Tulare City Council
December 17, 2024

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

ELITE

ELITE CORPORATE MEDICAL
SERVICES, INC.

By: ___________________________
Name: Nicholas Gambini
Title: Chief Executive Officer
CITY

CITY OF TULARE
By: ___________________________
Name: Marc Mondell
Title: City Manager
ATTEST: ___________________________
Name: Melissa Hermann
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Name: Mario U. Zamora
Title: Tulare City Attorney

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EXHIBIT A
Elite’s Response to the City’s Request for Proposal No. 25-806 – Employer Sponsored Employee Health Care Center

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EXHIBIT B
Elite’s List of Services to be Provided to the City

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List of Services to be Provided
Clinic Staffing:
• 1 Mid-level provider (NP or PA)
• On-site medical support personnel
• Medical Director – onsite rotationally, consults NP/PA as needed, reviews and co-signs charts.
• Registered Dietician (not available on-site but regionally through scheduled appointment)
• Certified Diabetic Educator (not available on-site but regionally through scheduled appointment)
• Certified Health & Wellness Coach (not available on-site but regionally through scheduled appointment)
• Pharmacist (not available on-site, available via telehealth scheduled appointment)
Operation Management:
• Soft copies (flyers, posters, etc.)
• Meet & greet field outreach
• E-Newsletters
• 2 tangible items per year (i.e. stress balls, wallet cards, etc.) • Medical consumables (non-Rx/Vaccine)
• Office consumables
Medical Management:
• Physician supervision & full-time accessibility
• Regular onsite patient care, clinic policy & procedure supervision • Referral & patient care supervision & collaboration
Wellness & Prevention Outreach Services:
• Annual Health Screenings (1000 max)
• Hosted on-site (field based) at mutually agreeable location or in clinic. • Include: blood pressure, lipid panel, glucose, body composition, A1c • Annual Flu Vaccination
Clinic Services:
• Family practice medical care
• Acute & episodic care
• Practitioner-provided disease management
• Worker’s Compensation First Aid and Employee evaluation for send out. • Population Health Management Services
o Diabetes Management

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o Heart Health
o Nutrition and Weight Management
• Onsite pharmacy stock
o Generic, non-narcotic, pre-approved:
 $1,000 monthly allowance
• In-House CLIA waived POC testing (Rapid strep, glucose check, cholesterol heck, etc.)
• Lab draw & courier services
• Vaccinations (non-well baby)
• Non-influenza vaccinations will be a direct pass-through cost to City. • Pre and Post-Employment Physicals (POST included)
• Pre-employment Functional Capacity Evaluation
• Annual physical related exams for Fire
• Fit-for-Duty Drug Screen
• Fit-for-Duty Physical Exam
• Fit-for-Duty Functional Capacity Evaluation (FCE)
• Fit-for-Duty DOT Physical

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Staff Report
Meeting: City Council
Date: December 17, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Comprehensive Zoning Ordinance Update

RECOMMENDED ACTION
Pass-to-print an ordinance adopting Zone Amendment No. 756 approving a Comprehensive Update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code).

SUMMARY
In 2020, City of Tulare staff obtained a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development (HCD). Staff’s proposed use for these grant funds was to complete a Comprehensive Zoning Ordinance Update of Title 10 of the City of Tulare Municipal Code. To begin the project, the City issued a Request for Proposals (RFP) to obtain professional services assistance with public outreach associated with the project as well as the preparation of the comprehensive update. QK Inc. was selected.

The goals of the comprehensive update included bringing the City’s zoning code into conformance with changes to State law, including changes related to accessory dwelling units, emergency shelters, transitional and supportive housing and other needed revisions relating to housing. Another goal was to adopt objective design standards relating to housing development and to revise and streamline portions of the ordinance including the City’s Mixed-Use Ordinance.

During the preparation of the City’s Comprehensive Update, the city with the assistance of QK Inc., worked to obtain public participation and input. At the beginning of the Project, QK Inc. and, and City staff met with Stakeholders within the development community such as builders, Realtors, contractors, and other individuals who interact regularly with the city and have experience with the existing development code.

The city then held a series of five public workshops with the Planning Commission. Each workshop was publicly noticed. Events were posted to the City’s social media accounts and posted on the City’s website.

Each workshop concentrated on different aspects of the development code and solicited discussion and input from the community and Planning Commission. Workshops discussed topics such as objective design standards, zoning classifications, parking, signs, and others. Public input was received and able to be provided regarding each topic discussed and regarding the Project as a whole.

Changes of Note
The Comprehensive Update proposes formatting changes to all chapters of the zoning code with text revisions being made to many chapters and wholesale re-writes of some chapters proposed. These changes are comprehensive and make it so that staff is unable to provide a redline version showing the changes that have been made. Below is a summary of some of the changes that staff would like to note.

This is not a comprehensive list.
- Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law.
- Reduction in Number of Residential Districts – the number of single-family residential and multifamily residential zones have been consolidated.

Item #: 13.1
Public Hearing

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- Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

Zoning Map
As a result of changes to the zoning ordinance, changes to the zoning map are also being proposed.

Proposed changes to the zoning map are being made to address the following issues:

1. Make the existing zoning of parcels consistent with the existing General Plan Land Use Designation adopted within the 2035 General Plan.

