Tehachapi City Council
September 21, 2026

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
This page intentionally left blank
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
This page intentionally left blank
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
This page intentionally left blank
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
This page intentionally left blank
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
This page intentionally left blank
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
10-22
This page intentionally left blank
\ 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
0-23
This page intentionally left blank
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
This page intentionally left blank
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. __ _
Printfonn
TO:

FROM:

DATE:

SUBJECT:

APPROVED

COUNCIL REPORTS
MEETING DATE: SEPTEMBER 21, 2026 AGENDA SECTION: PLANNING

HONORABLE MAYOR POGON-CORD AND COUNCIL MEMBERS

COREY COSTELLOE, ASSISTANT CITY MANAGER/PLANNING DIRECTOR SEPTEMBER 14, 2026

ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI AMENDING

VARIOUS SECTIONS OF THE TEHACHAPI ZONING CODE TO REGULATE ACCESSORY DWELLING

UNITS IN ACCORDANCE WITH STATE LAW AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

BACKGROUND
State law has been amended nearly every year since 2017 with respect to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Most recent state legislation includes SB 477, SB 1211 and AB 2533 in 2024 and SB 9, AB 1154 and SB 543 in 2025. Part of these bills require local jurisdictions to not only adopt these provisions within their zoning codes but also adopt separate ordinances and a ministerial approval process for ADUs and JADUs.

The Department of Housing and Community Development has been requesting that the City of Tehachapi adopt such an ordinance following the revisions to the Tehachapi Zoning Code in which an entire chapter relating to ADUs and JADUs along with ministerial housing approval sections were added.

PUBLIC NOTICE
The notice for this meeting and the required ordinance summary was published on August 19, 2026, in the Tehachapi News, a copy was also posted at Tehachapi City Hall. The Council was presented with the introduction of the ordinance on September 8, 2026.

ORDINANCE DETAILS
California Constitution Article XI Section 7, enables the City of Tehachapi to enact local planning and land use regulations, the requirements for this ordinance are the result of the adoption of the 6 th Cycle Housing Element, a state-mandated
document that identifies certain actions that the City will undertake, including redefining ADUs and JADUs while also ensuring all zoning processes are consistent with State law.

Specifically, this ordinance adds the definition of a Junior Accessory Dwelling Unit (JADU) in Section 11.10.020 of the Tehachapi Zoning Code to read:
• Junior Accessory Dwelling Unit or JADU. A residential dwelling unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

In addition, Paragraph 5 of Subdivision A of Section 4.20.040 (Minor Residential Setback Reductions) of the Tehachapi Zoning Code is modified to read:
• In compliance with state law, no setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. If state law is amended to state otherwise, the current version of state law shall prevail.

Other provisions of this ordinance include requiring only a building permit for ADU and JADU submissions and pursuant to California Government Code §66323 the City shall ministerially approve an application for a building permit on a lot that is zoned to allow single-family or multi-family residential uses.

ADUs shall not have more than 800 square feet of livable space, shall not exceed the height limit of the primary residence and shall be back a minimum of four feet from side and rear lot lines.

This ordinance also codifies State laws which now allow ADUs on multi-family developments. On lots with existing multifamily developments, no more than eight (8) ADUs will be allowed. On a lot with proposed multi-family developments, not more than two detached ADUs will be allowed.

Other covenants as applicable to State law are also included.

ENVIRONMENTAL REVIEW
The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) because this Ordinance implements the provisions of Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code. The Ordinances is exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Title 14, Section 15282(h). To the extent that any provisions of this Ordinance are not exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

RECOMMENDATION

ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI AMENDING VARIOUS SECTIONS

OF THE TEHACHAPI ZONING CODE TO REGULATE ACCESSORY DWELLING UNITS IN ACCORDANCE WITH

STATE LAW AND FINDING THE ORDIANCES TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

('JlYllt ll'J-IAOiAM l.f.CAL Pt-J'AKTME?rr
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF TEHACHAPI AMENDING VARIOUS SECTIONS OF THE

TEHACHAPI ZONING CODE TO REGULATE ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW, AND FINDING THE

ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOLLOWS:

WHEREAS, state law has been amended almost every year since 2017 with respect to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), including but not limited to the following: SB 1069 and AB 2299 (2016); SB 229 and AB 494 (2017); SB 13, AB 68, and AB 881 (2019); SB 1030, SB 1371 and AB 1382 (2020); AB 345 (2021); AB 2221 and SB 897 (2022); AB 1033 and AB 976 (2023); SB 477, SB 1211, and AB 2533 (2024); and SB 9, AB 1154, and SB 543 (2025).

