.
Structural calculations and construction documer,ts
shall be submitted with the building permit applica
tIon.
E. Nonconforming Murals and Public Art
Existing Installations. Murals and public art installa
tIons that were la"'lfully installed prior to the effective date of this Section may continue as legal noncon
forming installations. provided they are ma1nta1ned In
accordance with Subsect'on 6.20.070.B.5.
2 Alterations and Repairs. Minor repairs and routine
maintenance that preserve the original character
ard design of ronconformirg iPstallat1ors r."ay be
performed without triggering cornpltarce with cur
rent standards. Alterations or mod1ficat ans affecting
more than 50 percent of the surface area of a I ural
or more tran 50 percent of the volurre or n'ass of a
sculpture, shall require compliance with all current
standards of this Section.
3 Removal and Replacement. fa nonconforming
mural or public art installation is removed dam
aged or destroyed such that more than 50 percent
of the original installation Is lost or abandoned any
replacemer,t 1nstallat1on shall comply with all current standards of this Section and require a new \i1ural
and Publ c Art Derr11t under Chapter 9.110 \1urals
and Public Art Permits . For purposes of thrs Sect1or,
a mura or public art 1nstallat1on shall be deemed
abaPdoned 1f tl'e property owr,er falls to cor1ply with the repair and maintenance requirements of Section
6.20.070.B.5.b for a period of 180 days following the
appl cable deadline
h-11
Chapte• , 20 Site Dl=inn ng 0PVE' OP'1lent. and Ope•at,,.,,g Sta...,da•dc; for Ce•tain .. a cJ Use
6.20.080 Home Occupation Permits
A. Intent
Home occupations, which are clearly secondary to the
principal use of a dwelling conform to City ordinances, and do not adversely affect the public safety, health and general welfare of the neighborhood shall be permitted
In addition to special conditions that may be imposed
to accomplish these objectives, home occupations shall
conform to the locational developmental, and operation
al standards of Section 6.20.020.
B. Signs
No signs are permitted in con Junction with the use, either affixed to the premises or to any vehicle parked on the premises. Easily removable magnetic signs are permit
ted so long as they are removed while parked in view of the neighborhood.
C. Employees
\lo persons are to be eriployed to do work appurtenant
to the use on the premises other than members of the
1rnmediate farily residing In the horne.
D. Vehicle Storage
n the event outside persons are employed to perform
functions of this business away from the premises. park ing or storage of employees' vehicles in the neighbor
hood Is prohibited.
E. Traffic of Goods
\lo noticeable r,overnent of products, materials, machin ery, or equ1prnent in cmd out of the premises is permitted •n con1unctIon with the use.
F. Storage
Storage of stock shall be limited to 100 cubic feet ,ap proximately the size of a typical residential bedrooli' closet .
G. Hazard or Nuisance
\lo home occupation shall create n0tse dust v1brat1on
smell smoke, glare. electrical 111terference, fire hazard or any other hazard or nuisarce to any greater or r-iore fre quent extent than that usually experier>ced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation ex
ists.
H. Vehicles
Vehicles connected vith this bus1ress are limited co one vehicle not exceeding an unladen vehicle weight of 4 500 pounds.
6-12
I. Prohibited Services
Vehicle related services such as, but not limited to, repair, cleaning, tune ups, couriers, delivery or transport of
goods or people and services requiring employees, cus
tome rs or clients to vIsIt the residence shall be prohibited J. Exempt Services
Instructional services such as tutoring or musical instruc tion, shall be exempt from home occupation require
ments with approval from the Director.
K. On-site Clients
The home occupation shall involve no on site clients
except for:
1. Home occupations in live work untts in the Transect
zones,
2. Tutoring or instruction of children by appointment; and 3 Applicants with a demonstrated mobility handicap.
L. Exterior Storage
There shall be no on site exterior storage of equipment, vehicles in excess of tre single vehicle , materials or sup plies connected with this business.
M. Equipment
Tools or equipment connected with the business shall
be operated so as to be irrpercept1ble at or beyond the property l11'1e.
N. Permit
A Home Occupation Permit sra I be obta ned ir cor,pli
a0ce with Chapter 9.40 'Horne Occupation Permits
0. Prohibited uses
The following uses shall be considered proh1b1ted·
Ch )ptey 6 2u S e Planning, Development ... nrl nperating St rnda-d� tor Ce-�a n Lane Us
6.20.080 Home Occupation Permits
#❖ii=iiH•i'h¼i1itHM=MMl·iii'iiiMHiMM•
Adult business
Animal hospitals (and related services) I Barber/beauty/nail shops 1 Dance/night clubs
Food preparation for commercial purposes
Fortune telling (psychics)
Repairs upholstery (small engine, television/radio, appliance, vehicle, upholstery) Massage (on-site)
Medical/dental offices/laboratories
1 Photography studios (not including photo processing)
Plant nursery
Retail or wholesale sales of products stored at the residence, except that mail order businesses may be allowed where there is no stock-intrade on the site Party-type sales, except when done at client's location Automotive detailing and/or painting
; Welding and machining
Other uses determined by the Director not to be incidental to or compatible with residential activities
6.20.090 Household Pets
A. Applicability
Household pets are permitted in any zone when acces
sory to a residential use subJect to the requirements 1n ths Section
B. Maximum number of cats, chickens, and dogs
A maximum of four dogs, three cats, and four chickens
"'O roosters shall be permitted.
C. Prohibited pets
Except as otherwise provided 111 Subsection E. the following are proh1b1ted:
1 Horses,
2. Cows,
3 Goats.
4 Sheep,
5. Other equine boviPe, ov1ne, or ruMinant animals.
6. Predatory or wild a1'irnals.
7 Chickens
8. Ducks.
9. Geese,
l 0. Turkeys. and
11 Other game birds and fowl that normally constitute
an agricultural use.
D. Standards for Vietnamese potbellied pigs
l Vietnamese potbellied pigs shall be permitted as
household pets p1ovided that they
a Are not over twenty inches at the shoulder
b Do not weigh n1ore thar. one hundred pounds and
c Are kept 1n an enclosed rooM, pen, or other
enclosure or
d An outside enclosure made of wood or metal fe11c1119
with at least three hundred square feet for each
Vietnamese pot bellied pig.
2. No niore than two Vietnamese pot bellied pigs shall be permitted per reside1,ce.
E. Standards in the Estate (E) zone
In the Estate E zone, livestock 1s permitted. Up to
two horses or two cows or four sheep or four goats
are perr-i1tted per acre. Pigs are not allowed, except
Vietnamese potbellied pigs as described in Subsection
D
6-13
(han�.:,r t:.. 2" Site P in.-.. '19 DevelOO(Ylent, and Operating Standard<; for Certa n Land Use
6.20.100 Live/Work
A. Purpose
This Section provides standards for the operation of new live work units located in commercial and industrial
zones and for the reuse of existing commercial and indus trial structures to accommodate live work opportunities where allowed by Article 3 Specific to Zones . A live work unit shall function predominantly as work space with inci dental residential accommodations that meet basic habit ability requirements. The standards of Section 6.30.060 do not apply to mixed use proiects. A Conditional Use Permit shall be required to construct any new live work unit or to inhabit any existing commercial or industrial building live work unit.
B. Application requirements
n add1t1on to the information and materials required for a Cond1t1onal Use Permit application by the Zoning Code. the Review Authority may require a Conditional Use
Permit application for a live/work unit to include a Phase I Environmental Assessment for the site, including an
expanded site nvest gation to determine whether lead
based paint and asbestos hazards are present in an exist 1ng structure proposed for conversion to live work. The purpose of this requirement is to assess whether there
are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase assess ment shows potential health risks, a Phase 2 Environ men tal Assessment shall be prepared and submitted to the
Department in order to determine 1f remediation may be
required.
C. Limitations on use
The nonres1dent1al COl""'ponent of a live "Ork project shall only be a use allowed within the applicable zone. A live work unit shall not be established or used in con Junction with any of the following activities:
1. Adult oriented businesses,
2. Vehicle maintenance or repair e.g., body or mechanical work, includi1�g boats and recreational vehicles vehicle detailing and painting, upholstery, etc.';
3. Storage of flammable liquids or hazardous iTlaterials beyond that normally associated with a residential use·
4. Weldi,ig, r:1achining, or any open flarre work, ard
5. Any other act1v1ty or use, as determined by the Director 6-14
to not be compatible with res1dent1al activ1t1es and or to have the possibility of affecting the health or safety of live work unit residents, because of the potential for the use to create dust, glare heat. noise, noxious gas
ses odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials processes,
products or wastes.
D. Occupancy requirement
The residential space within a live work unit shall be oc cupied by at least one individual employed in the bus1
ness conducted within the live work unit.
E. Operating Requirements
1. Sale or rental of portions of unit. No portion of a live/ ,vork unit may be separately rented or sold as a com
mercial or industrial space for any person not living in the premises or as a residential space for any person
not working in the same unit.
2. Notice to occupants. The owner or developer of any
structure containing live work units shall provide writ ten notice to all live1work occupants and users that
the surrounding area may be subject to levels of dust.
fumes noise or other effects associated '1th com mer
cial and industrial uses at higher levels than would be expected in more typical residential areas. State and
i=ederal health regulations not -v1t!-,standing noise and other standards shall be those applicable to cor.imer
cial or industrial properties 1n the applicable zone.
3. On-premises sales. On prem ses sales of goods 1s
limited to those produced w1th1n tl">e live work unit;
provided, the retail sales act1v1ty shall be Pc,del"'tal to the primary production work within the unit. These
provisions shall allow occasional open studio programs
and gallery shows.
4. Nonresident employees. Up to two persons who do
not reside in the live work unit may work 1n the unit
unless this employment is proh1b1ted or limited by thP
Cond1t1onal Use Permit. The employment of three or
more persons Nho do not reside 1n the live vork urnt
may be allowed, subject to Conditional Use Permit ap
proval. based on an additional finding that the em
ployment will not adversely affect parking and traffic
conditions 1n the immediate v1cirnty of the unit. The
employment of any persons who do not reside 1n the
6.20.100 Live/Work
live/work unit shall comply with all applicable Uniform Building Code UBC) requirements.
5. Client and customer visits. Client and customer visits to live work units are allowed subJect to any applica
ble conditions of the Cond1t1onal Use Permit to ensure
compat1bil1ty with adjacent commercial or industrial
uses, or adjacent residentially zoned areas.
F. Changes in Use
After approval a live work unit shall not be converted
to either entirely res1dent1al use or entirely business use unless authorized through Conditional Use Permit ap
proval. I\Jo live work unit shall be changed to exclusively residential use in any structure •.vhere residential use Is not allowed where two or more residential units already exist. or where the conversion would produce •11ore than two attacred residential units.
G. Required findings
,..he approval of a Cond1t1onal Use Permit for a live work unit shall require that the Review Authority first make al of the following find111gs. in addition to those findings required for Conditional Use Permit approval by Section
9.30.070 Conditions of Approval)
1. The proposed use of each live work unit Is a bona fide commercial or industrial activity consistent v1th Sec
tIon C Lim1tat1ons on use ;
2. The establishment of live work units "ill not conflict with nor inhibit commercial or industrial uses in the
area where the proiect Is propos, ·d·
3. The structure containing live work units and each live work unit within the structure has been designed to
ensure that they will function predominantly as work
spaces with incidental res1dent1al accommodations
rreetIng basic habitability requirernents in compliance with applicable regulations, and
4 Any changes proposed to the exterior appearance of
the structure will be compatible 1.v1th adjacent commer c1al or ndustnal uses where all ad1acent land is zoned
for commercial or industrial uses.
H. Additional Standards Applicable to Non-Transect
Zones
1. Floor area requirements. The floor area of the work
space shall be at least 30 percent of the total floor area.
All floor area other than that reserved for living space shall be reserved and regularly used for working space
2. Separation and access. Each live work unit shall be
separated from other live work units or other uses in
the structure Access to each live -vork unit sha'I be
provided from a public street, or common access areas,
corridors, or halls. The access to each unit shall be
clearly separate frorn other live work units or other uses within the structure.
3. Facilities for commercial or industrial activities,
location. A live work unit shall be designed to accom
modate commercial or industrial uses as evidenced by
the provision of flooring, interior storage, ventilation and other physical improvements of the type common
ly found In exclusively commercial or industrial facilities used for the same work activity. The ground floor of
a live work unit shall be used only for non residential purposes.
4. Integration of living and working space. Areas
within a live vork unit that are designated as living
space shall be an integral part of tre live work unit. The living space of a live 1,vork urnt shall be accessed only by means of an interior connection from the work space
and shall have no ex tenor access except as required by the Building Code
5. Mixed occupancy structures. fa structure contains
mixed occupancies of live work units and other non
res1dent1al uses. occupancies other than live work
shall meet all applicable requirements for those uses.
and proper occupancy separations shall be provided
between the live work units and other occupancies. as
determined by the Building Official.
6. Parking. Each live ,.,ork unit s11all be provided with at least two off street parking spaces. The review autbor
ity may modify this quIr,...r:ient for the use of exIstIng structures with ,im1ted pari<ing.
Chaote 6 2 S •e Panning Dev� oo'Tlent, and Ooe•at rg Sta""da d> to Ce�ra1n Land Use
6.20.110 Mobile Home Parks and Subdivisions
A. Conformance to Provisions
Mobile homes mobile home parks, trailer parks, travel
trailer parks aI d recreation vehicle parks. where allowed, shall conform to Title 25 of the California Administrative Code, the residePt1al development standards 111 Chapter 3 30 \Jon Transect Zones) and the additional provisions of Section 6.30.050. -:-he following standards also apply to mobile home subdivisions. unless otherwise specified.
B. Standards
The following requirements apply to mobile home parks
and subdivisions to help integrated the development
with adjoining neighborhoods in a way that will ensure
the optimum beriefit of residents of the mobile home
park or subd1vis1on and of the larger community.
1. Consistency with the General Plan. All development
shall be corisIstent ,v1th the goals and policies of the General Plan and with the uses and density•111tens1ty
standards of the applicable General Plan des1gnat1ons.
2. Maximum site area. 50 acres or as may be imposed
under permit approval to assure compat1bil ty of the
use within the area or to assure that the size of a park or subdivision ,s not so great as to preclude the proper developr,,e1 t of the surrounding area.
3. Maximum density. Maximum density for mobile
hor,e park or subdivision shall not exceed 4,500 square feet per space.
4. Completion of construction. Prior to occuparicy of
the first mobile home not less than 50 mobile home
lots shall be prepared and available for occupancy.
5. Parking requirements. The overall parking ratio shall be two parking spaces for each mobile ho1T1e lot At
least one parking space shall be provided on. or immediately adjoining to. each mobile home lot. in compli ance with Chapter 4 50 ,Parking Standards .
6. Access, Access Drives
a All access drives 1vith1n a mobilehome park shall be
not less than 40 feet in width.
b All vehicular park11,g areas and drives shall be sur
faced and graded in accordance with the require
men ts for local streets as contained in the Title 1 7
Subdiv1s1ons
c1 All mobilehome spaces shall have frontage on inter
nal private drives. No mobilehome space shall
have direct access to a public street or public
alley
d All mobilehome sites shall have access from an
abutting improved and dedicated city street or
highway.
e All points of vehicular access to and from public
streets shall be approved by the Commission
7. Pedestrian access. There shall be provided a sys
tern of landscaped pathways to be used exclusively
by pedestrians. Pathways shall serve all mobile
home lots and all buddings used 111 common. In
the event such pathways are provided adjacent
to driveways, the pedestrian pathway shall be at a
grade height at least four inches higher than the
adjacent driveway.
8. Setbacks. All structures and mobile homes shall be
set back at least 20 feet from all property lines and
streets or public rights of way. If a greater build
ing line has been established by ordinance. ,t shall
be observed. The setback area shall be landscaped
arid maintained ,n compliance with Chapter 4 40
(Landscape Standardsl.
9. Utilities. All utility transmission lines and utility connections shall be installed underground.
10. Enclosures
a Each mobilehome park and subdiv1s1on shall
be completely enclosed within a fence and
or hedge In compliance with Section 4.40.080
'Fences and Screening 1.
b Enclosure r,,ay have driveway or pedestrian way
openings subJect to approval by the Review
Authority.
11. Height limits. The maximum height for:
a Mobile homes shall be 17 feet;
b Accessory structures shall be 1 7 feet; and c Ser
vice facilities shall be 30 feet.
12. Drainage
a A drainage system shdll be installed prror to oc
cuparicy of the park or subdivision and shall be
continuously maintained in compliance with a
plan approved by the City engineer
C hap•f" 6.20 S �t' Pl lnr" nr, Jeve m nt 1rd Operar111q S·Jnda :is f , ("••3 La 'd
6.20.110 Mobile Home Parks and Subdivisions
b The plan shall include but 1s not limited to. the fol lowing provisions:
(i) All drainage originating on the site shall be con
tained on the same site, unless a plan for accept
ance of such drainage to off site sumps or other
facilities has been approved by the City engineer.
1i The method for transporting off site drainage
through a mobtlehome park or subdiv1s1on shall
be in compliance with the criteria for the 100-year
flood.
iii! In the event that any drainage sump area located
within the park has a water holding capacity of
more than 18 inches in depth, the area shall be
completely enclosed within a chain link fence six
feet in height with vertical redwood slats.
13. Water distribution and sewage disposal systems
a All mobileholT'e parks and subd11i1s1ons shall be
served by the city water system.
bl A water distribution system shall be installed prior to occupancy of the park or subd1v1sior and shall
be continuously maintained. in compliance with a
plan approved by the City engineer and the City fire
department.
c All mobilehome parks and subdivisions shall be con
nected to the City sewer system
d A sewage disposal system shall be installed prior to
occupancy of the park or subd1v1sion and shall be
cont nuously fYlaintained, 1n accordance ith a plan
approved by the City engineer.
14. Other laws, regulations and ordinances All appl ca
ble County and State laws and regulations concerning
the development and operation of mobile home parks
and subdivisions shall be observed. \Jothing conta ned
in this Section shall be construed to abrogate, void, or minimize other pertinent requirements of law.
C. Standards Specific to Mobile Home Subdivisions
1. Street Widths. All internal streets within the mobile home subd1v1s1on either privately owned or publicly
dedicated, shall not be less than 50 feet 1n w1dtr.
2. Access, Access Drives. A m1111mur,-, of two n'ea,,s of i11gress ancl egress to a public street shall be provided D. Public Street and Highway Dedications and Im·
provements
1. Dedications. Street and highway dedications adJacent to mobilehorne parks and subdivisions may be required
by the Commission In accordance with the following
standards.
a If the park or subdivision 1s adjacent to a maJor street, as shown on the General Plan Mobility Plan. the
owner shall dedicate or make an irrevocable offer of
dedication of all property lying within 55 feet of the
centerline of such highway for public highway pur
poses. at no cost to the City
b If the park or subdivision 1s adjacent to a secondary street. as shown on the General Plan Mobility Plan,
the owner shall dedicate or make an irrevocable offer
of dedication of all property lying within 45 feet of
the centerline of such street for public street purpos
es. at no cost to the City.
cl If the park or subdivision lies adjacent to the pro
jected alignnient of a planned local street vl,1cl' 1s
necessary for circulation within the general area or
neighborhood, the owner shall dedicate or m<�ke an
irrevocable offer of dedication of all that property
lying within 30 feet of the centerline of such street for public street purposes, at no cost to the C.ty
d f the park or subdivision 1s adJacent to an adopted
specific plan or official plan line, the owner shall dedi cate or make an irrevocable offer of ded1catio,� of all property lying w trw the specific right of way 111,e for public �treet purposes. at no cost to the City.
2. Improvements.
a mprovements 111ay be required by the Commission
at no cost to the City, in accordance w1tr Title 1 7
Subdivisions)
b Required street and highway improvements shall
include any necessary tie to existing pavement and
shall be under permit of the City or the state division of high "'ays as appropriate
E. Recreational Areas and Facilities
1. Mobilehome parks
a fa mobilehor>k park contains 'O or 111ore mobile
rome spaces, o, 1f a IT'obilehor>ie park cornbmed
with a recreational vehicle park as a secondary use
contc:J ns a combinatior, of '0 or r>1ore mobilehor,e
spaces and recreational vehicle spaces. Jn open area
n-17
Cha pt€" 6 20 Site Planning Deve ooment, and Opi:c-rat-on9 S•:rnrJards for Certain LJnd Ust?
6.20.110 Mobile Home Parks and Subdivisions
of land devoted to, and landscaped for, recreational
use shall be provided within the park.
b Such recreational area shall be no less than 5.000
square feet, plus an additional 100 square feet for
each space in excess of 25 spaces.
2. Required recreational areas may be divided into more than one location provided no single location contains
less than 1.000 square feet.
3 No building or mobilehome shall occupy a required
recreational area excepting buildings and structures
necessary or used and devoted to recreational uses,
such as recreation buildings, swimming pools. swim
ming pool accessory buildings, saunas playgrounds
with or without equipment picnic areas or other 1m
proved open space areas.
6.20.120 Outdoor Dining/Seating
Restaurant activity may occur w1th1n a public sidewalk or open space per the following:
1. Furniture such as tables chairs, umbrellas and portable heaters are allowed to be placed within the sidewalk if the furniture 1s:
al located either adJacent to the building or near the
curb·
bl clear of required ADA access.
c' rnair,ta,red 111 a r"anr,er that does not become detri mental to the function and appearance of the side
walk or that presenb pote:,tial safety hazards
d) approved by the Director as being compatible with
the buildirg s facade ard the general streetscape.
2 f alcorol is served the area where alcohol is to be
4. No required front, side, or rear setback of the park. or any mobilehome space recreational vehicle space or
storage area may be counted toward the requirement
for recreational space
5. The required recreational space shall be accessible to all occupants of the park and shall not be used for any purpose other than recreational use of the occupants of the park.
6. All required open space areas shall be maintained
consistent to a landscaping plan in compliance with
Chapter 4.40 I Landscape Standards .
consufT'ed shall be delir,eated by decorative stanchions and or potted plants or other such approved method;
3. If alcohol is served, such activity shall be in compliance with FMC 12 326'
4. The area along the sidewalk shall not be enclosed with any feature taller than 4 feet except for landscaping
which shall not obscure views into the sidewalk dining
area·
5 Music 1s allowed when it does not become detrimental
to the function of the sidewalk,
fl The area shall be kept free of debris or other such trash
6.20. 130 Pub, Bar, and Off-Site Alcohol Sale s
A. Purpose
There shall be no more than one second d1Nellir,g per lot.
B. Locational Requirements
n compliance ,,11th Sect,00 22 of Article XX, Californ1J Constitution.
1. No pub, bar, or off site alcohol sales establishment shall be located within the r1mediate v1cirity of churches
and hospitals.
6-18
2. No pub bar or off site alcohol sales establishment
shall be permitted w1th1r 600 feet schools. public
playgrounds and nonprofit you tr facilities.
3. The use shall not be permitted where there is
evidence. that normal operation of the prer11ses
could adversely affect the public safety, health and
general Nelfare of the neighborhood.
6.20.140 Accessory Dwelling Units
A. Purpose
The purpose of this Section is to allow and regulate
accessory d"1elling units ADUs and Junior accessory
dwelling units (JADUs 1n compliance with California
Government Code .!i6631 O et seq. This Section incor
porates all amendments to State ADU and JADU Law
effective through January 1, 2026.
B. Applicability
locations Permitted. ADUs are permitted on
all lots zoned for single family or multi family
residential use including mixed use zones, that
contain an existing or proposed dwelling. JADUs
are permitted only on lots zoned to allow single
family residential use that con tam an existing or
proposed single family dwelling. See Article 3
Specific to Zones
2. Ministerial Review Required. All ADU and
JA8U applicat•ons shall be rev1e ed ministerially
without discretionary review or public hearing in
coripliance with Government Code �6631 ?(a
3 Residential Use. ADUs and 1ADUs are a resider
tial use that 1s consistent with the existing Gen
era! Plan and zoning des1gnat1on for the lot on
which they are located and do not count toward
the allowable density for that lot.
4 Relationship to Other Regulations. vVhere this
Section does not address a particular standard or
procedure, other provisions of this Code apply to
the extent they do not conflict witr this Section
or State law
C. State-Exempt ADUs and JADUs
The City shall ministerially approve any of the follow
ing ADUs and JADUs, or any combination of them as
provided in Subsection D subJect only to the require
ments 1n this Subsection the Building Code, and
health and safety requirements. No additional devel
opment or design standards shall apply in compli
ance with Government Code �66323.
Single-Family Detached ADUs. One detached
ADU subject to the following standards.
a Maximum size of 800 square feet of interior
livable space
b. Maximum height complies with Subsection
G.3.a; and
c. 11,,11nimum four foot side and reM setbacks.
2 Single-Family Converted ADUs and JADUs.
One ADU converted from the existing or pro
posed space of a single family dwelling or frolT'
an existing accessory structure, and one JADU
converted from the ex sting or proposed space of
a single family dwelling. subject to the following
standards:
a The converted ADU or JADU shall have exte
rior access and setbacks sufficient for fire and
safety.
b. AP ADU converted from an existing acces
sory structure may include an expansion of
up to 150 square feet beyond the physical
dimensions of the existing accessory struc
ture to accor,modate ingress ard egress for a
converted ADU.
c. A converted JADU shall comply Nith the
standards 1r Subsection Y
3 Multi-Family Detached ADUs. Detached
ADUs on a lot with an existing or proposed
multi family dwelling, subject to the following
standards·f'v1ax1muri height complies with Sub
section G.3.a and
a. Up to two detached AJUs on a lot with a
proposed multi family dwelling. up to eight
detached ADUs on a lot with an existing
rriulti family dwelling, not to exceed the rum
ber of existmg urn ts on the lot;
b. Maximum height complies with Subsection
G.3.a and
c. Minimum four foot side and rear setbacks. If
the existing multi family dwelling has side or
rear setbacks of less thar four feet. no modi
ficat,on to the existing multi family dwell
1119 shall be required to provide a foLir foot
setback.
6-19
Ch.:ip•e 6 )0 Site Planning De e oo-nent and Ooerat 19 5tardards h� Ce tan ., rt l,se
6.20.140 Accessory Dwelling Units
4. Multi-Family Converted ADUs. ADUs converted
from portions of existing multifamily dwelling
structures that are not used as livable space,
including, but not limited to, storage rooms,
boiler rooms passageways attics. baser1ents, or
garages. The number of ADUs allowed under this
subsection is the greater of one ADU or 25 per
cent of the existing multi family dwelling units.
'Livable space' is as defined by Government
Code §663 13 e
D. Number of Unit Types Allowed.
1. Single-Family Dwellings. On lots with an
ex1st111g or proposed single family dwelling the
following shall be allowed in any combination on
the same lot subject to the standards In Subsec
tion C
a. o,,e ADU created for existing or proposed
space within the primary dwelling or acces
sory structure
b. One JADU created from existing or proposed
space within the primary dwelling· and
c. Orie detached 11ew construction ADU.
2. Multi-Family Dwellings. On lots with existing
or proposed attached multi family dwellings, the
follow1rg shall be allowed subject to the stand
ards ,n Subsect1011 Ca Existing Multi-Family Dwelling.
1. L.Jp to eight detached ADUs not to exceed
the number of existing units on the lot.
ii AD Us converted from portions of existing
multi family dwelling structures that are
not used as livable space. The number of
ADUs allowed under this subsection Is the
greater of one ADU or 25 percent of the
existing multi-family dwelling units.
b Proposed Multi-Family Dwelling. Up to two de
tached ADUs on a lot with a proposed mult
family dwellirg
6-20
3. Additional ADU Subject to Local Standards. In ad
d1t1on to the units described in Subsections D 1 and
D.2, one ADU attached. converted. or detached shall
be allowed on each lot zoned to allow single family
or multi family residential use that contains an exist
ing or proposed dwelling, in compliance with Cali
fornia Government Code § 66314. An ADU allowed
under this Subsection Is sub1ect to the standards In
Subsections F and G.
E. Permit Process, Timing, and Fees.
Permits Required. ADUs and JADUs shall require a
Building Permit only.
2. Permit Process and Timing.
a. Completeness Determination. The City shall deter
mine whether an application to create or serve
an ADU or JADU is complete and provide written
notice of this determination to the applicant not
later than 15 business days after receiving the
application, in compliance with California Gov
ernment Code� 6631 ?(a ,2, and 66335 a) 2 . The
determination shall be made ,n accordance with
the following provIsIons:
i. If the application Is incomplete, the City shall
provide the applicant v·th a list of incomplete
items and a description of how the application
can be made corrplete with the written rotIce.
1i. After receiving notice of incompleteness, the
applicant may cure and address the incorn
plete items.
iii. Upon review of a resubmitted appl1cat1on the
City shall not require items not included ,n the
original incompleteness list.
iv. If the City does not provide a writtPr com
pleteness determination w1th1n 15 business
days of receivi11g the application the applica
tion shall be deemed complete.
Chaote 6.20 Ste> P ann • 10 nl, '"',..., •"• a d Qpp ,-1 rig C,tanda de; 0 • l
6.20.140 Accessory Dwelling Units
b. Approval Timeline. The City shall approve or deny
an application to create an ADU or JADU within
60 days of receipt of a complete application in
compliance with California Government Code
1'166317 a 3) and 66335 a"3' Applications for
detached ADUs using preapproved plans shall
be acted upon within 30 days. as provided in
Subsection E.2.e. If the City has not acted upon
the completed application within the applicable
time period the application shall be deemed ap
proved, except as follows:
The applicant requests a delay. in which case
the applicable time period 1s tolled for the
period of the requested delay or
11 If the application to create an ADU or JADU 1s
subr11tted with an application to create a new
single family or multi family d veiling on the
lot. the City may delay acting on the permit
applicat'or, to create the ADU or JADU unt1'
the City acts on the application to create the
new single family or multi family dwelling. The
application to create the ADU or JADU shall in
all cases be considered ministerially without
discretionary review or a hearing.
1. Denial Requirements. f the City denies an appli
cation to create an ADU or JADU. the City must
describe. in writing, a full set of comments listing
the items that are defective or deficient 3nd a
desrnpt101 of how the application can be rem
ed1ed by the applicant. cor,sistent with Califomia
Government Code§ 663 1 7 a 3\ and 66335 a 3 .
Notice of denial and corresponding COfTlments
must be provided to the applicant N1th1r the 60
day time period established by Subsection E.2.b.
d. Appeals. Appeals of incompleteness determinations made pursuant to Subsection E.2.a or deni als made pursuant to Subsection E.2 b shall follow
the procedures established in Chapter 10.20
Appeals . I\Jotw1thstanding any other provision
of this Code, the City shall provide a final written
determination on the appeal not later than 60
business days after receipt of the appl cant� mt
tel"' appeal, consistent with Government Code§
66317 d and 66335 e.
e. Preapproved Plans. The City shall approve or
deny an application to create a detached ADU
within 30 days of receipt of a complete ap
pl1cat1on 1f the application utilizes.
i. A pl,rn preapproved by the City pursuant
to Governrient Code §65852.27 a with r,
the current triennial California Building
Standards Code rulemaking cycle; or
ii. A plan identical to a plJn used in an ap
plication for a detached ADU previously
approved by the City within the current tri
ennial California Building Standards Code
rulemak1ng cycle.
3. Impact and Utility Fees. Prior to issuance of a
Building Permit for an ADU or JADU. the applicant
shall pay all applicable fees in accordance with
the following prov1s1ons:
a. Impact Fees.
1. The City shall not impose impact fees on
a JADU. or an ADU v11ith -50 square feet
of interior livable space or less. consist
ent with California Government Code �
6631 1.5 C 1
ii. For ADUs with more than 750 square feet
of interior livable space. impact fees shall
be charged proportionately II relation to
the square footage of the primary urit.
The fee shall be calculated as follows the
square footage of the ADU d1v1ded by
the square footage of the primary dvvell
ing, multiplied by the typical fee ar,our.t
charged for a new dwelling.
1i1. 'Impact fee· has the same 1"1eaning as the
term fee' as defined 111 Government Code
�66000 b and includes fees specified 1r
§66477 'Impact fee· does not include any
conr,ection tee or capacity cl-iarge charged
by a local agency special district. or water
corporation consistent with GovernMent
Code � 663 ' ' 5 c 2 .
6-21
C.hap e 6.20 S1�e Plarr "g Developrrent. and Operat ng C.t-:>n':J"rdc; ;or Cer:a,... and Use
6.20.140 Accessory Dwelling Units
b. Utility Fees and Connections.
1. Conversions Within Existing Structures.
The City shall not require installation of a
separate direct connection between the
utility and an ADU or JADU contained
within an existing structure.
ii Construction Concurrent With New
Single Family Homes. A separate utility
connection directly between the ADU or
JADU and the utility shall be required. with
payment of the normal connection fee
and capacity charge applicable to a new
single farnily dwelling.
1i1. All Other ADUs. For an ADU not described
in Subsection E.3.bu,. the City may require
installation of a new or separate utility
corinectIon directly between the ADU and
tre utility. and may impose a related con
nectIon fee and or capacity charge Any
connection fee or capacity charge shdll
be proport orate to the burden imposed
by the ADU on the water or sewer system
based upon either its square footage or
number of its drainage fixture units. and
shall not exceed the reasonable cost of
providing the service. consistent with Cali
forn1a Governrnent Code§ 663' 1.5 e .
iv JADUs. i::or purposes of providing water
sewer, or power service, including a con
nection fee, a JADU shall not be cons1d
ered a separate or new dwelling unit.
cons1stert v1th California Governrnent
Code q 66338.
4. Nonconforming Conditions, Building Code
Violations, and Unpermitted Structures.
a. The City shall not deny an ADU or JADU
application, or condition approval on the
correction of. due to a nonconforming zoning
condition, ouilding Code v1olat1on or unper
m1tted structure on the lot that does not pre
sent a threat to tre public health and safety
and that Is not affected by the construction of
the ADU or ;ADU in compliance with Govern
ment Code §66322 b and 66336.
6-22
b. For ADUs and JADUs described 111 Subsection C
1.e. subiect to Ministerial approval under Cali
fornia Government Code§ 66323 . the City shall
not condition approval on the correction of any
nonconforming zoning condition, consistent with
California Government Code§ 66323 c .
F. General ADU and JADU Standards.
1. Separate Conveyance. An ADU or JADU may be rent
ed but neither may be sold or otherwise conveyed
separately from the primary dwelling unit, unless the
property .vas built or developed by a qualified non
profit corporation and all provisions of Government
Code §66340 through 66342 are r,et.
2. Short-Term Rental Use Prohibited. No ADU or
JADU may be rented for a term that Is shorter than 30
days consistent with California Government Code�
66323 e and 66333 g
3 No Minimum Parcel Size. There s no 1l'1nimum par
eel size required to establish an ADU or JADU, consist
er>t v1th California Government Code§ 66314 bl 1 l
and 66321 bH3 .
4 Minimum Unit Size. \Jo minimum size requirement
shall be imposed that would prohibit an efficiency
unit as defined in California Health and Safety Code q
17958. 1 consistent with California Government Code
§ 66321 b' 1 .
5. Fire Sprinkler Requirements. A8Us and ,ADUs shall
not be required to include fire sprinklers if they are
not required for the primary res derce The construe
tIon of an ADU or JADU shall not trigger a require
ment for fire sprinklers to be installed In the existing primary dwelling, consistent with California Govern
ment Code§ 66314 d 12 66323 d and 66337.
6 Rental Data. The owner of the lot on which an ADU
or JADU 1s located will be requested to participate
in the City s monitoring program through periodic
surveys to determ11'e rent levels of ADUs and ;ADUs
for the City s Regional Housing Needs Allocation
reporting.
6.20.140 Accessory Dwelling Units
7. Removal. If an ADU or JADU is removed or converted
to another use after a Certificate of Occupancy has
been issued for the ADU or JADU any dev1at1ons
from development standards e g .. setbacks. parking
or exemptions granted specific to the ADU or JADU
use (e.g reduced or exempt fees must be brought
into compliance with the standards and regulations
in effect at the time Upon approval of the reversion
request by the City any applicable deed restriction to
the ADU or JADU shall be rescinded from title.
G. Additional Accessory Dwelling Unit Standards.
This Subsection establishes additional standards applica ble to ADUs not described in Subsection C. The maximum
height standards in Subsection G.3 also apply to ADUs
described ir. Subsection C. in compliance with California Government Code§ 66323 aI 2hBI.
1. Maximum Size.
a. Detached ADUs.
1. Single Family Detached ADUs. The maximum
unit size of a detached ADU is 850 square feet
of interior livable space for a studio or one
bedroom unit and 1,200 square feet of interior
livable space for an ADU wtth two or more
bedrooms.
ii. \i\ulti Family Detached ADUs. No maximum
urit size
b. Single-Family Attached ADUs. -ri-,E: totJI floor area of an attached ADU shall not exceed 50 percent
of the existing pnmary dwelling however, this
standard shall not prevent an attached ADU frorr'
being less than 800 square feet of interior livable
space
c. ConvertedADUs. There ,s no maximum unit size
for ADUs created from the conversion of exist
ing space: however, the following standards shall
apply
i Single Family Converted ADUs. Must be ere
ated w,thm the proposed or exIstirg space of a
single famtly dwelling. ADUs created from tr,e
conversion of an exIstIng accessoI y structure
may add up to 150 square feet beyond tre
physical dimensions of the structure to accom
modate ingress and egress.
ti. Mult, Family Converted ADUs. Must be ere
ated within exIst111g non livable space
2. Setbacks.
a. Front setbacks shall be those established by
the applicable zone. provided that the set
back requ,rerient does not preclude an ADU
with at least 800 square feet of interior livable
space If the applicable zone's m,n,mum front
setback standard would preclude an ADU of
up to 800 square feet of interior livable space,
the ADU may be located partially or wholly
within the front setback, consistent with Cali
forn,a Government Code � 66321 b 3l.
b. M1111mum side ard rear setbacks shall be four
feet or the setback for the applicablE. zone,
whichever is less.
c. If a detached ADU "'ould be constructed ,n
the same location and to the same d1men
sIors as an exIstIng structure the ADU may
matnta,n the same setbacks as the existing
structure consistent ,v,th California Goverr
ment Code§ 66314 d 7.
3 Maximum Allowed Height.
a. Detached ADUs. Detached ADUs are a lowecl
to be 16 feet tn height except as follows:
i. Accessory to a multt story multi family
dwelling. Up to 18 feet tf the ADU s are
accessory to an existing or proposed
rnulti-story multi fafT'tly dwelling consist
ent with California Government Code�
66321 b)(4, C .
ii. Transit proximate. Up to 18 feet ,f the ADU
is within one half mile walking distance of
a ma1or transit stop or r1gh quality tran
sit corridor, as those terms are defined In
Ca'iforn1a Public Resources Code �211 55.
An additional two feet 111 height Is allowed
to accomr1odate a roof pitch or the ADU
that is aligned with the roof pitch of the
primary dwelling ut'•t cor� stent w1tr Cal,
forn1a Government Code§ 66321 b 4 B
6-23
Chaptp• 6.20 Site DI rnning Deve ooment, :inrl /Jnn 11-i ")'"' c;ta "da•ds for Certc11n Land Use
6.20.140 Accessory Dwelling Units
b. Attached AOUs. Up to 25 feet or the height
limitation of the applicable zone, whichever
is lower. but no higher than two stories if
attached to the primary dwelling, consistent
with California Government Code� 66321 bl
4 DL
4. Parking.
a Off street parking for ADUs shall not exceed
one space per ADU or one space per bed
room whichever is less. except as provided in
Subsection G4.c. The parking space may be
provided as tandem parking and may be lo
cated in setbacks. but not in the front setback
unless on the driveway Uncovered parking
spaces are allowed consistent .v1th California
Government Code§ 66314ld)( 10).
b. When a garage, carport, covered parking
structure, or uncovered parking space Is
demolished in con1unctIon with construe
tIon of an ADU or s converted to an ADU. the
off street parking spaces shall not be required
to be replaced, consistent -v1th California
Government Code § 66314(d)( 1 I
c. Parking for an ADU shall not be required in
the following situations. consistent with Cali
forn1a Government Code§ 66322 a':
6-24
1. The ADU Is located within one half mtle
walking distance of public transit.
11 The ADU Is located w1th1n ar architectur
ally and historically significant historic
district.
11i The ADU Is part of the proposed or exist
ing primary residence or an existing acces
sory structure
iv When on street parking permits are re
quired but not offered to the occupant of
the ADU.
v. Whe,� there Is a car share vehicle located
w1th1n one block of the ADU.
vi. When a permit application for an ADU is
submitted with a permit application to create
a new single family dwelling or a new multi
family dwelling on the same lot, provided
that the ADU or the parcel satisfies any other
criteria of this Subsection.
5. Design. The following standards may only apply to
the extent allowed by State law
a. Entrances. The main entrance to an attached ADU
may not be located on the front of the primary
unit
b. Second Story Units. New second story windows
in an ADU that are 25 feet or less from a property
line must incorporate at least one of the follow
ing:
i. The proposed second story window of the
ADU shall be pos1t1oned so that the window
sill is at least five feet above finished floor· or
ii. -he proposed second story window of the
ADU must utilize obscured glazing as defined
in the California Building Code
c. Garage Conversions. When a garage is converted
to an ADU the garage door must be removed and
replaced with either windows or a door (provided
the door does not face the street if it is an at
tached ADU . Windows and doors �ust be of the
same size proportion, and spacing as the primary
dwelling unit.
d Compliance. Compliance with design standards
In this Subsection shall be verified at building
permit issuance through review of building plans.