2. The proposed zoning ordinance is reducing the number of residential zone districts. For example, all parcels zoned R-1-7 (Single-family Residential, 7,000 sq. ft. minimum lot area) and, R-1-8 (8,000 sq. ft. minimum lot area) are being changed to be zoned R-1-6 (6,000 sq. ft. minimum lot area) as the R-1-7 and R-1-8 zones are being eliminated.

Public Comments
Staff received a comment letter from Leadership Counsel for Justice and Accountability alongside the Matheny Tract Committee regarding the proposed Comprehensive Update. Due to timing, staff was unable to respond to the comments received prior to the Planning Commission making a recommendation. Staff has subsequently worked to provide written response to the comments received.

The comments and staff’s response to them have been included within the agenda materials provided.

Environmental Findings
This project is exempt pursuant to Section 15061(b)(3) - (Common Sense Exemption) of the California Environmental Quality Act of 1970, as amended.

Planning Commission Recommendation
On November 25, 2024, the Planning Commission voted 4-0 with one absent to recommend that the City Council approve Zone Amendment No. 756 adopting the Comprehensive Update to Title 10 of the City of Tulare Municipal Code with some minor corrections and revisions being made. Those changes have been provided as part of the attachments included with this item.

FISCAL IMPACT & FUNDING SOURCES
The preparation of the proposed Comprehensive Update was fully funded through a grant obtained by the Community Development Department. There is no fiscal impact associated with this action.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
A decision not to approve the proposed Comprehensive Update will result in certain sections of the current code continuing to be inconsistent with state law, recent case law and revisions being requested by the California Department of Housing and Community Development.

ATTACHMENTS

1. PC Recommended Revisions

2. Ordinance

3. LCJA Comments

4. Staff Response to LCJA Comments

5. Proposed Zoning Map
Reviewed/Approved:

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ORDINANCE 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING ZONE AMENDMENT NO. 756 APPROVING A COMPREHENSIVE UPDATE OF THE CITY OF TULARE’S ZONING CODE (TITLE 10 OF THE CITY OF TULARE’S MUNICIPAL CODE) AND PROPOSED CHANGES TO THE CITY’S ZONING MAP AND REPEALING AND REPLACING TITLE 10 (ZONING ORDINANCE) OF THE CITY OF

TULARE MUNICIPAL CODE
WHEREAS, at a regular meeting held on December 17, 2024, the City Council of the City of Tulare considered a comprehensive update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code) and revisions to the City of Tulare Zoning Map; and WHEREAS, the City Council of the City of Tulare determined that the proposed amendment is in the public interest; and
WHEREAS, the City Council of the City of Tulare determined that the proposed amendments are consistent and compatible with the general plan and implementation programs which may be affected; and
WHEREAS, the City Council of the City of Tulare determined that the proposed request will not be detrimental to the public health, safety, and welfare or be materially injurious to properties or improvements in the vicinity; and
WHEREAS, at a duly noticed public hearing on November 25, 2024, the Planning Commission of the City of Tulare reviewed and recommended that the City Council adopt Zone Amendment No. 756 approving a comprehensive update of the City of Tulare’s Zoning Code (Title 10 of the City of Tulare’s Municipal Code) and proposed changes to the City’s Zoning Map; and WHEREAS, the Zoning Code Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3) – Common Sense Exemption.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Tulare as follows:

SECTION 1. Zone Amendment No. 756, approving a comprehensive update of the City of Tulare’s Zoning Code (Title 10 of the City of Tulare’s Municipal Code) and proposed changes to the City’s Zoning Map, is hereby adopted.

SECTION 2. Title 10 (Zoning) of the Tulare Municipal Code is hereby repealed and replaced and shall read as set forth in Exhibit A attached hereto and incorporated herein by this reference.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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ORDINANCE 2024-XX

SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.

Terry A. Sayre, President of the Council and
Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

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Zoning Ordinance
City of Tulare
Public Draft
October 2024

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft i 2024

TABLE OF CONTENTS
Chapter 10.02 GENERAL PROVISIONS .................................................................................. 1

10.02.010 Adoption. .................................................................................................... 1

10.20.020 Purposes and objectives. ............................................................................. 1

10.02.030 Short title. .................................................................................................... 2

10.02.040 Components. ............................................................................................... 2

10.02.050 Authority. .................................................................................................... 2

10.02.060 Relationship to the General Plan................................................................. 2

10.02.070 Relationship to specific plans. .................................................................... 3

10.02.080 Relationship to design guidelines. .............................................................. 3

10.02.090 Relationship to other titles of the Municipal Code. .................................... 3

10.02.100 Conflict between other regulations. ............................................................ 3

10.02.110 Application. ................................................................................................. 4

10.02.120 Enforcement. ............................................................................................... 4

10.02.130 Issuance of permits, certificates, and licenses. ........................................... 5 Chapter 10.04 CONSTRUCTION AND TERMINOLOGY ..................................................... 6

10.04.010 Construction. ............................................................................................... 6

10.04.020 General terminology of persons and entities. ............................................. 7

10.04.030 Rules of interpretation................................................................................. 7

10.04.040 Rules of measurement. ................................................................................ 7 Chapter 10.06 ZONE DISTRICTS AND ZONING MAP ........................................................ 9