WHEREAS, the state law provisions are now codified in Chapter 13 (ACCESSORY DWELLING UNITS) of Division 1 (PLANNING AND ZONING) of Title 7 (PLANNING AND LAND USE) of the California Government Code (commencing with Section 66310).

WHEREAS, this Ordinance updates the City's local standards that are codified in the Tehachapi Zoning Code to comply with the revisions to state law.

WHEREAS, the Planning Commission considered this Ordinance on August 10, 2026, at a duly noticed public hearing, as prescribed by law, at which time City Staff and interested persons had an opportunity to and did testify either in support or against this matter.

WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No.26-03 recommending approval of the Ordinance by the City Council.

WHEREAS, the City Council, at a regular meeting, considered the Ordinance on ________ _, 2026, at a duly noticed public hearing, as prescribed by law, at which time City Staff and interested persons had an opportunity to and did testify either in support or against this matter.

WHEREAS, following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council.
1 CITYOf
TF..HACHAl'I
LE(;AI l)ft'ART\.ff.JH
WHEREAS, the City Council finds that the requirements provided herein are directly related to the City's purpose of protecting the health, safety, and welfare of its residents, businesses, and visitors.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that the adoption of this Ordinance is consistent
with the City's General Plan because the Ordinance implements Program 3.5 of the Housing Element, which states: "The City shall amend the Zoning Code (Section 6.20.140) to comply with recent updates to State ADU Law, specifically to ensure the Code allows both ADUs and Junior ADUs by-right in zones that allow single family and multi-family residential uses with appropriate setback, height, square footage, and parking standards as outlined by State law." SECTION 2. The definition of "Junior Accessory Dwelling Unit" in Section

11.10.020 (Definitions of Specialized Terms and Phrases) of the Tehachapi Zoning Code shall be amended to read as follows, with all other definitions to remain unchanged:
"Junior Accessory Dwelling Unit or JADU. A residential dwelling unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure."
SECTION 3. Paragraph 5 of Subdivision A of Section 4.20.040 (Minor Residential Building Setback Reductions) of the Tehachapi Zoning Code shall be amended to read as follows:
"5. In compliance with state law, no setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. If state law is amended to state otherwise, the current version of state law shall prevail."
SECTION 4. Section 6.20.140 of the Tehachapi Zoning Code shall be amended in its entirety to read as follows:
"60.20.140 Accessory Dwelling Units and Junior Accessory Dwelling Units.

Purpose. This section establishes standards for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in accordance with Chapter 13 of Division 1 of Title 7 of the California Government Code (Gov. Code§§ 66310 et seq.).

A. Building permit approval only.

1. A separate accessory dwelling unit application is not required to be filed with the City's Planning Division for an ADU or JADU that satisfies the requirements of all of the following: paragraph 2 of subsection A herein; subsections B, C, and D of this section, as applicable; and the Building Code, Residential Code, and Fire Code standards 2 <11YOt
TOtA<-HAPI
U<.Al IJtl"ARTMfNl
incorporated into the Tehachapi Municipal Code. A Building Permit application is required to be filed with the Building Department.