Design standards shall not be grounds for denial
of a building permit 5.1 ESS 2 if the applicant
agrees to modify plans to comply with the stand
ards subJect to the cure provisions of Subsection
E.2.
lraotN 6.20 S tp Pia.,,... ng. Deve•oo.,,,e : and Ooe �� nq StandJ d'> fo (_p D•" a 1cf U5e
6.20.140 Accessory Dwelling Units
H. Additional Junior Accessory Dwelling Unit Standards.
1. Maximum Size. The maximum JADU size is 500
square feet of interior livable space. JADUs must be
created within the walls of a single family residence,
1nclud1ng attached garages. JADUs shall not be con
structed within an accessory structure or expanded
beyond the dimension of the existing or proposed
single family dwelling consistent with California Government Code§ 66313 d and 66333 d.
2. Owner Occupancy.
a. f the JADU has shared sanrtation facilities with
the existing structure, owner occupancy Is
required. The owner may reside In either the
remaining portion of the single family residence
or the JADU.
b. f the JADU has separate sanitation facilrt es,
owner occupancy is not required.
c. The owner occupancy requirement does not ap
ply ,f the property rs a governmental agency, land
trust. or housing organization, consistent witl->
Cal1forn1a Government Code '3 66333 bl.
3. Interior and Exterior Access. JADUs shall have a
separate entrance from the main entrance to the
single family dwelling unit. f the JADU does not have
a separate bathroom the JADlJ shall have an inte
rror entry to the rriain living area of the single family dwelling unit. consistent with California Government
Code '3 66333 e
4 Efficiency Kitchen Required. JADUs must in
elude an efficiency kitchen with all of the follow
ing.
a. A cooking facility with appliances.
b. A food preparation counter arid storage cab,
nets that are of reasonable size in relation to
the size of the JADU.
5 Parking Not Required. Parking shall not be
required for a JADU consistent with California
Government Code § 66334 a
6. Rental Term. A JADU shall not be rented for a
term shorter than 30 days, consistent with Cal,for
nia Government Code§ 66333 g).
7 Deed Restriction. A deed restriction shall be
recorded against the lot containing the JADU
with the Kern County Recorder s Office prior to
issuance of any Certificate of Occuparcy for the
JADU The deed restriction shal, run with the ard
and may be enforced against future property
owners The deed restriction must state that the
JADU IT'ay not be transferred or sold separately
frorri the pr mary dwelling and shall include a
restriction on the size and attributes of the JADU
that conforms with this Section and with Califor
nIa Governrient Code§ 66333 c . .,.he forl"1 of the
deed restriction shall be provided by the City
6.20.150 Telecommunication Facilities
A. Purpose
Sect,or 6.20 '50 establishes development standards
consistert with Federal law to regulate the placement
ard design of communication facilities by Use Permit
so as to preserve the uf'ique visual character of the Cty promote the aesthetic appearance of the City, and to ensure public health. safety and welfare; pursue addit1oral benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of cornmurncation facd1t1es; and to acknowledge and provide the community benefit associ
ated with the provision of advanced communIcat1on
services within the C•ty.
B. Applicability
The locat,ol' permit requirements, and other prov,
sIons of Article 3 Specific to Zones shall apply to
all communications facilities. except for C ty owned
telecommun1cat1ons fac1 ,ties. All communIcat on
fac,l·t es sl,all also rn,,,,ply with a I applicable require men ts of State and Federal law.
6-25
l ·apte 6.20 S tP P 'H"ln nr, ::)o e oprre'"'t ,nrl ()po at CJ S•andJ els f > Ce tal'"' land Use
6.20.150 Telecommunication Facilities
C. Permit Requirements
1. Use Permit or Minor Use Permit. Use Permit
approval is required for all communications facili
ties subiect to Article 3 Specific to Zones except
for the following, which shall require approval of a
Minor Use Permit. The Director shall ensure through
the Minor Use Permit approval that each of the
following facilities complies with the intent and
all applicable requirements of Article 3 Specific
to Zones . The Director may also choose to defer
action and refer any of the following facilities to
the Cor1miss1on for cons1derat1on as a Use Permit
application.
a An antenna that Is ii stalled, placed and main
tained under the roofline of an existing structure,
or above, beh nd, and below an existing ap
proved roof screen and does not extend above
the highest point of the structure. or Is camou
flaged within an existing structure so as not to
be visible fror, a public right of way or other
property.
b A communicat on facility in which the antenna is
mounted on a mast less than 10 feet high and Is
not visible from a public right of way.
c An amateur and1or cItIzens band antenna oper
ated by a person holding a license issued by the
FCC in cor1pl1ance with 47 C.F.R. Part 97, and
used solely 111 col'nectIon with that license and
which shall be subject to the 'minimum practIca
ble regulat1ol' to accoriplish the local authority s
leg1t1rnate purpose, In keeping with the order of
the FCC known as P�B ' FCC 85 506, released
September 19, 1985, provided that there shall be
no more than one antenna support structure on a
single lot and that the artenna structure com
plies with the height limits of the applicable zone.
2. Exemptions from Use Permit requirements. The
following communication facilities shall be exempt
frorr' Jse Permit requirements.
a1 Replacement or mod1ficat1on of previously al
lowed facilities or equipment determined by the
Director to be of a minor r,ature that does not
increase the number or height of antennas or sIg
nificantly charge or enlarge the ancillary related
equipment at the site.
6-26
bl An antenna that is one meter 39 37 inches or less in diameter or diagona measurement, that Is designed:
1 To receive direct broadcast satellite service, includ ing direct to home satellite service, as defined by
Section 207 of the Telecommunications Act of 1996.
Code of Federal Regulations Title 47, and any inter
pretive decisions thereof issued by the Federal Com·
mu111catIons Commission or 1i1 For subscribing to a
multipoint distribution service.
c) A satellite earth station SES antenna of two meters
(78.74 inches or less In diameter or diagonal meas
urement, located 111 a commercial or industrial zone,
that Is designed to transmit or receive radio comr,u
nications by satellite or terrestrial communications
antenna These antennas may require a Building Per
mIt and approval of the placement by the Director to
ensure maximum safety is maintained and promote
the aesthetic appearance of the City These anten
nas shall be placed, whenever possible, on the top of
buildings as far from the edge of rooftops as possible.
3. Application requirements. n addition to the informa
tIon required for a Use Permit and or \i\1nor Use Permit appl1cat1on by Article 9 Procedures , an application for a communication facility shall include:
a Consistent • 1th a I 1mitat1or,s mposed by Federa'
law, certification by a licensed engineer that is accept able to the Director that the proposed facility ,viii at all times rieet standards set by the Federal Comr1uni
cation Commission FCC and comply •11th all applica
ble health requ remer,ts and standards pertaI0111g to
electromagnetic and or radio frequency emissions.
b A report, if required by the Police Department. to
evaluate the potential for ·nterference e.g. HF UHF,
VHF, 800 mHz with public safety communication
equipment. The applicant shall be responsible for
paying any costs incurred by the City including the
costs of retaining consultants. to review and analyze
the report.
c The applicant shall submit a visual impact analysis.
which may include photomontage field mock up,
or other tech111qu0s. � h1ch demonstrates the visual
impacts of the proposed facility. Consideration shall
be given to views from public areas. �he ar,alys,s
srall assess the cumulative in.,pacts of the proposed
facility ar,d ocher �x,sting and foreseeable telecor.., munIcatIon fac lit es 111 the area and shall 1dent1fy and include all feasible mit1gat1on measures consistent
with the ted,nological requirements of tt->e proposed
('"'aote o 2C 5 te Plann nr na 0 J i .,
6.20.150 Telecommunication Facilities
telecommunication service. The analysis shall also
consider the potential of future utility underground
1119 construction. All costs for the visual analysis, and applicable administrative costs shall be borne by the
applicant.
d) A Master Plan of all existing facilities and planned future faolit1es within the City and surrounding area.
The Master Plan shall consist of the following com po
nents:
Ii A ,witten description of the type of technology
the company carrier will provide to its customers
over the next five years i.e. Cellular, PCS etc and a
description of consumer services to be offered 1.e.
voice video and data transmission';
ii A description of the radio frequencies to be used
for each technology;
,iii) A map of the City and surrounding area srow1ng
the five year plan cell sites and plarned coverage·
1v A written list of existing. proposed and ant1c1pat
ed cell sites of the service provider over a five year
period
(vJ A description of the location of the cells and the
types of installations, including antennas and
equipment.,
vi A site plan of the lot, right of way, premises or lot showing the exact location of the proposed facility
(Including all related equipment and cables 1, exact
locat1or al"d dimensions of all buildings parkil"g
lots. walkways, trash enclosures. and property lines.
'vii Co location Height Just1ficatiol". The applicaN
shall provide 1ust1ficat1on as to why the proposed
height is necessary and why co location on an exist
1119 site 1s not feasible or desirable if applicable .
viii Building elevations and roof plan for building
and or rooftop mounted facilities) indicating exact
location and d1mens1ons of equipmert proposed.
For freestanding facil1t1es, indicate surrounding
grades structures and andscaping from all sides.
ix Proposed landscaping and or non vegetative
screening mcluding required safety fencing1 plan
for all aspects of the facility.
el Documentation certifying the applicant has obtained
all applicable licenses or otrer approvals required by
the Federal Comrriunicat,on Comr11ss1on to provide
the services proposed 111 connection with the appl1ca
tiOP.
f) A service provider who intends to establish
multiple wireless Telecommunications Facilities
within the City 1s encouraged to apply for the
approval of all facilities under a Use Permit. Under
this approach all proposed facilities requiring a
Use Permit may be acted upon by the City as a
single Use Permit application, ersunng feasibility
of long range company projections.
4. Communications consultant may be required. "
the event that the City needs assistance In under
standing the technical aspects of a particular pro
posal, the services of a communications consultant
may be requested to determine the engineering or
screening requirements of establish1rg a specific
wireless commun1cat1ons facility. This service will be
provided at the applicant's expense.
5. Required findings for Use Permit approval.
The approval of a Use Permit or Minor Use Permit
for a communication facility shall require that tre
Review Authority make the following firclings in
addition to those n,qu,red for Use Perm•t approval
by Section 9.30.070 use Permit .
a The communication facility complies with all
applicable requirements of Article 3 Specific to
Zones ·and
b The communication facility will not adversely
impact the character and aesthetics of any public
right of way.
6. Co-location required. A new co11·1mun1catior. fa
olity shall be co ocated "Ith ex1stir19 facilities ard
✓1tr other planned new facilities whenever feasible
and whenever determined by the Review Author
Ity to be aesthetically desirable. A service provider
shall co locate a new communication facility with
non communications facilities e.g light standards,
water tanks, and other utility structures) wrere the
Review Authority determines that this collocation
will m1rim1ze the overall visual impact.
a A service provider shall exhaust all reasonable
measures to co locate their comr1ur1cat1ons fa
cil1t1es on existing towers or ·vitr or w1th1n exist
ing ancillary support equ1pme,,t f,ml1t1es before
applying for a new commur,1cat1or fac1 1ty site
6-2 7
6.20.150 Telecommunication Facilities
bi Each service provider shall provide the City
with evidence that they have contacted all other
potential providers who have or who are reason
ably likely to be installing fac,1,ties witrin the
v1cInity of the proposed facility ..ind have offered
to participate in a joint installation project on
reasonable terms.
c' In order to fac,l,tate collocation. Use Permit conditions of approval for a new facility shall require each service provider to cooperate in the siting
of equipment and antennas to accommodate the
maximum number of operators at a given site
where determined by the Review Authority to be
feasible and aesthetically desirable.
7. City-owned property. Consistent with all l1m1ta
t,ons imposed by Federal lav'• a communication
facility shall not adversely affect the publ c health,
safety or welfare. In order to best benefit the c,t,
zens of Tehachapi from this necessary community
impact. the Review Authority shall always consider
City owned sites as the highest priority for the location of communication facilities.
D. Facility Design and Development Standards
1. Each proposed communication facility shall comply
with the following standards.
a Facility placer1ent
, A roof mounted anterra on a structure that
complies with applicable height limits shall be
set back from the nearest roof edge tre equ1va
lent of the height of the tower or a minimum of
10 feet. whichever ,s greater
11 A ground mounted communication facility ,in
eluding towers and antennas shall be located
as far as possible from all property boundaries.
and set back from the property line at a rat,o of
1 5 rorizontal feet for every one foot of height.
where feasible unless a location closer to
property boundaries reduces visual impacts as
viewed from public areas.
,ii, A tower or antenna shall be set back from any
site boundary or public rig rt of way by a rrnni
mum of 25 feet. 1f feasible. �o part of any tower
shall extend into a required setback or beyorid
a property line of the site.
6-28
iv Communication facilities other than towers and
antennas shall be located either within a structure,
underground, in a rear yard not visible from a
public right of way or on a screened roof top area.
A ground mounted facility that is located within a
front or side setback or within a public right of way
shall be underground so that the facility will not
detract from the image or appearance of the City.
bi Height limitations
i All ground mounted communication equipment,
antennas. poles, or towers shall be of a minimum
functional height.
(i, The height of a tower located on the ground shall
not exceed 60 feet, except the Review Authority
may grant an exception to allow towers of up to 80
feet where it determines that the increased height
is necessary for adequate coverage. and the tower
will co locate service providers.
iii The height of a communications facility located
on a structure other than a dedicated support
tower shall not exceed 20 feet above the highest
point of the structure and shall at no time exceed
the height allowed by the applicable zone unless
approved with a Use Permit
iv Ari antenna mounted on the side of a structure
shall not extend above the structure's parapet so
that t ,s v,s,ble from below against the sky.
c Colors and materials. All antennas, poles, towers. or equipment, including ancillary support eqL11pmerit.
�hall have a non reflective finish and shall be painted or otherwise treated to match or blend with the
primary backgrourd and m1nin'1ze ,11sual impacts.
Antennas attached to a structure shall be painted or
otherwise treated to match the exterior of the struc
ture or the antenna s background color. All ground
mounted equipment shall be covered .v,th a clear
anti graffiti type material of a type approved by the
Director or shall be adequately secured to prevent
graffiti.
d' Screeriing, landscaping. All ground mounted equip
ment. antennas. poles. or towers shall be sited to
be screened by existing development. topography
or vegetatiori. Ground mounted facilities shall be
located within structures, uriderground. or in areas
where substantial screening by existing structures or
vegetation cari be achieved. Add1t1onal ne" veg
etation or other screening may be required by the
Review Authority . .,.he applicant shall use tre smallest
6.20.150 Telecommunication Facilities
and least visible al"tennas possible to accomplish the
owner operator s coverage obiect1ves.
e Add1t1onal screening and landscaping. A� part of
proiect review the Review Authority may require
additional screening and/or landscaping, unde1
ground111g, an alternative color scheme or relocation
of a tower or ancillary equipment to a less obtrusive
area of the site where it would have a less prominent
visual presence due to slope, topography. S1Ze, or
relationship to public right of ways.
f1 Power lines. All power lines to and within a commu
nication facility site shall be underground
g Backup power supplies. Backup generators shall
only be operated during periods of power outages.
2. All building and roof mounted wireless telecommuni
cations facilities and antennae shall be designed to ap pear as an integral part of the structure where feasible and located to minimize visual impacts.
3. The placement of new antennae and facilities shall not be physically obstructive or visually intrusive and srall be designed to be visually compatible with the charac
ter of the surrounding area.
E. Operation and Maintenance Standards
1. Contact and site information. The owner or operator
of any facility shall submit and maintain current at all trr-1es basic contact and site 1nforr!'at1or'. The appliccJnt shall notify the City of any changes to the informat1ol" )Ubrnitted within 30 days of any crange including
change of the name or legal status of the owner or op
erator. This information shall include the following.
a Identity including name, address. and telephone
number. and legal status of the owner of the facility
including official identification numbers and FCC cer
tificat1on, and if different from the owner. the 1dent1ty and legal status of the person or entity responsible
for operating the facility;
b Name. address. and telephone number of a local
contact person for emergencies;
c> Type of service provided; and
cl 1dent1fication signs, including emergency phone
rumbers of the utility provider shall be posted Jt all
coI..,..,1"unicatior facil ty sites.
2. Facility maintenance. All communication facilities al"d related equipment including lrghting. fences, shields
cabinets. and poles shall be rnainta111ed In good repair free from trash, debris. lrtter, graffiti and other
forms of vandalism. and any damage from any
cause shall be repaired as soon as reasonably pos
sible.
3. Landscaping maintenance. All trees, foliage,
and other landscaping elements on a communica
tIon facility site, whether or not used as screening,
shall be ma1nta1ned in good condition at all times
In compliance with the approved landscape plan.
The facility owner or operator shall be responsi
ble for replacing any damaged, dead. or decayed
,andscaping as promptly as reasonably possible.
Amendments or modifications to the landscape
plan shall require approval by the Planning :Vlanag
er. The Review Authority may also require a land
scape maintenance agreement.
4. Site inspection required. Each owner or opera
tor of a facility �hall routinely and regularly inspect each site to ensure compliance vith the standards
idert1fied in Article 3 Specific to Zones
5. Exterior lighting. 1...ighting of antenna structures and their electrical support equipment is prohib
ited. except as required by any order or regulation
of the Federal Commun cations Comm1ss101" ;:cc
or the Federal Aviation Adm1111stration (FAA . The
lighting shall be constructed or ocated so that only
the intended area is 1llurn1l"ated and off site glare Is fully controlled. Light fixtures shall be low wattage
hooded, and downvVarcl directed
F. Discontinuance and Site Restoration
All equipment associated with a communication facil
ity shall be rer1oved within 30 days of the d1scont nu
ance of the use and the site shall be restored to ,ts
original pre construction condition subJect to the ap
proval of the Planning Manager. The service provider
shall provide the City with a notice of intent to vacate a site a m,nimufT' of 30 days before site vacatIor.
This removal requirement. and appropriate bonding
requirements. shall be included in the terms of a lease for a facility on public property. A pr·vate lease for a facility located on private property is encouraged to
11'clude terms for equipr1ent ren·oval since the prop
erty owner shall be ultimately responsible for rernoval of the equiprnent.
6-29
Cr-aot.:>r 6 20 Site Pla�n ng OeveloprT'--· l -, /"\pen�, 19 St rndards for Certa1'"' L.:inJ Use
6.20.160 Temporary Use
A. Purpose
The purpose of Section 6.20 160 1s to establish stan
dards for short term activities that would be com
patible with adjacent and surrounding uses when
conducted 111 compliance with Article 3 and Section
6.20.160
B. Applicability
1. Short term activities. A Temporary Use allows
short term act1v1ties that might not meet the nor
mal development or use standards of the appl1ca
ble zone but may otherwise be acceptable because
of their temporary nature.
2. Categories of land uses The following two cat
egories of temporary land uses identify the level
of permit required if any based on the proposed
duration size, and type of use:
a Exempt temporary uses. Exempt temporary uses
.:ire identified in Section C, below; and
b Tell"porary uses requiring a Temporary Use Per
mit. Temporary uses requiring a Tempotary Use
Perr111t are 1dent1fied in Section D below.
C. Exempt Temporary Use
The following minor and l1m1ted duration temporary
uses are exer,pt from the requirement for a tempo
rary use permit Chapter 9.70 . Jses that do not fall
within tre categories defi, ed belo•v shall comply
with Section i) below
1. Contractors' construction yards - on-site
a 011 site contractors construction storage yard sl.
,r. conjunction •1ith an approved construction
project on the same parcel.
b The construction yard shall be removed 1111
mediately upon completion of the construction
project. or the expiration of the companion Build
mg Permit. authorizing the construction project,
whichever first occurs.
2. Emergency facilities. Emergency public health
and safety needs land use act1v1t1es. as deterrrnned
by the Council.
6-30
3. Garage/yard sales. Garage yard sales e.g. personal
property salesJ only when conducted on residentially
zoned property in compliance vith the following stan
dards
a Only one garage yard sale may be conducted within
any four month period and the sale shall be limited
to not more than three consecutive days or to two
consecutive weekends not to exceed four days in all.
bl All signs advertiz1ng a garage yard sale shall be in compliance with Article 7 Signs . All garage yard sale
signs shall be removed withm 24 hours following the
final close of the sale.
cl The sale shall not be conducted between the hours
of 8:00 pm. of any day and 7.00 a.m. of the following
day.
d, The sales shall not encroach or be made on or from
public streets or rights of way.
e \Jo licensed retail or wholesale dealer shall be al
lowed to consign or offer for sale any goods or mer
chand1se or participate in any private sale authorized
by Section 3.
Any garage yard sale not n compliance with the
cond1t1ons specified in Section 3 is hereby declared to be unlawful and a public nu sance.
D. Allowed Temporary Use
The following temporary uses are allowed on private
property, subject to the issuance of a temporary use per mit in compliance with Chapter 9.70
1. Contractors' construction yards - off-site. -he ten' porary use of as te for an off site contractor"s construe tion storage yardtsJ. The permit may be effective for
up to 12 months or the expiration of tre coll"panior'
Building Permit, authorizing the construction project.
whichever first occurs.
2. Events
a E•1terta111ment events. Amusement rides arts and
crafts exhibits. auctions. carnivals, circuses. concerts. fairs. festivals flea markets. food events. outdoor en
tertainment sporting events. and other similar events
as determined by the Director for a period not to ex
ceed 1 0 days twice per year. separated by at least 30
days bet l'Jeen uses. Trese events shall be conducted
at least 200 feet away from any residence.
6.20.160 Temporary Use
b Outdoor sales displays. Outdoor sales displays ex
cept in the downtown, conducted by a retail business
holding a valid Business License issued in compli
ance with \i1unicipal Code Chapter 5.04 ,Business
Permits), may be allowed a maximum of four outdoor
sale events excluding City sponsored activities . For
purposes of th,s Subsection an outdoor sales display
shall be no longer than four consecutive days in dura
t,on.
cl Outdoor sales events. Outdoor sales events conduct
ed by a retail business holding a valid business permit at a single fixed location issued in compliance with
Municipal Code Chapter 5.04 Business Permits) may
be allowed a maximum of four outdoor sale events
(excluding City sponsored activ1t1es1 For purposes
of this Subsection an outdoor sales evl:'nt shall be no longer than four consecutive days in duration
d Seasonal sales events. Seasonal sales .e .. �alloween pumpkin sales and Christmas tree sale lots only by
businesses holding a valid business permit ,n com
pliance with Mun1c1pal Code Chapter 5.04 Business
Permits not to exceed 40 days for pumpkin and tree
sales. All other seasonal sales shall not exceed four
events per year with a maximum of five days for each
event.
3. Storage of structures or equipment. Temporary stor
age structures -v1thm r"'s1dent1al areas not to exceed 30 days.
4. Mobile homes. A mobile home to be util,zecl as a
temporary dwelling in a res1dertial zone while a single tamily dwelling is under construction on the same
parcel shall be allowed subject to all of the follow,rg provisions.
a The mobile home may only be located and occupied
while actual construction activities are taking place
upon the parcel. Ir no case may the period of place
ment and use exceed 1 2 months.
b The mobile home may only be occupied by the
property owner who is also the builder des,g
nated on the building permit and the owner s
builder s family.
c) City may require surety adequate to ensure the
timely removal and compliance with all cond
tions of approval may be required in compliance
with Section 9 90.050 Performance Guarantees).
d The minimum yards for the zone shall be main
tamed.
e) Add1t1onal cond1t1ons necessary and appropri
ate to ensure compat1b1l1ty with surrounding
development, existing and contemplated. may be
imposed on the approved permit.
5. Temporary real estate sales office and model
home complex. One temporary real estate offict.
may be located In any approved subd1v1s1or, in any
zone 111 the City.
a1 The office shall be used only for the sale of prop
erty located within the subdivision ,n which the
office ,s located.
c The tt.mporary real estate off,ce sha I be removed
at the end of two years following the date of the
recording of the final map of the subject subd,vi
sIon 111 whict, the office Is located.
d If any parcels within the subd1v1s1on have not
been sold at the end of the original two year pe
nod, the Director rnay approve extensions.
E. Permit Required
No temporary use shall be allowed without flfst
obtaining a �emporary Use Permit Ir compliance w,ci,
Chapter 9.80 and with Mu111c1pal Code Chapter 5.04
Business Permits .
6-31
6.20.170 Marijuana/Cannabis Business
A. Purpose
1. The city council finds that federal law proh1b1ts
the possession manufacture, distribution, and
dispensing of cannabis. and in order to serve the
public health safety and welfare of the residents
and businesses within the c,ty the declared
purpose of th,s section 1s to proh1b1t commercial
marijuana activity and uses, both medicinal and
adult use. witl in the city as provided in this sec
t,on.
2 Cal,forn,a Business and Professions Code section
26055 d provides that a State licensing author
ity shall not approve an application for a State
license for a cannabis business 1f approval of the
State l1cerse vvill violate the provisions of any
local ordinance or regulation California Business
and Professions Code section 26200 authorizes
a city to adopt and enforce local ordinances that
completely prohibit the establishment or opera
t,or of one or more cannabis businesses licensed
under the State. w1th1n that c,ty.
3. The city cou,,cil finds that a prohibition on all
commercial marijuana activity and uses, is neces
sary for the preservation and protection of the
public health, safety and welfare for the city and
its community. The oty council s prohibition of
such act,v,ty is 1,v1th1n the authority conferred
upor tht. city counc, by State law and 1s an
exercise of ,ts police powers to enact and enforce
regulations for the publ c health, safety. and wel
fare of the city and its com1,..,un1ty.
B. Prohibited Uses
Commercial cannabis activity and commercial
cannabis uses are expressly prohibited in the oty.
No persori shall engage ,n commercial cannabis
activity in the oty . .,...h,s proh1b1tion shall apply to all activ1t1es and uses for which a State license
1s requm d pursuart to the MALJCRSA. The city
shall not approve ary appl1cat1on for a building
permit. cond1t1onal use perr,1t. variance. or any
other entitlement authorizing the establishment.
operat,or, rY1a1nteriance, development or con
struction of any commercial cannabis use.
6-32
2. A property owner shall not rent. lease or othervVise permit any person to engage in commercial cannabis
act1v1ty on such owner's property.
3. Outdoor cannabis cultivation Is prohibited every
where in the city. No person owning, reriting, leasing. occupying or having charge or possession of any
parcel shall cause or allow such parcel to be used for
cultivating cannabis outdoors.
4. No person including a qualified patient or primary
caregiver, may cultivate cannabis indoors unless such
cult,vat,on 1s conducted in strict compliance with
subsection C below
C. Indoor cannabis cultivation
A maximum of s,x cannabis pla·,ts may be cultivated
in a private residence, or inside an accessory structure located upon the grounds of a private residence
2 Only persons 21 years of age or older ri,ay cultivate cannabis. Any cannabis cult,vat,on n'ust comply with
the requirements set forth in California Health and
Safety Code sections 11 362.1 and 11362.2.
3 Cannabis cult1vat1on is permitted only within fully
enclosed and secure structures.
D. Exemptions.
This Sect1011 does not apply to any of the following:
1. Any activities the city ,s required by State law to
permit w1th1n ,ts jurisdiction pursua11t to Cal,forn,a
Health and Safety Code sectiori 11362.1, California
Business and Profession Code section 26054, or ary
other preemptive statute.
2. Transportation of cannabis and cannabis pmducts
through the City s territory on public roads in compli
ance w1tr, the i'vlAUCRSA by persons holding a state license for such act1v1ty. Th,s exemption does not allow a person to deliver cannabis or cannabis products,
where the delivery either originates or terminates
within the City.
, ri Lse
6.20.170 Marijuana/Cannabis Business
E. Violation, penalty.
1. No prov1s1on of this Section authorizes a criminalpros ecut,on. arrest or penalty inconsistent with or pro
hibited by Health and Safety Code section l 1362.71
et seq. or section 11362. 1, et seq., as the same may
be amended from time to time n the event of any
conflict between the penalties enumerated under
Section 10.50.060 of the Tehachapi Zoning Code and
any penalties set forth in State law. the maximum
penalties allowable under State law shall govern
2. A court of competent Jurisdiction may award rea
sonable attorneys fees and costs to the prevailing
party in any nuisance abatement action brought
to enforce this section ,f at the 1nitiat1on of the
proceeding. the City elects to seek recovery of ,ts
own attorneys' fees."
6.20.180 Community Care Facilities
A. Purpose and Applicability
This Section establishes requirements for Community
Care Facilities cons stent with California Health and Safety Code §� 1502 et seq. and 1 566 3.
B. Community Care Facilities, Small
' Development Standards. Community Care Facilities
Small six or fewer residents ar0 subJect to the same
development standards including setbacks. height.
lot coverage, and other requirements as residential
uses of the same structure type in the same zone
2 Parking. Community Care Facilities. Small shall have
rhe sar1e parking requirenierts as res,dert,al uses
of the same structure type in the same zone. Single
family style fac11it1es shall meet smgle family res1den t1al parking requirements· multi family style facilities shall r1 eet multi family resideN,al park11'g require
ments.
6.20.190 Employee Housing
A. Purpose and Applicability
�his Section establishes requirements for Employee Hous ing consistent with California Health and Safety Code
§§ 1 7021.5, 17021.6 and '702 l .8 ..
B. Employee Housing (Residential)
Employee HoL1sing Res,dent,al serving six or fewer em
ployees 1s subJect to the same development standards
and parking requirements as Single Family Res1clent1al
uses rn the same zone.
C. Community Care Facilities, Large
Community Care Facrl1t1es. Large seven or more
residents shall provide one space per four bedrooms
plus one space per employee on the largest shift. Ad
ditional development standards and cond1tioris r-iay
be established through the Conditional Use Permit
process.
C. Employee Housing (Agricultural)
Employee Housing ,Agricultural) consisting of 36
beds or 12 units or fewer is subject to the same de
velopment standards, and parking requirements as
Agriculture uses 111 the same zone
0. Permit Process
Employee rlous,ng shall be reviewed m1n1sterially
pursuant to Chapter 9.65 Ministerial Housing Ap
proval
6-33
Chcipte 6 20 S1tf' Planning, Development and Ooeyat1rg Sta "'da ds for Certain Land Use
6.20.200 Low-Barrier Navigation Centers
A. Purpose and Applicability
This Section establishes requirements for Low Barrier
Nav1gat1on Centers LBNCs consistent with Govern
ment Code §65660 et seq. LBNCs are permitted as a
ministerial use by right in all zones where mixed uses
are permitted and in nonres1dent1al zones permitting
multifamily uses
B. Development Standards
An BNC shall meet all of the following requirements.
Applicants shall provide documentation verifying
compliance with these reqwrements.Employee Haus
ing Agricultural
Parking. Parking shall accommodate all staff
working in the LBNC.
2. Services Plan. The LBNC shall offer services to
connect people to permanent housing through a
services plan that identifies services staffing.
3 Coordinated Entry System. The· BNC shall be
linked to a coordinated entry system. so that staff
in the facility or staff who co locate in the facil
1ty may conduct assessments and provide ser
vices to connect people to permanent housing.
"Coordinated entry system'' means a centralized or
coordinated assessment system developed pursuant
to 24 C.F.R. §576.400(d or §578.7(a)(8 . as applicable, as those sections read on January 1 2020, and any re
lated requirements, designed to coordinate program
participant intake assessment. and referrals.
4. State Law Compliance. The LBNC shall comply with
all requirements of California Welfare and lnst1tut1ons Code Chapter 6.5 commencing with §8255'.
5 Homeless Management Information System. The
LBNC shall have a system for entering information
regarding client stays. client demographics. client
income. and exit destination through the local Home
less Management Information System as defined in
24 C.F.R. §5 78.3.Homeless Management Information
System
C. Permit Process
LBNCs shall be permitted by right and reviewed m,n
isterially pursuant to Chapter 9 65 v\inisterial Housing Approval).
6.20.210 Residential Care Facilities for the Elderly
A. Purpose and Applicability
-h,s Section establishes requirements for Residential
Care Facilities for the Elderly consistent with Califor nia Health and Safety Code§§ 1 569.2 and 1569.8
B. Residential Care Facility for the Elderly, Small
1. Development Standards. Residential Care Facili
ties for the Elderly. Small six or fewer residents,
are subJect to the same development standards
including setbacks, height. lot coverage and
other requirements as residential uses of the
same structure type 1n the same zone.
6-34
2. Parking. Residential Care .:ac1l1ties for the Elderly Small shall have the same parking requirements as
residential uses of the same structure typ� 1n the
same zone. Single family style facilities shall rnPet
single family residential parking requirements. multi
family style facilities shall meet multi family residen tial parking requirements.
C. Residential Care Facility for the Elderly, Large
Residential Care Facilities for the Elderly .... arge seven or more residents shall provide one space per four bed
rooms plus one space per employee on the largest shift.
Additional development standards and conditions may
be established through the Co, ditioral Use Permit pro
cess.
6.20.220 Supportive Housing
A. Purpose and Applicability
This Section establishes requirements for Supportive
Housing consistent ,v1th California Health and Safety
Code §506752 hJ and Government Code §§65583 c 3l
ard 65651. Supportive Housing is subject to the same
restrictions that apply to other residential dwellings of the same type in the same zone
B. Development Standards
Supportive Housing 1s subject to the same development
standards ,including setbacks, height. lot coverage and other requirements and parking requirements as res,
dential uses of the same structure type in the same zone.
Single family style supportive housing shall meet single family residential standards multi-family style supportive housing shall meet multi fariily residential standards.
6.20.230 Transitional Housing
A. Purpose and Applicability
This Section establishes requirements for Transitional
Housing consistent with Government Code §65583 c 3 .
Transitional Housing 1s subject to the same restrictions that apply to other residential dwellings of the salT'e type 1n the same zone
B. Development Standards
-rans1t1or.al Housing 1s subject to the same development standards including setbacks. height. lot coverage, and other requirements, and parking requirements as res,
dential uses of the sarie structure type 1ri the sari1e zone.
Single family style supportive housing shall meet single family residential standards. multi family style supportive housing shall meet multi family residential standards.
C. Permit Process
Supportive Housing shall be reviewed ministerially
pursuant to Chapter 9.65 )v1intsterial Housing Ap
proval
C. Permit Process
Trans1t1onal Housing shall be reviewed P11nisterrally
pursuant to Chapter 9.65 Ministerial Housing Ap
provaD.
6-35
Article 7 Signs
Chapter 7.10 General Sign Regulations
/. o.Olu JJurpose and 111tc:,,t
7.10 020 Apolicab,lity
/.10.030 Per11it Requirements Pcr11anent Signs
7.10.040 Per'11it Requirements -Te'11pora,.y Banner Signs
7.10 045 Master S gn Plans
7 10.0�0 Gerieral Standards
7 1 0.060 Prohibited Signs
7 • O 070 Cor1putat1ori of S,gn Area a11d He ght
I , 0.080 1\onconform1ng Signe;
7. 0. 9C _n'orcemel"�
I 10.10 Se✓ r.JO ty
Chapter 7.20 Downtown Signs
"' L . f-'Lrpose and f.JiJ cab I ty
� 2" 2" Pprmanert Bu Id ng IV10..1nted S gn Standa,.ds
' 2 3 r '1anen+- � c) 1nd·rig 5 gr. S
+- inda d
'20 4 r npor.:iry 5 gn Standards
Chapter 7.30 Signs Outside of Downtown
1.1u r'u fJV'>e arid Apo cao ty
30.020 Pe r,anent 8 1 d111g :vioun .. ed S gn Standa de;
7.30.030 Pnr'11anent i:,eestand ng S gn-i Sta'1dards
7 30 40 T:: po a y S g'1 Starida'd�
7-3
7 - ')
7 5
7 6
7 7
7 8
7 -1 0
7 1 2
7 1 3
I- 5
7 1 '.>
- 6
7 -1 7
, 9
I -1 9
-. 2 1
22 7-2 5
27 -2 7
7 28
I 2 9
7-1
7-2
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j l
Chapter 7.10 General Sign Regulations
Chapter 7 .10 General Sign Regulations
Sections:
7.10.010
7.10.020
7.10.030
7.10.040
7.10.045
7.10.050
7.10.060
7.10.070
7.10.080
7.10.090
7 10.100
Purpose and Intent
Applicability
Permit Requirements - Permanent Signs
Permit Requirements - Temporary Banner
Signs
Master Sign Plans
General Standards
Prohibited Signs
Computation of Sign Area and Height
Nonconforming Signs
Enforcement
Severability
7-3
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7-4 ' .
Chapter 7.10 General Sign Regulations
7.10.010 Purpose and Intent
A. This Chapter has been adopted to ensure that all
signs installed in the City are compatible with the
unique character and environment of the community,
and in compliance with the General Plan. This Chap
ter prol'11otes the public health. safety, and welfare
through a comprehensive system of reasonable, ef
fective consistel'1t. content neutral and nond1scrim1
natory sign standards and requirements.
B. More specifically, this Chapter 1s intended to:
1. Ensure that all signs are compatible with the unique character and environment of the City, and that they
support the desired ambience and development pat
terns of the various zones within the City·
2. Balance public and private obiect1ves by allowing
adequate avenues for both commercial and non
commercial messages·
7.10.020 Applicability
A. This Chapter applies to all signs within the downtown area and outside of the dO\\/ntown area regardless of
their nature or location. unless otherwise specifically exempted ir Subsection 7.10.020.D Exemptions
Standards for permanent signs within the downtown
area are located 1n Section 7.20.020 Permanent Build
ing Mounted Sign Standards and Section 7.20.030
"ermanent ;::reestand1ng Sign Standards .
2 Standards for temporary s1g0s within the downtown
area are located in Section 7.20.040 (Temporary Sign
Standards).
3. Standards for permanent signs outside of the dowr
town area are located 1n Section 7.30.020 Perma
nent Building Mounted Sign Standards and Section
7.30.030 Permanent Freestanding Sign Standards,
4 Standards for temporary signs outside of the down
town area are located in Section 7.30.040 'Temporary
Sign Standards
5. The provisio1's of this Chapter shall be applied 111 a content neutral manner. Noncommun1cative aspects
of all signs. not related to the content of the sign
must comply with the prov1s1ons of this Chapter.
'Non communicative aspects" include the time, place
manner, location, size height. illum1nation, spacing,
and orientation of signs.
3. Ensure pedestrian and traffic safety by promoting
the free flow of traffic and the protection of pe
destrians and motorists from injury and property
damage caused by or which r,ay be fully or par
t1ally attributable to, cluttered, distracting and or
illegible signage:
4. Prevent property damage, personal injury. and
litter caused by signs that are improperly con
structed or maintained·
5. Protect property values. the local economy, and
quality of life by preserving and enhancing the
appearance of the streetscape; and
6. Provide consistent sign design standards that en
able the fair and consistent enforcement of these
sign regulations
B. Nothing 111 this Chapter shall be construed to pro
hib1t a person from holding a sign while picketing
or protesting on public property that has been
determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from build
ings, create a safety hazard by impeding travel
on sidewalks in bike or vehicle lanes. or on trails.
or violate any other reasonable time, place, and
manner restrictions adopted by the City.
C. Substitutions and Interpretations.
1. This Chapter 1s not intended to, and does not,
restrict speech on the basis of its content. view
point. or message. No part of this Chapter shall
be construed to favor commercial speech over
non commercial speech. A non commercial mes
sage may be substituted for any commercial or
non commercial message displayed on a sign,
or the content of any non commercial message
displayed on a sign may be changed to a differ
ent noncommercial message. without the need
for al'1y approval or permit, provided that the size
of the sign is not altered. and the sign otherwise
complies .v1th the provisions of this Chapter . .,.o
the extent any provision of this Chapter 1s ar,big
uous, the term viii be interpreted not to regulate
on the basis of the content of the message.
7-5
Chapter 7.10 General Sign Regulations
2. When there is any question regarding the in
terpretat,on of a provIsIon of th·s Chapter. or its
application to any specific case or situation, the
Director shall interpret the intent of this Chapter.
D. Exemptions.
The following existing signs contribute to the
character and history of the downtown area and
are, therefore. exempt from this Chapter:
a. Hitching Post Theaters.
b. Kelcy s,
c. Bee Kay Theater
d. Santa Fe Motel; and
e Burger Spot.
2. The following signs. except as provided else
where in this title are exempt from the provisions
of this Chapter:
a. Any sign, posting, notice or similar signs
placed, installed or required by law by a city
county, or a federal or state governmental
agency in carrying out its respo11sibility to
protect the public health, safety, and welfare,
including the following:
1. I\Jurnerals and letters 1clent1fying an ad
dress from the street to facilitate emer
gency response and compliant with City
requirements;
11 Emergency and warning signs necessary
to warn of dangerous and hazardous con•
d1t1ons and that serve to a,d public safety
or civil defense;
iii. Traffic signs erected and maintained by an
authorized public agency,
iv. Signs required to be displayed by any appli
cable federal state. or local law, regulation, or
ordinarce·
b. Signs directing the public to points of i11terest;
and
c. Signs showing the location of public facil1t1es.
d. Historic plaques, commer,orat,ve signs, ,.,.,emorial tablets, and date constructed stones not exceed
1119 four square feet in area:
e. lnodental signs not to exceed an aggregate of
three square feet in sign area in all single family
residential zones and four square feet 111 all other
zones.
f. Signs not readable from the public right of way,
including:
i. Signs or displays located entirely 111s1de of a
building, within a courtyard, open dir pedes
trian space, or similar open area and not visible
from the building·s exterior·
ii Signs intended to be readable fror1 within a
parking area or City park but not readable be
yond the boundaries of tht lot or parcel upon
which they are located or from any public
right of way and
iii. iii. Signs located within City Recreat,or Fac,li
ties.
7.10.030 Permit Requirements - Permanent Signs
A. This Section establishes the procedures for the
submittal, review and approval of permanent
signs.