10.06.010 Purpose. ....................................................................................................... 9

10.06.020 Applicability. .............................................................................................. 9

10.06.030 Establishment of zone districts. .................................................................. 9

10.06.040 Establishment of Zoning Map. .................................................................. 10

10.06.050 Interpretation of zone boundary lines. ...................................................... 10

10.06.060 Zone changes. ........................................................................................... 11

10.06.070 Prezoning. ................................................................................................. 11

10.06.080 Right-of-way abandonment. ..................................................................... 11 Chapter 10.08 LAND USE TABLES ........................................................................................ 12

10.08.010 Land use restriction. .................................................................................. 12

10.08.020 Residential land use table. ......................................................................... 12

10.08.030 Commercial, industrial, public, and open space zone use table. ............... 18

10.08.040 Addition of a use to land use tables. ......................................................... 39 Chapter 10.10 RURAL RESIDENTIAL ZONE ...................................................................... 40

10.10.010 Purpose and application. ........................................................................... 40

10.10.020 Permitted uses. .......................................................................................... 40

10.10.030 Lot area. .................................................................................................... 40

10.10.040 Lot dimensions. ......................................................................................... 40

10.10.050 Dwelling units per lot................................................................................ 41

10.10.060 Coverage. .................................................................................................. 41

10.10.070 Building setback areas. ............................................................................. 41

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft ii 2024

10.10.080 Distance between structures. ..................................................................... 41

10.10.090 Height of structures. .................................................................................. 41

10.10.100 Driveways. ................................................................................................ 41

10.10.110 Accessory structures. ................................................................................ 42

10.10.120 Other setback standards. ........................................................................... 42

10.10.130 Off-street parking. ..................................................................................... 42

10.10.140 Usable open space. .................................................................................... 43

10.10.150 Landscaping. ............................................................................................. 43

10.10.160 Screening, fences, and walls. .................................................................... 43

10.10.170 Signs. ......................................................................................................... 45

10.10.180 General provisions and standards. ............................................................ 45 Chapter 10.12 RESIDENTIAL ESTATE ZONE ..................................................................... 46

10.12.010 Purpose and application. ........................................................................... 46

10.12.020 Permitted uses. .......................................................................................... 46

10.12.030 Lot area. .................................................................................................... 46

10.12.040 Lot dimensions. ......................................................................................... 46

10.12.050 Dwelling units per lot................................................................................ 47

10.12.060 Coverage. .................................................................................................. 47

10.12.070 Building setback areas. ............................................................................. 47

10.12.080 Distance between structures. ..................................................................... 47

10.12.090 Height of structures. .................................................................................. 47

10.12.100 Driveways. ................................................................................................ 47

10.12.110 Accessory structures. ................................................................................ 47

10.12.120 Other setback standards. ........................................................................... 48

10.12.130 Off-street parking. ..................................................................................... 48

10.12.140 Usable open space. .................................................................................... 49

10.12.150 Landscaping. ............................................................................................. 49

10.12.160 Screening, fences, and walls. .................................................................... 49

10.12.170 Signs. ......................................................................................................... 50

10.12.180 General provisions and standards. ............................................................ 50 Chapter 10.14 LOW DENSITY RESIDENTIAL ZONE ........................................................ 53

10.14.010 Purpose and application. ........................................................................... 53

10.14.020 Permitted uses. .......................................................................................... 53

10.14.030 Lot area. .................................................................................................... 53

10.14.040 Lot dimensions. ......................................................................................... 54

10.14.050 Dwelling units per lot................................................................................ 54

10.14.060 Coverage. .................................................................................................. 54

10.14.070 Building setback areas. ............................................................................. 54

10.14.080 Distance between structures. ..................................................................... 54

10.14.090 Height of structures. .................................................................................. 54

10.14.100 Driveways. ................................................................................................ 55

10.14.110 Accessory structures. ................................................................................ 55

10.14.120 Other setback standards. ........................................................................... 55

10.14.130 Off-street parking. ..................................................................................... 55

10.14.140 Usable open space. .................................................................................... 56

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft iii 2024

10.14.150 Landscaping. ............................................................................................. 56

10.14.160 Screening, fences, and walls. .................................................................... 56

10.14.170 Signs. ......................................................................................................... 58

10.14.180 General provisions and standards. ............................................................ 58 Chapter 10.16 MEDIUM DENSITY RESIDENTIAL ZONE ................................................ 60

10.16.010 Purpose and application. ........................................................................... 60

10.16.020 Permitted uses. .......................................................................................... 61

10.16.030 Lot area. .................................................................................................... 61

10.16.040 Lot dimensions. ......................................................................................... 61

10.16.050 Site area per dwelling unit. ....................................................................... 61

10.16.060 Coverage. .................................................................................................. 61

10.16.070 Building setback areas. ............................................................................. 61

10.16.080 Distance between structures. ..................................................................... 61

10.16.090 Height of structures. .................................................................................. 62

10.16.100 Driveways. ................................................................................................ 62

10.16.110 Accessory structures. ................................................................................ 62

10.16.120 Other setback standards. ........................................................................... 62

10.16.130 Off-street parking. ..................................................................................... 63

10.16.140 Usable open space. .................................................................................... 63

10.16.150 Landscaping. ............................................................................................. 63

10.16.160 Screening, fences, and walls. .................................................................... 63

10.16.170 Signs. ......................................................................................................... 65