2. Pursuant to Government Code Section 66323, the City shall ministerially approve an application for a building permit on a lot that is zoned to allow single-family or multi-family residential use (including a mixed-use zone) to create any of the following, or any combination of the following units:
(a) A JADU within the primary dwelling, and an ADU within the primary dwelling or an ADU within an existing accessory structure. One ADU and one JADU per lot with a proposed or existing single-family dwelling is allowed if all of the following apply:
(1) The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling, and the ADU is within either the existing or proposed space of a single-family dwelling or an existing accessory structure. An ADU built in an existing accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. Such an expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(a) The space has exterior access from the proposed or
existing single-family dwelling.
safety.
(b) The side and rear setbacks are sufficient for fire and (c) The JADU complies with the requirements of Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the California Government Code and with the requirements set forth in subsections B, C, and D of this section.
(b) Detached new construction ADU for primary dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply:
(1) The ADU shall have no more than 800 square feet of livable space.
(2) The ADU shall not exceed a height limit of as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
(3) The ADU shall be set back a minimum of four feet from side and rear lot lines.
(c) ADUs within non-livable space in existing multifamily structure. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, 3 cm-<>•
TnUl<HAl'I
I H.AI l)t-"PART\.0-'<T
passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, more than one ADU shall be allowed, up to the number of ADUs that equals 25 percent of the existing multifamily dwelling units in the structure.
(d) Detached new construction ADUs for multifamily dwellings. Detached ADUs that comply with the height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and shall be allowed in the following numbers:
(1) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. In all other instances, the ADUs shall be set back a minimum of four feet from side and rear lot lines.
(2) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. The ADUs shall be set back a minimum of four feet from side and rear lot lines.

8. Standards for JADUs. In accordance with the standards set forth in Article 3 of Chapter 13 of Division of Title 7 of the California Government Code (commencing with Section 66333), JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern:

1. A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of interior livable space. The gross floor area of a shared sanitation facility shall not be included in the maximum interior livable space of a JADU.

2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling, which shall include an attached garage.

3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. If the JADU shares sanitation facilities with the single-family dwelling, there shall be interior access between the two units. If the JADU has shared sanitation facilities with the existing structure, either the JADU or the primary dwelling shall be occupied by the owner of record. Owner-occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.

5. A JADU shall include an efficiency kitchen which shall include all of the following:
4 Cln'flf
Tf.HAlHAPI
l.KJ.I ['lfPARTMt'VT
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

6. No additional parking is required for a JADU.

C. Term of Rental and Covenant Required.

1. A rental of an ADU or JADU shall be for a term longer than 30 days.

2. Covenant required. Prior to the issuance of a Certificate of Occupancy for a JADU, the property owner shall record a declaration of restrictions with the Kern County Recorder's Office, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
(a) The JADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented.
(b) The JADU only may be rented for a term longer than 30 days and shall not be used for short-term rentals.
(c) If the JADU and the primary dwelling share sanitation facilities, either the JADU or the primary dwelling shall be occupied by the owner of record.

D. Fees and utility connections.

1. ADUs and JADUs shall have adequate water and sewer services. JADU services shall be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space, separate utility connections (water, sewer, and power) shall be required directly between the ADU and the utility in a manner compliant with current City development standards and consistent with Government Code Section 66311.5. Such ADUs shall be subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, consistent with Section 66311.5.

2. Consistent with Government Code Section 66311.5, the owner of an ADU shall be subject to the payment of all impact fees set forth in Government Code Section 66000 et seq., except as follows:
(a) ADUs that are less than 750 square feet (including JADUs) shall not be subject to impact fees.
(b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling.
5 ClT'l'l't
1'"HA< 1
1API

1.F<JJ DEJ'ARTMt-"-1'
E. In accordance with state law, ADUs and JADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs and JADUs shall not be considered to exceed the allowable density for the lot.

F. ADU and JADU applications shall be processed in accordance with the timelines established by state law. The Development Director, or the Director's designee, shall act upon the ADU or JADU permit within 60 days of receiving a complete application, or in accordance with the deadlines required by Government Code Sections 66317 and 66335, as the same may be amended from time to time. The decisions of the Development Director shall be final, with the exception that an applicant may appeal an incompleteness determination or denial to the City Council.

G. If the proposed ADU does not fall under subsection B herein, the Development Director, or the Director's designee, shall ministerially review and approve an ADU application, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this section and any other applicable law.

H. Where an application for an ADU or JADU is submitted separately but simultaneously with an application for a primary dwelling that is subject to discretionary review under the Tehachapi Municipal Code, the application for the ADU or JADU shall be processed in accordance with this section, separately without discretionary review or a public hearing, but following the City's action on the portion of the project that is subject to discretionary review.

I. Standards for ADUs. Except for those ADUs approved pursuant to subsection A of this section ("Building Permit Approval Only"), ADUs shall comply with the following development standards:

1. Location Restrictions:
(a) One ADU shall be allowed by right on a lot with a proposed or existing primary dwelling as stated in the Land Use Table for each specific zone. (b) One ADU shall be allowed on a lot with a proposed new multifamily structure.