B. Application Requirements within the Downtown Area.
Filing Requirements. All sIg11 plal's shall be
submitted to the City for review and approval
by the 8irector 111 compliance with Chaptu 9 O
,Appl1cat1on Processing Procedures except as
otherwise provided.
7-6
2 Required Findings:
a. All signs shall be approved in accordance with
standards of this Chapter before installat·on.
b. All signs shall a,so be subject to the requiremer,ts of the uniform building code
c. \Jo signs shall be placed w1th1n road 1ghts of way
without City approval.
3. Required Data. All sign applications shall include a scale draw,rg and be prepared in such a manner as to
,Kcurately reflect tl1e final product.
Chapter 7.10 General Sign Regulations
4. A fee for application and issuance of a sign permit
for permanent signs may be charged by the City and
payable at the time of submittal of the application.
C. Application Requirements Outside of the Downtown Area.
1. Filing Requirements. All sign plans shall be submit
ted to the Commission for review and approval in
compliance with Chapter 9.1 0 Application Process
1119 Procedures . S,gns consistent with an existing
Master Sign Plan shall be reviewed and approved by
the Director.
2. Required Findings:
a. All signs shall be approved in accordance with the
standards of this Chapter before installation.
b. All signs shall also be subJect to the requirements
of the uniform building code.
7.10.040 Permit Requirements
A. Purpose.
This Section establishes the permitting requirements for ter,porary banner signs to ensure compliance with the
applicable prov1s1ons of this Code
8. Sign Permit Requirement.
t 1s unlawful for any person to erect. place, display
alter, or relocate a temporary banner sign without first obtaining approval for a temporary use permit from the
Director. The temporary use permit may include such
terms and cond1t1ons deemed appropriate or necessary
by staff including a limitation on the size and the location of the display r-..Jo permit is required for any other allowed temporary sign type.
C. Duration of Sign Permit.
The temporary use permit will be valid for up to 30
consecut ve days beginning with the date of issuance.
2. A temporary use permit issued to a sponsor or co
sponsor for the purpose of promoting a community
celebration or to promote events with broad commu
nity appeal, may al lo• for the display of te!T'porary
signs for periods longer than those described in this
Section, as determined by tt,e Director.
3. Required Data. All sign appl1cat,ons shall include
a scale drawing and be prepared in such a man
ner as to accurately reflect the final product.
4. Responsibility. It is the respons1bil1ty of the ap
plicant to attend the Commission hearing
D. Conditional Use Permits.
Signs for uses approved 1n con Junction with a
Conditional Use Permit shall comply with the
conditions of approval for the Conditional Use Permit.
Temporary Banner Signs
D. Review and Approval.
1. Review. The Director shall review the temporary
use permit application and supporting docu
mentation for compliance with the standards of
Sections :'.20.040 and 730.040 (Temporary Sign
Standardsl.
2 Determination. The Director shall determine
vhether the temporary use permit may be issued
or if additional information is required from the
applicant to complete the permit application. If
the temporary use permit application 1s denied,
the reason shall be stated in writing.
3. Authorization. Issuance of a temporary use
permit authorizes the holder to install a tempo·
rary banner in compliance with the terms of the
permit. At any time after a temporary use permit
is issued. a new owner, tenant, or lessee of record
may be substituted for the original applicant 1f a
record of the new interest is made with the City
and the ,,ew interest assumes all obligations he
or she would have had in compliance with the
original permit The change of 1rterest shall not
imply that any fees paid for the perrn1t will be
returned to either the interest which has been
replaced or the substitute.
7-7
Chapter 7.10 General Sign Regulations
E. A temporary use permit for a banner shall not be
required for displays of up to fourteen consecu
tive days coinciding with City recognized Hol,
days.
' President's Day;
2. Mother's Day;
3. Fourth of July· and
4. The Christmas Holiday Period defined as the day
after Thanksgiving through January 3
7.10.045 Master Sign Plans
A. Purpose
�h,s Section establishes requirements for Master Sign
Plans to ensure coordmated, comprehensive sign
programs for multi tenant developments and other
projects requiring special consideration. Master Sign
Plans promote visual consistency. ensure compliance
with sign regulations. and provide clear guidelines for property owners and tenants.
B. Applicability
A 'v1aster Sign Plan shall be prepared and submitted
to the City for the following:
1. Non residential projects with four or more ten
ants
2. l\,lajor rehabilitation or repair of existing non res1- dent1al projects with four or more tenants: or
3. 1'v\ixed use projects with two or more non resi
dent1al tenants.
C. Written Description
Each IV1aster Sign Plan shall include site plans
buildil"g elevations. and sign spec1ficat1ons on a
form provided by the Department. At minimum,
the Master Sign Plan shall contain the fol,owing
information:
7-8
F. Inspections.
All banner signs for which a temporary use permit
is required are subject to inspection to establish
compliance with the prov1s1ons of Sections 7 20.040
and 7.30.040 Temporary Sign Standards and any other
applicable City codes.
G. Violations.
Any banner sign installed or displayed without a
temporary use permit is in violation of this Chapter and ,s grounds for the Director to issue a correction notice and or to cause removal of the banner sign until an
appropriate permit is obtained.
1. Application Regulations. The project shall be ident, f1ed as located 1n Dov1into'·' nor Outside Downtown as
defined 111 Section 7.20.010 ,Purpose and Applicabil
1tyl. Projects withm the Downtown area shall comply
with Chapter 7.20 Downtown Signs Projects outside
the Do" nto1vn ar(a shall corr ply with Chapter 7.30
Signs Outside Downtown,.
2 Sign Types and Standards
a. The 'Aaster Sign Plan shall 1dent1fy permitted sign
types and applicablEc development standards
pursuant to Chapter 7.20 Downtown Signs or
Chapter 7 30 Signs Outside Downtowr as ap
plicable, and computation methods pursuant to
Section 7. 10.070 Cornputat,or of S,g,, Area a1 d
Height
b. The !\,\aster Sigr Plan shall identify prohibited
signs as specified 111 Section 7. 10.060 Prohibited
Signs .
3 Renderings. Renderings showmg each proposed
sign design 1n its intended location on the building or property.
d Illumination. i=or ail illuminated signs the 'vla�ter Sign Plan shall specify the type and source of illumi
ncJt1or and demonstrate compliance witr Section
4 40.090 Lighting and Section 7.10.050 C Sign
llum11'at10,,
Chapter 7.10 General Sign Regulations
7.10.045 Master Sign Plans
5 Responsibility. The Master Sign Plan shall identify
the party or parties responsible for ongoing com
pliance with this Master Sign Plan including sign
maintenance repair removal, and coordination of
1nd1v1dual tenant sign applications
D. Review and Approval
1. Review Authority. All Master Sign Plans shall be
reviewed and approved by the Planning Commission
in compliance with Chapter 9.1 0 (Application Process
1119 Procedures .
2 Required Findings. For a Master Sign Plan to be
approved, the Planning Comm1ss1on must find as fol
lows:
a. The Master Sign Plan complies with the require
ments and standards of this Chapter;
b. The Master Sign Plan accommodates future
sign mod1ficat'ons that may be required due to
changes in tenants or uses·
c. The Master Sign Plan will not be materially det
rimental to the i--ealth, safety and Nelfare of the
public or to property and residents in the vicinity;
and
d. The Master Sign Plan Is consistent with the Gen
eral Plan.
E. Revisions to Approved Master Sign Plans
Major Revisions. The following revisions to an ap
proved \!\aster Sign Plan require Planning Cornm1s
sion review and approval.
a. Changes to the total number of signs;
b. Changes to the total sign area
c. Addition or removal of sign types,
d. Changes to lighting design or illumination meth
ods, or
e (ranges that would require new findings under
Subsection D.2.
2. Minor Revisions. The following revisions may be
approved by the Director without Planning Com
mIssIon review:
a. Sign copy or color changes that do not alter
the overall design intent;
b. Subst1tut1on of one approved sign type for
another within the same sign area and loca
ti one. Minor adJustments to sign locations that
maintain compliance with applicable devel
opment standards; and
d. Changes to materials or finishes that maintain
the overall design character.
F. Appeals
Decisions on Master Sign Plans may be appealed in
accordance with Chapter 10.20 Appeals'.
7-9
Chapter 7.10 General Sign Regulations
7.10.050 General Standards
A. Location Restrictions.
Signs within the downtown area and outside of
downtown must not be placed in the following
locations. except wherP specifically authorized in this Chapter·
1. Off premise signs;
2 Signs displayed on utility poles street signs, or
within the public right of way Sandwich boards
refer to Sections 7.20.040 and 730.040, Tern
porary Signs Standards) may be placed in the
public right of way·
3 Signs projecting from buildings into the public
right of way;
4. Any location that obstructs the view of any au
thorized traffic sign, signal, or other traffic control device or which b� reason of shape color, or posi
tion interferes with or could be confused with
ary authorized traffic signal or device·
5 Any sign which is placed in a manner that would
prevent or inhibit free ingress to or egress frori
any door, window vent, or any exit way required
by the building code. or by Fire Department
regulations:
6. Mounted attached, or painted on a trailer boat,
or motor vehicle when driver.. parked stored,
or displayed corspicuously on public or private
prer1Ises in a manner intended to attract atten
tion of the public for the purpose of advertising
or identifying the business premises. This prov,
sIon excludes signs ind1cat1ng the name of the
owner or business that are permanently painted
or wrapped on the surface of the vehicle. adhe
sIve vinyl film affixed to the interior or exterior
surface of a vehicle window, or signs magneti
cally attached to motor vehicles or rolling stock
that are actively used in the daily conduct of the
business. Vehicles must be operable and parked
In a lawful or authorized manner.
7. Painted, attacl,ed, or mounted on fuel tanks
storage containers and or solid waste receptacles
or their enclosures, except for a manufacturer s
or 111staller's identification appropriate warning
signs and placards, or information required by
law;
7-10
8. Areas where a sign would cover the architectural fea tures of a building such as dormers, ins1gn1as pilas
ters, soffits, transoms. trims or another architectural feature;
9 Canister signs affixed to the faSCta of a structure·
10 Tacked. painted, pasted, or otherwise affixed, to the walls of any budding, barn or shed accessory struc
ture, or on trees, poles, posts, fences, ladders, or other structures that are visible frorr a public way· and
11 Within the site visibility triangle (Refer to Section
4.20.030.1 ,Measurement ofVis1b1l1ty Area that must
be observed at all street intersections and the inter
sections of dedicated alleys or dn veways w•th streets.
B. Display Restrictions.
Th s Subsection reguIates the manner In wt->,cr signs
convey their messages by spec1fy1ng prohibited display
features that create distractions to the traveling public and visual clutter that mars the natural and architectural aesthetics of the City Signs within and outs,de of tre
downtown area with the following display features are
prohibited:
Lights on the signs that produce glare on public artcas or surrounding buildings or do not tllur.11nate the
lettering:
2. Signs with flashing, moving, or arnmated tllum1nanon; 3 nflatable signs, balloon bobbers. or signs on 1nflat
able advertising devices when tre device Is attached
or )ecured to the ground, building, or a structure
4. Any sign which emits sound odor smoke, laser or
hologram lights or other visible matter, including any
sign that uses motIori picture pro1ectIon.
5. Any sIgr ar1mated by any means, including fixed
aerial displays. balloons. pennants spinners, 1nclud
ing strings of flags. streamers, tubes or other devices affected by the movement of the air or other atmos
pheric or r.1ecl">anical r.1ea11s
6. nternally 1llumi11ated canister signs·
7. Pennants except when displayed during a grand
ope0Ing or special community event through a ten'
porary use permit In the manner described in Section
7. 10.040 of this Criapter ·
Chapter 7.10 General Sign Regulations
7.10.050 General Standards
8. Banners displayed on poles:
9. Searchlights.
C. Sign Illumination.
1. The illumination provided on all signs illuminated
with internal or external light sources must be ac
companied by a photometric analysis in compliance
with the provisions of Section 4.40.090 Lighting) to
confirm cor,pila•�ce with these regulations. As de
termined by the Director. illuminated signs must be
constructed to allow for variable dimming to comply
with Section 7.10.050.B (Display Restrictions) and
shall be placed on the property in a manner to avoid
glare onto adjacent properties or public right of way.
2. Internal Illumination. nternally illuminated signs
include single or two color LED signs. signs con
structed with pan channel letters. or indirect halo
illuminated channel letters on an unlit or otherwise
indistinguishable background on a freestanding sign
or building wall.
3. External Illumination.
a. Externally 1llum1nated signs shall be illuminated
only with steady. stationary, fully shielded light
Figure 7.10.0S0.C-1: External Illumination
Sign
face
Permitted
sources directed solely onto the sign without
causing glare.
b The light source for externally 1llum1nated
signs shall be arranged and shielded to sub
stantially confine all direct light rays to the
sign face and away from streets and adjacent
properties as illustrated in Figure 7 10 050.C
1. 4 Neon.
a. Exposed neon sign lighting on permanent
signs is only allowed in non res1dent1al zones.
b. Neon signs placed in a window are included
within the total sign area l1m1tat1011s for all
window signs Refer to Section 7.20.020 G.7
and 7.30.020.A.2\.
5 Single-Color or Two-Color LED Signs.
a. Single color or t· ivo color LED signs are
included within the sign area l1mitat1ons for
wal signs and ,,virdow signs established 1n
Section 7 20.020.G.7 and 7.30.020.A.2.
b. Any individual single color or two color LED
sign must not exceed four square feet in area.
c. Single color or two color LED signs are only
allowed tn non resident al zones.
d. Single color or two color .. ED signs must be
turned off daily at the close of business or
10:00 pm. whichever occurs last
6 Changeable Sign Copy.
a. The maximum area of changeable sign
copy 1s limited to wall signs and monument
signs as established 111 Section 7 20 020.G.
7.20.030.B. 7.30.020.A, and 7.30.030Th1s does
not apply to any signs required by law.
b. The changeable sign copy shall be an integral
part of a permanent building-mounted or
freestandirg sign
c. Changeable sig1' copy may be non illuriinat
ed or internally illuminated.
-, 1 1 I -
Chapter 7.1 O General Sign Regulations
7.10.050 General Standards
D. Sign Maintenance.
,t shall be unrawful for any owner of record
lessor, lessee, manager, agent. or other person
having lawful possession or control over a build
,ng, structure, or parcel of land to fail to maintain
the property and all signs n compliance with the
Zoning Code. Failure to ma111ta1n a sign con
stitutes a violation of this Chapter and shall be
subject to enforcement action in co1"1pliance with
the provisions of Section 7.10.090 Enforcement .
2 Maintenance. All signs shall be of sufficient
durability to prevent rapid deterioration Al' signs,
whether or not in existence prior to adoption of
tr1s Chapter, shall be rTia 1tained. Ma ntenance
of a sign shall include periodic cleaning, replace
rr'ert of flickering, bu ned out or broken light
bulbs or fixtures, repair or replacement of any
faded peeled, cracked, or otherwise damaged
or broken parts of a sign and any other activity
necessary to restore the s,gn so that 1t cont riues
to comply with the requirements and contents of
the sign permit issued for its installation and tht.
prov1s1ons of this Article
3 Removal of Unused Sign Support Structures.
Any vacant and or unus, d sign support struc
tu res, angle irons, sign poles, or other ref'l"nants
of old signs which ,ire not currently in use or
proposed for imr. ed1ate r L se - derced by a
sign permit application for a per,rntted sign, shall
be removed.
7.10.060 Prohibited Signs
A. A. The following signs are proh1b1ted .n al, zones.
1. Feather signs
2. On and off site sign walkers,
3. Off premises signs, unles, specifically pern'1tted·
4. Pole signs·
7-12
4. Obsolete Signs. Sign structur s permitted as on
premises business signs may rernain in place after the
business vac,1tes the premises, provided the sign 1s
left non 1llum1nated and sign copy is removed within
30 days after the business vacates the preniises. f
an on site use for the sign is not commenced within
six months of the termination of the previous on
site use, the sign structure shall be removed by the
property owner. If such signs are not removed the
City may remove them at the expense of the property
owner.
5 Removal of Unsafe Sign Structures . ., addition to
the remedies provided 1n Sect on 7.10.090 Enforce
ment , the Director shall have the authority to order
the repair, maintenance, or removal of any s1g,, O'
sign structure that has become dilapidated or rep
resents a haLard to safety, health or public welfare.
If such a condition is determined by the Director to
exist, the Director shall give notice by certif;ed l"'1a1I to the sign owner at the address showP on the sign
permit, unless more recent information is available.
If compliance has not been achieved within 14 days
from service of notice, the Director 1"'1dy cause the
sign to be removed or repaired and the cost of such
removal or repair will be charged to the s1gr owner
and or the property owner.
5 Any sign displaying ar obscene, indecent, 01 1rnrnoral matter;
6. Billboards advertising to a roadway other tha,' a
State owned and maintained roadway· and
7. Electror1c message signs
Chapter 7.10 General Sign Regul-1tions
7 .10.070 Computation of Sign Area and Height
A. Monument Sign Area.
The following methods will be used to compute the area
of sign copy
1. The area of a monument sign is to be computed
by multiplying the total height by the total length
of the sign or signs for one sided signs. excluding
framework of separate single wood post or masonry
column and single wood or masonry beam The base
of a monument sign shall not be considered part of
the sign when constructed of decorative wood or
masonry (see Figure 7 .10.070 A I
2. Where a two sided monument sign contains ident1
cal copy on each side. the area of the sign shall be
computed by multiplying the total height by the total
length of only one side see Figure 7.10.070.A 1 J.
3. The area of a freestanding sign which has three or
more faces shall be computed by adding the areas of
each face of the sign.
4. The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for deterrriining total surface of an object.
Figure 7 .10.070.A-1: Calculation of Monument
Sign Area
w
... ----
---------
Su,gle Sided Sig,,. Arca - e.w
--,
I
I
! H
I
'
I
i
'
Doable Sipc<l Sip Arca - H • W • (1)
B. Spherical, Free-Form, or Sculptural Signs.
The sign area 1s measured by encasing the longest
portion of the sign with four dimensionally equal
lines. and the shortest portion of the sign with at
least two dimensionally equal lines to form a cuboid.
The sign area is 50 percent of the sum of the areas
between the longest four dimensionally equal
lines encompassing the cuboid as shown in Figure
7.10.070.B 1.
Figure 7 .10.070.B-1: Spherical, Free-form, or
Sculptural Signs
Fa-cc 8 · ;.ic.c C
:--��- ::::"
. . .
.
. . ...
s· . ., rel)-
tA -t- 8 - C: -t )J • l
C. Building-Mounted Sign Area.
1. No Distinguishable Background. Sign copy
..vh1ch 1s applied on the building in such a manner
that no background 1s distinguishable from the
overall architectural motif of the building shall be
counted at seventy five percent of the area within
straight lines enclosing the copy. All other signs
shall be computed at one hundred percent see
Figure 7 10.070.C 1
7-13
Chapter 7.1 o General Sign Regulations
2 Wall and Hanging Signs. Where the sign copy
is mounted, affixed, or painted on a background
panel on a wall or hanging sign or distinctively
painted textured, or constructed surface the
sign area is measured as the sum of the small
est rectangle s that will enclose both the sign
copy and the background, as shown in Figure
7.10.070.C I.
Figure 7.10.070.C-1: Calculation of Wall Sign
Area
All!il= AIi x(0_7>)
All!il=CsD
All!il= ExPx (2)
3 Sign Height Measurement.
F
a. Freestonamg Signs. Sign height for free
standing signs is measured as the vertical
distance from the fn1shed grade to the top
of the sign.
Figure 7.10.070.C-2: Freestanding Sign Height
7-14
• Sign h�1gh1
measured from
hn,shed grade
ro top or s,gn
b. Higher Than Ad1acent Grade. Where the grade at
the base of a sign 1s higher than the grade of the
adjacent road right of way sign height is meas
ured from the base of the sign as shown in Figure
7 10 070.C 3.
Figure 7.10.070.C-3: Freestanding Sign Height, Higher
than Adjacent Grade
u
�ghr
c. Lower Than Adjacent Grade. Where the grade at the
base of a sign 1s lower than the grade of an adJa
cent road right of way, the height of the sign is
r,easured from tre top of curb elevat1ori, as shown
111 Figure 7.10.070.C 4 ,the portion of the sign be
low the grade at the edge of the right of way shall
not be included in determining the signs overall
height.
Figure 7.10.070.C-4: Freestanding Sign Height, Lower
than Adjacent Grade
I le-lghr
d. Wall Signs. The height of building mounted s1gris is the vertical distance measured from the base of the wall
on which the sign ·s located to the top of the sign or
sign structure as shown in Figure 7 10.070 C 5
Figure 7.10.070.C-5: Wall Sign Height
Chapter 7.10 General Sign Regulations
7.10.080 Nonconforming Signs
A. Continuation of Nonconforming Signs.
Any sign lawfully existing that does not conform to the requirements of this Article may continue to be used and maintained as provided in this Section. Nonconforming
sign rights continue regardless of changes in property
ownership or tenancy provided that any alterations to
the sign comply with Subsection B.
B. Permitted Alterations and Maintenance
The following alterations and maintenance act1vit1es
may be performed on nonconforming signs without
triggering removal or compliance requirements:
1. Repainting and Refinishing. Repainting, refinish
,ng and re lettering that maintains the existing sign
structure, size, shape, and general appearance.
2. Routine Maintenance. Replacement of deteriorated
or damaged components vith materials of similar
type and quality except when circumstances requ,r
1ng removal or compliance in accordance with Sub
section C are present, including
a. Replacement of sign faces or panels;
b. Replacement of lighting elements or bulbs,
c. Repair or replacement of mounting hardware or
brackets
d. Cleaning and minor repairs to maintain structural
integrity and
e. Otrer repairs necessary to Y1a1nta1n the sign ,r
good condition and safe working order.
7 .10.090 Enforcement
A. Violations
t shall be urlawful for any person to erect construct,
enlarge. alter, repair, display maintain or use a s,gn
N1th1r tre City 1n violation of tl,1s Article
C. Required Removal or Compliance
A nonconforlT'ing sign shall be removed or brought
into full compliance with this Article under any of the following circumstances:
1. Structural Alterations. Structural alterations
or repairs that cumulatively affect 50 percent or
more of the sign structure within any 12 month
period.
2 Damage or Destruction. The sign 1s damaged
or destroyed to the extent of 50 percent or more
of the sign structure, whether by natural disaster,
accident, vandalism, or other cause.
3. Abandonment. The activity product, business.
service, or other use which 1s being advertised
or 1dent1fied has ceased the premises has been
vacated, or the sign is no longer displayed on the
sign structure for six consecutive months.
4. Safety Hazards. The sign poses an immediate
threat to public real th or safety as determined by
the Director or Building Official.
D. Multi-Owner Properties
For nonconforming signs serving n'ulti owner
properties, changes to sign copy or tenant
1dent·fication may be authorized as follows provided
such changes comply with this Article·
1. Owners holding more than 50 percent ownership
interest in the property· or
2. Unanimous consent of all property owners where
no owner holds more tran 50 percert rterest.
B. Enforcement and Penalties
Violations of this Article shall be enforced ,n
accordance with Chapter 10.50 Enforcement and
subJect to penalties established in Crapter 10.60
Penalties .
7- 1 5
Chapter 7.10 Generi=ll Sign Regulations
7.10.100 Severability
A. Severability.
If any Section, sentence clause phrase word,
portion or provision of the Chapter 1s held invalid
or unconstitutional by any court of competent
Jurisdiction, such decision 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 provision.
The invalidation of the application of any Section
sentence clause phrase word portion, or prov1s1on
of this Chapter to a particular property or structure
or any particular properties or structures. by any
court of competent jurisdiction srall not affect the
application of such Section, sentence, clause phrase.
word, portion or provision to any other property or
structure not specifcally included in said 1nvalidat101' 7-16
Chapter 7.20 Downtown Signs
Chapter 7 .20 Downtown Signs
Sections:
,.2u.010 Purpose and Applicability
7.20.020 Permanent Building-Mounted Sign Standards
7.20.030 Permanent Freestanding Sign Standards
7.20.040 Temporary Sign Standards
7-17
l t
This page intentionally left blank
' I
Chapter 7.20 Downtovvn Signs
7.20.010 Purpose and Applicability
A. The purpose of this Section 1s to promote the orderly and attractive construction, placement, and display of
signs 1n the downtown area consistent and ,n con
formance with developrnent for downtown described
in the Downtown Master Plan.
B. This Section establishes the standards for permanent and temporary signs within the downtown area. As
used in this Chapter, the term 'downtown area"
shall mean the area bounded on the west by
Mill Street on the east by Snyder Avenue, on the
north by H Street, and 01 the south by C Street.
C. A sign type not specifically included 1n this Sec
tion may be allowed by the Director provided the
sign meets the intent of the zone in which it 1s
proposed
7.20.020 Permanent Building-Mounted Sign Standards
A. Maximum Signage.
The total sign area on any building which has one or
more of the signs described 111 Sections 7.20.020.C
Awning or Canopy Signs) 7.20.020.D Hanging Signs
720.020.E (Projecting Signs,. 7 20. 020.F Roof Mounted
Signs , and 7.20.020 G Wall Mounted Signs shall not
exceed two square feet of total sign area for each lineal foot of the building face.
B. General Design Standards.
Signs within the downtown area shall comply with the
following general design stardards. The Director may
approve any permanent sign 111 the downtown area
based on the application of these standards or may defer making a dec1s1on and instead refer the application to the Planning Commission for review and final decision.
1 Signs on Historical Buildings. Historically significant build1rgs srall use s1grs trat are typical to the era of the buildirgs
2. Font Style and Readability. Simple, easy to read
fonts rnust be utilized in signs to enhance their read
ability. Sig rs that include very intricate font styles are generally difficult to read and reduce a sign s ability to commurncate effectively Signs with peculiar fonts
may look good today but soar go out of style and
the image conveyed may quickly become that of a
dated and unfashionable business.
3. Sign Colors and Materials. Sign colors and materials must co, tribute to sign legibility and design 111teg
rity. s,grs witr poor color selection are generally
unattractive and unsuccessful at communicating the
message. Too many different colors compete with the
sign·s content for a viewer's attention and makes the
sign less effective. S1gr materials must be durable
and weather resistant.
4. Provide Contrast Between Background and
Letters/Symbols. Signs must be designed with
high contrast between the sign s letter symbol
color and ,ts background color to be most effec
tive Signs v1th little contrast in the hue ,shade
or tint1 and or intensity brightness between the
background and letter symbol colors are difficult
to read.
5. Sign Scale. Signs must be designed and placed
relative to who the intended viewer will be. Signs
intended to be read by pedestrians 1.e. usu
ally read from a distance of 15 to 20 feet must
be smaller 111 scale than a vehicle oriented sign
which 1s designed to be viewed from a much
greater distance. In general. the closer the sign s
viewing distance, the smaller the sign needs to
be.
6. Proportion, Scale and Rhythm of Sign Placement. Signs must be placed corsistent ,v1th the proportions and scale of building elements within
a building s facade:
a. A large sign may fit well on a large, plain wall
area but could overpower the finer scale and
proportion of 1f placed above a small store
front.
b. Signs must establish rhythm, scale, and
proportion on a facade where these elements
are weak r, the build 119 des1g1' On buildings
with plain facade. signs must establish or con
t,nue appropriate design rhythm, proportion,
and scale.
7-19
Chapter 7.20 Downtown Signs
c. The proportion of letter area to sign back
ground area must be carefully considered.
Signs where the letters take up too much of
the background area are harder to read. Gen
erally large letters arc not necessarily more
legible than smaller ones.
7 Historical Character. Signs shall respect the
historical character ofTehachapi and shall be, or
have the appearance of being. multi dimensional
and constructed from carved or sandblasted
wood, or a similar product.
C. Awning or Canopy Signs.
Signs on entry awnings or canopies above busi
ness entries are allowed.
2. Signs on awnings or canopies shall be a maximum of 60 percent of the v1dth of the awning.
D. Hanging Signs.
Hanging signs shall comply with the following
standards:
1. Hanging signs are generally hung off the roof
overhang, arcade, trellis or porch. The signs are
usually parallel or perpendicular with the build
1119.
2. Hanging signs shall not exceed twelve inches
below the beam it is connected to and shall
maintairi a minimum seven feet of vertical clear
ance to the ground along pedestrian or vehicular
corridors.
3. A hanging sign shall not exceed nine square feet
in size sub1ect to the limitations described in Sec
t1on 7.20.020.A.
4. The method of attachment for hanging signs
shall be an integrated and appealing system and
be well designed and detailed
J. HaJ1ging signs shall respect the ristorical charac
ter of Tehachapi and shall be or have the appear
ance of being multi-dimensional and constructed
from carved or sandblasted wood or a ;1milar
product.
7-20
E. Projecting Signs.
Pro1ect1119 signs shall comply witr the following
standards:
I. Projecting signs shall be hung from brackets attached to a building and are placed perpendicular to the
building.
2. Projecting signs shall not exceed nine square feet in size subject to the lim1tat1ons described 111 Section
7.20.020.A, or project more thar three feet frorr the
face of the building
3 Projecting signs shall respect the historical character of Tehachapi and shall be or have the appearance
of being, multi d1mens1onal and constructed from
carved or sandblasted wood, or a similar product.
4. Projecting signs shall be installed according to the uniform building code.
5. Pro1ect1ng signs shall only be attached to a budding and shall not be placed on poles or other signs.
6. The method of attachment for projectirg signs shall
be an integrated and appealing system and be well
designed and detailed.
7. '\lo internal 1llumirat1on shall be allowed on project 1ng signs.
F. Roof Mounted Signs.
Roof mounted signs are permitted where 1t 1s
der-,onstrated that a wall mounted sign 1s not feasible.
Roof mounted sigrs shall comply with the following
standards:
1 The sign area of roof mounted signs shall not exceed
two square feet for each lineal foot of the build111g
face to•-vard which the sign is oriented. except as oth erwise described 111 Section 7 20.020.A.
2. Roof '"'ounted signs shall be structurally integrated into the building as opposed to being supported by
kickers.
3. Add1t1onal signs extending above a roof r"lounted
sign are probibited.
G. Wall Mounted Signs.
Signs attached to a wall shall comply with the following standards:
1. No building shall have more than one wall sign per
fasoa. The size of the wall sign shall not exceed two
square feet of sign area for each lineal foot of a build ing face. provided however that a wall sign may be
at least twenty square feet in size notwithstanding
the foregoing S1Ze restriction. The size limitations
described herein shall be subject to the limitations
described in Section 7.20 020.A
2. Wall mounted signs shall consist of letters or panels attached onto the structure.
3. Wall moul"ted signs shall be attached flush against
the wall and shall not extend more than twelve
inches off the wall surface.
4. Wall mounted signs shall not exceed four feet in
height.
:,. Wall mounted signs shall respect the historical char acter ofTehachap1 and shall be. or have the appear
ance of being multi dimensional and constructed
from carved or sandblasted wood, or a similar prod
uct.
6. Lighting may be provided for wall mounted signs in
compliance with Sectioi, 7 1 0 050.C.
Chapter 7.20 Dovvnto\Jvn Signs
7. Window Signs. Permanent window signs shall be
limited to 30 percent of the ground floor window
area occupied by a business and are included
111 the total allowed sign area for all building
mounted signs. The combined area of temporary
and permanent window signs must not exceed 50
percent of the area for all building mounted signs.
Window signs shall comply with the following
standards:
a. Signs shall be applied to storefront windows
and they shall not cover more than twe11ty
percent of the overall combined windoN and
door areas or obscure views into the building
interior.
b Self contained illuminated neon signs and
single and two color LED signs may be
placed in ground floor storefront windows
only and shall be included m the maximum
allowed area for window signs See Section
7.10.050 C.5).
7.20.030 Permanent Freestanding Sign Standards
A. A permanent freestandirg sign 1s only allowed on a
parcel on which a prin,ary use or building has bee11
established
B. Monument Signs.
Monument signs shall comply with the following
standards:
1. Monument signs shall be located outside the right of way and be at least ten feet away from any coMmon
property line.
2. Monume11t signs shall not exceed thirty square feet
m ,ize or a maxim urn height of five feet includ11'g the morument base.
3 Monument signs shall respect the historical
character ofTehachap1 and shall be or have the
appearance of being multi dimersioral and
constructed from carved or sandbla�ted wood or
a similar product.
4. Monument signs shall be placed no closer than
twenty feet from another monurr>ent sign and
shall be located in a landscap1l"g area of no less
than two square feet for one square foot of sign
area defined by a vertical curb to protect the sign.
5 Monument signs may be 1llur:11nated 1n compli
ance w th Section 7. 1 0.050 C.
6. Monument signs shall not be internally 1llur111
nated or include an electronic message.
7-21
Chaoter 7.20 Dovvntown Signs
C. Freestanding Signs other than Monument
Signs.
1. The support framework for a freestanding
sign shall be a four inch by four inch post
along with a four inch by four inch mast arm
extension or two four foot by four foot posts
on both sides of the sign. Free standing signs
shall not exceed sixteen square feet in size or
five feet In height
2. Freestanding signs shall respect the historical charac ter ofTehachap1 and shall be or have the appearance
of being, multi dimens1oral and constructed from
carved or sandblasted wood or a s mrlar product.
D. Directional Signs.
Directional signs located at an exit, entrance. or to direct on site traffic are permitted provided that the signs do not exceed six feet in height.
7.20.040 Temporary Sign Standards
A. Purpose.
The Council finds that the proliferatioi of
temporary signs is a distraction to the traveling
public and creates aesthetic blight and litter
that threatens the public's health, safety, and
welfare. n addition to the purpose provisions
of Section 7 10.01 0 Purpose and ntent these
regulations ensur� that temporary signs do r,ot
create a distraction to the traveling public by
eliminating the aesthetic blight and litter caused
by temporary signs.
8. General to All.
Temporary signs are allowed only In compliance
with the provisions of this Section.
7-22
Permits. �o temporary banner sign may be
d splayed rithout first obtaining a temporary
use permit In compliance with Chapter 9.70
, Temporary Use Permits) and as described in
Section 7.10.040 (Permit Requirements - Tern
porary Banner Signsl
2 Not Included in Permanent Sign Allowances. The area of temporary signs, except for the area of temporary window signs see
Section 7.20.040.C is not counted toward
the maximum total sign area for permanent
building mounted or freestanding signs as
established 111 Section 7 20 020.A (Maximum
S1gnage and Section 7 20.030 (Permanent
Freestanding Sign Standards).
3. General Time, Place, and Manner Restrictions.
a. Time Restr,ct1ons. There is no limitation on the
length of time that a temporary sign may be dis
played however the maximum display time for a
banner Is thirty days per twelve month period.
b. Location Restnctions. No signs shall be placed on
property owned by the City or on which the City
has an easement or a right of way. No signs shall
be placed on vacant or unimproved property that
is not being used for any purpose. Temporary
signs must be placed in compliance with Subsection 7.10.050.A Location Restrictions . c Proh,b,ted Elements. �emporary signs must comply
with the provisions of Section 7. 10.050.B Display
Restrictions\.
d Design and Construrnon. Temporary signs must be
of sufficient we,ght and durability to withstand
wind gusts, storms, etc. and must be profession
ally crafted.
C. Standards for Temporary Signs.
1. Temporary signs are allowed In compliance with the
prov,s,ons in Table 720.040.A (Standards for Temporary
Signs - Downtown Areal
"ft"= Feet; "If"= Linear Feet; and "sf·= Square Feet
All Sign
Types
Total Area of all Temporary Signs at Any One nme
Temporary
Sign Type'
Number of Signs
Height (Max.) Width (Max.)
A-Frame or 3 ft Upright Sign 2 ft
Banner Sign
Window
Sign
Yard Sign 4 ft 3 ft Type I
Yard Sign 5 ft 2 ft Type II
Yard Sign 4 ft 6 ft Type Ill
Area (Max.)
5 sf
32 sf
See Note 2
3 sf
4 sf
24 sf
Chapter 7.20 Downtovvn Signs
Max. 32 sf per lot parcel
Exception: In the TS General and TS Main Street Transect Zones, max. 12 sf per business.
Unlimited; except that the sign area of all temporary signs (excludes the area of banner signs) must not exceed 32 sf per business.
If advertising a business, only permitted during regular business hours.
May be placed within the public right-of-way with approval of an Encroachment Permit.
May be adjacent to the businesses provided access remains open and unimpaired for handicap accessibility ..
Must be mounted only on a building wall or fascia or as approved by the Director.
Wall banners must not be supported on poles or posts.
Max. Mounting Height: 25 feet to top of banner.
Display limitation: Refer to Section 7.20.040.B.3 ..
Max. Mounting Height: Placed no higher than first story windows.
Inside mounting required.
Included in the total sign area for all window signs.
Installation Requirements: Installed securely in the ground.
Installation Requirements: Installed securely in the ground.
Installation Requirements: Installed securely in the ground.
1. Other temporary sign types may be allowed (e.g., fuel pump topper signs or wraps around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded.
2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 20 percent of the area of the window on or within which they are displayed. ---- 7 23
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Chapter 7.30 Signs Outside of Downtown
Chapter 7 .30 Signs Outside of Downtown
Sect ions:
1 . .50.ulu
7 .30.020
7 .30.030
7 .30.040
Purpose and Applicability
Permanent Building-Mounted Sign Standards
Permanent Freestand ing Signs Standards
Temporary Sign Standards
7-25
This page intentionally left blank
7-26 I •
Chapter 7.30 Signs Outside of Downtovvn
7.30.010 Purpose and Applicability
A. Purpose and Applicability.
1. The purpose of this Section is to promote the orderly and attractive construction placement. and display
of signs throughout the City outside of the down
town area. This Section establishes the standards
for permanent and temporary signs outside of the
downtown area.
2. A sign type not specifically included in this Sec
tion may be allowed by the Director provided the
sign meets the intent of the zone in which It Is
proposed.
7.30.020 Permanent Building-Mounted Sign Standards
A. Signs Attached to Buildings.
Signs attached to a building or wall shall comply with the following standards.
1. All signs attached to a building shall be attached flat against and parallel to the building and shall not ex
tend more than t -velve inches from the wall . For the
purpose of this Subsection, a wall is a surface not less than sixty degrees from the horizontal. Exceptions to
this prov1sior are as follows:
a. Signs may be attached to a building provided
that the sign does not exceed four feet in height
and that the sign does not proJect above the peak
of the roof of the building A ,vall sign greater
than four feet In height may be considered for
larger structures provided the size of the sign is
to scale with the structure as determined by the
Director
b. Signs may be mounted below the soffit of a
canopy overhang. or porch and may be perpen
clicular to the building providing that they do not
exceed twelve inches belo\/1. the soffit or beam
and mainta10 a rninifYlum of seven feet vertical
clearance from the floor or sidewalk below.
c. Building mounted signs may be illuminated in
compliance with Section 7.10.050.C S1g0 'liumi
ration
d. Sign area shall not exceed three square feet for
each lineal foot of street frontage.
e. Signs projecting from the face of a building
may be permitted provided they are installed
in accordance with the uniform building
code, do not proJect more than three feet
from the face of the building, do not exceed
four square feet in area and the city is named
as an insured party by the business owner
2. Window Signs. Window signs are limited to
painted signs on glazing. poster paper signs, ancl
placards attached to the inside of windows on
store fronts. Permanent w111dow sign are lirri
ited to 30 percent of the ground floor frontage
window area occupied by a given business and
Is included in the total allowed sign area for all
building n"ounted signs. Tre combi1�ed area of
temporary and permanent window signs must
not exceed 50 percent of the area for all building
mounted signs.
B. Directional Signs.
Directional signs placed on buildings and located
at an exit entrance, or to direct on site traffic are
permitted provided that the signs do not exceecl six
feet in height.
C. Permanent Building-Mounted Signs for Residential Uses in All Zones.
Permanent building mounted signs for residential
uses In all zones shall not exceed two square feet In
area.
7-27
Chapter 7.30 Signs Outside of Downtown
7.30.030 Permanent Freestanding Signs Standards
A. A permanent freestanding sign Is only allowed on
a parcel on which a primary use or building has
been established
B. Freestanding Signs Allowed in the Agricultural
(A) Zone.
Freestanding signs in all agricultural zoning districts must comply with the following standards.
There shall be no more than one sign per legal
lot.
2. The permanent on site sign shall not exceed six
teen square feet in area for parcels less than five
acres or exceed twenty four square feet in area
for parcels that exceed five acres.
3. The sign shall not exceed six feet in height.
4. The sign shall not be v1th1n any street right of
way, nor cause a visual hazard
5. The sign shall not be 1llum1nated
6. The sign shall be stationary.
7 Off site directional signs may be permitted from
August 1st to December 31st when approved by
the planning commission subject to the follow
ing standards.
a. Signs shall not exceed thirty two square feet
in area and a height of eight feet.
b. Only one directional sign shall be permitted
on any legal lot of record
C. Freestanding Signs for Public and Institutional
Uses Signs in All Zones.
The following standards apply to signs for public and
institutional uses such as churches. parks. public and
private schools. colleges hospitals. urivers1ties. or
fraternal, benevolent. and social service organizations in all zones:
There shall be no more than two signs per each
street frontage not to exceed a total of four such
signs on a lot.
2. Each sIgr shall not exceed thirty two square feet
11' area
7-28
3. L1ght111g may be provided for monument signs in
compliance with Section 7.10.050 C.
4. Freestandmg signs shall not exceed six feet In height.
Signs attached to buildmgs shall not extend above
the roof line or parapet wall of the building.
D. Monument Signs in Commercial and Industrial
Zones.
Monument signs for commercial and industrial uses shall comply with the followmg standards:
The monument s,gn face and supports for a single
tenant development shall I ot exceed forty eight
square feet in area nor a maximum height of six feet.