10.16.180 General provisions and design standards. ................................................. 65 Chapter 10.18 HIGH DENSITY RESIDENTIAL ZONE ....................................................... 68

10.18.010 Purpose and application. ........................................................................... 68

10.18.020 Permitted uses. .......................................................................................... 68

10.18.030 Lot area. .................................................................................................... 68

10.18.040 Lot dimensions. ......................................................................................... 68

10.18.050 Site area per dwelling unit. ....................................................................... 69

10.18.060 Coverage. .................................................................................................. 69

10.18.070 Building setback areas. ............................................................................. 69

10.18.080 Distance between structures. ..................................................................... 69

10.18.090 Height of structures. .................................................................................. 69

10.18.100 Driveways. ................................................................................................ 69

10.18.110 Accessory structures. ................................................................................ 70

10.18.120 Other setback standards. ........................................................................... 70

10.18.130 Off-street parking. ..................................................................................... 70

10.18.140 Usable open space. .................................................................................... 71

10.18.150 Landscaping. ............................................................................................. 71

10.18.160 Screening, fences, and walls. .................................................................... 71

10.18.170 Signs. ......................................................................................................... 73

10.18.180 General provisions and standards. ............................................................ 73 Chapter 10.20 NEIGHBORHOOD COMMERCIAL ZONE ................................................. 76

10.20.010 Purpose and application. ........................................................................... 76

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft iv 2024

10.20.020 Permitted uses. .......................................................................................... 77

10.20.030 Site area. .................................................................................................... 77

10.20.040 Lot dimensions. ......................................................................................... 77

10.20.050 Coverage. .................................................................................................. 77

10.20.060 Building setback areas. ............................................................................. 77

10.20.070 Distance between structures. ..................................................................... 77

10.20.080 Height of structures. .................................................................................. 77

10.20.090 Driveways. ................................................................................................ 77

10.20.100 Off-street parking. ..................................................................................... 78

10.20.110 Usable open space. .................................................................................... 78

10.20.120 Landscaping. ............................................................................................. 78

10.20.130 Screening, fences, and walls. .................................................................... 78

10.20.140 Signs. ......................................................................................................... 79

10.20.150 General provisions and standards. ............................................................ 79 Chapter 10.22 OFFICE COMMERCIAL ZONE .................................................................... 80

10.22.010 Purpose and application. ........................................................................... 80

10.22.020 Permitted uses. .......................................................................................... 81

10.22.030 Site area. .................................................................................................... 81

10.22.040 Lot dimensions. ......................................................................................... 81

10.22.050 Coverage. .................................................................................................. 81

10.22.060 Building setback areas. ............................................................................. 81

10.22.070 Distance between structures. ..................................................................... 81

10.22.080 Height of structures. .................................................................................. 81

10.22.090 Driveways. ................................................................................................ 81

10.22.100 Off-street parking. ..................................................................................... 82

10.22.110 Usable open space. .................................................................................... 82

10.22.120 Landscaping. ............................................................................................. 82

10.22.130 Screening, fences, and walls. .................................................................... 82

10.22.140 Signs. ......................................................................................................... 83

10.22.150 General provisions and standards. ............................................................ 83 Chapter 10.24 RETAIL COMMERCIAL ZONE ................................................................... 84

10.24.010 Purpose and application. ........................................................................... 84

10.24.020 Permitted uses. .......................................................................................... 85

10.24.030 Site area. .................................................................................................... 85

10.24.040 Lot dimensions. ......................................................................................... 85

10.24.050 Coverage. .................................................................................................. 85

10.24.060 Building setback areas. ............................................................................. 85

10.24.070 Distance between structures. ..................................................................... 85

10.24.080 Height of structures. .................................................................................. 85

10.24.090 Driveways. ................................................................................................ 86

10.24.100 Off-street parking. ..................................................................................... 86

10.24.110 Usable open space. .................................................................................... 86

10.24.120 Landscaping. ............................................................................................. 86

10.24.130 Screening, fences, and walls. .................................................................... 86

10.24.140 Signs. ......................................................................................................... 87

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft v 2024

10.24.150 General provisions and standards. ............................................................ 87 Chapter 10.26 SERVICE COMMERCIAL ZONE ................................................................. 88

10.26.010 Purpose and application. ........................................................................... 88

10.26.020 Permitted uses. .......................................................................................... 89

10.26.030 Site area. .................................................................................................... 89

10.26.040 Lot dimensions. ......................................................................................... 89

10.26.050 Coverage. .................................................................................................. 89

10.26.060 Building setback areas. ............................................................................. 89

10.26.070 Distance between structures. ..................................................................... 89

10.26.080 Height of structures. .................................................................................. 89

10.26.090 Driveways. ................................................................................................ 90

10.26.100 Off-street parking. ..................................................................................... 90

10.26.110 Usable open space. .................................................................................... 90

10.26.120 Landscaping. ............................................................................................. 90

10.26.130 Screening, fences, and walls. .................................................................... 90

10.26.140 Signs. ......................................................................................................... 91