2. Development Standards:
(a) Size restrictions.
(1) Maximum Size.
(a) If there is an existing primary dwelling, an ADU
(whether attached or detached) shall not exceed fifty percent (50 %) of the gross floor area of the primary dwelling, unless such percentage would prohibit an ADU with 800 square feet of interior livable space.
(b) An attached ADU that is proposed with a new
primary dwelling or with a new multi-family structure shall not exceed 850 square feet of interior livable space for a studio or 6 c.mot TEKA(liAP't
UC.OAI Ut·l'A�TMF..NT
one-bedroom unit, or 1,000 square feet of interior livable space if more than one bedroom.
(c) A detached ADU that is proposed with a new
primary dwelling or with a new multi-family structure shall not exceed 850 square feet of interior livable space for a studio or one-bedroom unit, or 1,000 square feet of interior livable space if more than one bedroom.
(2) Minimum Size. In no case shall an ADU be less than an "efficiency unit" as defined in Health and Safety Code Section 17958.1 with respect to square footage. As such, an ADU shall not be less than 150 square feet in size.
(b) Height restrictions.
(1) A detached ADU shall not exceed 16 feet in height.

Notwithstanding the foregoing, a detached ADU shall not exceed 18 feet in height if it is on a lot within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.
(2) An attached ADU shall not exceed a height of 25 feet or the height limit in the local zoning ordinance that applies to the primary dwelling, whichever is lower. In no case may the ADU exceed two stories.
(c) Setbacks. No setback shall be required for an ADU that is built within an existing structure or for a new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the Tehachapi Zoning Code.
(d) Lot Coverage and Open Space. An ADU shall conform to all lot coverage and open space requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage or open space regulations would not permit construction of an 800 square foot ADU that meets the height and setback requirements required by this subdivision.
(e) Design. The architecture, colors, and materials of the ADU shall match that of the primary dwelling or new multi-family structure, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located. (f) Exterior access. An ADU shall have a separate exterior entrance. 7 cm,>t
n.HA(HAPI
I FCAI f)f-l'ARTMFNT
(g) Fire sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling or proposed multi-family structure. (h) Privacy. New second-story windows in an ADU that are 25 feet or less from a property line must incorporate at least one of the following:
(1) The proposed second-story window of the ADU shall be positioned so that the window sill is at least five feet above finished floor; or
(2) The proposed second-story window of the ADU must
utilize obscured glazing as defined in the California Building Code. (i) Entrances. The main entrance to an attached ADU may not be located on the front of the primary unit.

3. Parking Requirements:
(a) In addition to the off-street parking space(s) required for the primary dwelling or newly proposed multi-family structure, one off-street parking space shall be provided for each ADU, except when:
(1) The ADU is located within one-half mile walking
distance of public transit;
(2) The ADU is located within an architecturally and
historically significant historic district;
(3) The ADU is part of a proposed or existing primary
dwelling or accessory structure;
(4) The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or (5) The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
(b) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
(c) When required, the parking space may be provided in the side or rear setback areas or as tandem parking, provided no vehicle parks on or blocks any public or private sidewalk or any other pedestrian path or street. (d) In case of a conflict with any other provision of this Code, the provisions in this Section 6.20.140 shall govern.

J. Other provisions:
8 tlTYn
TEHAt"liAM
UC;.AL PI-PAJCTMI-Nl

1. Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles and mobile/motor homes." SECTION 5. CEQA. The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) because this Ordinance implements the provisions of Article 2 (commencing with Section 66314) and Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code. The Ordinances is exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Title 14, Section 15282(h). To the extent that any provisions of this Ordinance are not exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 6. Submittal of Ordinance. The Planning Director shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance.

SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

INTRODUCED at a regular meeting of the Tehachapi City Council of the City of Tehachapi on the __ day of ______ 2026; and
PASSED AND ADOPTED this ___ day of _____ 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JOAN POGON-CORD, Mayor of the
City of Tehachapi
9 <.TTY("!t
n:HA<.HAM
l.£<.AI llF.J'AJtT"llNT
ATTEST:

TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City ofTehachapi at a regular meeting thereof held on __________ _ TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
Published in __________ on ______ _
10