2. The monument sign face and supports for a multi
tenant development shall not exceed Mty six square
feet in area nor a height of eight feet
3 Monument signs shall include a mInImum two foot
decorative monument base or, in lieu thereof. d0cora
tIve pilasters incorporated in the ,...,orument sign as approved by the Director.
4. A monument sign may be approved for a stand alone
busmess occupying a legal parcel or stand alone pad
within a cofl'lmerc1al shopping center.
.5 Monument signs shall be placed a r
"'in1murn of ten
feet frori any common property l111e and shall be a
1;1InImup .. ,of twenty feet apart.
6. Monument signs shall be located 11' a landscaping
area of no less than two square feet for one square
foot of sign area defined by a vertical curb to protect the sign.
7 Lighting may be provided for rnonumert signs 111
compliance with Section 7.10.050 C Sign lllum1na
tIon
E. Monument Signs for Commercial Shopping Centers.
In addition to the standards in Section 7.30.030 D
r""onu,..,..., ent signs for cor...,r·,erc1al sropp1rg ceNers located on-� lot with a r-viin,mur' of one acre 11' ret area may be approved by the Comm1ss1on subject to
the following standards
Chapter 7.30 Signs Outside of Dovvntown
a. A maximum of one monument sign per street
frontage is permitted, except that the Planning
Commission may approve up to two monument
signs per street frontage where the minimum lot
frontage length is no less than 300 feet.
b. Each monument sign shall not exceed fourteen
feet in height and eighty four square feet in area.
c. The monument sign shall be designed In an
architectural style similar to the shopping center
buildings.
2. In addition to the standards in Section 7.30.030.0.
monument signs for commercial shopping centers
located on a lot less than one acre in net area may be
approved by the Commission subject to the following
standards.
a A maximum of one monument sign per street
frontage is permitted.
b Each monumert sign shall not exceed eight feet
In height and fifty six square feet in area.
c. The monument sign shall be designed in an
architectural style similar to the shopping center
buildings.
3. Lighting may be provided for monument signs in
compliance with Section 7.10.050.C Sign llumina
t1on)
F. Monument Signs in Residential Zones.
Monument signs located in residential zones for
example to identify a subdivision. mobile home
park, apartments, townhouses, condom1n1ums. or
any other residential project. shall comply with the
following standards.
Permanent subdiv1s1on identification signs may
be either attached to an entrance fence or struc
ture or be a monument sign.
2. The sign shall not exceed four feet in heigbt or
thirty square feet in area.
3. The sign shall be located in a maintained land
scaped area on a parcel within the subd1v1s1on at
a primary entrance.
4. The sign attached to entry fences may be permit
ted at a greater height if determined appropriate
by the Comm1ss1on.
5. L1ght1ng may be provided for monuI;,ent signs In
compliance with Section 7.10.050.C ,Sign lllumi
nation .
6 The design and materials of the sign shall be
approved by the Comm1ss1on and shall be of
materials of sufficient durability to prevent rapid
deterioration such as metal or tile.
7. Directional signs located at ar exit. entrance, or to direct on site traffic are permitted provided that
the signs do not exceed six feet n height.
7.30.040 Temporary Sign Standards
A. Purpose.
The Council finds that the proliferation of temporary
signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public s health safety and welfare. n addition to the purpose
provisions of Section 7 10.010 tPurpose and ntent these regulations ensure that temporary signs do not create
a distraction to the traveling public by el1minat1ng the aesthetic blight and litter caused by temporary signs.
B. General to All.
Ter,porary signs are allowed only In compliance with the provisions of tliis Section.
Permits. :\Jo temporary banner sign rnay be
displayed without first obtaining a temporary use
permit in compliance with Chapter 9.70 Tern
porary Use Permits and as described in Section
7.10.040 Permit Requirements- Temporary Ban
ner Signs .
2 Not Included in Permanent Sign Allowances.
The area of all temporary signs, except for
the area of temporary window signs see Sec
tIon 7.30.040.C.2 . is not counted toward the
maxirnur.' total sign area established 111 Section
7 30.020.A Signs Attached to Buildings and
Section 7.30.030 Permanent Freestanding Sign
Standards .
7-29
Chapter 7.30 Signs Outside of Downtown
3 General Time, Place, and Manner Restrictions.
a. Time Restnct,ons. There is no limitation on the
length of time that a temporary sign may be
displayed. However, the maximum display
time for a banner is thirty days per twelve
month period.
b. Locat•on Restncr,ons. No signs shall be placed
on property owned by the City or on which
the City has an easement or a right of way.
No signs shall be placed on vacant or unIm
proved property that is not being used for
any purpose. Temporary signs must be placed
in compliance with Subsection 7.10.050.A
Location Restrictions .
c. Prohibited Elements. Temporary signs must
comply with the provisions of Section
7.10.050.B Display Restrictions .
d. Design and Construction. Temporary signs
must be of sufficient weight and durability to
withstand wind gusts. storms etc. and must
be professionally crafted.
"ft"= Feet; "If"= Linear Feet; and "sf"= Square Feet
Residential Zones
C. Standards for Temporary Signs.
1. Temporary signs are allowed in compliance with the
provisions in Table 7.30.040.A Standards for Tempo
rary Signs - Outside of Downtown Area
2 Standards for Specific Temporary Sign Types.
Temporary signs must corn ply 1111th the standards
provided In Table 7.30.040.B Standards for Specific
Temporary Sign Types .
3. Temporary model home complcx,active res1dent1al
subdivision signs. Temporary model home complex
active res1dent1al subd1v1s1on signs 111 all residential zones must comply with the standards provided in
Table 7.20.040 C Standards for Temporary Model
Home Complex Active Residential Subd1v1s1011 Signs
in All Residential Sign Districts
Total Area of all Temporary Signs at Any One Time Max. 16 sf per lot parcel Sign Height
Number of Signs
All Other Zones
Total Area of all Temporary signs at Any One Time
Sign Height
Number of Signs
7-30
Max. 6 ft
Unlimited except that the total sign area must not exceed 16 sf Max. 32 per lot parcel
Max. 6 ft
Unlimited except that the sign area of all temporary signs (excludes the area of banner signs) must not exceed 32 sf per business,
Exception: Multi-tenant shopping centers or offices - Max. 2 temporary banner signs per 300 linear feet of property frontage not to exceed 50 sf combined.
Chapter 7.30 Signs Outside of Downtown
"ft"= Feet; "If"= Linear Feet; and ·sf·= Square Feet
Temporary Sign
Type'
A-Frame or Upright
Sign
Height
(Max.)
3 ft
Width
(Max.)
2 ft
Area (Max.)
5 sf
Prohibited in residential zones.
If advertising a business, only permitted during regular business hours.
May be placed within public right-of-way with approval of an Encroachment Permit.
May be adjacent to the businesses advertised provided access remains open and unimpaired for handicap accessibility.
Prohibited in residential zones.
Banner Sign 32 sf
Must be mounted only on a building wall or fascia or as approved by the Director.
Window Sign
Yard Sign Type I 4 ft 3 ft
Yard Sign Type II 5 ft 2 ft
Yard Sign Type Ill 4 ft 6 ft
See Note 2
3 sf
4 sf
24 sf
Wall banners must not be supported on poles or posts.
Max. Mounting Height: 25 feet to top of banner.
Display limitation: Refer to Section 7.30.040.8.3.
Max. Mounting Height: Placed no higher than first story windows.
Inside mounting required.
Included in the total sign area for all window signs.
Installation Requirements: Installed securely in the ground.
Installation Requirements: Installed securely in the ground.
Installation Requirements: Installed securely in the ground.
1. Other temporary sign types may be allowed (e.g., fuel pump topper signs or wraps around waste receptacles) provided the max. area limitation for all temporary signs is not exceeded.
2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed SO percent of the area of the window on or within which they are displayed.
TABLE 7.30.040.C: STANDARDS FOR TEMPORARY MODEL HOME COMPLEX/ ACTIVE RESIDENTIAL SUBDIVISION SIGNS IN
ALL RESIDENTIAL ZONES
Sign Type Maximum Number of Signs Additional Standards
I per lot or dwelling.
Yard Sign Type I I per boundary street frontage of the
model home complex/active residential
subdivision.
Yard Sign Type II I per lot or dwelling. See Table 7.30.040.B I per boundary street frontage of the
Yard Sign Type Ill model home complex/active residential subdivision.
Additional Standards for Temporary Model Home Complex/Active Residential Subdivision Signs:
1. All temporary model home complex/active residential subdivision signs must be removed upon the conversion of the model home(s) to a residential use and must be removed upon the close of escrow of the last lot in the subdivision or upon cessation of use, whichever comes first.
2. The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed SO percent of the area of the window on or within which they are displayed.
3. One window sign is allowed, max. 3 sf or 1 additional Yard Sign Type I. 7-3 1
Article 9 Procedures
Chapter 9.10 Application Processing Procedures 9-7
9. u.u u t-'urpo�e -3
9.10.020 Aut'lority for Land use cind Zonrn � DP .., one; 9-7
9.10.030 Mult p e Pe � 1- App ICdtlO'l
9.10.040 Appl cat on Preparation dnd Fr g
9 � 0.050 Application Fees
9. 10.060 Appl1cat1on lnderl'n·f,cdt;on
9 10 0/0 Env ronmenta Assessmen•
Chapter 9.20 Certificates of Appropriateness
) 2
9.20.020
9 2 030
9 20 040
9 20 50
9 20 60
9 2
9 20. d0
u pose
App cab, ,ty
fiev,ew Autho ty
App ,cation Re-qu er,Prts
F- nd ngs a d Dec s o'1
App 'a's
rond t ons o' P
Post Dec so Proc du es
Chapter 9.30 Conditional Use Permits and Use Permits
') j ..,u p ')
9 3 .., 20 App ca o ty
9 30 30 App c.a 1- o 'qu rem
9 30 o io Re f'W Autr '"y
9.3 050 ProJect Rev e �Ot°CE.: and H l g
9 30 060 F nd g ,n J c s on
9 3 Co .. 0 '15 f App o J
9 8
9 'O
9 q 11
9- 1 ')
9-1 3
5 )
1 )
9-1 7
9 1 7
';) 1
:J 1 o
, 8
9 '9
9 9
9 3 ;:> r rr r1 t n 2
9 3 09 Po., t D .__ s 0(. CL.Jr � 9 2
9-1
Chapter 9.40 Home Occupation Permits
9.4U.0� U
9.40.020
9.40.0JC
9.40.040
9 40.050
9.40.060
9.40.07C
9 40.080
9.40.090
9.40.100
9.40.110
9.40 1 20
9.40 13
9.40 110
Purpose
Applicabi:ity
Permit Required
Application Filing, Process·ng and Review
Home Occupations Expressly ::>ro'1 b ted
Directors Decision
Compliance with Standards
F-1ridings and Decis,on
Conditions of Approval
Perrnit Exp1
""at1on
Acknowledger1ent
P Hrnit I\Jot Transferable
Changes,., �ome Occupation
Post Jec1c; on Procedure-,
Chapter 9.50 Reasonable Accommodations
l;J,')Q u u
9 50.020
,) J J ") ,... )
9.5 cl
9.-,c. s
--J jo 060
9.50 010
i-1urpose
Apol1cab I ty
Apol cat on R .qu re""1 ''lt'>
Re 1 '2 v, A u ,. ., u , .. y
R �v eV' Procedu'es
f- nd1ngs a'ld Dt>c1,;1011
Rescisc; on of Approv1 of Reasonaole
AccomrT'odat on
9 10 CBI) 0ost Dec c; on Procedure,;
9-21
9-21
9-21
9-2 2
9 22
9 22
9-2 2
9 2 3
9 2 3
9-23
9 23
9-24
9-24
9 24
9 24
9-25
"3-L')
9 2 S
9 25
9 2�
9 26
9 2 7
9-2
""'
9-28
Chapter 9.60 Architectural Design and Site Plan Review 9-29 9-2
'1 o I-' iroose
2 Aop cab �Y
9.60 )"30 Rev ew Al thor ty
\;;I L "i
9 2
9-3
9.60.040
9.60.050
9.60.060
9.60.070
App I I ca t •on Rt, q u re m c n ts
Find in 9 5 cln d D �CI 510 n
Post Dec1s1o'l Procedures
ApnP.,
Chapter 9.65 Ministerial Housing Approval
';J O).UIU Purpose
9.65.020 Appl CdOil1ty
9.6').030 App cat O'l 9equ rements
9 65.040 Review Author ty
9.65.050 Review Procedures
9 6) 060 Poc;t DPcis10'1 Procedurec;
9 65 070 Appcd
Chapter 9.70 Temporary Use Permit
'-:J. u u u
9 70 020
) /._, 030
g 10.c..io
:; / ')-,()
Y u 060
9 /0 0 /0
9 10.080
9 18.090
9 70.100
9 70 110
1-'urpo<:it'
Apo icdb1' t-y
Rev·e1, Au:'lor ty
App Cclt1on Requ rernenh
Excr1p" T 'i'porJ ... vSes
A Oli ·cl Teriporary JS:-,')
Not u. �'ld He 1r ng
::·'1d '1<.JS
Co'1d t O'ls of App"ova
Cond t O'l of 5 te Fo loNing Tf'r.iporary' s
Post Dec son ;>r rP< ures
Chapter 9.75 Minor Modifcations
LJ '.) • o Li i-> ,ir p s e
J .).820 Aop �Jb t
9 /5.030 Aop c:1t or R 'CJU "t:n'er:s
9 1).040 Re" � , Not c. nq 1rd rlecJr ng
9-30
9 30
9 3 1
9-31
9-3 3
LJ � 1
9 3 1
) 3 1
9 34
9- j)
9- 36
9 � I)
9-3 7
'-:) j
') 3
9 -
9 3 .
3K
J 3 i
1 3 '-J
9 � _,
9 4 ')
9 4
9-4 1
) +
9 i 2
9 i 3
9-3
9.75.050 Findings and Decis•on
9.75.060 Post Dees on Procedures
Chapter 9.80 Variances
1;1.tsu.u IO Puroose
9.80.020 App ,cabil1ty
9.80.030 Rev,ew Authority
9.80.040 App Cdt on Requ ren,ents
9.80.050 F nd ngs a'ld Decis1o'ls
9.80.060 Precedents
9.80.0 70 Cond1t1o'lc:, of Approval
9.80 080 Post Decis on Procedures
9-4 3
9 4 3
9-45
9-45
9 45
9 46
9-46
9-46
9-46
9-4 7
Chapter 9.90 Permit Implementation, Time Limits, and Extensions 9-49
1.90.010
9 90 0)0
0 00 G3u
9 90 "10
.:>urpose
Co'1forrra'lce to App,.oved Pars
E f f , -.. t e [) a t e s o f P e r r1 t s
App 1cdt1ons DeeMed Approved Dy Operc1 .. 1o'l � f La
1 )J VJJ De formar') e GuJrJ'l�(:��
9.9v 06J Exo rdt QI"
9 90.07C f me xtens O'lS
9.90.080 Chdnges to Approved Projectc:,
9.90.090 RE-<;UOMltta S
Chapter 9.100 Permit Modifications and Revocations
9-4
';) uu.u
9 100 020
0')" "'10
9 1
v Q4')
9 1 OC.O ),...,
..Ju(pose
Vod 'c:: 1t10'1s
� 1 0 J .. 0'1S
H.:d f"'9 a'ld Not e ReqJ red
F- 1d·ngs to �./od1fy or qpvoke
9-49
9-49
9 49
9-50
9 50
9 S'
9 52
9 5 3
9 54
9-55
9 ::, )
q 55
--) _) 5
:'.) 56
9 )6
Chapter 9.110 Mural and Public Art Permits
Y lU UIU
9.110.020
9110030
9·10040
9.110.050
9.110.060
9.1 100/0
9. 1 '().080
1-'u'pose
App 1cabil1ty
R e v I e \iv A u tt1 o • t y
Appl cat on Requ rerre'lts
�ind ng<i r:1na Dec sIon
Cond1t1ons o" Aoo .. ova!
Enforcement
Post Decision Prcocdures
Chapter 9.1 20 Outdoor Seating Permits
'-3 LU JIU
9 120 020
9.120.030
9.120 04"
9.12v 0S0
9 .. 20.060
9 ·20 010
1-'urooc;e
App cabil ty
F1nd'ng<i dnd Dec '>Ion
Pe r1It lssut?d
T1rne L rr. t�
nterr.Jpt o o T rrn 'lJble
Add :10'111 Adrr 'l strJt ve Regu 3t 011s
Chapter 9.1 30 Transient Outdoor Businesses
lJ J I-' u r 'JSe
9 3 2 ;, r,t9 , 3 031 Aop lt )
9 '30 040 -,<iudnc
9 '30.'}50 FPe
9 '30 060 R ·gu at ons
9 �o 07u Revocdt- on
9 1 30.080 App ld
9-5 7
) '.)
9 5 7
9 )
� 5 8
9 Sd
9 )8
y )9
9 5-;)
9-61
":J -b I
) b 1
9 6
1 62
9 62
J n 1
') ) 1
9-6 5
)
y 5
9 06
'-)
9 -
9-5
This page intentionally left blank
9-6
Chapter 9.10 Application Processing Procedures
Sections:
':J.lv.vlv Purpose
9.10.020 Authority for Land Use and Zoning Decision-,
9.10.030 Multiple Permit Application
9.1 0.050 Application Fees
9 . 1 0 . 0 6 0 A p p I i ca t i o n I n d e n1 n i f i ca t i o n
9.10.070 Environmental Assessment
9.10.010 Purpose
The purpose of this Chapter 1s to establish rev,e•v and approval procedures for ministerial and discret•onary
permits provided for by this Zoning Code Application
contents and development standards and conditions for
the approval of permits are contained 1n the appropriate chapters of this Zoning Code.
9. 10.020 Authority for Land Use and Zoning Decisions
Table 09.10.020 Review Authority below, identifies the
review authority responsible for reviewing and making
decisions on each type of application required by this
Zoning Code.
9--,
Chapter 9.10 Application Processing Procedures
9.10.020 Authority for Land Use and Zoning Decisions
I
I
I
Table 9.10.020. Review Authority Role of Review Authority Type of Action Code Chapter/Section Director Commission Council Zoning Code Amendments 10.10 Recommend Decision
General Plan Amendments 10.10 Recommend Decision
Interpretations 10.20.020 I Decision Appeal Appeal
Specific Plans and Amendments 10.10 Recommend Decision
Regulating Plan Amendments I 10.10 I Recommend Decision Planning Permits and Approvals
Certificates of Appropriateness 9.20 See Section 9.20.030 (Review Authority) Conditional Use Permit 9.30 Recommend Decision Appeal
Home Occupation Permit I 9.40 Decision Appeal Appeal
Minor Use Permit 9.30 Decision Appeal Appeal
Reasonable Accommodations I 9.50 Decision Appeal Appeal Architectural Design and Site Plan Review 9.60 Recommend Decision Appeal Ministerial Housing Approval I 9.65 Decision
Temporary Use Permit 9.70 Decision Appeal Appeal
Variances 9.80 Recommend Decision Appeal
Planned Development 3.30.160 Recommend Decision
Mural and Public Art Permit 9.110 I Recommend Decision Appeal Outdoor Seating/Dining Permit 9.120 Recommend Decision Appeal Minor Residential Building Setback Reductions 4.20.040 Decision Appeal Appeal Neighborhood Master Plan 2.10 Recommend Decision Appeal
9.10.030 Multiple Permit Application
A. Concurrent Filing
An applicant for a development project that requires
the filing of rr,ore than one application e.g., Regula
tory Plan amendment and a Conditional Use Permit,
etc. shall file all related applications concurrently.
together with all appl1cat1on fees required by Section
9. 1 0 050 Application Fees below, unless the concur
rent filing requirements are waived by the Director.
9-8
B. Concurrent Processing
Multiple applications for the same proiect shall be pro cessed concurrently and shall be reviewed. and approved or denied by the highest review authority designated by this Zoning Code for any of the applications i.e., a project for wh1ct- applications for Regulatory Plan amendment
and a Conditional Use Permit are filed shall have both ap plications decided by the Council, instead of the Comm1s sion acting upon the Conditional Use Permit as otherwise required by Table 09.10.030).
ChaptPr g 1 o Aoplication Processing Procedures
9.10.030 Multiple Permit Application
Name of Permit
Conditional Use Permits
Certificates of Appropriateness
Home Occupation Permits
Sign Plan Approval
Architectural Design and Site
Plan Review
Temporary Use Permits
Neighborhood Master Plan
I
Table 9.10.030. Permits and Approvals
Code Chapter/
Section
9.30 9.20
9.40 7.10/7.20
9.60 9.70
2.10 Applicability of Permit
A Conditional Use Permit is required to authorize proposed land uses specified by Article 3 (Specific to Zones) as being allowable in the applicable zone subject to the approval of a Conditional Use Permit.
A Certificate of Appropriateness is intended to protect structures, improvements, natural features, and objects, of historic significance including,but not limited to areas of architectural, cultural, economic, historic, political, and social importance from any alteration, demolition, or removal which would have an adverse effect thereon.
A Home Occupation Permit is required to allow for home occupations that are conducted within a dwelling located in a residential zone, and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses, as specified by Article 6 (Specific to Uses).
A Sign Plan Approval is required to allow the installation or remodeling of a sign except as specified in Article -7 -'--(Signs) "-----'--.. --------------4 Architectural Design and Site Plan Review is required before construction of any structure erected in the Zones within Article 3 (Specific to Zones), except for the specified in Subsection 9.60.020.B (Exceptions). ----i A Temporary Use Permit is required to allow short term activities that might not meet the normal development or use standards of the applicable zone, I but may otherwise be acceptable because of their temporary nature. __J A Neighborhood Master Plan is required prior to the subdividing of any land over 10 acres within the Transect Zones.
Additional Permits and Approvals Available to the Applicant Reasonable Accommodations 9.50
Ministerial Housing Approval 9.65
Variances 9.80
Mural and Public Art Permit 9.110
Outdoor Seating Permit 9.120
Reasonable Accommodations provides a procedure to request a necessary adjustment to the development standards specified in this Zoning Code in order to accommodate persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
Ministerial Housing Approval shall be granted to projects that meet specific criteria established by State law.
A Variance may be requested to allow an adjustment from any of the development standards required by this Zoning Code.
A Mural and Public Art Permit is required to allow the installation of a mural or piece of public art.
An Outdoor Seating Permit is required to allow outdoor restaurant seating that �I encroach on City right-of-way or property.
9-9
Chapter 9.10 Application Processing Procedures
9.10.040 Application Preparation and Filing
A. Land Development Committee Meeting
1. A prospective applicant is encouraged to request
a Land Development Committee (LDC! meeting
with the LDC before completing and filing a land
use permit application.
2. The purpose of this meeting is to generally:
a. Inform the applicant of City requirements as
they apply to the proposed project;
b. Review the City's review process. possible
project alternatives, or modifications; and
c. Identify information and materials the City
will require with the application, and any
necessary technical studies and information
relating to the environmental review of the
project.
3. Neither the pre application review nor the provi
s1on of inforn1at1on and or pertinent policies shall
be construed as either a recommendation for
approval or denial of the application or project by
any City staff.
1 Failure by City staff to identify all required studies or all applicable requirements shall not constitute
a waiver of those stud res or requirements.
B. Application Contents
Each application for a permrt, amendment, or other
matter perta1n1ng to tris Zoning Code srall be filed
with the Departmert on a City application form,
together with all required fees and or deposits and
all other information and materials specified in the
Department handout for the specific type of applica
t1on and or as specified by the Director.
9-10
C. Eligibility for Filing
1. The application shall be signed by the owner of re
cord or by an authorized agent.
2. Authorized agents shall provide written authorization signed by property owner.
D. Without Scope
1. In cases where the Director considers the reasons and conditions specified in the application not within the
scope of the requested permit or approval, or that the
application is incomplete, the applicant shall be so
informed.
2. If the application is filed and the required fees are ac cepted. the application shall be signed by the appli
cant and the owner of record if not the owner to the
effect that the applicant was so informed.
3. Acceptance of the application does not constitute an indication of support or approval.
E. Report by Expert Consultants
The City may require of the applicant additional evidence and clarification as may be necessary to establish that the proposed use will conform to the applicable regulations and standards specified 111 the Zornng Code.
F. Burden of Proof
The burden of proof to establish the evidence in support of the required findingis for any permit or approval rn compliance with this Zoning Code is the responsibility of the applicant.
Chapter 9.10 Application Processing Proced11res
9.10.050 Application Fees
A. Fees
1. The Council shall establish fees for the processing
of the applications required by this Zoning Code
provided the fees clo not exceed the estimated actual
cost of processing such applications.
2. The fees shall be established by minute order. ordi
nance or resolution of the Council and may be evalu
ated and or amended as often as determined to be
necessary by the Council. 18.06.030,
3. Projects subject to time and materials charges.
a. Projects which do not fit any category in the
application fees or which are otherwise extraor
di nary may be charged on a time and materials
basis at the Director s sole d1scret1on.
b. Staff time required on a project, post entitlement,
and not part of another formal application e.g ..
Final Map Architectural Design and Site Plan
Review etc. will be recovered on a time and ma
te11als basis at the Director s sole discretion.
c. The fees specified reflect standard processing
time. Projects requiring excessive review time will
be recovered on a time and materials basis.
B. Timing of Payment
1. Applications shall not be deemed complete and
processing shall rot commence on any applica
tion until all required fees or deposits have been
paid.
2 Failure to timely pay supplemental requests for
payment of required fees and or deposits shall be
a basis for postponement of any permit or other
requested entitlement, notwithstanding any
other provisions of this Zoning Code.
C. Refunds and Withdrawals
No refund due to denial shall be allowed.
2. In the case of a withdrawal, the Director shall
have the d1scret1on to authorize a partial refund
based upon the pro rated costs to date and the
status of the appl1cat1on at the time of withdraw
al.
9.10.060 Application Indemnification
A. Application Agreement
1. At the time of sub,.,,,itt1ng an appl1cat1on for a discre t1onary lard use approval, the applicant shall agree as part of the application, to defend ""1th legal counsel
of City's selection indemnify. and hold harmless the
City and its agents. attorneys, employees and offic
ers. from any action, claim, challenge, or proceeding
brought against the City or its agents. employees.
and officers to challenge any procedure or aspect of a
land use approval issued by the City.
2. The required 111demnificat1on shall include damages
awarded against the City 1f ary costs of suit. attor
ney s fees. and other costs and expenses incurred in
connection with the action
B. City Notification of Applicant
1n the event that an action, claim. or proceeding re
ferred to in Subsection A. above is brought. the City
shall promptly ,,otify the applicant of the existence
of tl'e action claim or proceeding and the applicant
shall cooperate fully 1r the defense of the action,
clam,, or proceeding, if the City chooses to defend the action.
C. City Participation in Defense
\Jothing 1s this Section shall require the City to par
tic1pate or proh1b1t the City from participation in the clefePse of any action. claim or proceeding.
9-11
ChaptPr q 10 Application Processing Procedures
9.10.070 Environmental Assessment
A. CEQA Review B. Compliance with CEQA
After acceptance of a complete application the pro
ject shall be reviewed in compliance with the Califor
n1a Erv1ronmental Quality Act CEQA and the City s
CEQA guidelines in order to determine whether:
1. The proposed project 1s exempt from the require
men ts of CEQA,
2. The proposed project is not a project as defined
by CEQA
3. A Negative Declaration may be issued;
4. A Mitigated Negative Declaration may be issued,
5. An Environmental Impact Report (EIRl shall be
required or
6. An addendum and or supplemental information
and r'aterials are required ii' compliance with the
,CEQA
9-12
These determinations and where required, the prepara
t1on of appropriate environmental documents. shall be in compliance with CEQA and the City s CEQA guidelines.
C. Compliance with NEPA.
Where applicable, projects shall also comply with the
requirements of the National Environmental Policy Act.
D. Special Studies Required
Special study• ies may be conducted by the City and con sultant selection may be done at City's sole discretion.
Chapter 9.20 Certificates of Appropriatenes
Purpose
Applicability
Sections:
9.20.010
9.20.020
9.20.030
9.20.040
9.20.050
9.20.060
9.20.070
9.20.080
Review Authority
Application Requirements
Findings and Decision
Appeals
Conditions of Approval
Post Decision Procedures
9.20.010 Purpose
Certificate of Appropriateness 1s intended to protect
structures, improvements, natural features, and obiects of historic significance including but not limited to areas
9.20.020 Applicability
A. When Required
1 A Certificate of Appropriateness is required for the
alteration demol1t1on or rerrioval of any ndiv1dual
cultural resource or any contributing cultural resource, and for any alteration, demolition, or removal of any
potential cultural resource, by the City, any agent of the City, or a private party.
2. A property or structure over 50 years of age· or on or potentially eligible for a local. State or national register shall be presumed to be a potential cultural resource
subject to a Certificate of Appropriateness.
3 A Certificate of Appropriateness shall be required:
a In add1t1on to any other perrnIts required by this Zon Ing Code, and
of architectural, cultural econor1Ic, historic, polit cal. and social importance fron, any alteration der-oll
tIon, or removal which would have an adverse effect
thereon.
b Shall accon1pany any perr1It or any work other
wise altering the architectural features or appear
ance of the resource.
B. Alteration Defined
1 An alteration shall n'ean any act or process
through private or public action, that changes the
specified character defining or significant phy<,1cal
features or architectural appearance of a cultural rt:
source, including the reconstruction, new construe
tIon, additions rehabil1tat1on, relocation, removal
repair replacernent or restoration of any resource.
2. These changes include n odifrcat1on of a strucL.He
architectural detarl or visual characteristic e.g ..
grading, parnt color, su1 face texture , surface pav
9 13
Chapter 9.20 Certificates of Appropriateness
9.20.020 Applicability
ing, the addition of new structures. the cutting or
removal of trees. landscaping and other natural
features, the disturbance of archaeological sites or
areas, and the placement or removal of any s1gnifi
cant obiects e.g., fences. landscaping and acces
sories, light fixtures, plaques signs, steps, street
furniture, and walls affecting the significant visual
or historical qualities of the property.
C. Waiver of Development Standards
When approving a Certificate of Appropriateness,
the Commission may allow a waiver of development
standards for designated cultural resources only as
follows and only if first found to contribute to pre
serving a cultural resource and or the character of a
historic site.
1. Parking. Jp to one on street parking space (de
fned as 2-l unobstructed '1rear feet of property
street frontage may contribute to meeting parking
requirements.
2. Accessory Structures
a A maior accessory structure required setback
may be reduced by up to two feet, but in no case
closer than three feet to the nearest property line.
9.20.030 Review Authority
Certificates of appropriateness shall be approved,
approved w1tr. cond1t1ons. or denied subject to the
follow11 g review authorities:
A. Administrative Review
Site modifications that are small in magnitude e.g.
minor fencing, hardscape. landscape, lighting minor
accessory structures. signs, and streetscape improve
ments and Minor structure mod1ficat1ons that do
not involve new construction, additions to existing
structures. or demolition of existing structures shall
be subject to review and approval or denial by the
Director.
B. Planning Commission
1. Site Modifications that do not meet the criteria
for adrn1n1strat1ve review as specified above shall
be subJect to review and approval or denial by the
Cor.1miss1on.
9 14
bl The peak of a major accessory structure gable roof
may be allowed a height of up to 19 feet for a steep
roof (defined as a roof with a rise as great or greater than its run found necessary to ma1nta1n architec
tural consistency with the design of the sites primary
structure.
3. Floor Area. The floor area of a cultural resource may be the amount allowed by the underlying zone's floor area
ratio or coverage limit, multiplied by a factor of 1.10
4. New Construction Projects Incorporating a Cultural
Resource
a' Setbacks required by the underlying zone for a cul
tural resource incorporated into a new cor struction
development may be reduced by up to 25 percent.
b Up to one dwelling that 1s a cultural resource incor
porated into a ne1, construction project on a devel
opment site 15,000 square feet or greater in size, may
be excluded from the density calculation of the un
derlying zone, and up to 1,000 square feet of its floor area may be excluded from the floor area calculations
of the underly11 g zone district: provided, the site s
density and floor area conforms to the General Plan.
2. The Director May refer an adr1111istrat1ve Certificate of Appropriateness review to the Comm1ss1or, where
ur1que circumstances or policy implicat,ol"'s deem 1t
necessary to do so.
C. Compliance with Findings Required
A Certificate of Appropriateness rray be approved if the project is determined to be 1n compliance with the find ings specified in Section 9.20.050 :Findings and Deci
510111.
Chapter 9.20 Certificates of Appropriateness
9.20.040 Application Requirements
A. Filing Requirements
An application for a Certificate of Appropriateness shall be filed and processed in compliance with Chapter 9.10
Application Processing Procedures1•
B. Required Data
The application shall include the information and materi als specified in the Department handout for Certificate of Appropriateness applications. together with the required fee
C. Responsibility
t Is the responsibility of the applicant to provide evI dence in support of the findings required by Section
9.20 050 1Findings and Dem1on).
9.20.050 Findings and De cision
A. Review Authority's Action
An appl1cat1on for a Certificate of Appropriateness may be approved, cond1t1onally approved, or denied by the
review authority
B. Required Findings
The applicable revIe rv authority may approve a Cert1fi cate of Appropriateness only after first making all of the following findings.
1. The proposed work will neither adversely affect the sig n1ficant architectural features of a historic resource nor adversely affect the character of the aesthetic, arch1tec tural or historic interest or value of a historic resource and its site;
9.20.060 Appeals
An adm1r1strat:..-e dE:.c1s1on by the Director is appeal able to the 0Ianning Commiss10P; and a Planning
Comm1ss1or. dec1s1on 1s appealable to the Council In
compliance with Chapter l 0.20 Appeals .
2. The proposed project is consistent with the General
Plan any applicable specific plan. and the ZoPing
Code
3 The proposed proJect Is consistent with the Secre
tary of the Inter or Standards and requirements of
the California Environmental Quality Act CEQA ; and
4. Any additional findings required by Subsection
9.20.020.C, Waiver of Development Standards can
be made.
9.20.070 Conditions of Approval
n approving a Certificate of Appropriatentss the review authority rray impose any conditions deer"ed reaso,,
able and necessary to ensure that the approval will
comply with the findings required by Section 9.20.050
�indings and Decision , and whrch n1ay also include con d1t101'S requiring maintenance of a cultural resource
II' good co•sd1t1on, or 111stallatior In publicly viewable areas of infor"lative plaques
9-15
Chapter 9.20 Certificates of Appropriateness
9.20.080 Post Decision Procedures
The procedures and requirements in Chapter 9.90
;Permit Implementation Time Limits, and Exten
s1ons' and those related to appeals Chapter 10.20
9-16
and modifications and or revocations Chapter 9.100
shall apply following the dem1on on a Certificate of Ap propriateness application.
Chapter 9.30 Conditional Use Permits and Use Permits
Purpose
Applicability
Sections:
9.30.010
9.30.020
9.30.030
9.30.040
9.30.050
9.30.060
9.30.070
Application Requirements
Review Authority
Project Rev1evv, Notice, and Hearing
Findings and Decision
Conditions of Approval
9.30.080
9.30.090
Permit Revocation and Modificatiori
Post Dec1s1on Procedures
9.30.010 Purpose
The purpose of this Chapter is to establish procedures
and general standards for the review and approval of
Use Permits Conditional Use Permits and Minor Use
0erm1ts . Whenever a use 1s listed 111 af"y section of this Zoni"g Code as a use permitted Subject to Cond1t1of"al
9.30.020 Applicability
A. Uses Listed in Article 3
A Cond1t1of"al Jse Perr, tor M,nor Jse Permit is required to authorize proposed land uses specified by Article 3
Specific to Zones as being allowable in the applicable
zone subject to the approval of a Conditional Use Permit Cl.JP or Minor Use Permit MUP
B. Allowability of Unlisted Uses
t shall mean that unlisted uses might be allowed by the applicable Review Authority when the uses are necessary to the developrient of the cor,mun1ty and are 1n no way detrimef"tal to ex1st1ng uses or to those allowed 1r. the zone
Use Perrrnt or :'v11nor Use Permit approva 1t shall be
approved only 1f it 1s consistent with the General Plan and meets all reqL1irer1ents of this Zoning Code and
subjeCt to ary cor.d1t101�s deemed appropriate by tre
Review Authority
C. Modification of Use Regulations
1. Modification of Regulations to Use �he use
permit procedure shall be utilized wherever it 1s
specified in this Zoning Code that regulations to
use may be r,oci1fied through approval of a CUP or
MUP
2. Subject to Findings. t shall r"'ean that the rnod1fi cation may be granted provided the findings speci
fied in Section 9.30.060 i:indings and Decision
can be r>'ade.
9-1 7
Chapter 9.30 Conditional Use Permits and N\inor Use Permits
9.30.030 Application Requirements
A. Filing Requirements
An application for a CUP or MUP shall be filed and
processed in compliance with Chapter 9.10 (Applica
t1on Processing Procedures).
B. Required Data
The application shall include the information and ma
terials specified in the Department handout for CUP
and MUP applications. together with the required fee.
9.30.040 Review Authority
A. Conditional Use Permits
CUPs shall be approved or denied by the:
1. Commission. Commission, when not considered
concurrently with another application that requires
Council approval: or
2. Council. Council when considered concurrently
with another application that requires Council approval.
C. Responsibility
It is the responsibility of the applicant to provide ev1 dence in support of the findings required by Section
9.30.060 Findings and Decision .
B. Minor Use Permits
1. MLJPs shall be approved or denied by the Director.
2. The Director may choose to refer any Minor Use Permit application to the Commission for review and final deci sion.
9.30.050 Project Review, Notice, and Hearing
Each application shall be reviewed by the Director to
ensure that the proposal complies with all applicable
requirements of this Zaring Code.
A. Use Permits
1. Conditional Use Permits. The Commission 'or
Council when considering a concurrently filed
application shall conduct a public hearing on an
application for a CUP before a dem1on on the ap
plication.
2. Notice. Notice of the hearing shall be provided,
and the hearing shall be conducted in compliance
with Chapter 10.40 Public Hearings).
3. Appeals. The Commission·s decision is appealable
to the Council in compliance with Chapter 10.20
Appeals .
9-18
B. Minor Use Permits
Before a dec1s1on on a Minor Use Permit. the City shall provide notice in compliance with Chapter 10.40 Public
Hearings , and as follows:
1. Notice
a The notice shall state that the Director will decide
whether to approve or deny the Miror Use Permit
application on a date specified 1n the notice, and
that a public hearing will be held only if requested in writing by any interested person before the specified
date for the decision.
b The written request for a hearing shall be based on
issues of significance directly related to the application e.g .. provision of evidence that the request cannot meet one or more of the findings specified in
Section 9.30.060 Findings and Decision])
c, ,f the Director determines that the ev1dt2'nce has mer 1t and can be properly addressed by a condition s
added to the Minor Use Permit approval. the Director
rnay consider the permit 111 compliance with Subpara
graph 3. If no hearing is requested below.
Chapter 9.30 Conditional Use Permits and Use Permits
9.30.050 Project Review, Notice, and Hearing
2. If hearing is requested. If a public hearing is request ed and the provisions of Subparagraph B. 1. c., above
do not apply the Director shall schedule the hearing
that shall be noticed and conducted in compliance with
Chapter 10.40 Public Hearings
9.30.060 Findings and Decision
A. Review Authority's Action
1. All applications. An application for a CUP or MUP
may be approved subJect to conditions or denied by
the review authority based on the findings 1dent1fied in Subsection B .. below.
2. Where Council is Review Authority. After the pub
lie hearing where the Council Is the review authority in compliance with Subsection 9.30.040.A (Conditoinal
Use Permits' above the Comm1ss1on shall forward a
written recommendation. and reasons for the recom
mendation, to the Council whether to approve. approve
in modified form. or deny the application. based on the findings identified In Subsection B. below.
B. Required Findings
The Review Authority may approve or conditionally ap
prove an application for a CUP or MUP if it finds all of the following:
3. If no hearing is requested. If no public hearing Is
requested the Director shall render a decision on
the date specified in the notice referred to in Sub
paragraph B. 1. a., above.
4. Appeals. The Director s dec1s1on is appealable to
the Commission in compliance with Chapter l 0.20
Appeals .
1. The proposed use is consistent with the goals and
policies of the General Plan.
2. The proposed use is consistent with the purpose of
the applicable zone or zones.
3. The proposed use Is listed as a use subJect to a CUP or MUP in the applicable Zone or Zones or a use de
termined to be similar to a listed use in accordance
with the procedures set out in Section 1.10.030
Rules of Interpretation .
4. The proposed use meets the minimum require
men ts of this Zoning Code applicable to the use
and complies with all other applicable laws. ordi
nances. and regulations of the city and the state of
California.
5. Tf,e proposed use will not be materially detrimental to the health, safety and welfare of the public or to
property and residents In the vicinity. 18.104.040,
9.30.070 Conditions of Approval
A. Any use permit may include such terms and conditions deemed appropriate or necessary by the review authority to make the findings specified In Section 9.30.060 Fi11d ings and Decision .
B. f no terms or conditions are specified. the CUP or 1vlLJP shall be considered unconditional and valid for an indefi nite period.
C. All conditions of approval shall be final. and a
request to delete or modify a condition to make ·t
less restrictive shall only be considered i'lt a properly noticed public hearing unless said conditions are ap
pealed 111 compliance with Chapter 10.20 Appeals .
9-1 9
Chapter 9.30 Conditional Use Permits and Minor Use Permits
9.30.080 Permit Revocation and Modification
Any CUP or MUP issued pursuant to Chapter 9.10 may
be revoked or modified pursuant to Chapter 9.100
(Permit Modifications and Revocations).