10.26.150 General provisions and standards. ............................................................ 91 Chapter 10.28 LIGHT INDUSTRIAL ZONE .......................................................................... 92

10.28.010 Purpose and application. ........................................................................... 92

10.28.020 Permitted uses. .......................................................................................... 93

10.28.030 Site area. .................................................................................................... 93

10.28.040 Lot dimensions. ......................................................................................... 93

10.28.050 Coverage. .................................................................................................. 93

10.28.060 Building setback areas. ............................................................................. 93

10.28.070 Distance between structures. ..................................................................... 93

10.28.080 Height of structures. .................................................................................. 93

10.28.090 Driveways. ................................................................................................ 93

10.28.100 Off-street parking. ..................................................................................... 94

10.28.110 Usable open space. .................................................................................... 94

10.28.120 Landscaping. ............................................................................................. 94

10.28.130 Screening, fences, and walls. .................................................................... 94

10.28.140 Signs. ......................................................................................................... 94

10.28.150 General provisions and standards. ............................................................ 95 Chapter 10.30 HEAVY INDUSTRIAL ZONE ........................................................................ 96

10.30.010 Purpose and application. ........................................................................... 96

10.30.020 Permitted uses. .......................................................................................... 97

10.30.030 Site area. .................................................................................................... 97

10.30.040 Lot dimensions. ......................................................................................... 97

10.30.050 Coverage. .................................................................................................. 97

10.30.060 Building setback areas. ............................................................................. 97

10.30.070 Distance between structures. ..................................................................... 97

10.30.080 Height of structures. .................................................................................. 97

10.30.090 Driveways. ................................................................................................ 97

10.30.100 Off-street parking. ..................................................................................... 98

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10.30.110 Usable open space. .................................................................................... 98

10.30.120 Landscaping. ............................................................................................. 98

10.30.130 Screening, fences, and walls. .................................................................... 98

10.30.140 Signs. ......................................................................................................... 98

10.30.150 General provisions and standards. ............................................................ 99 Chapter 10.32 PUBLIC LANDS ZONE ................................................................................. 100

10.32.010 Purpose and application. ......................................................................... 100

10.32.020 Permitted uses. ........................................................................................ 100

10.32.030 Site area. .................................................................................................. 100

10.32.040 Lot dimensions. ....................................................................................... 100

10.32.050 Coverage. ................................................................................................ 101

10.32.060 Building setback areas. ........................................................................... 101

10.32.070 Distance between structures. ................................................................... 101

10.32.080 Height of structures. ................................................................................ 101

10.32.090 Driveways. .............................................................................................. 101

10.32.100 Other setback standards. ......................................................................... 101

10.32.110 Off-street parking. ................................................................................... 101

10.32.120 Usable open space. .................................................................................. 101

10.32.130 Landscaping. ........................................................................................... 102

10.32.140 Screening, fences, and walls. .................................................................. 102

10.32.150 Signs. ....................................................................................................... 102

10.32.160 General provisions and standards. .......................................................... 102 Chapter 10.34 PARKS AND RECREATION ZONE ............................................................ 103

10.34.010 Purpose and application. ......................................................................... 103

10.34.020 Permitted uses. ........................................................................................ 103

10.34.030 Lot area. .................................................................................................. 103

10.34.040 Lot dimensions. ....................................................................................... 103

10.34.050 Coverage. ................................................................................................ 103

10.34.060 Building setback areas. ........................................................................... 104

10.34.070 Distance between structures. ................................................................... 104

10.34.080 Height of structures. ................................................................................ 104

10.34.090 Driveways. .............................................................................................. 104

10.34.100 Other setback standards. ......................................................................... 104

10.34.110 Off-street parking. ................................................................................... 104

10.34.120 Usable open space. .................................................................................. 104

10.34.130 Landscaping. ........................................................................................... 104

10.34.140 Screening, fences, and walls. .................................................................. 104

10.34.150 Signs. ....................................................................................................... 105

10.34.160 General provisions and standards. .......................................................... 105 Chapter 10.36 AGRICULTURE/OPEN SPACE ZONE ....................................................... 106

10.36.010 Purpose and application. ......................................................................... 106

10.36.020 Permitted uses. ........................................................................................ 106

10.36.030 Lot area. .................................................................................................. 106

10.36.040 Lot dimensions. ....................................................................................... 107

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10.36.050 Coverage. ................................................................................................ 107

10.36.060 Building setback areas. ........................................................................... 107

10.36.070 Distance between structures. ................................................................... 107

10.36.080 Height of structures. ................................................................................ 107

10.36.090 Driveways. .............................................................................................. 107

10.36.100 Other setback standards. ......................................................................... 107

10.36.110 Off-street parking. ................................................................................... 107

10.36.120 Accessory structures. .............................................................................. 107

10.36.130 Usable open space. .................................................................................. 108

10.36.140 Landscaping. ........................................................................................... 108

10.36.150 Screening, fences, and walls. .................................................................. 108

10.36.160 Signs. ....................................................................................................... 108

10.36.170 General provisions and standards. .......................................................... 108 Chapter 10.38 HISTORIC SITE AND HISTORIC NEIGHBORHOOD OVERLAY ZONE ..................................................................................................................................................... 109

10.38.010 Purpose. ................................................................................................... 109

10.38.020 Definitions............................................................................................... 110

10.38.030 Duties and powers of the Planning Commission. ................................... 113

10.38.040 Designation criteria. ................................................................................ 115

10.38.050 Designation process. ............................................................................... 116

10.38.060 Historic resources.................................................................................... 116

10.38.070 Local historic districts. ............................................................................ 118

10.38.080 National Register of historic districts or structures. ................................ 121

10.38.090 Adoption by Council. .............................................................................. 121

10.38.100 Amendment or rescission of designation. ............................................... 122

10.38.110 Local Register of Historic Resources. .................................................... 122

10.38.120 Deletion of demolished, relocated, or rescinded designated historic resources. ................................................................................................ 122

10.38.130 Historic resource permit review process. ................................................ 122

10.38.140 Historic district permit review process. .................................................. 124

10.38.150 Conditional uses. ..................................................................................... 126

10.38.160 Appeal procedure. ................................................................................... 127

10.38.170 Finality of decision. ................................................................................ 127

10.38.180 Substandard buildings. ............................................................................ 127

10.38.190 Advice and guidance to property owners................................................ 127

10.38.200 Property owned by public agencies. ....................................................... 127

10.38.210 Fire and building codes. .......................................................................... 128

10.38.220 Minimum maintenance. .......................................................................... 128

10.38.230 Status of properties previously designated. ............................................ 128

10.38.240 Civil and criminal penalties. ................................................................... 129

10.38.250 Severability. ............................................................................................ 129 Chapter 10.40 PLANNED UNIT DEVELOPMENT OVERLAY ZONE ........................... 130

10.40.010 Purpose. ................................................................................................... 130

10.40.020 Application procedure. ............................................................................ 130

10.40.030 Allowed planned unit developments. ...................................................... 131

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10.40.040 Prohibited planned unit developments. ................................................... 131

10.40.050 Site area. .................................................................................................. 132

10.40.060 Small Lot Residential PUD. .................................................................... 132

10.40.070 Findings................................................................................................... 135

10.40.080 Conditions of approval. ........................................................................... 136

10.40.090 Notice of decision. .................................................................................. 136

10.40.100 Appeals. .................................................................................................. 136

10.40.110 Life of permits and extensions of time. .................................................. 136

10.40.120 Revocation. ............................................................................................. 136 Chapter 10.42 DOWNTOWN OVERLAY ZONE ................................................................ 137

10.42.010 Purpose. ................................................................................................... 137

10.42.020 Application. ............................................................................................. 137

10.42.030 Permitted & Conditional Uses. ............................................................... 138

10.42.040 Development standards. .......................................................................... 138

10.42.050 Off-street parking. ................................................................................... 138

10.42.060 Landscaping. ........................................................................................... 139

10.42.070 Screening, fences, and walls. .................................................................. 139

10.42.080 Signs. ....................................................................................................... 139

10.42.090 Design standards. .................................................................................... 139 Chapter 10.44 AIRPORT OVERLAY ZONE........................................................................ 141

10.44.010 Purpose and application. ......................................................................... 141

10.44.020 Definitions............................................................................................... 141

10.44.030 Permitted Uses. ....................................................................................... 142

10.44.040 Overlay zone formation. ......................................................................... 143

10.44.050 Airport Overlay zones. ............................................................................ 143

10.44.060 Airport Zoning Map. ............................................................................... 144

10.44.070 Use restrictions........................................................................................ 145

10.44.080 Administration and enforcement............................................................. 145

10.44.090 Variances................................................................................................. 145 Chapter 10.46 MIXED-USE OVERLAY ZONE ................................................................... 146

10.46.010 Purpose. ................................................................................................... 146

10.46.020 Application. ............................................................................................. 146

10.46.030 Definitions............................................................................................... 147

10.46.040 Mixed-Use Development Plan. ............................................................... 147

10.46.050 Required findings. ................................................................................... 147

10.46.060 Permitted & Conditional Uses. ............................................................... 147

10.46.080 Design standards. .................................................................................... 148

10.46.090 Architectural standards. .......................................................................... 150

10.46.100 Maintenance of common areas. .............................................................. 152

10.46.110 Variances................................................................................................. 152 Chapter 10.48 FLOODPLAIN MANAGEMENT ................................................................. 153

10.48.010 Statutory authorization; findings of fact; statement of purpose. ............. 153

10.48.020 Methods of reducing losses. .................................................................... 154

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10.68.030 Definitions............................................................................................... 154

10.48.040 General provisions. ................................................................................. 160

10.48.050 Administration. ....................................................................................... 161

10.48.060 Provisions for flood hazard reduction. .................................................... 164

10.48.070 Variance procedures................................................................................ 167 Chapter 10.50 DEVELOPMENT STANDARDS .................................................................. 171

10.50.010 Purpose. ................................................................................................... 171

10.50.020 Applicability. .......................................................................................... 171

10.50.030 Standards that apply in all zones. ............................................................ 171

10.50.040 Fences, walls, and hedges in all zones. ................................................... 172

10.50.050 Outdoor lighting standards. ..................................................................... 174

10.50.060 Exceptions in building setback area limitations...................................... 174

10.50.070 Exceptions to height limitations.............................................................. 174

10.50.080 Property maintenance.............................................................................. 175

10.50.090 Standards that apply in all Commercial zones. ....................................... 176

10.50.100 Standards that apply in all Industrial zones. ........................................... 179 Chapter 10.52 LANDSCAPE STANDARDS ......................................................................... 182