9.30.090 Post Decision Procedures
The procedures and requirements in Chapter 9.100
Permit Implementation, Time Limits, and Extensions)
and those related to appeals (Chapter 10.20) and
Modifications and Revocations Chapter 9.100) shall
apply following the decision on a CUP or MUP application. 9-20
Chapter 9.40 Home Occupation Permits
Sections:
9.40.01 u
9.40.020
9.40.030
9.40.040
9.40.050
9.40.060
9.40.070
9.40.080
9.40.090
9.40 ... 00
9.40. 1 10
9.40.120
9.40.1 30
9.40.140
9.40.010
Purpose
Applicability
Permit Required
Application Filing, Processing, and Review
Home Occupations Expressly Prohibited
Directors Decision
Compliance with Standards
Findings and Decision
Conditions of Approval
Permit Expiration
Acknowledgement
Permit Not Transferable
Changes 1n Home Occupation
Post Dec1sior Procedures
Purpose
The purpose of this Chapter 1s to provide a process to
gain City approval to conduct a home occupation which
represents a legal commercial enterprise conducted by
an occupant1s' of a dwelling.
9.40.020 Applicability
A. Incidental and Secondary B. Allowed by Article 3
The Home Occupation Permit 1s intended to allow for
home occupations trat are conducted within a dwelling
located in a residential zone. including Transect Zones. and are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with
surrounding residential uses.
A ho1'1e occupation may only be conducted when
allowed by Article 3 Specific to Zones
9-21
Chapter 9.40 Home Occupation Permits
9.40.030 Permit Required
A. Home Occupation Permit Required
No home occupation shall be established until an
application for a home occupation permit has been
submitted to and approved by the Director in compli
ance with this Chapter.
B. Exemption
1. live/work. A legal live work facility is exempt
from the requirement of a Home Occupation Permit.
2. Small family day care home. A small family day
care home for eight or fewer children operated in com
pliance with State law and Section 6.20.020 (Family
Day Care Fac1lit1es1 is exempt from the requirement of
a Home Occupation Permit.
9.40.040 Application Filing, Processing, and Review
A. Application
1. Filing
a An application for a Home Occupation Permit
shall be filed and processed in compliance with
Chapter 9.10 Application Processing Procedures .
b The application shall be signed by the owner of
record or by an authorized agent.
c Authorized agents shall provide written authorization signed by the property owner.
2. Required data. The application shall include the in· formation and materials specified in the Department
handout for Home Occupation Permit applications,
together with the required fee.
3. Responsibility. It Is the respons1bi11ty of the appl1 cant to provide evidence in support of the findings
required by Section 940.080 Findings and Decision .
B. Public Notice Not Required
A public notice and hearing shall not be required for
the Director's decision on a Home Occupation Permit
application.
9.40.050 Home Occupations Expressly Prohibited
Refer to Section 6.20.080 Home Occupations for the
list of prohibited horne occupations.
9.40.060 Directors Decision
A. Director's actions. The Director may approve a
Home Occupation Permit application that would
be operated in compliance with Section 9 40.070
Compliance with Standards,. deny the application,
or defer action and refer the application to the Com
mission for review and final decision.
9-22
B. Business Tax required. In conjunction with the Home
Occupation Permit the applicant shall obtain a Business License in compliance with Municipal Code Chapter 5.08
Business �ax .
Chapter 9.40 Home Occuoation Permits
9.40.070 Compliance with Standards
Home occupations shall comply with the applicable
locational, developmental, and operational standards
specified in Section 6.20.080 Home Occupat1ons1 as well as any conditions or terms imposed on the Home Occu
pation Permit.
9.40.080 Findings and Decision
The Director shall review all applications and shall record the decision in writing with the findings on which the
decision 1s based. The Director 1or the Commission on a referral) may approve a Home Occupation Permit applica
tion, with or without conditions, only after first making all of the following findings:
A. The proposed home occupation will:
1 Be consistent with the General Plan, any applicable
specific plan, and the development and design standards of the subject res1dent1al zone· 2 Be listed as an allowable use in Article 3 Specific to Zones),
3. Comply with the applicable locational developmental
and operational standards specified in Section 6.20.030 Home Occupations) as well as any conditions or terms
imposed on the Hor,e Occupation Permit and
4. Be clearly 1nc1dental and secondary to the use of
the dwelling for residential purposes and be com
patible with surrounding residential uses.
B. The proposed home occupation will not:
1. Be detrimental to the public convenience health
interest, safety, or welfare. or materially inJurious to the properties or improvements in the immediate
vicinity·
2. Interfere with the use or enjoyment of neighboring
existing or future residential developments, and will
not create traffic or pedestrian hazards: and or
3 Create vehiclular traffic improvement with the
neighborhood environment.
9.40.090 Conditions of Approval
In approvmg a Home Occupation Permit application. the
Director (or the Commission on a referral may impose
conditions or terms e.g., buffers, hours of operation
landscaping and maintenance lighting, parking, perfor
9.40.100 Permit Expiration
When a home occupation has been discontinued for at
least 90 clays the Home Occupation Permit shall irnmed1 ately expire.
mance guarantees, property maintenance surfacing,
time limits, traffic circulation etc. deemed reason
able and necessary to ensure that the approval would
be in compliance with the purpose of this Chapter.
9-23
Chapter 9.40 Home Occupation Permits
9.40.110 Acknowledgement
An approved Home Occupation Permit shall not be
valid until signed by the applicant, with the signa
ture acknowledging the applicant s full understanding and agreement with all of the conditions, and agreement to waive any right to later challenge any
conditions imposed as unfair, unnecessary, or unrea
sonable.
9.40.120 Permit Not Transferable
A. Not transferable
The Home Occupation Permit is not transferable to
another resident.
B. New permits required
A new Home Occupation Permit, for the same or different home occupation conducted by a new resident, shall be
obtained before conducting an allowed home occupa
tion
9.40.130 Changes in Home Occupation
A change in the type of home occupation activity
e.g., a change from one allowed activity to another
allowed act1v1ty1 conducted by the original resident,
perm1ttee shall also require a new Home Occupation
Permit before conducting an allowed home occupa
tion
9.40.140 Post Decision Procedures
The procedures and requirements in Chapter 9.90
Permit mplementat1on Time Limits, and Ex ten
s1ons , and those related to appeals (Chapter 10.20
ard modifications and or revocations Chapter 9.100)
shall apply following the decision on a Home Occupa
tion Permit application.
9-24
Chapter 9.50 Reasonable Accommodations
Purpose
Applicability
Sections:
9.50.010
9.50.020.
9.50.030
9.50.040
9.50.050
9.50.060
9.50.070
Application Requirements
Review Authority
Review Procedures
Findings and Decision
Rescission of Approval of Reasonable
Accommodation
9.50.080 Post Decision Procedures
9.50.010 Purpose
A. The Acts
Chapter 9.50 provides a procedure to request Reason
able Accommodation for persons with disabil1t1es seeking equal access to housing under the California Fair Employ ment and Housing Act. the Federal l=air Housing Act. and the Americans with Disabilities Act ADA also known as
the Acts in the application of zoning laws and other land use regulations, policies, and procedures.
9.50.020 Applicability
A. Eligible Applicants
1. A request for Reasonable Accommodation may be
made by any person with a disability, their represent
at1ve or any entity, when the application of a zoning
law i.e. development standard or other land use
regulation, policy or practice acts as a barrier to fair housing opportunities.
2. A person .v1th a disability is a person who has a physi cal or mental 1mpairmer,t that limits or substantially
limits one or more major life activ1t1es anyone vho is
regarded as having this type of impairment, or any
one who has a record of this type of impairment.
B. Adjustment to Physical Design Standards
A Reasonable Accommodation is typically an adjust
ment to physical design standards e.g., setbacks to
accommodate the placement of wheelchair ramps or
other exterior mod1ficat1ons to a d· velling 10 response to the needs of a disabled resident
3 This Chapter is intended to apply to those per
sons who are defined as disabled under the Acts.
B. Eligible Request
1. A request for Reasonable Accommodation may
include a modification or exception to the prac
t1ces, rules, and standards for the development
s1t1119, and use of housing or housing related
facilities that would eliminate regulatory barriers
ar,d provide a person with a disability equal op
portun1ty to housing of their choice.
9-25
Chapter 9.50 Reasonable Accommodations
9.50.020 Applicability
2. A request for Reasonable Accommodation shall
comply with Section 9.50.030 (Application Re
quirements), below.
9.50.030 Application Requirements
A. Filing
An application for a Reasonable Accommodation
shall be filed and processed in compliance w,th
Chapter 9.10 .Application Processing Procedures
B. Required Data
The application shall include the information and
materials specified in the Department handout for
Reasonable Accommodation applications, together
with the required fee.
9.50.040 Review Authority
A. Director
A request for Reasonable Accommodation shall be
reviewed. and a decision shall be made, by the Direc
tor if no approval is sought other than the request for Reasonable Accommodation.
9.50.050 Review Procedures
A. Director's Review
The Director shall make a written dec,s,on and either
approve approve with modifications, or deny a re
quest for Reasonable Accommodation in compliance
with Section 9.50.060 Findings and Demian .
B. Other Review Authority
I. The written decision on whether to approve or
deny the request for Reasonable Accommodation
shall be made by the authority responsible for re
viewing the discretionary land use appltCation in
compliance vvith the applicable review procedure
for the discretionary review.
9-26
C. Filing with Other Land Use Applications
If the proJect involves both a request for Reasonable
Accommodation and some other discretionary approval
(e.g., Use Permit, Site Plan and Design Review, etc. , the applicant shall file the information required by Subsec tion A .. above, together with the materials required for the other discretionary approval.
D. Responsibility of the Applicant
It ,s the responsibility of the applicant to provide evidence in support of the findings required by Section
9.50.060 cindings and Decision,.
B. Other Review Authority
A request for Reasonable Accommodation submitted for
concurrent review with another discretionary land use
application e.g., Use Permit shall be reviewed and ap
proved or dented) by the authority reviewing the discre tionary land use application.
2. The decision to approve or deny the request for
Reasonable Accommodation sJ1all be made in cornpl1
ance with Section 9.50 060 Findings and Decision .
Chapter 9 50 Reasonable Accommodations
9.50.060 Findings and Decision
A. Findings
The written decision to approve, approve with modifica
tions, or deny a request for Reasonable Accommodation
that will be consistent with the Acts shall be based on consideration of all of the following factors:
1. Whether the housing, which is the subject of the
request. will be used by an individual defined as disa
bled under the Acts;
2. Whether the request for Reasonable Accommodation
is necessary to make specific housing available to an
individual with a disability under the Acts·
3. Whether the requested Reasonable Accommoda
tion would impose an undue financial or admtnistra
tive burden on the City evaluated using the factors
specified in Cal. Ad min Code tit. 2 § 121 79 d . 1nclud 1119 cost the City's financial resources, benefits that alternative accommodations would provide to the
1ncl1vidual Y'llth a disability, arc! availability of alter natives that would effectively meet the individual's
disability related needs;
4. \Nhether the requested accommodation would not
constitute a direct threat to the health or safety of
others or would cause substantial physical damage
to property of others ,vhere such risks cannot be suf
ficiently mitigated or elimmated by another reason
able accomrnodatioP, evaluated using the objective
assessment criteria specified in Cal. Admin. Code tit.
2, -§ 12179(b)(3 ; and
5. Whether the requested accommodation would
not constitute a direct threat to the health or safe
ty of others or would cause substantial physical
damage to property of others where such risks
cannot be sufficiently mitigated or eliminated by
another reasonable accommodation, evaluated
using the objective assessment cnterIa specified
in Cal. Admin. Code tit. 2. § 121791bJ 3 .
B. Conditions of Approval
In approving a request for Reasonable Accomrnoda
tion, the review authority may impose conditions
of approval deemed reasonable and necessary to
ensure that the Reasonable Accommodation will
comply with the findings required by Subsection A.
Findings'.
9.50.070 Rescission of Approval of Reasonable
Accommodation
A. Rescission
1. An approval or conditional approval of an applica
tion made 111 compliance with Chapter 9.10 may be
conditioned to provide for Its rescission or automatic
expiration under appropriate circumstances e.g .. the
individual defiPed as disabled under the Acts vacates
tre subject site etc. , unless allowed to remain Ir
compliance with Subsection 3 belo•v.
2. If rescinded or is subject to automatic expiration,
the improvement made in compliance with the
originally approved Reasonable Accommodation
shall be removed from the subject property in
compliance with Subsection B. 2
9-27
Chapter 9.50 Reasonable Accommodations
9.50.070 Rescission of Approval of Reasonable
Accommodation
8. Discontinuance
1. A Reasonable Accommodation shall lapse 1f the
exercise of rights granted by it is discontinued for
at least 180 consecutive days.
2. If the persoI' s) 1n1tially occupying a residence
vacates, the Reasonable Accommodation shall
remain in effect only 1f the review authority first
determines that:
a. The mod1ficat1on Is physically integrated into
the res1dent1al structure and cannot easily be
removed or altered to comply with this Zon
ing Code; or
b. The accommodation is to be used by another
qualifying individual with a disability.
3. The review authority may request the applicant or
the successor(s) In interest to the property to provide documentation that subsequent occupants are quali
fying persons with disabilities.
4. Failure to provide the documentation within 30 days
of the date of a request by the review authority shall
constitute grounds for discontinuance by the City of a
previously approved Reasonable Accommodation.
5. Discontinuance shall require that the improvement
made In compliance with the originally approved
Reasonable Accommodation shall be removed from
the subiect property.
9.50.080 Post Decision Procedures
The procedures and requirements In Chapter 9.90
(Permit Implementation Time Limits, and Exten
sIons1 and those related to appeals !Chapter 10.20
and 1v1od1fications and Revocations Chapter 9 1 00l
shall apply following the decision on a Reasonable
Accommodation application.
9-28
Chapter 9.60 Architectural Design and Site Plan Review
Purpose
Applicability
Sections:
9.60.010
9.60.020
9.60.030
9.60.040
9.60.050
9.60.060
9.60.070
Review Authority
Application Requirements
Findings and Decision
Post Decision Procedures
Appeal
9.60.010 Purpose
A. Purpose
The purpose of Chapter 9.60 Is to provide a process for the appropriate rev ew of construction and developmerit proJects.
9.60.020 Applicability
A. When Required B. Exemptions
Arch1tectura1 Des gn and Site Plan Review shall be re
quired for:
1. All authorized uses·
2 A change of use resulting 1n a change in the number
of dwelling u111ts. parking spaces. or floor area of 25 percent or more
3. Structures erected to accommodate any of the land
use act1vit1es listed in Article 3 Specific to Zories
4. f\Jonstructural remodeling of a build111g facade that affects 25 percent or more of the exterior elevation
of the buildirig v•s1ble from an adJacent pL,blic street with either a s111gle or cumulative remodelling or
5. Smgle or cumulative renovations to ex1stI11g nor
residential structures that result 111 an increase 1n tl�e gross floor area of more than 400 square feet �xcept
for those specified in Subsection B Exemptio11s .
-he tol1ow1119 are exempt fror, the requ remer.t for
Architectural Des1gf' af'd Site Plan Revie#.
1 ::>etacred s111gle far,-,ily dwellings up to two or
one lot or parcel where permitted by the zone.
1nclud111g a proposed s111gle family res1de11ce
located on a parcel that 1s not part of a platted
subd·v1s1on , duplexes. and related acces)ory uses
and buildings in approved subd1v1s1ons
2. A development for which Architectural Design
and Site Plan Review has been previously granted
under tre conditions of a Use Permit, Variarice. or
Minor Use Permit issued '" compliarice v1tr th s
Zo1�1ng Code·
3 ·'v1inor structural add1t1ons and alterations. 1nclud ing single or cumulative building c1dd1t101�s of 400
square feet or less·
9-29
Chapter 9.60 Architectural Design and Site Plan Review
9.60.020 Applicability
4. Interior tenant alterations or improvements
which do not affect parking requirements or
exterior building appearance
5. Nonstructural remodeling of a building facade
that affects less than 25 percent of the exterior
elevation of the building visible from an adjacent
public street with either a single or cumulative
remodelling·
9.60.030 Review Authority
The Architectural Design and Site Plan Review ap
plication required by Chapter 9.60 shall be reviewed
and approved by the Comm1ss1on in compliance with
procedures set out in Chapter 9.1 0 Permit Processing
Procedures1 and in compliance with Chapter l 0.20
Appeals,.
6. Changes of use to a use of equivalent intensity or a less intensive use as determined by the Director; and
7. Housing projects that meet the criteria for ministerial review established by State law.
9.60.040 Application Requirements
A. Application Filing
An application for a Architectural Design and Site
Plan Review shall be filed and processed in com
pllance ,v1th Chapter 9.10 Application Processing
Procedures/.
9.60.050 Findings and Decision
A. Decision
1. The Commission may approve, conditionally ap
prove. or deny any application following the close
of the public hearing on the matter or within 35
days thereafter by resolution 1n compliance with
the findings specified in Subsection B Findings).
2. The decision shall be final, subject to appeal in
compliance with Chapter 10.20 Appeals 1.
3. In the event that the Commission is unable to
reach a majority dec1s1on. as evidenced by a
tie vote, the applicant shall have the option of
continuing the public hearing until such time as
a maJority vote can be obtained or consider the
application denied.
9-30
2. The application shall include the information and
materials specified in the Department handout for Ar
ch1tectural Design and Site Plan Review applications,
together with the required fee
8. Findings
The Planning Commission may approve an application for
Architectural Design and Site Plan Review only after mak ing the following findings that the application.
1. Is consistent with the goals and policies of the City s General Plan and meets applicable district develop
ment standards;
2. Meets the minimum applicable requirements of this
title and is in compliance v1th all other applicable
laws, ordinances, and regulations of the City ofTe
hachapi and the State of California,
3. Will not be materially detrimental to the health.
safety and welfare of the public or to property and
residents in the vicinity·
Chapter 9.60 Architectural Design and Site Plan Review
9.60.050 Findings and Decision
4. Complies with the terms and provisions of any prior
zone change approval or Cond1t1onal Use Permit;
5. Adequately and safely provides for vehicular or
pedestrian safety both on and off site. by reason of
properly arranged vehicular or pedestrian ingress and
egress and internal circulation, or that excessive traf fie congestion will not be created:
6. Makes adequate provision to protect adjoining prop
erties and structures from excessive and unreason
able nlllsances. including for example noise. vibra
t1ons, gases or odors. which might interfere with the
use and enJoyment of surrounding properties;
7. Is consistent with the applicable provisions of the
California Environmental Quality Act and the State
CEQA Guidelines· and
8. The proposed land use site and architecture promote
a design consistent 1,v1th and appropriate for the
location. and consistent with the intended physical
environment of the zoning district.
C. Written Notice
Written notice of such decision shall be given by mail
within seven calendar days after the appeal period
ends, to the applicant and any person filing a written
request for notice of the decision.
9.60.060 Post Decision Procedures
The procedures and requirements 111 Chapter 9.90 Permit mplementation Time Limits and Extensions, and those
related to appeals Chapter 10.20 and Modifications and
Revocations Chapter 9.1001 shall apply following the
decision on a Site Development Plan Permit appl1cat1on.
9.60.070 Appeal
1 Any interested person that is adversely affected by a dec1s1on of the review authority, may file an appeal to the City Council. '1752.01 o·
2. Any such appeal shall be filed with the clerk of the city within 10 days after the action of the review
authority from which the appeal ,s being taken ,n
compliance with Section 10.20 Appeals . 17 52.020;
9-31
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9-32
Chapter 9.65 Ministerial Housing Approval
Purpose
Applicability
Sections:
9.6:, .U I U
9.65.020
9.65.030
9.65.040
9.65.050
9.65.060
9.65.070
Application Requirements
Rev,evv Authority
Review Procedures
Post Decision Procedures
Appeal
9.65.010 Purpose
This Chapter establishes mm1ster;a rt>view ard approval procedures for projects that meet specific criteria estab lished by State law Projects subject to ministerial review under this Chapter are r.ot subject to discretionary rev1e� under Chapter 9.60 Architectural Design and Site Plan
Review.
9.65.020 Applicability
This Crapter app11es to housing development projects
meeting one or more of the followiPg criteria:
A. Housing development projects including transitioPal
housing. supportive housing, a,..,d employee hous1rig
that comply •1th applicable objective General Dian.
zoning, and subdivision standards and er teria, pursu
ant to the Housing Accountability Act Government
Code �65589.5
B. Emergency shelters pursuant to Government Code
965583 et seq.
C. Affordable hous1rg developmert prOjeCts or
land owred by religious mst1tut1ors or 1ndepend
ent mst1tut1ons of higher education that meet
the elig1bil1ty criteria established 1n Governmer't
Code 96591 3. 16.
D Supportive housing developments that meet the
use by right er teria established II' Goverrrnent
Code §65650 et seq .. and
E. Low barrier navigation centers meeting the
requirements of Governrne1't Code �65660 et seq.
9-3 3
Chapter 9.65 Ministerial Housing Approval
9.65.030 Application Requirements
A. General Requirements
Applications under this Chapter shall be filed in
compliance with Chapter 9.10 Application Process
ing Procedures' and shall include materials specified
in the Department handout for the applicable proJect
type. Ministerial review under this Chapter requires
only demonstration of compliance with applicable
objective standards and does not require findings.
The application shall include the required fee
B. Housing Accountability Act Projects
In add1t1on to the general requirements in Subsection
A, applications for projects under Section 9.65.020.A
shall demonstrate compliance with all applicable ob
jective general plan, zoning, and subdivision stand
ards in effect at the t me the application is deemed
complete pursuant to Government Code §65589.5 j.
C. Religious or Higher Education Institution
Projects
n addition to the general requirements in Subsection
A, applications for projects under Section 9.65 020.C
shall include documentation demonstrating elig1bil
Ity under Governr'lent Code §65913.16 including:
Evidence that the applicant Is a religious rn
st1tution or 1t"dependent rnstitutIon of higher
education as defined in Governr1ent Code
�65913.16 b 6 and 7 and
9.65.040 Review Authority
Tre Director shall approve or deny applications under
this Chapter based solely on compliance witr appli
cable ob1ect1ve standards.
9.65.050 Review Procedures
A. Completeness Determination
Pursuant to Government Code §65943. within 30
days of receiving an application uPder this Chapter,
the Director shall determine whether the appl1cat1on
Is cor,plete c1nd I ot1fy the applicant in rit ng f tre appl1cat1on Is incornplete, the notice shall specrfy
v1th particularity the missing information If the Di
9.34 2. Proposed deed restrictions, covenants or other
enforceable mechanisms demonstrating compliance
with the affordability requIrernents 111 Government
Code §6591 3.16 cI
D. Supportive Housing Projects
n add1t1on to the general requirements in Subsection A. applications for projects under Section 9.65.020.D shall include documentation demonstrating eligibility under
Government Code §65651, including.
1. Proposed deed restrictions. covenants, or other en
forceable mechanisms ensuring affordability of 100
percent of units 'excluding managers units to lower
income households for 55 years·
2 Evidence of commItrnent or approval for public
funding as required by Health and Safety Code
�50675 14,b 3 · and
3 Documentation demonstrating that at least 25
percent of units or 12 units, Nh1chever s greater will
be restricted to the target population as defined in
rlealth and Safety Code §50675.14,b 2
E. Low-Barrier Navigation Centers
In addition to the general requirements in Subsection A, applications for proiects under Section 9.65.020.r shall include the materials specified n Section 6.20.190 B Re quIrer1ents .
rector does not provide written notice within 30 days, the appl1cat1on shall be deemed complete. Upon resubmit
tal of additional 1nformat1on the Director shall have 30 days to review and notrfy the applicant of any remaining deficiencies.
Chapter 9.65 Ministerial Hous·nc Aoproval
9.65.050 Review Procedures
B. Housing Accountability Act Projects
For proiects under Section 9.65.O2O.A.
1. Inconsistency Notice. Pursuant to Government Code
�65589 5 j 2 if the Director considers a project un
der Section 9.65.O2O.A to be inconsistent with appli
cable obJective standards the Director shall provide
written documentation 1dent1fy1ng the specific provI
sions and explaining the inconsistency within:
a. 30 days after the application Is determined to be
complete for projects of 150 or fewer units. or
b. 60 days after the application Is determined to be
cornplett for proiects of more than 1 50 units.
If the Director fails to provide such documentation
within the required timeframe, the proiect shall be
deemed consistent with applicable standards
2. Decision Timeline. The Director shall approve or
dery the appilcat,011 vith1r the t1mefrar1es specified
•n Government Code §65950.
C. Emergency Shelters
For proiects under Section 9.65.020.8, the Director srall approve or deny the application based solely or corn
pliance with applicable objective standards within the
t1r1efrarnes specified In Government Code �65950.
D. Religious or Higher Education Institution Housing
Projects
=or proiects undu Section 9.65.O2O.C
, Inconsistency Notice. Pursuar't to Goverr,me0t Code
£i6591 3 '6 I 1 if the Director considers the proiect
to be 10 conflrct witr applicable obiective standards.
the Drr"'ctor shall provide wrttten documentation
identifying the specific standards and explaining the
conflict within.
a. 60 days of submittal of the application for pro
jects of 1 50 or fewer units; or
b. 90 days of submittal of the application for pro
jects of more than 150 units.
f the Director fails to provide such documentation
within the required t1rneframe, the project shall be
deemed to satisfy the objective standards.
2. Decision Timeline. Pursuar t to Go1,err,ment
Code §65913.16 l)tS . the Director shall complete
review and approve or deny the application
within:
a. 90 days of submittal of the applicatio0 for
proiects of 150 or fewer units; or
b. 180 days of submittal of the application for
projects of more than 150 units.
E. Low-Barrier Navigation Centers
For proiects under Section 9.65.O2O.E:
1 Completeness Notice. Pursuant to Government
Code �65664, w1th1n 30 days of recerpt of an ap
pl1cat1on the Director shall notify the applicant
whether the application is complete.
2 Decision Timeline. Within 60 clays of receipt of
a completed application. the Director shall ap
pro1e or cle0y th2 application. \Jo public hearing
shall be required. and the application shall not
be subject to a conditional use perm rt or other
discretionary review.
9-35
Chapter 9.65 Ministerial Housing Approval
9.65.060 Post Decision Procedures
A. Effective Date C. Expiration and Time Extensions
Dec1s1ons under this Chapter shall become effective
immediately upon approval.
B. Recordation of Affordability Restrictions
For projects that require affordability covenants.
deed restrictions. or other enforceable mechanisms
such instruments shall be recorded with the County
Recorder prior to issuance of building permits.
9.65.070 Appeal
Dec1s1ons made pursuant to this Chapter are min1ste
rial and are not subject to administrative appeal. Any
challenge to a dec1s1on under this Chapter must be
brought in accordance with applicable provisions of
State law
9-36
Except as otherwise provided by State law governing
the specific project type the provisions of Chapter 9.90 Permit mplementation, Time L1m1ts and Extensions
regarding expiration and time extensions shall apply to approvals under this Chapter.
Chapter 9.70 Temporary Use Permit
Purpose
Applicability
Review Authority
Applicdtion Requiren,ents
Exempt Short-term Activities
Exempt Temporary Uses
Allowed Short-term Activities
Notice and Hearing
Findings
Conditions of Approval
Sections:
9.7u.u I u
9.70.020
9.70.030
9.70.040
9.70.050
9.70.050
9. 70.060
9. 70.070
9.70.080
9.70.090
9.70.100
9.70.!10
Condition of Site Following Temporary Use
Post Decision Procedures
9.70.010 Purpose
�his Chapkr �stabl1shes procedures and standards for
Temporary use Permits for the short term activities
specified in this Section These are act1vit1es that may not comply with particular standards of the applicable zone,
9.70.020 Applicability
A Temporary Use Permit 1s required to allow the short
term act1vit1es specified in this Chapter.
9.70.030 Review Authority
The Director 1s authorized to approve, conditionally ap prove, or deny Temporary Use Permits.
but rriay otherwise be acceptable because of tl'eir
temporary nature. if reviewed and appropriatt'ly con
dit1oned in COl"'lpliance with this Chapter.
9.70.040 Application Requirements
A1� application for a Temporary Use Permit shall be pre pared, filed and processed r cor1pl1ance with Sect1or
9.10.040 IApplicat,on Preparation and Filling
9-3 7
Chapter 9.70 Temporary Use Permit
9.70.050 Exempt Temporary Uses
The following activities are allowed without a Tern
porary Use Permit, but may require other permits as
specified.
A. Construction yards - On-site
On site contractor s construction yard for an ap
proved construction proJect including storage or
cargo containers. The construction yard shall be
removed immediately upon completion of the con
struction project. or the expiration of the building
permit authorizing the project construction, which
ever occurs first.
B. Emergency Facilities
Emergency public health and safety needs land use
act1vit1es. as deterr-i,ned by the Council.
C. Garage Sales
Garage sales may be held in compliance with the fol
lowing standards:
1. Sales last no longer than two days,
2. Sales are held 00 more than three times yearly·
3. Sales are conducted on the owner s or tenant s
property. Multiple family sales are permitted if they
are held on the property of one of the participants,
4. No goods purchased for resale may be offered for
sale·
5 No consignment goods may be offered for sale·
6. All directional and advertising signs shall be free
standing and removed after completion of the sale,
7. No signs on utility poles;
8. All directional and advertising signs placed on private property shall have the owner's permission,
9. No directional or advertising signs may be larger
than two feet by three feet. [ 18 1 2.060 18.16.060,
18.18.060,
10. Any garage yard sale not in compliance with the con d1tions specified n this Subsection is hereby declared
to be unlawful and a public nuisance.
D. Special Event Permits
A Special Event Permit shall be obtained from the before conducting athletic events, parades. and public assem
blies. occurring on or within the public rights of way or other publicly owned property.
9.70.060 Allowed Temporary Uses
Temporary Use Permits may authorize the following
short term actIvItIes w1th1r tht. specified time limits, but in no event for more than 1 2 months. Activ1t1es
that do not fall within tre categories defined below
shall comply with the development permit require
men ts and development standards in Article 3 Spe
c1fic to Zones .
A. Events
Art and craft exhibits. carnivals, circuses, fairs, farmer s markets. festivals flea markets, food events. open air
theaters, outdoor entertainment sporting events,
promotional ever.ts rur,mage sales, swap meets, and
other specIa1 events.
9-38
B. Seasonal Sales Lots
Seasonal sales actIvItIes (e.g., Christr,as tree lots. pump kins agricultural products growr on the premises, etc.
including temporary residence security trailers
C. Model Homes & Sales Office
A model home s and or sales office associated with a
residential project.
D. Mobile Businesses
A mobile business compatible .v1th the applicable zone
and surrounding land uses shall operate 111 compliance
,vith Title 5 of the Tehachapi Municipal Code
Chapter 9.70 Temporary Use Permit
9.70.060 Allowed Temporary Uses
E. Temporary Vegetable and Fruit Stands
A temporary vegetable and or fruit stand in compliance
with the following standards
1. Vegetable and fruit stands shall be operated by the
producer and on premises controlled by the pro
ducer.
2. Products sold shall be limited to shell eggs and crops that are grown by the producer as regulated by State
law non potent1a ly hazardous prepackaged food
products from an approved source that were grown
or produced in close proximity to the stand· and agn
cultural and food preparation related items.
3. Agricultural and food preparation related items shall be limited to 25 io of the total storage and sales area of the stand.
4 There shall be no more than one stand per lot.
5 Stands shall meet the setback standards of the zone
in which they are located.
6. No building shall have more than 1.500 square feet of indoor sales area and shall have a total enclosed area
of no rnore than 3.000 square feet.
F. Temporary Structures
A temporary 1...lassroom, office, or sir1ilar structure not for storage including a manufactured or mobile unit, may
be approved as an accessory use for a maximum of 12
r'onths.
9.70.070 Notice and Hearing
A public notice and hearing shall not be required for the Director s decision on a Temporary Use Permit.
G. Temporary Storage Containers
A temporary storage or cargo container not assoc1
ated with an active building permit r-iay be approved
for a maximum of 30 days. The storage container
shall be located on site
H. Temporary Office and Living Quarters
A trailer or mobile home used as a temporary work
and or living quarters when associated with an active
construction site
I. Temporary Signs
Temporary signs in compliance with Article 7 Signs)
J. Similar Short-term Activities
A short term activity that the Planning Manager de
termines 1s similar to the other activities listed in this Section. and compatible with the applicable zone and
surrounding land uses.
9-39
Chapter 9.70 Temporary lJse Permit
9.70.080 Findings
The Director may approve a Temporary Use Permit
subject to making all of the following findings:
A. The location, operation and time period of the
temporary use .viii not constitute a hazard to the
public interest health, safety or general welfare.
B. The operation of the temporary use will not be
detrimental to adjoining properties through the
creation of excessive dust. light, noise, odor or
other objectionable characteristics.
C The proposed lot 1s adequate in size and shape
to accommodate the temporary use without
detriment to the enjoyment of other proper
ties located adjacent to and 1n the vicinity of the
subject lot.
D. The proposed lot 1s adequately and safely served by
streets having sufficient capacity and improvements
to accommodate the quantity of traffic that the tern
porary use will or could reasonably be expected to
generate.
E Adequate temporary parking to accommodate
vehicular traffic to be generated by the use will be
available either on site or at an acceptable off site
location.
F. The location of the temporary use 1s within private
property as authorized by the property owner and
will not occur within public right of way.
9.70.090 Conditions of Approval
,n ;ipprov111g a Temporary Use Permit application.
the Director may impose conditions that are deel'l'ed
reasonable and necessary to ensure that the per
mit would be in full compliance v1th the findings
required by Section 9.70.080 Findings This may
include conditions from other City departments e.g.,
Police FirP and Public Works: that may have a direct
affect on the operation of the temporary use. Condi
tions may address any pertinent factors affecting the
operation of the temporary event or use to ensure
that the operation of the proposed temporary event
or use.
9.70.100 Condition of Site Following Temporary Use
Each site occupied by a temporary use shall be
cleaned of debris. litter or ary other evidence of the
temporary use upon completion or removal of the
use and shall continue to be used 111 compliance with
this Zoning Code
9.70.110 Post Decision Procedures
The procedures and requirements in Chapter 9.90
Permit mplementation. Time Limits, and Exten
s1ons,, and those related to appeals Chapter 10.20
and Modifications and Revocations Criapter 9.1001
shall apply following the dec1s1on on a Temporary Use
Permit application.
9-40
Chapter 9.75 Minor Modifica tions
Chapter 9.75 Minor Modifications
Sections:
9.75.010
9.75.020
9.75.030
9.75.040
9.75.050
9.75.060
9.75.010
Purpose
Applicability
Application Requirements
R e v i e vv, N o t i c e, a n d H e a r i n g
Fin d ings and Decision
Post Decision Procedures
Purpose
The purpose of this Chapter Is to enable the Director
to approve minor deviations from Zoning Code stand
ards when such requests constitute a reasonable use of
property but are not otherwise perm1ss1ble under the
strict app.icat on of this Zon ng Code. An author1zat1or. to approve a f'vlinor Modification does not extend to making any changes in the uses perm:tted 111 ary zore.
9.75.020 Applicability
This Chapter Is applicable to all development standards of tb1s Zoriing Code The Director may approve a M nor
,\.1od1f1cation for only those items specified In Table A Types of Minor \-1odifications Allowed , and only after first mak ng the findings specified in Subsect1ori 9 75 050 and table A Types of Minor Modification Allowed .
9 41
Chapter 9.75 Minor Modifications
9.75.020 Appl ica bi I ity
2 3
4 5
6 7
8 9
10 11
12 13
Type of Minor Modification Allowed
An increase in lot coverage in residential
zones.
An increase in lot coverage in commercial or
industrial zones.
An increase or decrease in the minimum or
maximum width or depth of a building or a
portion of a building in all zones.
A reduction in the minimum amount of linear
frontage required.
An increase or decrease of the minimum
or maximum required setback for primary
buildings in all zones.
Allow an addition to an existing structure
located as close to the property line as any
existing encroachment.
An increase or decrease in the standards for
building frontages.
An increase or decrease of the minimum
facade zone standards.
An increase in allowable building height.
An increase of the allowed maximum height
of a fence or wall.
A reduction in the minimum number of
required parking spaces (as applicable).
An increase in the allowed height and area of
a permanent sign.
A reasonable deviation from the prescribed
standards where necessary to install features
that facilitate access and mobility of disabled
person with limited mobility.
Additional Required Findings
The building is consistent with the intent of the zone and all other applicable standards of the zone.
The building is consistent with the intent of the zone and all other applicable standards of the zone.
The building is consistent with the intent of the zone; and/or topographic constraints limit the ability to create an interconnected network of streets and blocks.
The building is consistent with the intent of the zone and all other applicable standards of the zone; and may not be combined with any modification to frontage dimensions.
Existing building(s) on adjacent lots on the same block face is/are greater or less than the required setback;
and the variation will allow the proposed project to be aligned with the adjacent building(s).
The building is consistent with applicable Fire Code and Building Code limitations.
The building is consistent with the intent of the zone and all other applicable standards of the zone; and may not be combined with any modification to the facade zone
The building is consistent with the intent of the zone and all other applicable standard of the zone.
The building is consistent with the intent of the zone and all other applicable standards of the zone.
The use of the lot Is consistent with the intent of the zone and all other applicable standards of the zone; and/or the height increase is justified by topographic considerations The use of the lot is consistent with the intent of the zone and all other applicable standards of the zone; and/or the height increase is justified by topographic consideration The sign is otherwise consistent with all applicable sign regulations.
The building is consistent with the intent of the zone and all other applicable standards of the zone.
9.75.030 Application Requirements
An application for a Minor Modification shall be prepared, filed and processed ir compl1aPce v1,1th Chapter 9.10 Ap pl1cat1on Processing Procedures and this Chapter.
9-42
Maximum
Modificiltion
5%
10%
20%
10%
5 ft.or 20%,
whichever is
greater
400 square
feet
20%
10%
5% or 2 feet,
whichever is
greater
20%
40%
15%
Determined
on a case-bycase basis
Chapter 9.75 Minor Modifications
9.75.040 Review, Notice, and Hearing
A. Each Minor Modification application shall be re
viewed on an ind1v1dual case by case basis. The ap
proval of a prior Minor Mod1ficat1on is not admissible
evidence for the approval of a new Minor Modifica
t1on.
B. A public notice and hearing shall not be required for the Director s decision on a Minor Mod.ficat1on.
9.75.050 Findings and Decision
The Director shall approve, with or without conditions, a Minor Mod1ficat1on application, only after the following findings are made:
A. There are special circumstances applicable to the
property 1e.g., size, shape, topography location, sur
roundings, etc.)·
B. The special circumstances applicable to the property are not self imposed by any person presently having
any interest in the property·
C. The requested Minor \Aodification will not allow the establishment of a use that 1s not otherwise allowed
111 the zone·
D. Grart1ng the ;'vii nor ,'v1od1ficat1on will not be materi ally detrimental to the public health, safety or welfare and will rot impair an adequate supply of light and
air to adjacent property;
�- �he development is consistent witr the Gereral Plan
and any applicable specific plan; and
F. The development will comply with all other standards or requirements set forth in this Code.
9.75.060 Post Decision Procedures
Unless otherwise specified 1n this Chapter, the procedures and requirements in Chapter 9.90 Permit lmplementa
ton rme Limits. Extensions ChaptPr 10.20 Appeals
and Chapter 9.100 Permit Mod1ficat1on and Revocation)
shall apply followirg the decision or a Minor "vlod1fica t1on.
9-43
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9-44
Chapter 9.80 Variances
Purpose
Applicability
Sections:
9.80.010
9.80.020
9.80.030
9.80.040
9.80.050
9.80.060
9.80.070
9.80.080
Review Authority
Application Requirements
Findings and Decisions
Precedents
Conditions of Approval
Post Decision Procedures
9.80.010 Purpose
A. Where special physical rncumstances exist limiting
the development of a particular property in accord
arce with development standards of a zone relief
from the development standards n-,ay be secured by
tre grant111g of a variance from those standards.
9.80.020 Applicability
The Comrn1ss1on may approve a Variance that allows for
any adJustment from any of tre development standards
required by this Zoning Code, and only after first making the findings specified in Section 9.80.050 Findings and Dec1s1on.
9.80.030 Review Authority
A. The Commission shall approve or deny Vanance
applicat1ors. and impose cond1t1ons deemed reason
able and necessary to preserve the public conven1
ence, health interest, safety or welfare, and necessary to r"'"'ake the findings required by Section 9.80.050
Findings and Decision .
B. The granting or denial of a vanance will be based
on whether the particular rn urnst:inces conform
to the standards of this Chapter
C. Under no c1rcumstaPces will a 1,ar a1�ce fron1
permitted or conditionally permitted uses be con
sidered or graf'ted
B The Commission may approve Variances 1n com
pl1arce ,v1th Chapter 9 80 ard State aw.
9-45
Chapter 9.80 Variances
9.80.040 Application Requirements
A. Filing
1 An appl1cat1on for a Variance shall be filed and pro
cessed in compliance with Chapter 9.1 0 Appl1cat1on
Processing Procedures .
2. The application shall include the information and
materials specified in the Department handout for
Variance applicat101 s, together with the required fee.
3. It Is the respons1bil1ty of the applicant to provide evidence in support of the findings required by Sec
tIon 9.80.050 (Findings and Demion).
B. Notice, Hearings, and Appeals
1. Variances - public hearing required. A public hearing shall be required for the Commission's decision on a Variance application.
a Scheduling hearing. The public hearing shall be
scheduled once the Director has determined the ap
plication complete.
b) Giving notice. Notice of the public hearing shall be given and the hearing shall be conducted in compli
ance with Chapter 10.40 Public Hearings .
c) Appeals. The Comm1ss1on·s decision is appealable to
the Council In compliance with Chapter 10.20 AP
peals .