10.52.010 Purpose. ................................................................................................... 182

10.52.020 Objectives. .............................................................................................. 184

10.52.030 Definitions............................................................................................... 184

10.52.040 Applicability. .......................................................................................... 190

10.52.050 Designation of responsibilities. ............................................................... 191

10.52.060 Compliance with Landscape Documentation Package. .......................... 191

10.52.070 Penalties. ................................................................................................. 191

10.52.080 Elements of the Landscape Documentation Package. ............................ 192

10.52.090 Water Efficient Landscape Worksheet ................................................... 194

10.52.100 Soil Management Report. ....................................................................... 194

10.52.110 Landscape design plan. ........................................................................... 195

10.52.120 Irrigation design plan. ............................................................................. 198

10.52.130 Grading design plan. ............................................................................... 201

10.52.140 Certificate of Completion. ...................................................................... 202

10.52.150 Development standards. .......................................................................... 203

10.52.160 Irrigation scheduling. .............................................................................. 206

10.52.170 Landscape and irrigation maintenance scheduling. ................................ 207

10.52.180 Irrigation audit, irrigation survey, and irrigation water use analysis. ..... 208

10.52.190 Irrigation efficiency. ............................................................................... 208

10.52.200 Recycled water and graywater systems. ................................................. 208

10.52.210 Stormwater management and rainwater retention. ................................. 208

10.52.220 Public education. ..................................................................................... 209

10.52.230 Environmental review. ............................................................................ 210

10.52.240 Provisions for existing landscapes. ......................................................... 210

10.52.250 Existing landscape areas. ........................................................................ 210

10.52.260 Water waste prevention........................................................................... 210

10.52.270 Effective precipitation. ............................................................................ 210

10.52.280 Appendices. ............................................................................................. 211

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10.52.290 Enforcement and penalties. ..................................................................... 211 Chapter 10.54 PARKING AND LOADING STANDARDS ................................................. 212

10.54.010 Purpose. ................................................................................................... 212

10.54.020 Application. ............................................................................................. 213

10.54.030 General location and use of parking areas. ............................................. 213

10.54.040 Number of parking spaces required. ....................................................... 213

10.54.050 Exceptions to required number of spaces. .............................................. 218

10.54.060 Joint use of parking. ................................................................................ 218

10.54.070 Director modification. ............................................................................. 218

10.54.080 Location of parking spaces. .................................................................... 219

10.54.090 Standards for off-street parking facilities. .............................................. 219

10.54.100 Parking dimensions. ................................................................................ 220

10.54.110 Off-street loading facilities required. ...................................................... 221

10.54.120 Standards for off-street loading facilities. ............................................... 221

10.54.130 Replacement of off-street parking and off-street loading facilities. ....... 222

10.54.140 Landscaping of parking areas. ................................................................ 222

10.54.150 Parking for bicycle and low-emission vehicles. ..................................... 222

10.54.160 Garage conversions of required parking to living space. ........................ 222

10.54.170 Unimproved lots...................................................................................... 222 Chapter 10.56 SIGNS AND OUTDOOR ADVERTISING STRUCTURES ....................... 223

10.56.010 Purpose. ................................................................................................... 224

10.56.020 Applicability and severability. ................................................................ 224

10.56.030 No discrimination against non-commercial speech. ............................... 224

10.56.040 Exempt signs. .......................................................................................... 225

10.56.050 Prohibited signs. ...................................................................................... 226

10.56.060 Permits required. ..................................................................................... 227

10.56.070 Sign design principles. ............................................................................ 227

10.56.080 Rules for sign measurement. ................................................................... 228

10.56.090 Sign standards on developed sites by zone district. ................................ 231

10.56.100 Mixed-Use Overlay zone. ....................................................................... 241

10.56.110 Freeway-Oriented Signs.......................................................................... 243

10.56.120 Pole signs. ............................................................................................... 244

10.56.130 Additional shopping center signs. ........................................................... 244

10.56.140 Temporary building sign standards. ........................................................ 246

10.56.150 Temporary freestanding sign standards. ................................................. 246

10.56.160 Illumination standards for signs. ............................................................. 247

10.56.170 Sign regulations on undeveloped or developing sites. ............................ 248

10.56.180 Signs placed in windows. ........................................................................ 248

10.56.190 Signs in public right-of-way. .................................................................. 248

10.56.200 Comprehensive master sign programs. ................................................... 249

10.56.210 Offsite temporary signs for residential subdivisions. ............................. 250

10.56.220 Historic signs. ......................................................................................... 250

10.56.230 Signs with manual changeable copy. ...................................................... 250

10.56.240 Signs with electronic changeable copy. .................................................. 251

10.56.250 Digital display signs. ............................................................................... 251

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10.56.260 Flags and flagpoles. ................................................................................ 252

10.56.270 Search lights and klieg lights. ................................................................. 252

10.56.280 Wall murals. ............................................................................................ 252

10.56.290 Off-premises signs in City right-of-way. ................................................ 254

10.56.300 Non-conforming signs. ........................................................................... 254

10.56.310 Billboards. ............................................................................................... 255