9.80.050 Findings and Decisions
The review authority may approve or conditionally
approve an application for a Variance if it finds all of the following
A. Special rncumstances exist applicable to the
subiect property including size, shape topogra
phy location, or surroundings, such that the strict
application of this Zornng Code deprives such
property of privileges en Joyed by other property
in the vicinity and tr. the same zone.
9.80.060 Precedents
:ach applicat1or st,a,I be reviewed on an nd1vidual
case by case basis and the approval of a prior Van
ance Is not aclm1ss1ble ev1cler.ce for the approval of a new Variance
B. The granting of the variance does not constitute a
grant of special privilege InconsIstent with the limita tions upon other properties in the vicinity and zone in which such property Is located.
C. The granting of the variance will not be materially
detrimental to the public health safety or welfare or
to property or residents in the vicinity
9.80.070 Conditions of Approval
A. Any variance granted may include such terms
and cond1t1ons as deemed necessary or appro
priate to ensure that the approval would be in
cornpl1al'ce with the findings required by Section
9.80.050 i: ndings and Decision . f no additional
terms or cond1t1ons are speofied, the variance
srall be COl'1Sidered uncond1t1onal and valid for
aI, indefinite period.
9-46
B. f the development for which a variance has been
approved pursuant to Chapter 9.80 has not com
menced, or permits for each development have not
been issued within one year of the granting of the
variance the variance shall become null ard void and
of no effect. unless an extension has been granted
by the review authority upon the -vritten request for
an extension before the exp1ratIon of the one year
period. This provision shall not apply to applications
approved m con Junction with arother d1scrr·t101'1ary
permit. In such cases, the expIratIon period shall com
cide with that of the associated permit
9.80.070 Conditions of Approval
C. All conditions of approval shall be final. and a re
quest to delete or to modify a cond1t1on to make It
less restrict ve shall only be considered at a prop
erly noticed public hearing. unless such conditions
are appealed pursuant to Chapter 10.20 (Appeals).
[18.106.050'
9.80.080 Post Decision Procedures
The procedures and requirements in Chapter 9.90 1Perm1t Implementation Time Limits. and Extensions and those
related to Appeals Chapter 10.20 and Modifications and
Revocations Chapter 9 100 shall apply following the
dec1s1on on a Variance application.
Chapter 9.80 Variances
9-47
9-48 • ' r
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I I'
Chapter 9.90 Permit Implementation, Time Limits, and
Extensions
Purpose
Conformance to Approved Plans
Effective Dates of Permits
Sections:
9.90.010
9.90.020
9.90.030
9.90.040 Applications Deemed Approved by Operation
of Law
9.90.050
9.90.060
9.90.070
9.90.080
9.90.090
Performance Guarantees
Expiration
Time Extensions
Changes to Approved Projects
Resubmittals
9.90.010 Purpose
This Chapter provides requirements for the implementa
t1on of the permits or approvals required by this Zoning Code including time limits and procedures for approving extensions of time.
9.90.020 Conformance to Approved Plans
A. Compliance
All work performed under a Building Permit for which
proJect drawings and plans have received approval by
the, Director, Commission, or Council shall be in compli ance with the approved drawings and plans, and any
conditiors of approval imposed by the applicable review authorit
B.Changes
Changes to an approved proJect shall be submitted
and processed in compliance with Section 9.90.080
(Changes to Approved Projects .
9.90.030 Effective Dates of Permits
A. Approvals, Permits, and Variances
A Certificate of Appropriateness, Use ?ermit, Horne Oc
cupat1on Perrn1t, Reasonable Accommodation, Architec
tural Design and Site Plan Review Temporary Use Permit.
Outdoor Seating Permit, Mural Permit. or Variance shall become effective 15 days following the actual date the
decision was rendered by the applicable review authority and close of the 14 day appeal period, 1f no appeal is
filed in compliance ,v1th Chapter 10.20 Appeals .
B. Plans/Amendments
1. Council actions to adopt or amend a specific plan
adopted by ordinance, this Zontng Code. Planned
Development or the Regulating Plan shall become
9-49
Chapter 9.90 Permit Implementation, Time Limits, and Extensions
9.90.030 Effective Dates of Permits
effective on the 30th day following the date the
ordinance is actually adopted by the Council.
2. Council actions to adopt or amend the General
Plan or a Specific Plan adopted by resolution) shall
become effective on the actual date the decrsion is
rendered by the Council.
C. Issued on the Effective Date
Permits, certificates, and. or other approvals shall not be issued until the effective date; provided, that no appeal of the review authority s decision has been filed, rn compli a nee with Chapter 10.20 (Appeals).
9.90.040 Applications Deemed Approved by Operation of Law A. Applicable Provisions
A permit application deemed approved by operation
of law in compliance with Government Code Section
65956 b shall be subject to all applicable provisions
of this Zoning Code which shall be fully satisfied by
the applicant before a Building Permit is issued or a
land use not requiring a Building Permit is exercised
or established.
B. Public Notice
The permit application shall be deemed approved only
if the application received proper notice in compliance with Chapter 10.40 Public Hearings'.
9.90.050 Performance Guarantees
A. Deposit of Security
1. As a condition of approval of a Certificate of Appro prrateness, Use Permit, Home Occupation Permit,
Reasonable Accommodation, Architectural De
sign and Site Plan Review, Temporary Use Permit,
Outdoor Seating Perm rt. Mural Permit.or Variance.
upon a finding that the CiWs health safety. and
welfare warrant. the revievv authority may require
the execution of a covenant to deposit security and
the deposit of security in a reasonable amount to
ePsure the faithful performance of one or more of
the conditions of approval of the permit or approv
al in the event that the obligor fails to perform.
2. The applicant. owner may offer to provide ad
equate security for the faithful performance of a
condition s, of approval imposed as part of the
approval process if the Director determines that the
condition(s may be implemented at a later speer
fied date e.g., inability to install required landscap
ing due to weather cond1t1ons
3. The security shall, as required by law or other1v1se at the option of the City. be 1n a form which rn
eludes but is not limited to cash a certified or cash
iers check, letter of credit, or a performance bond
executed by the applicant and a corporate surety
9-50
authorized to do business in California and approved by the City.
4. The security shall remain in effect until all of the secured conditions have been performed to the satisfac tion of the Director.
5. Security required in compliance wrth this Section shall be payable to the City.
B. Release of Security
Upon satisfactory compliance with all applicable provi
sions of thrs Section, the security deposit shall be re leased.
C. Failure to Comply
1. Upon failure to perform any secured condition s . the City may perform the condition, or cause rt to be done, and may collect from the obligor all costs incurred
including administrative. engineering, legal. and inspec tion costs.
2. Any unused portion of the security shall be refunded to the obl1gor after deduction of the cost of the work.
Chapter 9.90 Permit Implementation, Time Limits, and Extensions
9.90.060 Expiration
A. Expiration of Permit or Approval Except Use Permits Unless otherwise specified in the permit or approval, all permits and approvals, except for Use Permits, for pro
Jects not subject to the Subdivision Map Act shall comply with the following expiration provisions.
1. Shall be Implemented
al To ensure continued compliance with the provisions
of this Zoning Code, the permit or approval shall be
implemented within two years following the date
of approval, unless, by conditions of the permit or
approval. a different either greater or lesser) time is prescribed, or the permit or approval shall expire and
be deemed void, unless an extension is approved by
the applicable review authority, in compliance with
Section 9.90.070 Time Extensions .
b Any time limit set by the applicable review author
1ty shall be reasonable, based upon the size and the
nature of the proposed project.
c f after construction commencement, work 1s discon
tinued for a minimum period of two years, the permit
or approval shall expire and be deemed void.
d) If the application for the permit or approval also
involves the approval of a tentative map, construction
commencement shall be implemented before the
exp1rat1on of the companion final map.
2. Allowable Phasing
a Where the permit or approval provides for develop
ment in two or more phases or units in sequence, the
permit or approval sriall not be approved until the
review authority has approved the final phasing plan
for the entire project site. The project applicant shall not be allowed to develop one phase 1n compliance
,vith the pre-existing base zone and then develop the
remaining phases in compliance with this Section.
without prior review authority approval.
bl Pre approved Phases
il If a project is to be built in pre approved phases,
each subsequent phase shall have two years frolT'
the previous phase s date of construction com
mencement to the next phases date of construe
tion commencement to have occurred, unless
otherwise specified 1n the permit or approval, or
the permit or approval shall expire and be deemed
void.
ii If the application for the permit or approval also
involves the approval of a tentative map. the phas
ing shall be consistent with the tentative map
and the permit or approval shall be implement
ed before the expiration of the companion final
map.
3. Shall be implemented before expiration. A
permit or approval shall be implemented before
its exp1rat1on. The permit or approval shall not be
deemed implemented until the applicant has:
a Obtained a Building Permit and continuous
on site construction activity including pouring
of foundations, installation of utilities, or other
similar substantial improvement has commenced
and diligently pursued toward completion; or
b Obtained a Grading Permit and has completed
a significant amount of on-site grading, as deter
mined by the Director. in preparation for the work
described in Subsection a., above; and
c Diligently continued the approved grading and
construction activities 1n a timely manner 1n com
pliance with the subiect Building Permit; or
d, Actually implemented the allowed land use in its
entirety, on the subject property in compliarce
with the conditions of approval: or
el Met all of the applicable requirements as deter
mined by the Director.
B. Effect of Expiration
Where the perr11t or approval. except for Use Permits.
has expired and or has been deemed void:
1. i\Jo further action is required by the City:
2. No further reliance may be placed on the previously
approved permit or approval;
3. The applicant shall have no rights previously
granted under the permit or approval;
4. The applicant shall file a new application s along
with all required fees and obtain all required ap
provals before construction can commence or an
allowable use may be implemented· and
5. Any security provided by the applicant under the
previously approved permit or approval may be
utilized by the City to provide suitable protection
from any harm that may result from the terminated
development.
9-51
Chapter 9.90 Permit Implementation, Time Limits, and Extensions
9.90.070 Time Extensions
A. Director's Action to Extend
1. Authority. The Director shall have the authority to
extend the period specified in Section 9.90.060 Ex
piration) for up to one additional one-year period.
The Director may instead refer the matter to the
Commission for review and final decision.
2. Written Request. The applicant's written request
for an extension of time shall be on file with the
Department before expiration of the permit or ap
proval, together with the required filing fee.
3. Public hearing not required
a) A public hearing shall not be required for the
Director's decision on an extension of time.
b However, the Director may conduct a public
hearing in compliance with Chapter 10.40 Public
Hearings, 1f deemed appropriate by the Director.
cl The Commission shall conduct a public hearing
on a referral from the Director in compliance with
Chapter 10.40 Public Hearings,.
8. Suspension of Expiration
1 The filing of a written extension request shall
suspend the actual exp1rat1on of the permit or ap
proval until the extension request has been acted
upon by the Director
2. Building or Grading Permits shall not be issued in
compliance with the permit or approval during the
period of trie suspension.
C. Applicable review authority's action on further
extension.
1. Upon good cause shown a further extension
may be approved, approved with modifications.
9-52
or denied by the applicable review authority (e.g.,
Director, Commission, and or Council) which origi
nally granted the permit or approval, subject to the
findings identified in Subsection D. 1Required findings), below.
2. The permit or approval may be extended for up to
one additional one year period, up to a maximum of
three years following the original date of approval,
unless otherwise allowed by State law.
3. A public hearing shall not be required for the Directors decision. However, the Director may conduct a public hearing in compliance with Chapter 10.40
'Public Hearings) if deemed appropriate by the
Director.
4. The Commission or Council shall conduct a public
hearing in compliance with Chapter 10.40 Public
Hearings).
D. Required Findings
An extension of the permit or approval may be granted
only if the applicable review authority first finds that there have been no changes in circumstances, law. or
General Plan or Development Code policies that would
preclude the review authority from making the find
ings upon which the original approval was based.
E. Further Extensions
An application for an extension of the permit or ap
proval in excess of three years following the original
date of approval shall be treated as a new application
which shall be filed in compliance with Chapter 9.10
Application Processing Procedures
Chapter 9.90 Permit Implementation, Time Limits, and Extensions
9.90.080 Changes to Approved Projects
A. Application
1. A development or new land use allowed through a
permit or approval granted in compliance with this Part shall be in substantial compliance with the approved
drawings and plans, and any conditions of approval
imposed by the review authority except where changes
to the project are approved in compliance with this
Section.
2. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3. Requested changes may involve changes to one or
more conditions imposed by the review authority or
actual changes to the project e.g., hours of operation, expansion of a use, etc. as originally proposed by the
applicant or approved by the review authority
4. Changes shall not be implemented until first approved by the applicable review authority in compliance with
this Section, and may be requested either before or
after construction or establishment and operation of
the approved use.
B. Notice and Hearing
If the matter originally required a noticed public hearing, the review authority shall hold a public hearing, except for the minor changes outlined below See Subsection C.l. and shall give notice in compliance ,v1th Chapter 10.40 Public rlearings I
C. Minor Changes by Director
The Director may authorize minor changes to an ap
proved permit or other approval only if the changes:
1. Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the origi
nal approval, and
2. Do not involve a feature of the project that was:
a) A basis for findings in a Negative Declaration,
Mitigated Negative Declaration. or Environmental
Impact Report for the project;
bl A basis for conditions of approval for the project;
or
c A specific consideration by the review author
ity e.g., the Director, Commission, or Council) in
granting the permit or approval.
3. Do not involve any expansion or intensification of
the use or structure.
D. Major Changes
i\'laJor changes include changes to the proJect
involving features specifically described in Subsec
tion C., above, and shall only be approved by the
original review authority through a new applica
tion, processed in compliance with this Zoning
Code
9-53
Chapter 9.90 Permit Implementation, Time Limits, and Extensions
9.90.090 Resubmittals
A. Resubmittal After Denial with Prejudice
1. The review authority may deny an application for a
discretionary planning permit, or amendment, on
the grounds that two or more similar applications
for the same site have been denied in the past two
years (also known as denial with prejudice), or that
another cause exists for limiting the refiling of the
application.
2. For a period of 12 months following the actual date
of denial with prejudice by the Director, Comm1s
sion, or Council, or, if appealed, the actual date of
denial by the applicable review authority consider
1ng the appeal, of a discretionary planning permit
or amendment, no application for the same or
substantially similar planning permit or amend
ment shall be filed for the same site, or any portion
thereof
B. Exception to Subsection A.
The Director may allow exception to Subsection A.,
based on one or more of the following findings:
1. New evidence material to a revised decision will be
presented that was unavailable or unknown to the
applicant at the previous hearing s and that could
not have been discovered in the exercise of reasonable diligence by the applicant. 9-54
2. There has been a substantial and permanent change
of circumstances since the previous hearingrs). which
materially affects the applicants real property.
3. A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous applica tion.
C. Resubmittal After Denial Without Prejudice
There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.
D. Director's Determination, Appeal
1. The Director shall determine whether a new application is for a planning permit or amendment that is the same
or substantially similar to a previously approved or de nied permit or amendment, and shall either process or
reject the application in compliance with this Section.
2. The Director"s determination may be appealed to the
Commission in compliance with Chapter 9.1 5 Appeals.
Chapter 9.100 Permit Modifications and Revocations
Sections:
9.100.010
9.100.020
9.100.030
9.1 00.040
9.100.050
9.100.010
Purpose
Modifications
Revocations
Hearing and Notice Required
Findings to Modify or Revoke
Purpose
This Chapter provides procedures for securing punitive
modification or revocation of previously approved per
m1ts or approvals.
9.100.020 Modifications
The City·s action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping
and maintenance, lighting, parking, performance guar
antees. propert'y maintenance. signs. surfacing, traffic circulation or any other aspect condition determ111ed to be reasonable and necessary to ensure that the permit
or approval 1s operated in a manner consistent with the original findings for approval.
9.100.030 Revocations
The City s action to revoke a permit or approval, instead of modification shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.
9-55
Chapter 9.100 Permit Modifications and Revocations
9.100.040 Hearing and Notice Required
A. Hearing Required
I. The appropriate review authority shall hold a
public hearing to modify or revoke a permit or
approval granted in compliance with the provi
s1ons of this Zoning Code.
2. The hearing shall be noticed and conducted in
compliance with Chapter 10.40 (Public Hearings).
B. Notice
1. 10 days before the public hearing. notice shall be
mailed or delivered to the applicant for the per
mit or approval being considered for modifica
tion or revocation. and or owner of the property
for which the permit or approval was granted.
2. The only exception to the 10 day notice provision
shall be for Temporary Use Permits which. because of
their short term nature, shall only require a 24-hour
notice.
3. Notice shall be deemed delivered two days after
being mailed. certified and first class, through the
United States Postal Service, postage paid. to the
owner as shown on the County"s current equalized
assessment roll and to the proiect applicant, if not the owner of the subject property.
4. Signs shall be posted on site by the applicant and or owner of the property for which the permit or approval was granted.
9.100.050 Findings to Modify or Revoke
Any permit or approval. issued 1n compliance with
this Chapter may be modified or revoked by the
review authority that originally granted the permit
or approval by the same procedure under which the
permit was issued for any of the following causes.
A. That any term or condition of the permit or ap
proval, has not been complied with.
B. That the property or portion thereof subject to
the permit or approval is used or maintained in
v1olat1on of any statute. ordinance. law or regula
tion.
9-56
C. That the use for which the permit or approval was
granted has been so exercised as to be detrimental
to the public health or safety or as to constitute a
nuisance.
D. That changes in technology or in the type or amount
of development in the v1cin1ty of the use or other
good cause warrants modification of tre conditions
of operation or imposition of additional conditions of
operation to assure that the use remains compatible
with existing and potential uses of other property
within the general area in which the use is located.
Chapter 9.11 O Mural and Public Art Permits
Purpose
Applicability
Sections:
9.110.010
9.110.020
9.110.030
9.11 0.040
9. 110.050
9.110.060
9.110.070
9.110.080
Review Authority
Application Requirements
Findings and Decision
Conditions of Approval
Enforcement
Post Decision Procedures
9.110.010 Purpose
This Chapter establishes permit procedures for murals
and public art installations. The purpose is to permit and encourage the production of exterior murals and public
art that are original works of art which enhance the visual character and cultural identity ofTehachap1, reflect the community·s history and heritage. and foster civic pride and sense of place.
9.110.020 Applicability
The Commission may approve a Mural and Public Art
Permit that authorizes the installation of murals and
public art installations on private property or City owned property within the City, subject to compliance with the standards of Section 6.20.070 ,Murals and Public Art. and only after first making the findings specified In Section
9.110.050 Findings and Demian .
9.110.030 Review Authority
A. Commission Approval B. Referral to Advisory Bodies
Mural and Public Art Permit applications shall be re
viewed and approved or denied by the Comm1ss1or in
compliance with procedures set out in Chapter 9.10 Ap
plication Processing Procedures).
-he Director may refer Mural and Public Art Permit
applications to appropriate advisory bodies or com
munity organizations for comment and recommen
dations prior to Commission review.
9-5 7
Chapter 9.110 N\ural and Public Art Permits
9.110.040 Application Requirements
A. Filing
An application for a Mural and Public Art Permit shall
be filed and processed 1n compliance with Chapter
9.10 (Application Processing Procedures).
B. Required Data
The application shall include the information and ma
terials specified in the Department handout for Mural
and Public Art Permit applications, together with the
required fee.
C. Responsibility of the Applicant
It is the responsibility of the applicant to provide evi dence in support of the findings required by Section
9.110.050 Findings and Decision).
D. Notice, Hearings, and Appeals
1. Public Hearing Required . A public hearing shall be
required for the Commission s decision on a Mural
and Public Art Permit application.
2. Scheduling Hearing. The public hearing shall be
scheduled once the Director has determined the ap
plication complete.
3. Notice. Notice of the public hearing shall be given
and the hearing shall be conducted 1n compliance
with Chapter 10.40 (Public Hearings .
4. Appeals. The Commission's decision 1s appealable to
the Councrl 1n compliance with Chapter 10.20 Ap
peals 1.
9.110.050 Findings and Decision
A. Review Authority's Action
An application for a Mural and Public Art Permit may
be approved conditionally approved, or denied by
the Commission.
B. Required Findings
The Commission may approve or conditionally ap
prove an application for a ,\Aural and Public Art Permit only after Making all of the following findings:
1. The proposed mural or public art installation
meets the applicable standards of Section
6.20.070 Murals and Public Art
2. The proposed mural or public art installation does
not constitute Adult Entertainment or any other land
use that is prohibited or requires separate approval in the applicable zoning district.
3. The proposed mural or public art installation is con s1stent with the goals and pol1c1es of the General Plan.
4. The proposed mural or public art installation will not be Materially detrimental to the health, safety and
welfare of persons res1drng or working rn the neigh
borhood or to the public as a whole.
9.110.060 Conditions of Approval
A. General Authority
The Commission may impose such terms and conditions deemed reasonable and necessary to ensure that the approval would be 1n compliance with the
findings required by Section 9.110.050 Findings and
Decision .
9-58 l •
B. Required Conditions
In addition to any discretionary cond1t1ons imposed
under Subsection A. the Comm1ss1on shall impose all of
the following conditions on every Mural and Public Art
Permit:
l. Compliance with Approved Plans. Installation shall
be completed 1n substaPtial conformance with ap
proved plans, renderings, and spec1ficat1ons. Material
changes shall require a permit amendment.
Chapter 9 11 O Mural and Public Art Permits
9.110.060 Conditions of Approval
2. Maintenance Covenant. The property owner shall
execute a maintenance covenant as required by Sec
tion 6.20.070.C.5.c
3. Maintenance Escrow Account. The property owner
shall establish and maintain an escrow account in
compliance with Section 6.20.070 C.5.d.
4. City Access for Maintenance. The property owner
shall provide the City with reasonable access to the
property for purposes of maintenance or removal
of the mural or public art installation 1f the property owner fails to maintain the installation in compliance
with approved conditions.
5. Structural Certification. For freestanding or sus
pended sculptures, the applicant shall provide
structural certification in compliance witli Section
6.20.070.E.4.
6. Additional Conditions. The Commission may im
pose such additional conditions as deemed reason
able and necessary to ensure compliance with the
findings and applicable standards.
9.110.070 Enforcement
Violations of this Chapter shall be enforced 1n accordance with Chapter 10.50 Enforcement and subJect to penal
ties established in Chapter 10.60 Penalties .
C. Permit Expiration and Extensions
1. Expiration. If construction or installation of the
approved mural or public art installation has not
commenced within one year of permit issuance,
the permit shall become null and void. For pur
poses of this Section, installation shall be deemed
to have commenced upon the first physical act of
installation, including surface preparation, appli
cation of base coatings, installation of pedestals
or structural supports, or application of artwork
to the approved surface.
2. Extension. The Director may grant one exten
sion of up to one year upon written request
submitted before the expiration of the initial one
year period.
D. Revocation or Modification
Any Mural and Public Art Permit may be revoked or
modified pursuant to Chapter 9 100 Permit Mod1fica
tions and Revocations
9.110.080 Post Decision Procedures
The procedures and requirements 1n Chapter 9.90 Permit
!mplementat1on, Time Limits, ard Extensions and those
related to appeals Chapter 10.20 and modifications and
or revocations Chapter 9.100 shall apply following the
decision on a Mural and Public Art Permit application.
9-59
This page intentionally left blank
9-60 r ' , ' ..
Chapter 9.120 Outdoor Seating Permits
Sections:
9.120.010 Purpose
9.120.020 Applicability
9.120.030
9.120.040
9.120.050
9.1 20.060
9.1 20.070
Findings and Decision
Permit Issued
Time Limits
Interruptible or Terminable
Additional Administrative Regulations
9.120.010 Purpose
This Chapter provides regulations for the approval of an Outdoor Seating Permit for outdoor restaurant seating
that will encroach on City right of way or property.
9.120.020 Applicability
Approval by the Commission of an Outdoor Seating
Permit shall be conditioned upon the applicant subr11t
ting application for an encroachment permit and ab1d1ng only after first making the findings speofied in Section
9. 1 20 030 Findings and Dernion .
9.120.030 Findings and Decision
The Commission may approve or conditionally approve
an application for a Outdoor Seating Permit 1f 1t finds all of the following. The proposed development will:
A. Comply with all building and fire codes;
B. Comply with all rules, orders. and regulations of the City Building and Fire Departments and Kern County
Fire Department where applicable including but not
limited to entry exit. and emergency requirements:
C. Immediately grant access to any public utility ease
ment in. under, above or associated with the en
croachr1ent to any public utility or government entity
upon request;
D. Allow no less than six feet of clear space between the encroachment and the curb as measured from the
closest point to the curb l111e;
E. Maintain the sidewalk within the encroachment
in a safe condition free of cracks, holes or defects.
F. Remove any encroachment upon written notice
by the City Manager or his des1gnee
G. 'v1a1ntain as a m1r1mum insurance as required by
the City Manager and immediately report any
change or nterruption of insurance coverage.
H. Comply with the following add1t1onal findings 1f
alcohol is irtended to be served:
Comply v1th al orders, rules and regulations of
the Alcohol Beverage Control Board for the State
of California.
9-61
Chapter 9.120 Outdoor Seating Permits
9.120.030 Findings and Decision
2. Erect temporary City approved barriers meeting
the following standards·
a Sufficient to prevent intermingling of patrons
and pedestrians·
b. Removable within 48 hours or less and
c. At least four feet in height but no more than
six feet in height.
3. Provide the City with a certificate of insurance
ev1denc1ng coverage as required in this Chapter
for encroachments serving alcoholic beverages.
4. Prevent any and all possession of alcohol in the
encroachment area after 10:00 p.m ..
9.120.040 Permit Issued
A. The permit shall not be issued until the applicant
has provided the Director with the certificate of
insurance and such other evidence of insurance
as City may reasonable require.
B. All policies shall have the City its council mem
bers, comm1ss1oners, employees. ar1d representa
t1ves as adcl1t1onally insured and shall require
the City be notified of cancellation or material
change in coverage at least 30 days prior to same.
C. The policy shall be primary to City s policy with
regard to the act1v1t1es conducted with11� the
permit.
9.120.050 Time Limits
A. Tlie term of the permit shall not be longer than
12 months and may be renewed from time to
time for 12 months by application for renewal
prior to expiration of the permit.
B. A renewal term shall not be for longer than 12
months.
C. Renewal of a permit may be granted administra
tively by the Director.
9-62
5. Prevent alcoholic beverages from being removed
from the encroachment area into the street.
6. Comply with the Tehachapi police department con
cerning public safety.
I. Cond1t1ons may be imposed as are necessary for
public safety or to protect public improvements such
as the posting of appropriate security to guaranty the
restoration of the right of way upon termination of
the permit. and by some form of fair market rental as
compensation to the public for use of the sidewalk or
right of way in an amount established by a resolution
of the Council.
Chapter 9.120 Outdoor Seating Perrnits
9.120.060 Interruptible or Terminable
A. The Outdoor Seating Permit 1s an interruptible or
terminable permit granted by the City
1. City shall have the right and power, acting through
the Director, to proh1b1t the operation of an outdoor
dining area at any time because of ant1c1pated or
actual problems or conflicts in the use of the sidewalk area or right of way or because of v1olatiors of the
terms of the permit.
2. Problems and conflicts may arise from but are not
limited to, scheduled festivals and similar events, or
parades or marches. or repairs to the street or side
walk, or from demonstrations or emergencies occur
rrng 1n the area.
9.120.070 Additional Administrative Regulations
The Council may adopt by resolution such add1t1onal
admin1strat1ve regulations consistent with this Chapter as it deems necessary for use of City sidewalks and public rights of way for consumption of food or beverages.
9-6 3
This page intentionally left blank
9-64 It
Chapter 9.130 Transient Outdoor Businesses
Sections:
9.130.010 Purpose
9. 1 30.020 Permit
9.130.030 Application
9.130.040 Issuance
9.130.050 Fee
9.130.060 Regulations
9.130.070 Revocation
9.130.080 Appeal
9.130.010 Purpose
The purpose of this Chapter 1s to provide a process to
gain City approval to conduct a t ans1ent outdoor bus1
nesses.
9.130.020 Permit
A. ,t ,s urlav-.ful for any person to operate r1ainta1n or conduct a trans1ert outdoor business 1n the city with
out hav1rig a valid permit for each day of operation 11' con,pl1ance with this Chapter.
9.130.030 Application
Completed applications for permits under ths Chapter
shall be made on forms approved by the Director shall be submitted no less than 30 days prior to coMmencement
of the transient outdoor business, and shall be signed
under penalty of perjury by the business owner.
9.130.040 Issuance
A. The Director may impose SL1ch reasonable conditions
ori the permit as deemed r'ecessary or appropriate
for the protection of the heal tr, safety. and welfare of the City
B. All transient outdoor busines)es are hereby pro
r1b1ted and no per!T'1t shall be 1s,ued for same
8. Tre Director r1ay deny the permit if any su"iiar
permit issued to the business owner within the
five years 11....,1.,.,ed1ately preceding the appl1ca
t1on has been revoked or .f the business owner
has violated any of the regulations or cond1t1oris
pertaining to any such prior permit
9-65
Chapter 9.130 Transient Outdoor Business Permit
9.130.040 Issuance
C. The Director may deny the permit 1f the business
owner has been convicted of a crime substantial
ly related to the qualifications, functions or duties
of the type of business for which the application
1s made or for a crime of dishonesty fraud or
deceit or if the transient outdoor business will
present any substantial hazard to vehicular or
9.130.050 Fee
The business owner shall pay a fee to cover the cost
to the City of processing the business owner's appli
cation and inspecting its transient outdoor business
and the operation of same. The city may require pay
ment of the fee upon filing of the application.
9.130.060 Regulations
A No permit holder shall use any sound device in
eluding any loudspeaker, radio or amplifying sys
tern where sound of sufficient volume 1s emitted
or produced capable of being plainly heard upon
the streets, alleys parks or other public places.
B. Any perr11t issued pursuant to this Chapter shall
not be transferable or assignable in whole or
in part and shall be valid only for the business
owner and the location identified on the permit,
and only for the period described on the perrriit.
9.130.070 Revocation
Any permit issued in cor,pliance with this Chapter
may be immediately revoked by the Director when
ever it is determined.
A. That any substantive misrepresentation ,vas
made on the application or that the business
owner was convicted of a crime described ir Sec
tion 18. 1 09 040 of this Chapter; or
9.130.080 Appeal
Should any business ovmer be ctissat,sfied with the
conditions attached to the issuance of the permit
or the dec1s1or of the Director to deny or revoke a
9-66
pedestrian traffic which cannot be mitigated to ins1g
nificance by cond1t1oning the permit.
D. The Director may deny the permit 1f another permit
has already been issued for the same period of time
on the site proposed for the transient outdoor bus,
ness.
C. No signs of any kind or size shall be allowed off site from the location of the transient outdoor business.
D. Transient outdoor businesses shall be permitted only 1n a C 2 Zone or a zone less restrictive than C 2
E. The business owner shall comply with all cond1t1ons
of the permit and with all federal. state and local la \IS and ordinances
B. That the business owner has violated any of the
regulations described in this Chapter or violated or
not performed any of the cond1t1ons of its permit or
that the transient outdoor business ras been aper
ated in v1olat1on of any state, federal or local law or ordinance: or
C. That the transient outdoor bus1ress is interfering with the peace and quiet of any neighborhood or that the
safety of persons or real or personal property requires such revocation.
pern1it. then the business owner may file for an Appeal r compliance with Section 10.20 Appeals .
Article 10 Administration
Chapter 10.10 Amendments (Zoning Code, General
ing Plan)
u 010 Purpose
10.10 020 ln1t1at1on of an Aniendmrnt
1 0. 1 0 030 Processing Notice dnd Hedr ngs
1 0.1 O 040 Cemeteries
1 0 1 0.0 ,o Council s Act O'l O'l Amendment
10.10.060 Find 'lgs and Dec son
1 O 1 O 0/0 Effect ve Jdte<,
Chapter 10.20 Appeals
1 0 2 v20
10 20 030
10.20 040
0 2 05
J.IU pose
Appea SubJectc, dnd ur sa ct on
Not ce of Apoea
Perrr t C:,C:,UdnC ).)tr rt1on
Ju 1 1 Rev e
Chapter 10.30 Nonconforming Provisions
1-'J p )t,P
3v 028 No 01' rm r g • r t
1 0 3 030 Nonconforni1ng se '>
10 31040 \orconfor'l11ng ses o'-" ... and
1 0 3 �o Nonconfo ing o+-s
" 0 3 60 l\lo'lcon'-"or'l1 '19 S -.tback
1 0. 3 ). 70 N >nconform ng S 9n
Pian,
3 0 t rr, 0 f\ on 0 Setba
Regulat1 0-3
I U 1
10 3
1 0 4
1 0 5
1 0 )
0 5
1 0
1 0- 7
)
, 0 -,
0 d
1 0 b
1 1 0-9
1 ,
1 0
0 Ju 1 ,
1 ,
1 0-'
Chapter 10.40 Public Hearings
1 0.40.0 l 0
10.40.020
1 0 . .:J.0.030
10.40.040
10.40.050
1 0.40.06
10.40.070
f-'uroose
Not•ce of Hearing
Schedu ing of Hearing
HPar,rg Procedure
Recomme'ldation by Cor1"11iss1on
Dec,s 011 and Notice
effect ve Jate of Jecis1on
Chapter 10.50 Enforcement
0 .)0.0 0
'0.50.020
1 () .)().03
10. 50.040
10.50.050
10 . .)0.060
1 0.50.0/�
0. 50.080
'0. ::,0 090
lu.)0 100
1-'urpose a0d Intent
Per'll1ts and Aoprova s
Enforcerien� Responc:; oil•ty
lrsoect1ons
Violation
Legal Remed1ec:;
Rerred es are Curru �t ve
Recover of Costs
A Id t o'la De rr .. Fe •,
RP 0c;oecticr f-ees
Chapter 10.60 Penalties
10-2
J.f) u u 1-1u�pose
10.60 02() Vo dt•oris - lrfract O0s Jnd Misaer1ec1no�s
1 0-1 3
l u-1 3
'0 1 3
1 0 1 4
1 0-1 4
1 0 14
1 0 1 5
1 0-1:>
1 0-1 7
V 1/
'O 1 7
1 0 1 8
1 0 1 8
, 0-1 8
, 0 -1 8
1 ,..., I 1 9
0 1 9
• f'\ 2
21 10-23
U LJ
10-23
Chapter 10.1 O Amendments (Zoning Code, General Plan,
Regulating Plan)
Purpose
Sections:
10.l0.01u
1 0.1 0.020
10.10.030
10.10.040
10.10.050
10.10.060
10.10.070
Initiation of an Amendment
Processing, Notice, and Hearings
Cemeteries
Council's Action on Amendment
Findings and Decision
Effective Dates
10.10.010 Purpose
A. The purpose of this Chapter 1s to establish procedures for the amendn1ent of this Zoning Code, GePeral Plan
and the official Regulating Plan.
B. Amendments to this Zoning Code may be n1t1ated by
the Council on its owr, rriot1on or bv the appl cation of any interested person
10.10.020 Initiation of an Amendment
A. Initiation by Council or Commission - Zoning Code
or Regulating Plan
The Council or Comm1ss1on may at any time and 1n any
form deemed appropriate by the Council or Comm1s
s1on initiate an amendment to any portion of this Zoning Code. An a,-.,endment may be any of the following types:
i An amendment to the text of this Zoning Code not
changing regulations or standards affoct1r,g the use of any property.
2. An ar1endment to the text of this Zoning Code chang
1ng regulations or standards affecting thtJ use of prop erty
3 Amendment to the official Regulating Pia,, reclass1fy1ng property from one zone to another 1nclud1ng applying
a combining zone to or removing a con1bining zone
from property.
4 In the case of this Zoning Code, the Council ,.,,.,ay also adopt an urgency measure as an interim
ord1f'lance in compliance with Government Code
Section 65858
B. Initiation by an interested person - Regulating
Plan
1. A property owner his her authorized represerta
tive or any other interested persor, r1ay initiate
an arriendment to the official Regulating Dian to
reclassify property from one zone to arother by
submitting an application to Department staff
a Ar. appl1catioP for a reclassifcat1or of property
shall include:
i The name and address of the applicant'
ii The name s and address,es of tre property
owner·s
1 'J-3
Chapter 10.10 Amendments (Zoning Code General Plan, Regulating Plan)
10.10.020 Initiation of an Amendment
1ii11 The name s and address es of the property
owners w1th111 three hundred feet of proJect
site;
(iv Assessor's parcel number s ·
(v' Legal description of the property;
(vi)J A map of the property·
(vii Identification of the zone reclassification be
1ng sought,
(viii) Signatures or letter of consent from all prop
erty owners of record·
(ix If the property is designated as a flood haz
ard area according to the Flood Insurance Rate
Maps FIRM1, the application shall include a
request for the applicable flood hazard zoning.
including legal descriptions for same as re
quired by Departrnent staff.
2. The application srall be accompanied by the fee
established by tl'e Council.
3. Department staff shall inform the applicant 111 writing within 30 calendar days of receipt that the application 1s complete or that additional information 1s needed to complete the application.
C. General Plan Amendment
1. In the case of the General Plan an amendment may
also be initiated by the filing of an amendment applica tion with the Department by the owner(s) or author
1zed agent.sl representative(sl of property owneris
for which the amendment is sought. or the plaintiff in
an action in eminent domain to acquire the subject
property.
2. 'f tre property is under multiple ownership all owners or tbeir authorized agents representat ves shall join in filing the application. 9.14.020;
10.10.030 Processing, Notice, and Hearings
A. Application Filing and Processing
1. Filing. f initiated by the filing of an amendment
application in compliance with Section 10.10.020
1 lnit1at1on of an Amendment the application shall
be processed 1n compliance with Chapter 9.1 0 Ap
plication Processing Procedures).
2. Required data. The application shall 1r,clude the
in format on and rnaterials specified in the De
part,.,.,ent handout for ame'ldrner,t applications.
together w1tr the required fee.
3. Responsibility. t 1s the responsibility of the ap
plical't to provide evidence 1r support of the find
ings required by Section 1 0 10.060 Findings and
Dec1s1onl.
18-4
B. Timing of General Plan Amendments
No mandatory element of the General Plan may be
amended more frequently than four times 111 a single cal endar year, in compliance with Government Code Section
65358.
C. Public Hearings Required
The Corimiss on and Council shall each conduct one or
rnore public rearings regarding the amer,dmef't.
D. Notice and Hearing
Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter
10.40 (Public Hearings .
Ch;,ptPr l 0.10 Amendments (Zoning Code, General Plan, Regulating Plan)
10.10.040 Cemeteries
A. Notwrtristanding any other prov,s,on of law, whenever a person applies to a city. including a charter city, county, or city and county, for a zoning variance. special use per mit, Use Permit, Zoning Code Amendment. General Plan
or specific plan amendment. or any entitlement for use
which would permit all or any part of a cemetery to be
used for other than cemetery purposes, the city, county or city and county shall grve notice pursuant to Section
10.20.020 \Jotrce of Hearingl.
B. Those request ng notice shall be notified by the lo
cal agency at the address provided at the trme of the
request.
C A ocal agency shall not require a request made
pursuant to this Section to be annually renewed.
D. "Cemetery as used in this section, ras the same
meaning as that vord is defined in Sectro,� 8100 of
the Health and Safety Code. 18. 112.100
10.10.050 Council's Action on Amendment
A. Approval
1. All amendments. Upon receipt of the Commissions
recommendation to approve, or approve in modified
form, the proposed amendment, the Council shall
conduct a public hearing and either approve approve
in modified form or deny the proposed amendment
based on the findings identified in Section 10.10.060
Frnd,ngs and Dec1s1onl
2. Approval of Zoning Code or Regulating Plan
Amendments. The action by the Council to approve
the Corim,ssron s recommendation regarding a Zon
,ng Code or Regulating Plan amendment shall be by a
maJorrty vote of the members present and shall be final and conclusive
3. Approval of General Plan Amendments. The action
by the Cou 1ctl to approve trie Com!T'1ss1or s recorr
fT'endation regarding a General Plan ariendment shall
require the affirrnat111e vote of not less tr-an a f'YlaJority of the total voting rref'Ylbers ,n compl1arce with Gov
ernment Code Sections 65356 and shall be final and
conclusive.
8. Referral to Commission
1. If the Council proposes to adopt a substantial
modification s to the amendment not previously
considered by the Comm1ss1on. the proposed mod,
ficatron shall be first referred to the Co1T1rniss1on for its recommendation. ,n compliance wrth Govern
ment Code Sections 65356 ,General Plan amend
ments and 65857 Development Code or Zoning
Map amendments .
2 Failure of the Commission to report back to the
Council 1,vithin the time lirnrts spec1f'ed in Govern
ment Code Sections 65356 and 65857 following the
referral shall be deemed approval by the Comrn1s
s1on of trie proposed modrficat,or. s
10.10.060 Findings and Decision
Ar. amendment to thrs Zoning Code, the General Plan, or the Official Regulating Plan may be approved only fall of the following firdirgs are first made, as applicable to the type of arnend!T'ent:
A. Findings for General Plan Amendments
1• The amendment rs internally consistent with all other prov1s1ons of the General Plan;
2. Trie proposed arrendment will not be detrrriental
to trie public interest, health safety conven,ePce
or welfare of the City· and
3 The affected site 1s physically suitable rr terms of
desrgn, location. shape, size, operating character
1stics and trie provrs,on of public and emefgency
vehicle e.g .. fire and medical, access and public
10-5
Ch;,pter 10.10 Amendments (Zoning Code, General Plan, Regulating Plan)
10.10.060 Findings and Decision
services and util1t1es e.g., fire protection. police
protection potable water, schools, solid waste
collection and disposal storm drainage. waste
water collection treatment, and disposal etc. to
ensure that the proposed or anticipated uses and
or development will not endanger Jeopardize or
otherwise constitute a hazard to the property or
improvements in the vicinity in which the property
is located
8. Findings for Zoning Code and Regulating Plan
Amendments
1. Findings required for all Zoning Code and Regulating Plan Amendments. a �he proposed amendment is consistent with the
General Plan and any applicable specific plan;
and
b The proposed amerdmerit will not be detrimen
tal to the public interest, health, safety conveni
ence or welfare of the City
10.10.070 Effective Dates
A. General Plan
A General Plan amendment shall become effective
immediately upon the adoption of a resolution by the
Council
10-6
2. Additional finding for Zoning Code Amendments.
The proposed amendment 1s internally consistent with
other applicable prov1s1ons of this Zoning Code
3. Additional finding for Regulating Plan Amendments. The affected site 1s physically suitable 1n terms of design location shape, size, operating characteris
tics, and the provision of public and emergency vehicle (e.g .. fire and medical) access and public services and utilities e.g .. fire protection police protection potable water, schools solid waste collection and disposal. storm drainage. wastewater collection. treatment. and disposal, etc. , to ensure that the requested zone designation and the proposed or anticipated uses and or development
will not endanger. Jeopardize. or otherwise constitute a hazard to the property or improvements in the vicinity in which the property 1s located.
8. Zoning Code and Regulating Plan
A Zoning Code and Regulating Plan amendment shall
become effective on the 30th day following the adop
t1on of an ordinance by the Council.
Chapter 10.20 Appeals
Sections:
I 0.LU.01 0 Purpose
10.20.020
10.20.030
10.20.040
1 0.20.050
Appeal Subjects and Jurisdiction
Notice of Appeals
Permit Issuance Restriction
Judicial Review
10.20.010 Purpose
�h,s Chapter establishes procedures for the appeJI and
calls for review of determinations and decisions rendered by the Comm1ss1on and Director.
10.20.020 Appeal Subjects and Jurisdiction
A. Zoning Code Administration and Interpretation
The following determ111at1ons and actions of the Director and Department staff may be appealed to the Comm is
s1on and then to the Council:
1. Interpretations. Any determ111at1on on the meaning or appl1cabil1ty of the regulations contained 111 this Zon 1ng Code that are believed to be in error, and cannot be re5olved with the Director· and
2. Enforcement actions. Any enforcement act1or
filed n compliance ,v1tr Chapter 10.50 i:1 force
ment.
B. Planning Permit Decisions
1. Director's decisions. Any decision of the Director
may be appealed to the Commission, as applicable
2. Commission's decisions.,-.. 'Y dec,s on of the Com
mission riay be appealed to the Council.
10-7
Chapter 10.20 Appeals
10.20.030 Notice of Appeals
A. The applicant or any other person aggrieved may
appeal from such decision by filing a written notice
of appeal with Department staff prior to the time the
decision becomes final. Department staff shall furnish
forms of notice of appeal The appeal shall be ac
companied with the fee established by the Council in
compliance with Section 9 l 0.050 Application Fees
B. Notice of the hearing on appeal shall be provided
in compliance with Section 10.40.020 (Notice of Hear
ing . Notice of the hearing on appeal shall also be
given not less than 10 days before such hearing to each person entitled to notice of the preceding decision.
C. The Council may reverse, affirm wholly or partly, modi fy or attach other or additional conditions to the decision appealed from.
D. A dec1s1on of the Council on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.
10.20.040 Permit Issuance Restriction
Once ari appeal is filed, any action on the associated
project is suspended until the appeal is processed
and a final dec1s1on 1s rendered by the applicable
review authority. 18.102.120'
10.20.050 Judicial Review
No person shall seek 1ud1c1al review of a City dec1s1on on a planning permit or other matter 1n compliance
with this Zoning Code until all appeals to the Com
mission and Council have first been exhausted in
compliance N1th this Chapter
l 0-8
Chapter 10.30 Nonconforming Provisions
Sections:
10.30.010 Purpose
10.30.020
10.30.030
1 0.30.040
10.30.050
10.30.060
10.30.070
1 0.30.080
Nonconforming Structures
Nonconforming Uses
Nonconforn,ing Uses of Land
Nonconforming Lots
Nonconforming Setback
Nonconforming Sign
Determination of Nonconforming Statue;
10.30.010 Purpose
A. This Chapter provides regulations for nonconforming
structures, uses, lots, and signs that were lawful before adoption, or amendment of this Zoning Code, but which
would be prohibited, regulated or restricted differ
ently under the current terms of this Zoning Code or an ar1endment that changed applicable requirements.
B. The Council declares that nonconforr1ing structures, uses. lots. and signs are 1ncompat1ble with perrT'itted uses in the zones 10volved and such nonconforming uses, lots and signs shall not be enlarged expanded or extended.
C. Such nonconforming structures, uses. and signs
shall not be used as grounds for adding other
structures or uses proh1b1ted by this Zo111rg Code.
18.108.0' 0
10.30.020 Nonconforming Structures
A. Any nonconforrr,ing structure l'Ylay be continued ard maintained provided there is no physical criange other
ti an necessary maintenance and repair in such a struc
ture, except as otherwise provided by this Chapter.
B. A nonconforming structure shall not be enlarged in
,,rea, space, or volume.
C. Any nonconforming structure which Is vacant for a
period of one year or I'1ore shall not again be used or oc cup1ed for a nonconform1rg use. ;urtherr,iore 0oncor
forming structures vaca,,t for a per·od greater tl'afl ore year ;hall be made conforming before being reoccupied
unless the property owner obta11's a variance perfY'Itt1ng the nonconforming element of the structure.
D. Any nonconforming structure r.1ay be recon
structed, repaired, or rebuilt when involuntarily
damaged or destroyed as a result of an acc1dePt or
by earthquake fire. flood, or other act of nature· 1f the reconstructior and repair expense does not exceed
50 percent of the actual cash value of the building at
the time such damage occurred. and provided there
Is no expansiori of the total area of the building as it existed prior to the damage. All such reconstruction
sh,,11 be commenced within one year fror.' tf,e date ot dar"'age
1 "\ -J
Chc.ipter 10.30 Nonconforming Provisions
10.30.020 Nonconforming Structures
E. Any use of a street, highway, alley, or railroad right of way which has been rendered nonconforming as
a result of amendment of this Zoning Code shall be
completely removed within one year of such amend
ment. 18.108.020
10.30.030 Nonconforming Uses
A. Any nonconforming use may be maintained and
continued provided there is no increase or enlarge
ment of the area space, or volume occupied or
devoted to such nonconforming use, except as other
wise provided in this Zoning Code.
B.Any part of a building. structure. facility or land oc cup1ed by a nonconforming use that is changed to or
replaced by a use conforming to the provIsIons of this
Zoning Code shall not thereafter be used or occupied
by a nonconforming use.
C. Any part of a building, structure facility, or land occu pied by a nonconforming use that has been abandoned
for a period of one year or more shall not again be used or occupied for a nonconforming use.
D. If no structural alterations are made, a nonconform
ing use of a building may be changed to a similar or less intense nonconforming use. 18.108.030
10.30.040 Nonconforming Uses of Land
A. A nonconforming use of land shall not be expand
ed or extended 111 any way
B. A r,onconforming use of land shall not be cha,,ged
to or replaced by a1'y other use except a use that
complies ., ith the regulations of the zor,e in ,h1ch
the subiect property lies as set forth in this Zoning
Code
C. Any nonconforming use of land that has been a ban
doned for a period of one year or more shall not be
reestablished.
D. Nonconformmg uses of land where no main structure
has been established shall be discontmued within three
years of the effective date of this Zonmg Code
r. The exploration for or development or production of
oil. gas, or other hydrocarbon substances shall not be
considered nonconforming uses of land. '18.108.060,
10.30.050 Nonconforming Lots
Any lot that was legally recorded pnor to the effective date of this Zoning Code may be used in conform
ance with the uses permitted by the zone in which it
is located, provided that all setback requirements are
met. [ 18.108.050
l 0-10
Chapter 10.30 Nonconforming Provisions
10.30.060 Nonconforming Setback
Any use permitted In compliance with this Zoning
Code that currently exists with noncoriforming set
backs may be replaced In the same location 1f invol
untartly damaged or destroyed regardless of the cost
of such reconstruction. (18.108.060
10.30.070 Nonconforming Sign
Nonconforming signs are regulated by Section 7.10.080
i\Jonconformmg Signs .
10.30.080 Determination of Nonconforming Status
A. Where there Is doubt regarding the legal nonconform
ing status of structures, uses of structures, uses of land, lot size or signs, documentation shall be submitted
to Department staff to establish legal nonconforming
status.
B. Where structures have been rendered nonconform
ing as a result of a change In front setback require
ments, said structures may be reconstructed at the
same location, provided there is no greater degree of
nonconformity. 18.108.080]
'0-1 1
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1 0- l 2 ' ; r ' , ) I ' \ ' I : J� - ' I' ' l ) '
Chapter 10.40 Public Hearings
Sections:
Purpose
Notice of Hearing
1 0.40.0 l 0
1 0.40.020
10.40.030
10.40.040
10.40.050
1 0.40.060
10.1 0.070
Scheduling of Hearing
Hearing Procedure
Recommendation by Commission
Decision and Notice
Effective Date of Decision
10.40.010 Purpose
�his Chapter provides procedures for public hearings
required by this Zoning Code When a public hearing Is
required advance notice of the hearing shall be given
and the hearing shall be conducted, ,r compliance with
this Chapter.
10.40.020 Notice of Hearing
A. When an application has been submitted In compli
ar,ce with Article 9 Procedures the Departr-iert staff
shall set the application for a public t--earing.
B At least 10 days before the date of any pub11c ht:?aring, the date, time place of the hearing, identity of the hear Ing body, and the nature and location of the application shall be given by the following methods:
1. Publishing. Publishing notice once in a newspaper of general circulation in the City
2. Mailing. \Jot1ces shall be mailed or del•vered at least 10 days before the scheduled hear ng to the following.
a) Project site owner(s) and the applicant. The
owner s of the property being considered 111 the
appl1cat1on or the owners authorized agent, and the
applicant.
b) Local agencies. !=ach local agency expected to
provide roads schools. sewage. streets. , 3ter. or
other essential fac1iit1es or services to the property
which s the subJLCt of the applicat1or whose ab I ty
to provide those facilities and services rr'ay be
sign ficantly affected.
c) Affected owners
All O"VnPrs of real property a� st,o Nn or the
latest adopted tax roll of the County located
within a radius of a r.:in1rium of 300 feet of the
exterior boundaries of the parcel that Is the
subiect of the hearing.
1i The Director shall have the authority to exterd
the radius specified in Section i , above at the
Director s sole d1scret1on.
d) Persons requesting notice. Any person who ras
filed a vr tter equest for notice w1tr the Director
and has paid the required fee for the notice.
e) Other person(s). Any other person s , whose
property might, 111 the judgment of the Director
be affected by the proposed proiect.
3. Alternative to mailing. f the nuriber of property
ov11rers to 11hom notice Nould be mailed in COl""plf
ance with Section B '. above Is rnore than 1 000
1 C-1 3
Chapter 10.40 Public Hearings
10.40.020 Notice of Hearing
the Director may choose to provide the alterna
tive notice allowed by Government Code Section
65091 (al(3'.
4. Additional notice. In add1t1on to the types of no
t1ce required above. the Director may provide any
add1t1onal notice with content or using a d1stribu
t1on method e.g.,posting on the City s website as
the Director determines is necessary or desirable.
5. Failure of receipt of notice. Failure of property own ers to receive notice of a hearing shall in no way affect the validity of action taken, as required by Govern
ment Code Section 65093.
10.40.030 Scheduling of Hearing
After the completion of any environmental document
required by the California Environmental Quality Act
CEQA the City s CEQA Guidelines. and a Department
staff report a matter requmng a public hearing shall
be scheduled on an agenda Director Comm ss1on. or
Council, as applicable reserved for public hearings,
but no sooner than any minimum time period estab
lished by State law.
10.40.040 Hearing Procedure
A. Time and Place of Hearing
A hearing shall be held at the date. time and place
for which notice was given.
B. Continued Hearing
Any hearing may be cont1r>ued from time to time
without further notice; provided, the chair of the
hearing body announces the date, time and place
to which the hearing will be continued before the
adJournrnent or recess of the hear'ng
C. Deferral of Final Decision
The review authority riay anr>ounce a tentative decision, and defer their action on a final dec1s1on until appropri ate findings and or cond1t1ons have been prepared
10.40.050 Recommendation by Commission
After a public hearing on a proposed a specific plan
or amendment. or an amendment to this Zoning
Code. the General Plan or the Regulating Plan. the
recommendation and findings of the Commission
shall be forwarded to the Council
10-14
10.40.060 Decision and Notice
A. Decision
1. The review authority may announce and record their
decision on the rnatter be,ng considered at the conclu
sion of a scheduled hearing. or defer action and continue the matter to a later meeting agenda in compliance with Section 10.40.040 \Hearing Procedure)
2. Prior to making a decision, the Director may 111stead refer the matter to the Comm1ss1on for review and final decision.
3. In the event that the Commission is unable to reach a maJority decision, as evidenced by a tie vote, the appli cant shall have the option of contmuing the public hear 1119 until such time as a maJority vote can be obtained or consider the application denied.
Chapter 10.40 Public Hearings
4 The decision of the Council on any matter shall be
final and conclusive
B. Notice of Decision
1. Provision of notice. Written notice of the final
decision shall be given by mail within seven days
after the date of the decision to the applicant and
any persons filing a written request for notice of the
decision.
2. Contents of notice. The notice of the final decision shall conta111 applicable findings conditions of ap
proval. reporting monitoring requirements deemed
necessary to mitigate any impacts and protect the
public convenience health, interest. safety or general
welfare of the City and the procedure for appeal
10.40.070 Effective Date of Decision
A. Director's or Commission's Decision
The dec1s1on of the review authority Is final and effective after 5:00 p.m. on the 14th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 10.20 'Ap
pealsl.
B. Council's Decision
1. Adoption of ordinance. Council s act on to adopt or
amend a spec f1c pla1� adopted by ord111ance th s Zon
1ng Code, or the Regulating Plan shall become effective on the 35th day following the date the ordinance Is actu ally adopted by tre Council.
2. Adoption of resolution. Council s act on to grant a
permit or other approval or adopt or ar1end the Gen
era I Plan or a specific plan adopted by resolution Is
final and shall become effective on the actual date the decision is rendered by the Council.
10- 1 s
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1 0- 16 ' I /,
Chapter 10.50 Enforcement
Sections:
IU.'.:>U.OIU
1 0.50.020
10.50.030
10.50.040
10.50.050
10.50.060
Purpose and Intent
Permits and Approvals
Enforcen1ent Responsibility
Inspections
Violation
Legal Remedies
10.50.070
10.50.080
10.50.090
10.50.100
Remedies are Cumulative
Recover of Costs
Additional Permit Fees
Reinspection Fees
10.50.010 Purpose and Intent
A. Purpose
The purpose of this Chapter is to establish prov1s1ons for erforcement of tl->1s Zon11'g Code The steps ir. the pro cess are outlir>ed as well as the per>alt1es involved.
B. Intent
This Chapter puts all persons on notice as to the pro
ceedings and peralt1es involved if any provis1or of
this Zoning Code s violated. '8.' 1-l.0' 0
10.50.020 Permits and Approvals
A. Permits in Conflict with Zoning Code
'\Jo department official or public employeL of the City who are assigned the authority or duty to issue certifi cates, permits or licenses shall cor,ply with the prov1· sions of this Zoning Code.
B. Permits Deemed Void
Ary certificate permit or license issued in conflict with any provision of this Zoning Code shall be null and void.
C. Existing Violations
\Jo ministerial or d1scret1onary cert1ficatio1' perr,,,,t. or license shall be issued by any department. official, or public employee of the City for a structure or use
subject to the requ1rer11ents of this Zoning Code on a
lot where the department. official. or public employee
1s aware that a violation of tris Zoning Code exists,
unless issuance of said certification. permit or license will directly result in the abatement of the violation. 18,114.020
l 0-17
Chapter 10.50 Enforcement
10.50.030 Enforcement Responsibility
A. Responsibility of Director
1. The Director shall exercise the authority provided in California Penal Code Section 836.5 and issue No
t1ces of Violation stop work orders, and Citations for
any violations of this Zoning Code pertaining to the
use of any land, and the addition, alteration, con
struct1O0 conversion, erection, installation, moving,
reconstruction, or use of any structure.
10.50.040 Inspections
A. Access
The building official may upon the presentation of
proper credentials to the occupant or owner, enter
a1'y premises or property at any reasonable time
for the purpose of investigating and inspecting the
premises or property in order to determine compli
ance with the standards of this Zoning Code.
10.50.050 Violation
A. Complaints Regarding Violation
Whenever a violation of this Zoning Code occurs
or is alleged to have occurred, any person may file
a complaint with the building official stating fully
the causes and basis thereof. The complaint shall be
investigated and such action thereon as provided by
this title taken as deen'ed appropriate 18.' 14.0401
B. Noncompliance with Permit Conditions
Whenever a complaint has been received or any
city official believes that the conditions of a Use
10.50.060 Legal Remedies
ThL City may choose to undertake any one or all of
the following legal actions to correct and or abate
a0v nuisances or v1olat1on s of this Zoning Code.
A. Civil Actions
1. Injunction. The City Attorriey may seek inJunctive
relief in superior court to abate any violation of this Zornng Code. lnJunctive relief may be sought at any
time including prior to the issuance or compliance
with the Notice to Comply 1f 1n the opinion of the
building official ar alleged violation of this Zon
ing Code may be injurious to the public health or
10 18
2. Wherever the term Director is used in this Chapter
1t shall be understood to mean the Director or the
designee(s of the Director.
B. Police Chief and City Attorney Responsibility
The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Zoning Code.
B. Failure to Allow Inspection
If admission or entry 1s refused, the building official may apply to the district attorney or city attorr"ey to obtain an inspection warrant. 18.114.030
2. Failure to allow access for any inspection or reinspec tion may result 1n the denial, revocation, or voiding of the permit or approval. as applicable to the status of
the permit or approval
Permit. Variance, or other approval granted under the
provisions of this Zonmg Code have been violated, the
building official shall investigate such allegations.
2. fa violation, in the opinion of the buildirg official. has occurred, an official 'Notice to Comply'' and or compl1 ance letter ll"ay be given
3. If correction of the v1olat1on,s' does not occur 11v1thin the specified period, the buildirig official may 1nit1ate revocation proceedings in accordance with the provi
sions of Chapter 102. 18.114.050
safety 18.114 070
2. Abatement proceedings
a Ary structure set up. erected, constructed altered,
enlarged, corverted, moved, or maintained contrary
to the provisions of this Zoning Code, or ary use of
structures or premises conducted operated, or main
ta1ned contrary to the provisions of this Zoning Code
or contrary to a permit or variance or the terms and
cond1t1ons of an approval 1s declared to be unlawful
and a public nuisance.
b The District Attorney or City Attorney shall com
10.50.060 Legal Remedies
mence action or proceedings for the abatement and
removal and enJoyment thereof in the manner pro
v1ded by law and shall take such other steps and shall
apply to such court or courts as may have jurisdiction
to grant relief as will abate and remove such structure and restrain and enjoin any person. firm, or corpora
tion from setting up, erecting building, maintaining,
or using any such structure or vehicle or us1rg any
property contrary to the provisions of this Zoning
Code. 18.114.080'
3. Nuisance abatement. The City may pursue any rem
ed1es or enforcement action s for the abatement of a
nuisance, in compliance with Municipal Code Chapter
8.20 rlealth f\Juisances
B. Civil Penalties and Remedies
1. Civil penalties. Any person. who willfully violates the prov1s1ons of this Zoning Code. or any permit or ap
proval issued in compliance Nlth this Zoning Code.
shall be liable for a civil penalty in compliance with the fees specified in Municipal Code 1.16 Citation Pro
cedures), for each day that a v1olation(s) continues to exist.
Chapter 10.50 Enforcement
2. Costs and damages. Any person violating any
provisions of this Zoning Code, or any permit or ap
proval issued in compliance with this Zoning Code.
shall be liable to the City for the costs incurred and
the damages suffered by the City. its agents. and
agencies as a direct result of the violation(s).
3. Procedure. n determining the amount of the
civil penalty to impose the Court should consider
all relevant c rcumstances. including the extent
of the harm caused by the conduct const1tut1ng
a v1olat1on s the nature and persistence of the
conduct. the length of time over which the conduct
occurred. the assets, liabilities, and net worth of the defendant whether corporate or 1nd1v1dual, and any
corrective action taken by the defendant.
C. Criminal Actions and Penalties
See Section 10.50.050 Violation
10.50.070 Remedies are Cumulative
A. Cumulative, Not Exclusive
All remedies contained in this Zoning Code for the han
dlir.g of violations or enforcement of the provIs1ons of this Zoning Code shall be cumulative and not exclusive
of any other applicable prov1s1ons of City County or
State law.
10.50.080 Recover of Costs
This Section establishes procedures for the r _covery of administrative costs, including staff and City Attorney t me expended on the enforcement of the provisions of
this Zoning Code in cases where no permit is required In order to correct a violat1or. The intent of this Sect•on Is to recover City administrative costs reasonably related to erforcement in compliance with Code of Civil Procedure
Section 1033.5 and this Section.
B. Other Remedies
Should a person be found guilty and COl"'v1cted of
an infraction or misdemeanor for the v1olat on of
any provision s of this Zoning Code or any permit
or approval issued in compliaf"ce with this Zoning
Code. the conviction shal not prevent the City frorn
pursuing ary other available remedy to correct the
v olat1on s.
A. Record of Costs
1. The Department shall maintain records of all adm1r
1strat1ve costs incurred by responsible City depart
ments associated with the processing of violations
and enforcement of this Zoning Code. and shall
recover the costs from the property owner if" com
pl1ance with this Section.
2. Staff and City Attorney time shall be calculated at
an hourly rate as established and revised from time
to time by the Council.
10-19
Chapter 10.50 Enforcement
10.50.080 Recover of Costs
8. Notice
1. Upon investigation and a determination that a
violation s of any of the provisions of this Zoning
Code. or any concl1tionls imposed on a permit or
approval 1s found to exist, the Director shall notify
the owner of record or any person having posses
sion or control of the property by mail, of the exist
ence of the violation s the Department s intent to
seek full reimbursement from the property owner
for all administrative costs associated with enforce
ment. and of the owner's right to a hearing on any
objections they may have.
2. The notice shall be 1n a form approved by the City
Attorney and posted on the property where the
violation is located
C. Summary of Costs and Notice
1. At the conclusion of the case, the Director shall
send a summary of costs associated with enforce
ment action (including any delinquent citation fees
to the owner and or person having possession or
control of the property by certified and first class
rnail.
2. The summary shall 1f'clude a notice 1n a form approved by the City Attorney, advising the responsi ble party of their right to request a hearing on the
charges for City cost recovery within 10 days of the
date of the notice. and trat if no request for hearing
1s filed the responsible party will be liable for the
charges.
3. In the event that no request for hearing is timely
filed or after a hearing the Director affirms the
validity of the costs, the property owner or person
in control shall be liable to the City 1n the amount
stated in the summary or any lesser amount as
determined by the Director.
4. The costs shall be recoverable in a civil act1or> in the name of the City in any court of competent jurisd1c
tion, or by tax assessment or a lien on the property
1n compliance with Government Code Section
34988, at the City s election.
5 The obligation to pay any urpa1d costs shall be
made a personal obligation of the property owner.
10-20
6. The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent. or in any other manner
provided for by law.
7. The City shall be entitled to recover all costs related to the civil action, including the City Attorney s fees.
D. Attorney's Fees
1. 1n any action or adm1nistrat1ve proceeding to abate a nuisance, the prevailmg party in the action or proceed
ing shall be entitled to recover reasonable attorney's
fees; however, the amount of attorney's fees awarded
to a prevailing party shall not exceed the amount of
attorney·s fees incurred by the City in the action or
proceeding.
2. An award of attorney s fees in compliance with this
Section shall only be allowed wf,ere the City elects at the initiation of the action or proceeding. to seek recovery of its own attorney's fees.
E. Request for Hearing on Costs
Any property m, ner or other person having possession
or control of the subject property who receives a sum
mary of costs shall have the right to a hearirig before the Director on their objections to the proposed costs.
1. A request for hearing shall be filed with the Depart ment w1th1n 10 days of the service by mail of the
Di.rector s summary of costs, on a form provided by the Departf'Y1ent
2. Within 30 days of the filing of the request. ard on 10 days ,vntten notice to the owner the Director shall hold a hearing on the owner's objections, and determ111e
their validity.
3. In determining the validity of the costs the Director shall consider vhether total costs are reasonable in the circumstances of the case. Factors to be considered
include·
a Whether the present owner created the violation s ,
b Whether there 1s a present ability to correct the
v1olation1s ;
c Whether tre owr,er moved promptly to correct the
v1olat1on s and
d, The degree of cooperation provided by the owner.
10.50.080 Recover of Costs
4. The Director's decision shall be appealable directly to the Council as provided by Chapterl 0 20 (Appeals).
Chapter 10.50 Enforcement
10.50.090 Additional Permit Fees
Any person who establishes a land use, in conflict with the established or approved use for a property, or
alters constructs. demolishes. enlarges erects. main
tams, or moves any structure without first obtaining
any permit or approval required by this Zoning Code,
shall pay the additional permit processing fees In com
pliance with 9. 1 0.050 Application Fees for the correc tion of the v1olat1ons before being granted a permit for a use or structure on the site.
10.50.100 Reinspection Fees
A. Amount and Applicability of Reinspection Fees
1. A rernspectIon fee shall be imposed on each person
who receives a Notice to Comply notice and order, or
letter of correction of any provision of the Develop
rnent Code, any permit or approval issued In com
pliance with this Zoning Code the 1\i\unicipal Code,
adopted Building Code or State law
a, The fee amount shall be established rn compliance
with 9. 1 0.050 Application Fees .
b, The fee may be assessed for each inspection or
reinspect1on conducted when the particular v1olat1or>
for which an InspectIon or reInspectIon is scheduled
1s not fully abated or corrected as directed by, and
w1th1r the time and manner specified in, the notice or
letter.
2. The fee shall not apply to the original inspection to document the violation(s) and shall not apply to the
first scheduled compliance inspection made after the
issuance of a notice or letter, if tt",e correction s has been made
B. Continuation of the Original Case
1. If a notice or letter has been previously issued for the same violation and the property has been in com
pliance with the provIsIons of this Zoning Code or the
,vlun1c1pal Code for less than 180 dJys. the v1olat1on
shall be deemed a continuation of the original case,
aPd all inspections or remspections. including the first inspection for the repeated offense, shall be charged
a reinspection fee.
2 This fee is inter>ded to cor,pensate for adm1nisrra
tive costs for unnecessary City inspect101'S and is not a penalty for violating this Zoning Code or the \ilu
ricipal Code.
3. Any re111sp1xtion fees imposed shall be separate
and apart from any fines or penalties imposed for
violation of this Zoning Code In compliance with
Municipa Code Chapters 1.20 General Penalty and
1 . 1 6 <Citation Procedures Chapter 1O5 1 Penalties ,
or costs incurred by the City for the abatel""'lent of a public nuisance, In compliance with Mun1c1pal Code
Chapter 8.28 Property Maintenar>ce .
10-2 1
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\ 1 ' ' 1
Chapter 10.60 Penalties
Sections:
I U.bU.U I U Purpose
10.60.020 Violations - infractions and Misdemeanors
10.60.010 Purpose
The purpose of this Chapter is to provide penalties for 111fract1ons and misdemeanors related to violations of this Zon11 g Code.
10.60.020 Violations - Infractions and Misdemeanors
A. Infractions
' Guilty of an 1,ifract1on. Any corporatior fin.,, or person whether as principal agent. e!T'ployee or otherwise, v10 lat1ng or causing tre v1olat1or, of any of tt,e provisions of this Zoning Code shall be gui ty of an nfract1on un
les') otherwise specifically stated.
2. Penalties for infrJctions. Penalties for mfract ens shall be as spec1t1ed 1n Government Code Sect101' 36900 and
i'vlu1'ic1pal Code Chapter 1. 1 6 General Penalty .
B. Misdemeanors
·. Ary person, firm. corporatior owrer of tre lar,d
or possessor who violates or who causes permits
or allows a v1olat1on of any provision of this Zonirg
Code 1s guilty of a 1.,,..,1sdemeanor and upor' conv1c
t.or shall be punished by the folio v1ng.
a A fine of not rnore thar S 1 000 00·
b By 1mprisonr1ent 111 the county Jail for not ex
ceeding six montrs· o,
c By botr the fine per Section a a•1d •r,,prisonrnePt.
2. Each day the v1olat1on of this Zon10g Code con
t nues shal be considered a separJte offerise
18.' 14.060
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10-24
Article 11 Definitions
Chapter 11.10 Definitions 11-3
. u.O u ,-Jurpos) 1
• 1 1 O 020 Def1'11t1ons o' Spec1a zed Tt ,..rl"<i c1ncl Dtir-,<ies 1, 3 1 1 - 1
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1 l -2 ' ) T l "\ :\ J 7
Chapter 11.10 Definitions
Purpose
Sections:
11.10.010
11.10.020 Definitions of Specialized Terms and Phrases
11.10.010 Purpose
This Chapter provides defin1t1ons of terms and phrases
used in the Zoning Code that are technical or special
ized, or that may not reflect common usage. If any of
the defin1t1ons ,n this Chapter conflict with definitions In other prov1s1ons of the Mu111c1pal Code these defin1t1ons shall control for the purposes of the Zo111ng Code. If a word 1s not defined in this Chapter or ,n other provisions of the City of Tehachapi Mun1c1pal Code the Director shal deterrn1re the correct defin1t1on.
11.10.020 Definitions of Specialized Terms and Phrases
For tre purpose of this Section, the fol 0N1ng terms shall be defined as follows:
A. Definitions
Abutting. Having a common property line or zone
boundar, or separated by a private or public street or
easemert.
Accessory structure. A detached structure subordi
nate to the primary dwelling on the same residential
lot, serving a purpose customarily inc1deNal to the
principle use of the main use, structure, ard which
does rot change the character of tre principal use.
Facilities attacred to a structure are considered a part of the structure.
Accessory Dwelling Unit (ADU) (land use
type). As defined by Ca 1forn1a Governrr'ent Code
<i6631 3 an ADU ,s ar- attached or a detached
res1dent1al dwelling unit that provides cor'plete
1rdependent living facilities for one or more
persons and 15 located or a lot vv1tr a proposed
or existing primary resider'ce Con p ete irideper
dent hVPig fucil ties •re ude perrna,'ert prov,
s,ons for living, sleeping, eating cooking, and
sanitation or the same parcel as the s1r'gle fan,dy
or multifamily dwelling 1s or will be situated. An
ADU also 111cludes an efficiency un t as det,ned 1r.
California r.ealtb ar'd Safety Code �' ,958 ' and
,J ma11ufactured i'ome as defined by Ca 1forr1a
Health and Safety Code � 18007
1 I · 3
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Ph rases Adult Day Program. As defined by California
Health ancl Safety Code§ 1502, any community
based facility or program that provides care to
persons '8 years of age or older •n Peed of personal services superv1s1on. or assistance essential for sustaining the activities of daily living or for
the protection of these individuals on less than a
24 hour basis.
Adult Entertainment (land use type) Any com
mercial activity whether conducted intermittent
ly or full time. which primarily involves the sale
display exh1b1t1on or viewing of books. mag a
z1nes. films, videos. photographs or other materi
als, distinguished or characterized by an empha
sis on matter depicting, describing or relating to
human sex acts or by an emphasis on male or
feniale genitals. buttocks or female breasts. Such
activity includes adult book stores. ,1dult arcades.
adult movie theaters. sexual encounter establish
ments. adult cabarets. r,assage parlors and adult
theaters which exclude minors by virtue of age.
Agriculture (land use type): ArecJs 1n some
forr, of cultivation such as row crops. orchards,
or greenl">ouses. and the rearirg of animals that
contaiP a ltm,ted arnount of greenhouse struc
tures and buildings that support agricultural
operatior�
Alcohol Sales, off-site (land use type). Sales
act1v1ty associated vith alcoholic beverages be
mg purchased for off site consumption such as
occurs at a liquor store or grocery store. A liquor
store s d1st11,ct from a grocery story as the liquor
store primarily se Is "'1ne, beer, and or spirits and
may also sell convenience merchandise including
food products.
Alley: A public or private way to be used primar
ily for vehicular access to tr>e back or side of a
parcel of recJI property tr>at otherwise abuts a
street.
Allowed: Perta1111ng to hazardous materials. an
instance in ,,h,ch the use of chemicals on a site is
not regulated by tr>e Zoning Codt::>.
1 1-4
Alter: To create physical change in the internal ar
rangement of rooms or the supporting members of a
structure, or a change in the external appearance of
any structure. not including painting.
Antique Collector/Store: A specialty store which
sells items that are desireable because its age. beauty, rarity, condition utility personal emotional connec
tion and or other unique features. Such store may
sell antiques, curios, gifts souvenirs and collectible
items including sports cards and comic books.
Applicant: Any 1ndiv1dual firm or any other entity
that applies to the City for the applicable permits to
undertake any construction or development proJect
within tl">e City
Architectural features. An exterior building feature
111cluding roofs. windows doors corrnces. canopies
porches. stoops. balconies. eaves, or sirnilar design
elements.
Artisan/Craft MFG (land use type)· Manufacturing
MFG activity associated with artisanal products and
crafts such as but not limited to saddles, bootwear
and jewelry. May also include on site sales of prod
ucts manufactured.
Art Gallery/Exhibition (land use type) an establish
ment focused on the display exh1b1t1on and sale of
visual art.
Attached Structure or Dwelling: Any structure
, 1,ic11 s �tructurall1 J part of or has a cor'"r,or wall and or continuous roof witr a maiP structure. except
where such connection ,s a breezeway or walkway in
c1dental to and not a recessary part of tl'e construe
t1on of the main building.
8. Definitions
Big Box, Discount Clubs, and Discount Superstores: A retail superstore that sells a ,ery v1de range of r,erchandise, from large household appl ances to
,terns such as groceries and prarmaceuticals '.Nith
more than the average ,rn,ount of space and variety
of stock. Size of building would exceed 50 000 square
fe�t to be classified as a big box, discount club or
discourt superstore.
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Block: An area of land separated from other areas by
adJacent streets, railroads, rights of way, public areas or the subdivision boundary
Brewpub (land use type) An establishmt?nt that
produces alcoholic beverages such as ales. beers,
meads. hard ciders, in quant1t1es of W,000 barrels or
less annually for all beverage types combined. This
includes service of brewed beverages in coniunction
with service of food, distribution of beverages for
off site consumption, and retail sales of beverages for off site consumption in keeping with the regulations
of the Alcohol Beverage Control (ABC) and Bureau of
Alcohol, Tobacco, and Firearms (ATF). This does not
include" holesale beverage sales.
Broadcasting/ Recording Studio (land use type)
A facility"" here information or programming 1s
broadcast or recorded for usage by customers by
radio television, or internet.
Building Site The ground area of a bui ding or build
"'9S together • 1th all operi spaces required by this
code, and wh1Ch site has its principal frontage upor a
street.
Business and Personal Services (land use type)
Establishments prov1d1ng non medical services to
individuals as a primary use. Exar1ples of these uses
i•iclude:
barber arid beauty sr,ops
clothing rental
dry cleaning pick up stores with ilr11ted equip
ment
home electronics and small appliance repair
locksmiths
pet groorrnng with no boarding
hair and beauty salons
shoe repair shops
tailors
tanning salon
These uses may also include accessory retail sales of
products related to the services provided
C. Definitions
Cannabis: All parts of the plant Cannabis sat,va
nnaeus Cannabis 1ndica, or Cinnab1s rudera
l1s, whether growing or not; the St?t?ds thereof
the resin, whether crude or purified, extracted
from any part of the plant: and every corn pound,
manufacture salt, derivative r11xture, or prepara
t1on of the plant ,ts seeds. or resin. 'Cannabis.,
also means the separated resin. whether crude
or purified obtained from cannabis. 'Cannabis'
includes cannabis that is used for medicinal,
adult use, or other purposes. Cannabis does not
include the mature stalks of the plant. fiber pro
duced from the stalks oil or cake made from tr,e
seeds of the plant, any other compound maru
facture salt, derivatl'te, mixture, or preparation
of the mature stalks except the resin extracted
therefrom , fiber, oil, or cake, or the sterilized seed of the plant which 1s incapable of germ1nat1on.
'CanPabis' also does rot include 1rdustr1al hel"'p
as defined in California Health and Safety Code
sect 01' '10 1 8.5.
Cannabis Product(s): Ca1wab1s that has u1,der
gone a process whereby the plant material t,as
been transformed into a concentrate, 1nclucl1rg
but not limited to, concentrated cannabis or an
edible or topical product conta11'11'g cannabis or
conG•ntrated cannabis and other ngred 1'b.
Car Wash (land use type) A fac, 1ty that prov des
:isr, ng suvice fo1 vehicles. Such fac1ht es n'ay
be an 111depePcle'1t business on a �,te or part of
the services provided by a Gas Station.
Cinema (land use type). An establishment srow
1119 filn' product ons •' ,thin a11 enclosed buildirg
City: Thp City of Tehachapi.
City Council. The Tehachapi City Council. referred
to n the Zoning Code as the ·council.
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Ph rases City Engineer. The Engineer of the City. The land
surveying functions of the City. Engineer may be
performed by the City Eng1Peer 1f that person
was registered as a civil engineer before Janu
ary 1, 1982 (R.C.E. No. lower than 33.9661, or is
a registered land surveyor, by a City Surveyor if
that posItIon is created by the City or by another
person authorized by State law to perform land
surveying and designated by the City Engineer
Government Code 664 16.5 .
Civic (land use type): not for profit organizations
dedicated to the arts, culture. education. govern
ment. transit and municipal parking facilities.
Civic Building. A building that contains as it
pnrnary land use any of the uses identified 111 the
Office a1'd C1v1c' category of the land use table
for the zone
Civic Space: An open area dedicated for public
us, typically for com!T'unity gatherings.
Collection Facility, small (land use type) A
facility open to the general public that receives
and processes limited materials to be recycled
such as paper cans. glass. and plastic. Such
facilities range from self contained processing
units that are temporarily located in a parking
lot up to permanent facilities with area within a
bL,ild1ng or outside to temporarily store materials
"hde they are processed or shipped off site.
Commercial Cannabis Activity: The cult1var10P
possession, manufacture d1stribut1on, process
il'g, sto11ng, laboratory testing, packaging. label
1119, transportation, delivery or sale of cannabis
and cannabis product for medicinal adult use. or
any other purpose and includes the activ1t1es of
any business licensed by the State under D1vi
sion 1 o of the California Business and Professions
Code or any provision of State la•-v that regulates
the licensing of canr,ab1s businesses Commercial
cannabis activity does not include the cult1vat1on,
possessio1, storage manufacturing. or transpor
tat1or of cannabis by a qualified patient for their
persora r,ecfical use so long as the qualified pa
tient does not provide, donate sell or distribute
cannabis to Jny other person. Commercial carna
bis activity also does not include the cultivation,
1 1-6
possession, storage manufacturing. transportation,
donation or provision of cannabis by a primary care
giver. exclusively for the personal medical purposes
of no more than five specified qualified patients for
whom he or she is the primary caregiver but who
does not receive remuneration for these activities
except for compensation in full compliance with Cali
forn1a Health and Safety Code section 11362 765
Commercial cannabis use: The use of any property
for commercial cannabis activity
Commercial Message: Any message image, logo,
trademark. or other content that advertises pro
motes, or identifies a business. product. service, or
commercial entity. Historical depictions of former
businesses or industries as part of community history
are not considered cor1n,erc1al messages.
Community Care Facility (land use type): Any fac1I
1ty place, or building maintained and operated to
provide non medical residential care, day treatrner,t
adult daycare. or foster farrily agency services as de
fined by California Health and Safety Code�' 502,a .
Small. A community care facility serving six or
fewer persons.
Lorge A cornr,1unity care facility serving seven or
more persons.
Compassionate Use Act: -he Cor1pass1orate Use
Act of 1 996 Propos1t1on 21 5
1 , codified as California
Health ar,cl Safety Code Sect1or 11362.5.
Concentrated Cannabis: Manufactured cannabis
that has undergone a process to concentrate one or
more active cannab1no1ds. thereby increasing the
product s potency Resin from granular tnchomes
from a cannabis plant Is a concentrate.
Coverage
1. Structure: The floor area of tl'ie largest story of a structure d1v1ded by the total site area.
2. Accessory Structures: Tt,e surr, of the footprint
area of al structure� or, a ot.
County: Kern County.
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Cultivation: Any act1v1ty involving the planting,
grow ng, harvesting, drying, curing, grading, or trim
ming of cannabis.
D. Definitions
Data Center. A large group of networked computer
servers typically used by organizations for the remote
storage, processing. or d1stnbut1on of large amounts
of data.
Day Care (Large House): A day care facility located
in a residence where an occupant of the residence
provides care and supervision for 7 to 14 individuals.
Children under the age of 10 years who reside in the
home count as children served by the day care foci!
1ty
Day Care (Small House): A day care facility located
11 a res1de11ce where an occupant of the residence
provides care a 1d supervision for either six or fewer
1rdiv1duals, or eight or fewer children provided tl1at
no more than two of the children are under the age of
two and at least two of the children are over the age
of six. Children under the age of 10 years who reside
in t1'e horie count as children served by the day care
facility
Day Care Center: Commercial or non profit day care
fac lity that provides nor r-,ed1cal care and superv1
s1on of ind1v1duals for periods less tra1' 24 hours r
a non res,dert•al buddi11g Includes infant centers,
preschools sick child centers, child nurseries. school
aged day care facilities arc! adult day care facil1t1es.
These may be operated in conJu1'ct1on with a school
or church facility or as an ndependent land use
Days. Calendar days unless this Part or State law
specifies otherwise.
Delivery: -he commercial transfer of cannabis or can
nab1s products to a custor,er. 'Delivery also includes
the use by a retaile1 of ariy technology platform.
Density Bonus: A density increase over the other
',se n,aximur, allowable residential density under
the appl1cab1e zon ,,g ordi,,ance and lard use ele
ment of the General Plan as of the date of applica
t1on by the developer to the City \Government Code
ti659 I 5 f
Department The City s Comri1unity Develop
ment Department
Development. The uses to which the la11d wriich
s the subJect of a map sriall be put tre structures
to be constructed on it, and all alterations of the
land and construction incidental to the uses,
structures, and land 1Governrnent Code 66418.1 .
Director· The Planning Director or their des1gnee.
Display An item or arrangement of items indoors
that 1s not attached to a window, door or wall.
Distribution: The procurement, sale, and trans
port of cannabis and cannabis products betweer
entities licensed under Div1s1on 10 of the Califor
nia Business and Professions Code, as the sume
may be amended from time to tin1e.
Drive-Through (land use type) -"e component
of ar establ shrr>t.l't that catt. s exclusively to
customers ,vhile 1n their vehicles.
Dwelling Unit: A roan' or group of internally con
.,,.,cted rooms that have sleeping, cooking. eating
and sanitation fac1lit1es, but not r1ore tha,, one
kitchen v;h1ch constitute an independent house
keeping unit, occupied by or intended for one
household on a long terrn basis.
E. Definitions
Emergency Shelter (land use type) "10us1ng
•v1th minimal supportive services for homeless
persons limited to occupancy of six r1orths
or less by a homeless person. No 1nd1v1dual or
household may be denied emergency shelter
because of an inability to pay (Health and Safety
Code §50801 . Emergency shelter includes other
nterim 'ltervent1ons. including, but not I m1ted
to, a nav1gat1or certer bridge housing and
respite or recuperative care Government Code
�65583 a,{4i C J.
11- 7
Chapter 11.10 Definitions
11.1 0.020 Definitions of Specialized Terms and Phrases Employee Housing (Residential) (land use
type): Housing serving six or fewer employees
that is deemed a single family residential use
pursuant to Health and Safety Code § 1702 1.5,
subJect to the same process111g procedures, de
velopment standards, and permit requirements
as residential dwellings of the same type in the
same zone.
Employee Housing (Agricultural) (land use
type): Housing for agricultural employees
consisting of no more than 36 beds in group
quarters or 12 units or spaces that Is deemed an
agricultural use pursuant to Health and Safety
Code § 17021 .6 sub1ect to the same processing
procedures, development standards. and permit
requ rer1ents as agricultural uses in the san1e
zone. Permitted occupancy 1nclud1ng agricultural
employees who do not work on the property
where the hous11,g is located, consistent with
§ 7021 6 b.
Environmental Assessment. An assessment
conducted in compliance with the provisions of
the California E11vironmental Quality Act CEQA ,
Cal fornia 0ublic Resources Code Section 2 1000
et seq
F. Definitions
Family: A person liv1rig alone or two or more
persons living together as a single housekeeping
u,,It 1nclud11'g necessary servants, Ir a dwelling
ur t, as cl1st1ngu1shed from a group occupying a
boarding house lodging house, motel or hotel,
fraternity or sorority house.
Flood: The threat of overflow storm1,1.aters having
the capability to flood lands or improvements.
transport or deposit debris, scour the surface
soil, dislodge or damage structures, or erode the
banks of channels.
Floor Area: The sum of the gross areas of all
stories of a structure r'easured from the exterior
faces of the exterior walls. The floor area shall
include any structure that has a roof and Is e,,
closed so as to pro" 1de shelter from the eler1ents
on three or more s des
1 1-8
Floor Area Ratio: The floor area of the building di
v1ded by the total site area
Fully Enclosed and Secure Structure: A space that
satisfies all of the following criteria.
1. t Is located vithin a private residence or an acces
sory structure (i.e. greenhouse) located upon the
grounds of a private residence,
ii It has a complete roof enclosure supported by
connect1119 walls extending from the ground to
the roof;
iii. It is secure against unauthorized entry·
iv. t provides complete visual screening
v. t Is accessible only through one or more lockable
doors; and
vi. It is inaccessible to minors.
Funeral Home (land use type)· An establishr,ent
,vhere the dead are prepared for burial or cremation.
G. Definitions
Gas Station, commercial vehicles (land use type)·
A facility selling gasoline to the general public for
vehicles such as trucks, buses and heavy equipment
which may include an on site store selling a var•ety of food rPlated items and beverages.
Gas Station, non-commercial vehicles (land use
type) A fac1lit1 sel .,g gasol "lE. to t!-,e Qt n"'ra publiL for motorcycles, passenger ver1cles and recreational
vehicles w!-,ich often includes an on site store selling a variety of food related items a1'd beverages.
General Plan: The City of Tehachapi General Plan,
includ1rig all its elements and all amendments. as ad
opted by the City Council in compliance with Govern
ment Code Section 65300 et seq. and referred to ,n
the Zoning Code as the 'General Plan.'
Government (land use type)· Office act1vIty that 1s
in d1rc:ct support of govenment agencies such as ti-,e
City of Tehachapi, the County tre State or the Federal
Government.
Green (land use type)· .arge unobsrructed areas
for passive or active recreatior. t!-,roughout neighbor hoods. Greens are between 1 2 arid 2 acres In size
al"d often contain Cor1rnunity Gardens and Play
grounds. Greens are pnn1arily landscaped.
Chapter 11.10 Definitions
11.1 0.020 Definitions of Specialized Terms and Ph rases Greenway (land use type): Community and
regionally oriented. passive open spaces as they
often traverse multiple neighborhoods. Greenways
are at least 25 feet wide, are opportunistic such as the reclaiming of areas within overhead utility easements
or are sometimes in response to natural conditions
such as an existing natural feature that serves as
a convenient backdrop. Greenways are primarily
landscaped.
Ground Floor (land use type): Dwelling s located
on the first floor of a build1ng·s street facing facade sl H. Definitions
Health/ Fitness (land use type) A land use that
provides health tra1n1ng and equipment that may
include on site shower facilities food and beverages.
Height:
1. Sloping Lot. n any zore on lots that s,ope, the
r1ax1mun-, re1ght of the structure shall be as set
forth in the district and measur"d vertically frori
ground level at the front setback line or if no
setback is requirPd, at the c nter of the lot.
2. Non-Transect Zones. For the purpose of establishing rlqu1red setbacks. height shall be defined for every poi rt witrin the footprint area of an
accessory structure, 1nclud1rg a treehouse as tre
vertical distance between grade and the highest
part of the structure directly above. Ye1ght in all
cases shall .r c1ude any slab. platforrr pad, "'lound
or similar elevated base above pre exist1rg grade
3. Transect Zones. Height 1s determined in two
••ays. a number of stories and b maximum over
all height.
a. Number of stories. The number of stones in
a structure allowed above grade. See Stories.
b. Overall. �he vertical distance between grade
and the highest part of the structure directly
above.
Home Occupation (land use type) A discretionary
permit 1ssuecl by the Planntng lvlc1 1ag"'r for home
bus1resses located in a dwelling. See Chapter 9.40
'"10ll'e Occupat10P Perm1tJ
Hotel/ Motel (land use type)· A lodging estab
lishment providing ind1v1dual rooms to be rented
for r,o less than a day.
Household Pets: Animals permitted in a dwell
ng and kept only for tre company or pleasure
provided to the occupants.
I. Definitions
Identification Plaque: A permanent sign affixed
to or near a mural or public art installation that
1dent1fies the artwork title, artist name(s), date
of installation, and Jar donated works donor
acknowledgment.
Improved: An area which has been paved or
plantPd and 1s permanently ma1nta1red as such
Improvements. ncludes all of the following:
Bridges. curbs driveways, flood control or
storr1 drai<iage f,K1l1t1es, freeway,, gutters,
interchanges l1ght1ng facilities, ove1c•ossings,
public utilities, sarntary sewers and facilities,
sidewalks, street work traffic controls. water
fac11it1es, landscaping and fences to be rstallt'd
by the subd1v1der on the land to be used for
public rights of way, private streets and ease
rents as a condition of riap approval and
2. Any other 1mprove1T>ents necessary to ir,ple
rT'ert the General Plar or a specific plan and as
defred by Go,,ernr1e1't Code 664 19 Sections
664 1 9 66452.6 a 3 .
Incentive: As applies to density bonuses. a regu
latory or finaric1al concession, gr art. refund or
waiver which reduces or avoids proiect costs.
Independent Institution of Higher Education:
As defined by Cal1forn1a Education Code �6601 O
a rionpublic higher educat1ori inst1tut10<1 trat
grant undergraduate degrees, graduate degrees
or both, and is formed as a nonprofit corporation
' l '1
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Ph rases Indoor Recreation (land use type): An establish
ment providing indoor amusement and enter
tainment services for a fee or admission charge,
including any of the following ilS primary uses.
bowling alleys
card rooms
coin operated amusemer>t arcades
dance halls. clubs and ballrooms
electronic game arcades video games, pin
ball, etc.
ice skating and roller skating
pool and billiard rooms
Four or more electronic games or com operated
amusements In any establishment. or a premises
where 50 percent or more of the floor area is oc
cup1ed by amusement devices are considered an
electronic ga,Y'le arcade as described above; three
or fewer machines are not considered a land use
separate from the primary use of the site. This use
does not include adult entertainment.
Indoors: {' thin a fully enclosed and secure
structure.
Inn, B&B (land use type)· A lodging establish
mel't of no r"'Ore thar 25 rooms providing 1ndi
vidual rooms to be rented for no less than a day
and that includes breakfast service.
J. Definitions
Junior Accessory Dwelling Unit (JADU) As
defined by Cal1forn1a Goverr>r,ent Code §66313,
a 1ADLJ is J residential unit tbat:
1. Is no n'ore than 500 square feet of interior
livable space In size,
2. Is contained entirely within an exIstIng or
proposed single fan,ily residence, including
attached garages. which are considered part
of the single family residence;
3. May include separate sanItatIon facilities or
may share sanitation facilities with the e-<ist
ing or proposed primilry dwelling, ,1nd
4. Includes an efficiency kitchen with cookmg
appliances, a food pr"parat1O11 counter and
storage cabinets of reasonable sIz.::?.
11 - '0
K. Definitions
Kitchen: A room that is utilized for the preparation of food and contains a kitchen sink.
L. Definitions
Land Development Committee (LDC): The Land
Development Committee Meeting LDC Is intended
to rally all relevant stake holders including the appli cant around a project early on in the process in order
to address issues. develop draft cond1t1ons and help
navigate the project through the entitlement process.
Laundromat / Dry Cleaning (land use type): An
establishment with coin operated ,,ashing 1Y1ach1nes
and dryers for public use.
Library (land use type): Public or quasi public
facilities •11th literature, art and educatior,al material for vie�, Ing or :oaning, examples of whch include:
art galleries and exhibitions. historic exhibits, ar,d
libraries. 1v1ay also include accessory retail uses such as a gift book shop, etc.
Live/Amplified Music (land use type). A land use
focused pri!'l1arily on live n1usIc perforr1ances, inside or outside. which may or may not include the use of
amplifiers.
Live/Work Unit. A dwelling uI'1t located w1th111 ar
exIst·ng operating commercra, o, industrial building.
The unit may provide complete independent living
facilities for one or more persons al'ld may have per
manent provisions for living sleep11,g, eating. cook
ing and sanitat,ol'
Loading spaces, off-street: Permar'ently rm proved
and ma111tamed areas contiguous to the s,te, not less
than 12 feet in v1dth 25 feet in length, with a clear
ance height of not less thar 16 feet.
Lot. A portion of land separate from others and
delineated or described as a single 111tegral unit on a subdivision map or by other map approved under the
Subd1visior, vlap Act.
Lot Area: Tl,e computed area co11tdined v1thin the
ot ::ir property lines.
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Lot, Corner: A lot bounded on two or more adjacent
sides by street Imes at their intersection. provided.
that the interior angle of intersection does not exceed 135 degrees. or a width r.ot greater than 75 feet. The
point of 1ntersect1on is the corner
Lot Coverage: See 'Coverage
Lot, Interior: A 1ot other than a corner lot.
Lot, Key: A lot with a side lot line that abuts the rear lot line of one or more adjoining lots.
Lot Line. Any recorded boundary of a lot.
Lot, Reverse Corner: A corner lot which has its exte
rior s1deyard adjacent to tt>e front yard of tre abut
ting lot
Lot, Through: A lot. other than a corner lot. having
frontage on t vo parallel, or approximately parallel
streets.
Lot Width and Depth .ot width 1s the shorter
�v•'ragt: rorizontal d1mens on generally
perpendicular to the longer average horizontal
dimension. which is the depth.
Low-Barrier Navigation Center (land use type): A
Housir,g �irst. OIi\ barrier servtCe enriched shelter
focused on moving people into permanent housing
that provides te1.,,.,porary living facilities wrile
cc1se managers connect individuals experiencing
bor-ielessness to iricorne, public be11efits health
services, shelter, and housing. A low Barrier
Nav19at1on Center may be non congregate and
rPlocatable GovernlT'ent Code§ 65660 et seq.
M. Definitions
Maintenance Covenant: A recorded covenant
r 11'n1ng 1th the land that obligates the property
owner and successors 111 interest to maintain a
,nural or public art nstallat•on in good condition
In accordance with the standards and procedures
established in Chapter 9., 'J Murals a1 d Public Art
Perm•ts
Manufacture: -o compound bler,d extract, il'iuse. or
other •Ise make or prepare a cannabis product.
Manufactured Home: A structure, as defined
by Cal1forn1a Health and Safety Code ::118007,
that 1s manufactured In accordance vvith the
National Manufactured Housing Co11struct1on
and Safety Standards Act of 1974 42 U.S.C
�1,3 5401 et seq. and installed OP a permanent
foundation system pursuant to Health and Safety
Code ::i 1855 I \rlanufacturect homes are a type of
single family residential use and are subject to
the same development standards and ministerial
processing as conventional single for11ily
dwellings, consistent with Government Code
§65852.3.
Manufacturing (land use type): \.1 mufacturing
that includes both perishablt.s arid ·ion
perishables. See 'l\,\anufactur1ng, perishable' and
Manufacturing. nor> per·shable.
Manufacturing, perishable (land use type) -1-ie
making of products ntPnd"d for pL.rcrast� J 'd
use in the short term such as food and cordi
rnerts •.1s1ng machnery
Manufacturing, non-perishable (land use
type): The rnak1 g of products that are non
perishable using machrnery
MAUCRSA: The Medicinal and Adult Use Can
"Jb1s q1::gulat on and Safety Act as codified 1n
D1vis1011 1 0 of tl'e Busrness arid ::>rofess1on) Code. as tl,e sa1T1e n'ay be an'ended fron' time to time
Medical Services (land use type) A facilrty other
thar, a hospital h1::r-- r1ed1cal dt. ..,tal, r.'er.tal realth, surgical, massage cert1f1ed tl'erapeut1c,
non sexual and or other personal health care
services are provrded on an outpatrent basis for
ex.1rnple, chiropractors, medical doctors, psy
ch atnsts, etc.. other than nursmg staff w1th1n dt'
individual office suite. These facilities may also
include 1nodental med cal laboratorres.
Meeting Facility (land use type)· A facility that
s avaihble for publ c 1ssernb y such as a col'ter
ence hall. club hall lodge, performing arts cenkr
Jr"'phitheater or e11ent faci ity or for religious
worship. ,ucr a, a ch,uch, terr pie or mosqL1e
1 , - 1 1
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Micro-Brewery (land use type): An establish
ment that brews less than 310,000 gallons
, 10,000 barrels' of alcoholic beverages such as
ale. beer, mead, hard cider and does not exceed
5 000 square feet of floor area
Mobile Home Park/Subdivision (land use
type): An area of land where t·vo or more manu
factured horres or mobilel1omes are located,
1nclud1ng:
1. Mobile home parks. as defifled in Health and
Safety Code� 18214 where spaces are rented
or leased to accommodate manufactured
homes or rrobilehomes. and
2 Mobile t->ome subdiv1s1ons designed and im
proved for manufactured homes on individu
ally a,, red lots. �his lar,d use type includes
facilities and ar1en1t1es used in common by
occupal'ts.
Motor Vehicle Sales, new (land use type). activ
t, focused or t
11e salt: of ne,., motor vehicles that
involves the display of inventory.
Motor Vehicle Sales, used (land use type)· ac
t1v1ty focused on the sale of used motor vehicles
that involves the display of inventory.
Motor Vehicle Rentals (land use type) Activity
focused or, the rertal of motor vehicles "'11th the
11wer,tory being readily available either on site or
1n a rernotP site
Multi Family Residential (land use type) a
budding occupied by multiple households 1n
mult pie clwell1rgs.
Mural: A Nork of visual art that s painted, tiled,
or other -vise applied directly to an exterior wa'I
facade, or other exterior vertical surface of a
buildir.g or structure and that does not contain
any commercial message. Murals may be hand
pa111ted hand tiled, digitally prir,ted or created
through other art1st1c techniques applied to the
surface. rvlurals do not includ" ten1porary clecora
tive painting or routi11e building maintenance
pa·nt1ng
1 I 1 2
N. Definitions
Nature (land use type)· Areas that are to remain un
developed and that generate their physical character
through their natural topography, trees and plants.
Nightclub (land use type): A land use associated
with an establishment focused primarily on dancing
that may or may not include alcoholic beverages and
typically is open later than most restaurants.
Nature (land use type)· Natural, uncultivated areas
not developed N1th neighborhoods districts, car
ridors or their fragments. Buildings in natural areas
are utility oriented or 111 support of allowed tourism
act1v1ty associated with the nJtural resources.
New Construction: The placement of uses or struc
tures or, a property upon which no existing construe
t1on has taker place. New construction shall include
requests for new development under the provisions
of a site plan approval. use permit, subdiv s1on. var,
ance. or building permit.
New Use: Any purpose for which land or premises, or
a structure thereon, ,s improved occupied utilized,
built or constructed for said purpose, which has not
before existed on said land or premises. or any pur
pose for which a structure is rebuilt or reconstructed
more than 60 percent of its then assessed value.
Nonconforming Lot. A lot that was legally ere
ated befor" the effect " date of the Zon,rg Code or
amendment. and does not comply with the minimum
area, depth, width, or other applicable requireme1�ts
of the Zoning Code
Nonconforming Structure A structure that lawfully
existed before the effective date of the Zoning Code
or amendment. and does not conforr" to tl"ie present
requirements of the zone in which it is located.
Nonconforming Use A use of land and or a struc
ture either conforming or nonconforming that law
fully existed before the effective date of the Zoning
Code or amendment, but which is no longer allowed
tr the zone 111 "11,,rt, 1t 1s locat.::?cl
Non-Transect Zones: Zones rot conforming to any
,ingle band of the Transect and not starting with T.
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
0. Definitions
Off-premise Sign: Any sign that directs attention to a
business, cor1mod1ty service, ertertainrnent, prod
cut. structure, use or property different from a struc
ture or use exis1tng on the property where the sign
is located, anct or any sign on which space Is rented,
donated or sold by the owner of said sign or property
for the purpose of conveying a message.
Office, General (land use type), Business a Pd pro
fess1onal services. Examples of these uses include
accounting services. insurance agent offices, real
estate offices, travel agencies, counselling services,
news services, telemarketing, utility cornpany offices, Plected official satellite offices, etc.
Off-street Parking: An area located on private
property available for public use for the short term
temporary storage of passenger vehicles with or
without the specific perr,,IssIor of the owner rnclud
rng a public or private parking lot where parking Is
tre pnnc pa use of tre property
Open Storage: The use of a site for the keeping or
stor'ng goods commodities, or equipment rot within
an enclosed building or the use of shipping contain
ers or ary other structure for storage purposes tl,at
Is not architecturally similar to the main or primary
building on the site Open storage does not l'Clude
public park1rg or the parking or storing of vehicles.
Outdoor Dining (land use type) qestaurart actIv ty
breakfast lunch dinner .:issoC1ated with a restaurant
that occurs outside of the building typically along the street facing fac;ade of the building and wrtrin the
public right of way on the sidewalk.
Outdoor Recreation (land use type): Establishments
that provrde outdoor amus r1ert aPd entertainment
services for a fee or admission charge. May also in
elude related commercial facilities, 1ncludirg country
clubs, bars and restaurants video game arcades, etc.
Examples include:
mi'l1ature golf
swIn1 clubs
aqua- urns.
Outdoors: Any location that Is not wrth1r a fully en
losed and sPcure strc1ctufe.
P. Definitions
Parcel: See 'Lot.'
Passage (land use type): A public place or patb
designed for ,v,1lking that Is often within a block
between buildings or along the edge of a pub11c
open space.
Pedestal: A base, platform, or structural sup
port system designed to display and suppo•t a
sculpture or three d1mens1onal public art rnstall,1
tion, including foundations mounting hardware
and structural elen,ents necessary to securL the
artwork,
Pedestrian Shed: An area centered on a common
destirat1on that rs an average one quarter ,.,.,ile
radius or 1 320 feet, and tl,at represents approx,
rnately a five minute walk at a leisurely pace. The
corrmon destination for a pedestrian shed can
be a park, school, transit destrnat1or' co1'11'lerc1al
establishr1e11t or cIvIc use.
Performance Standards: Regulations for the
cortrol 'Jf da_,g,.,rous or obJectionable e er"'ents.
Person: Any indiv·dual firm partnership Joint
venture assocIatIon corporatron lir1ited 1abil1ty
company estate trust, business trust recerver,
syndicate, collective cooperative ror profit. or
any other group or cor1brnation acting as a unit
a•1d thP plural as well as the srngula•
Personal Services, restricted (land use type)·
Pusona services that r-,ay ter,d to ha 1e a bl grt
1119 and,or deteriorating effect upon surrour'd
1119 areas af"d which may need to be dispersed
to mi111m1ze their adverse rmpacts. Examples of
these uses include:
blooct plasma sales centers
pawnshop�
spas and hot tubs for hourly rental
tattoo a 1d body pIercIf"g services
Planning Commission: The City of�ehacl'ap
Dlaf"f"1''9 Cor-i1'l1ss1on r _ferred to ,, the Zon1Pg
Code as the Com1-Pissro0
1 1
- 1 3
Chapter 1 1 10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Playground (land use type) An open space type
that can be very urban, suburban or rural de
pending upon its physical context. Playgrounds
are intended for recreational use by the neigh
borhood and have no size requirements. Play
grounds sometimes contain a small house form
building for civic purposes, maintenance or for
small commercial activity.
Plaza (land use type): The most urban of open
spaces, available for c1v1c and commercial activity.
Plazas are bet ,veen 4 000 square feet and 4 acres
in size, adjacent to at least one street and are
spatially enclosed by bu ldings along one or all
sides. Buildings along plazas have ground floor
frontages per th� zone. Plazas may be hardscape
entirely or a comb1nat1on of landscape and hard
scape depending upon the intended physical
ch Jracter for the zone.
Power / Electrical Substation (land use type)
A facility µrov1ding electrical power and d1stribu
t1on to customers. Suer facilities include h gh
voltage equipment and supporting infrastruc
ture.
Primary Caregiver: Has the same meaning as
is Jefned in Ca forn a Health and S1fety Code
section • 1 362.7 dl, as the same may be amended
f ·on1 t1r"" to t11�e
Private Residence: A house an apartrner't urit
r'obde h.'.lr"c 0 otrt.r similar d , el ng that rs
lawfully used as a residence
Private Street: Any street not a public street.
Pub/Bar (land use type)· Ar establishment
focused on alcoholic beverage sales that includes
food and may include dancing but does not
include a night club.
1 1 - 1 4
Public Art: An umbrella term encompassing all
permanent works of visual art displayed outdoors
and visible from public rights of way or public spaces
including but not limited to murals, sculptures
monuments. statuary artistic fountains, mosaics
decorative screens, artrstrc lighting installations, and other permanent artistic installations. Public art does not include mass produced decorative objects, arch,
tectural ornamentation integral to building design or
temporary art displays
Public Property: Any property publ cly owned out
side of the designated public right of Nay.
Public Street: A street for which the right of way rs
owned by or offered for dedication to the public and
accepted by the City.
Q. Definitions
Qualified Patient: A person who is entitled to the
protections of California Health a11d Safety Code sec
tron 11 362.5, as the same may be amended from time
to time but who does not have ar rcleritificat,ol' card.
R. Definitions
Recreational Vehicle (RV): A motor home, slide in
camper travel trailer truck camper car"'p1•1g trailer
wrth or without motor power, designed for human
habitation for recreat anal or ererge1'cy use. Th,s
shall also include a utility trailer
Recreational Vehicle Park (land use type) Any .:irea
or tract of land v,,rere one or r'T'ore lots are rented for relatively short terni occupancy to owners or users of
recreational vehicles or travel trailers. Recreational ve hrcle RV parks may include public restrooms. water,
sewer and electric hookups to each lot. May include
accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
Regulating Plan: The official zoning map of the Crty
of Tehachapi that rs a part of this Zo111ng Code. The
'iegu at1ng Plan graphically shows and delineates
the various zone boundaries. for transect and non
transect zones
Chapter 11.10 Definitions
11.10.020 Definitions of Specialized Terms and Phrases
Religious Institution: As defined by California
Government Code §65913.16(b)l6 an entity that is
o�, ned, controlled operated and maintained by a
bona fide church rel1g1ous denomination or rel1g1ous
organization that has been lawfully operating as a
nonprofit religious corporation pursuant to Part 4
(commencing with Section 9110) of Div1s1on 2 of Title
1 of the Corporations Code.
Remodeling: A change in the exterior of an existing
structure by 25 percent or r1ore of the current as
sessed value of the structure.
Renovation:
1. A structural change to the foundation. roof, floor,
or exterior of load bearing walls of a facility, or
the extension of an ex1stmg facility to increase ,ts
floor area.
2. Alteration of an existing facility such as to s,gnifi cartly change its function even if such renova
t1on does not mclude any structural change to
tre facility.
Repair, Commercial, motor vehicles (land use
type) Acti✓ t/ focused or the repair and riaint"
nance of r1otor vehicles that ,s performed on a site
allowed to have such activity.
Repair, Commercial, non-vehicular (land use
type) Act•v ty focus.:d on tht. repa,r al'd ·"Y1a1rte
r,,:i •1ce of non vehicular ,terns such as vacuum clean ers clocks a•1d other hardware with the repair act1v,ty usually occurring on site.
Residential Care Facility for the Elderly (land use
type): As defined by California Health and Safety
Code§ 1 569.2 a housing arrange1"1t:l"t chosen ✓OI
untarily by persons 60 years of age or over, or their
Juthor•zed representative. where varying levels and
intensities of care and supervision protective super
vision or personal care are provided based upon
their vary10g needs. as determined in order to be
admitted and to remain in the facility
Small. A Residential Care Facility for the Elderly
serving s x or fewer persors.
Large. A Res1dent1al Care Facility for the Elderly
serving se•;er, or more persons.
Restaurant (land use type) An establishrnert fo
cused on food sales that may or rnc1y not include
alcoholic beverages as well as dancing but does
not 111clude a night club.
Retail (land use type) Pren11ses available for the
sale of merchandise and food service. This does
riot include Tobacco Centric Venues.
Reverse Vending Machine (land use type):
A vending n1ach1re that dispenses cash 1n lX
change for items such as cans to be recycled
Review Authority: The md1v1dual or official City
body the Community Development Director.
P anr1r,g Comm1ss1011 or City Courcil 1dent1fied
by the Zoning Code as having the respons1bil1ty
and authority to review and approve or di sap
prove the permit applications described 1n Article
9 Proc0dures
Roof Garden (land use type) A gathering space
or the roof of � bui d rg Roof ga•ders r"ay be fo1
private use as aprt of a c 11c build111g or act1v•ty
restaurant. On large civic buildings. roof garde,�s
may have recreat ional spact.. SL,ch as tennis or
basketba I enclosed by appropriate and decora
t1ve fencing
Rooming and Boarding House (land use type)
\ odg rg hous< or ,.,ther !it etL r.__ -1a rta r.__j
advertised or held out to the public as a pl.Ke
where sleeping or roo,-r,ing acco,-r,,.,.,odat ons Jre
furnished to the whole or any part of the public
whether w1tr or v'.ltllout meals Roor.,.,ing riouse
includes fraternity ard sorority houses.
S. Definitions
School, College, University (land use type)
An nst1tut1on at h ch 1nstruct1or ,5 given n a
particular discipli�e such as general educatior,
cook1rg dar,c1r,g pa1l't1ng and sculpting. auto
riot,ve repair.
11.10.020 Definitions of Specialized Terms and Phrases
Sculpture: A three dimensional .vork of visual art
that 1s freestanding, wall mounted. suspended or
affixed to a pedestal or other support structure,
and that does Pot contain any commercial mes
sage. Sculptures may be constructed of metal,
stone wood concrete composite materials. or
other durable materials suitable for perrPanent
outdoor display.
Secondhand Stores (land use type) A retail
store principally selling previously owned items
(e.g., clothing as distinct from an antique or col
lectible store 1tvh1ch sells antiques. curios, gifts
and souvenirs and collectible items including
sports cards and comic books
Setback. The distance by which a structure,
parking ::irPa or other development feature must
be separ,,ted from a lot line other structure or
development feature, or street centerline
Setback, Front: An area extending across the full
., 1dth of the lot between the front lot line and the
applicable setback measurement.
Setback, Interior Side: A,1 area bet• ,een a side
lot line and the applicable setback measurement
exterd1ng between tht front Jnd r •ar setbacks.
Setback, Rear: An area extePding the full w1dtr
of the lot between a rear lot line and the appl1
cable setback measurement
Setback, Street Side: An area between a side
lot I ne adiace,'t to the street a0d the applicable
setback measurement extending from the front
setback line to the rear lot line.
Sign Walker: A person wro vears. holds or bal
arces as gn
Single Family Residential (land use type) A
building occupied by no more than one house
hold for a total of one dwelling. Tris includes
manufactured homes, as defined by California
real th ard Safety Code� 18007 that are certi
fiecl under the \Jational vlanufacturecl :....ous1ng
Construction and Safety Standards Act of 1974
42 U S.C. �'1 5401 et seq. and placed on a perm a
nent foundation system pursuant to Health and
Safety Code ::i 1855 1
Single Room Occupancy (land use type) A multiple
tenant building that houses one or two people in
individual rooms. Tenants usually share bathrooms
and or kitchens, while sorne SRO rooms may include
kitchenettes, bathrooms. or half baths.
Site Plan: A base sheet that includes the basic infor
matIon that will appear on all plans, such as natural
features roads, buildings or other structures to
remain on site.
Small Collection Facility (land use type) See 'Col
lection Facility··
Specific Plans: A detailed plan for the systematic
1rnplementat1on of the Genera Dian for all or part of
the area covered by the General Plan, as authorized
by Government Code Sections 65450 et seq.
Sportsfield (land use type): A space or series of
ope11 �pac �s designed for sports activities Sports
fields often accommodate several ind1v1dual sports
games at the same ti1-.,e and may feature a conces
sion area and seating for spectators.
Square (land use type): Squares are similar to plazas
111 their role as a c1v1c open space but are distinct by thei h1ghu proportion of a'1dscape to hardscape.
Squares are available for civic and commercial activity as wel as ground floor res1de11t1al actIvIty and urban
farming. Squares are between 1 4 and 1 acre 1n size,
adjacent to at least three streets and are spatially en closed by buildings along one or all sides. Buddings
alorg squares have ground floor frontages per the
zone. Squares are ent1tely landscape or a corbina
tion of landscape and hardscape depending upon the
intended physical character for tlie zone.
State. The State of California.
Storage and Warehousing (land use type}: An
establish111ent engaged in the storage of goods and
vehicles including limousine service, towing facilities. mov ng truck corPpanies, m1r I storage self storage
and Recreational Vehicle stor,1ge. This does not in
c ude 1.,.,otor vehicle sa es.rental, or repair.
Story· The portion of a structure included between
tht.. surface of any floor and the surface of the next
floor above It. or 1f there 1s no floor above, the space betweer the floor and the ceil1rg above.
11.10.020 Definitions of Specialized Terms and Phrases
Story, First: The lowest story or the ground story of
any building the floor of ,vhich 1s not more than 12
inches below the average contact ground level at the
exterior walls of the building· except that any base
ment or cellar used for residence purposes, other
than for a janitor or caretaker or his family shall be
deerned the first story.
Story, Half: A partial story under a gable, hip. or
gambrel roof, the wall plates of which on at least two
opposite exterior walls arP not more than four feet
above the floor of such story· provided rowever, that
any partial story used for residence purposes. other
than for a janitor or caretaker and the r family shall be deemed a full story.
Street. A strip of land which provides direct access to parcels. Street iPcludes a public or private street. alley avenuL court crossing, highway, intersection lane
road. or square.
Street Frontage: Pertaining to s1gnage, the lineal
"'ngth of that portion of a lot abutting a street.
Structural Alteration: Any charge n the structural
·nerbus of � structure sucb as walls, columns,
beams or girders.
Subdivision Map Act (the Act): Government Code
Div1s1on 2 Subd1 1s1ons Sections 66410 et seq., as it
may be replaced or amended from time to tIl""e, and
referred to 1n this Article as the Act.
Supportive Housing (land use type): As defined by
California Hc:altr and Safet1 Cod1:: :,506 �5.14, hous
ing with no lim ton length of stay that 1s occupied by
the target population, as defined in Health and Safety
Code 950675 14 and that Is linked to ons1te or offs1te
services that assist the supportive housing resident 111 retaining the housing, improving their healtr status,
and maximizing their ability to live and. when pos
s1ble, work 11' the cornn'unity. Supportive housing
includes r.onres1dent1al uses and administrative office space, and specifically includes tra,,sitional hous1rg
for youth and young adults. Supportive housing 1s a
residential use subiect only to those restr ct1ons that apply to other fes1clent1al dwellings of the sar'"'tc' type 111 tl,e same zoPe cors1stt.>nt with Goverrment Code
ti65583 C 3 .
T. Definitions
Telecommunications Facilities (land use type)
Public, commercial and private electrornag1'etic
and photoelectr1cal transmission, broadcast.
repeater and receiving stations for radio, telev1
sion, telegraph telephone data network. and
vvireless communications, ir1cluding comr:1ercial
earth stations for satellite based cornrnunica
tIons. ncludes antennas, commercial satellite dish
antennas. and equipment buildings. Does not
include telephone telegraph and cable televi
sion transmission facilities utilizing hard wired or
direct cable connections.
Temporary Signs: A display of a device r'ade of
light .ve1ght cloth material. vinyl, cardboard or
wood intended to be displayed for a limited time
period. This 1rcludes but 1s not lim ted to ad.er
tising signs staked into the ground banners ard
pennants.
Temporary Use (land use type) Short terr.' ac
tiv1t1es that are not allowed on a permanent basis
but because of their temporary, nor perr.,..anert
or seasoral nature, are acceptable. Suer uses
include but are not limited to farn1er s markets.
fest,va s. parades. and construction act1 ,Ity.
Tobacco Centric Venues (land use type): .\ny
establ1shrnei,t ergaged 1n the selling holesale
or retail of tobacco, tobacco products ip11tat or
tobacco products electronic 5r1oking devices.
or tobacco par.:iphernalia or any facil ty build,ng
Attachment B
Planning Commission Resolution
RESOLUTION NO. 26-03
ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEHACHAPI RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEHACHAPI AMEND ORDINANCE NO. 24-01-777, AMENDING SECTIONS 3.20, 3.30, 4.30, 4.40.040, 6.20.040, 6.20.070, 6.20.140,
7.10.060, 7.10.080, 7.10.090, 7.20.030, 7.20.040.A, 7.30.040A, 9.10.020, 9.10.030, 9.50.060, 9.110,
10.30.070, 11.10, 11.10.020 OF THE TEHACHAPI ZONING CODE AND ADDING SECTIONS 6.20.170,
6.20.180, 6.20.190, 6.20.200, 6.20.210, 6.20.220, 7.10.045, 9.65, TO THE TEHACHAPI ZONING
CODE AND FIND THAT A NOTICE OF EXEMPTION SATISFIES THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, legal counsel for the City has recommended revisions to the City Zoning Ordinance to comply with the requirements of the 6
th Cycle Housing Element Update and to add select sections to the Tehachapi Zoning Code in regard to signage, landscape standards, murals and public art, and, replacement of certain sections to comply with State law as it relates to operating standards for certain land uses; and;
WHEREAS, City staff is recommending amendments and additions to be made to the City Zoning Ordinance consistent with the recommendations hereinafter.
NOW, THEREFORE, be it resolved by the Planning Commission of the City of Tehachapi as follows:
1. That the foregoing recitals are true and correct and are incorporated herein.
2. That the Planning Commission hereby recommends to the City Council approval of the Zoning Amendments.
3. That the Planning Commission hereby recommends that the City Council of the City of Tehachapi amend Ordinance No. 24-01-777 for Sections 3.20, 3.30, 4.30, 4.40.040,
6.20.040, 6.20.070, 6.20.140, 7.10.060, 7.10.080, 7.10.090, 7.20.030, 7.20.040.A,
7.30.040A, 9.10.020, 9.10.030, 9.50.060, 9.110, 10.30.070, 11.10, 11.10.020 OF THE TEHACHAPI ZONING CODE AND ADDING SECTIONS 6.20.170, 6.20.180, 6.20.190, 6.20.200,
6.20.210, 6.20.220, 7.10.045, 9.65, TO THE TEHACHAPI ZONING CODE.
PASSED AND ADOPTED by the Planning Commission of the City of Tehachapi at its regular meeting thereof held on the 10th day of August 2026.
AYES:
NOES:
ABSTAIN:
ABSENT:
CHRISTENSEN, RYAN, NIXON, MINOR, FROST
Daryl Christensen Chairperson of the Planning
Commission of the City of Tehachapi
ATTEST:
JENNIFER PAO LOZZI, Administrator of the Planning
Commission of the City of Tehachapi
I hereby certify that the foregoing resolution was duly and regularly adopted by the Planning Commission of the City of Tehachapi at a regular meeting thereof held on August 10, 2026.
JENNIFER PAO LOZZI, Administrator of the Planning
Commission of the City of Tehachapi
Attachment C
Notice of CEQA Exemption
□
Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 1 · 3
Sacramento CA 95812- 3044
From: (Public Agency): City of Tehachap _
i ____ _
County Clerk
County of: _K_e
_m _______ _
11 "5 ,."U-iun A•�IA 1st F100t
Bakersfield. CA 93301
Proiect Title· Tehachapi Zcning Code ReV1s1on
Pro1ect Applicant: City of fohachapi
Pro1ect Location Specific:
City-wide
115 S. Rob inson Street
Tehachapi, CA 93 561
(Address)
Pro1ect Location - City Te1achap1 Pro1ect Location - County· _K_em ___ . _____ _ Description of Nature Purpose and Beneflc,anes of Pro1ect· Rev1s100 of Ihe Cny of TehachaP4 Zoning Code 10 1mplemenI programs from the C11y of TehachaP4 s 6th Cycle Hoos,ng Element Update adopted in 2025 In add1b,,n changes were made to Article 7 (Signs) and Article 6 20 (Pubhc Art replacing Murals to broaden the allowable pubhc art 111sIallations) as well as revisions to improve consistency clanty grammatical errors Name of Public Agency Approving Proiect. City of Tehachapi _________ ________ Name of Person or Agency Carrying Out Pro1ect: City of Te_ha__c_ha__pi _____ _ Exempt Status (check one 1:
D Min1stenal (Sec 21Cl80(b)( 1 ): 15268):
D Declared Emergency (Sec 21080(b)(3). 15269(a))
□ Emergency Pro1ect :sec 21080(b)(4); 15269(b)(c))
G Categorical Exempt on State type and section number: _§_ 1_5_06_1__(b)_(...c.3) __________ _
D Statutory Exemptions. State code number: _____________ _ Reasons why pro1ect 1s exempt:
The activity ,s covered by the ::ommon sense exemption that CEQA applies only to proiects which have the potential for causing a significant effect on the environment Where It can be seen with certainty that there Is no poss1b1hty that the acllvity In question may have a significant effect on the environment. the actIvIty Is not sub1ect to CEQA Lead Agency
Contact Person. Corey Costelloe Area Code/Telephone/Extension: 661-822-2200 ext 121 If filed by applicant:
1. Attach cert1f1ed document of exemption finding
2 Has a Nor��een filed by the public agency approving the pro1ect? Yes No Signature: �t-!-> Date: July 29, 2026 Tit
le: Ass,s1an1 c,iy Manager P!ann1ng Dreao<
• Signed by Lea j Agency Signed by Applicant
Aulhonty cited Sections 2' 083 ard 2111 O Pubhc Resources Code Reference Sect1ors 21108 21152 and 21152 1 Pubhc Resources Code Dale Recerved for �Jong a1 QPR. __ _
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