10.56.320 Maintenance of signs. ............................................................................. 256

10.56.330 Hazardous signs. ..................................................................................... 256

10.56.340 Abandoned or obsolete signs. ................................................................. 256

10.56.350 Illegal Signs. ........................................................................................... 256

10.56.360 Enforcement. ........................................................................................... 256

10.56.370 Definitions............................................................................................... 257 Chapter 10.58 SIDEWALK VENDING AND STATIONARY MOBILE VENDORS ...... 262

10.58.010 Purposes. ................................................................................................. 262

10.58.020 Definitions............................................................................................... 262

10.58.030 Permit required........................................................................................ 264

10.58.040 Vending on private property. .................................................................. 264

10.58.050 Sidewalk vending requirements. ............................................................. 264

10.58.060 Specific requirements for roaming sidewalk vendors. ............................ 266

10.58.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors. ....................................................................................... 267

10.58.080 Permit process. ........................................................................................ 267

10.58.090 Special limitations. .................................................................................. 268

10.58.100 Insurance or bond requirements. ............................................................. 269

10.58.110 Permit revocation. ................................................................................... 269

10.58.120 Appeal process. ....................................................................................... 269

10.58.130 Term. ....................................................................................................... 269

10.58.140 Enforcement. ........................................................................................... 269

10.58.150 Penalty..................................................................................................... 269

10.58.160 Severance clause. .................................................................................... 269 Chapter 10.60 SPECIFIC LAND USE STANDARDS .......................................................... 271

10.60.010 Purpose. ................................................................................................... 271

10.60.020 Applicability. .......................................................................................... 271

10.60.030 Accessory dwelling units. ....................................................................... 272

10.60.040 Accessory dwelling units, junior............................................................. 273

10.60.050 Alcoholic beverages, on-sale and off-sale .............................................. 273

10.60.060 Animals ................................................................................................... 273

10.60.070 Bed and breakfast inns. ........................................................................... 274

10.60.080 Cottage food operations. ......................................................................... 274

10.60.090 Drive-thru pick-up windows. .................................................................. 274

10.60.100 Emergency shelter. .................................................................................. 275

10.60.110 Garage or yard sales. ............................................................................... 275

10.60.120 Manufactured housing. ........................................................................... 276

10.60.130 Mobile home and Manufactured home parks. ........................................ 276

10.60.140 Modular structures. ................................................................................. 279

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10.60.150 Outdoor assemblies. ................................................................................ 280

10.60.160 Outdoor dining areas. .............................................................................. 281

10.60.170 Outdoor sale of merchandise. ................................................................. 284

10.60.180 Commercial or industrial outdoor storage areas. .................................... 286

10.60.190 Recycling collection facilities. ................................................................ 286

10.60.200 Sale of new and used automobiles and trucks. ....................................... 286

10.60.210 Sale of vehicle fuel.................................................................................. 286

10.60.220 Shipping containers. ................................................................................ 287

10.60.230 Swimming pools. .................................................................................... 288

10.60.240 Vending machines. .................................................................................. 288

10.60.250 Wireless Communication Facilities and Towers. ................................... 289

10.60.260 Adult entertainment establishments. ....................................................... 289 Chapter 10.62 ADULT ENTERTAINMENT ESTABLISHMENTS ................................... 290

10.62.010 Purpose and intent. .................................................................................. 290

10.62.020 Definitions............................................................................................... 291

10.62.030 Establishment and classification of businesses regulated. ...................... 295

10.62.040 Measurement of distance. ....................................................................... 295

10.62.050 Location of sexually oriented business. .................................................. 295

10.62.060 Non-conforming uses. ............................................................................. 295

10.62.070 Injunction. ............................................................................................... 296

10.62.080 Exception for certain nude modeling. ..................................................... 296 Chapter 10.64 RIGHT TO FARM .......................................................................................... 297

10.64.010 Purpose. ................................................................................................... 297

10.64.020 Objectives. .............................................................................................. 297

10.64.030 Definitions............................................................................................... 297

10.64.040 Nuisance. ................................................................................................. 298

10.64.050 Disclosure statement. .............................................................................. 298

10.64.060 Responsibility. ........................................................................................ 298 Chapter 10.66 FARMLAND MITIGATION ......................................................................... 299

10.66.010 Title. ........................................................................................................ 299

10.66.020 Purpose and intent. .................................................................................. 299

10.66.030 Objectives. .............................................................................................. 299

10.66.040 Definitions............................................................................................... 299

10.66.050 Mitigation obligation. ............................................................................. 301

10.66.060 Optional mitigation alternatives. ............................................................. 302

10.66.070 Requirements for mitigation land and agricultural conservation easements. ................................................................................................................. 304

10.66.080 Requirements for qualified entities. ........................................................ 306

10.66.090 Approval and completion. ....................................................................... 307

10.66.100 Miscellaneous. ........................................................................................ 308 Chapter 10.68 WIRELESS COMMUNICATION FACILITIES AND TOWERS ............ 309

10.68.010 Purpose and application. ......................................................................... 309

10.68.020 Definitions............................................................................................... 309

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10.68.030 Principle or accessory use. ...................................................................... 311

10.68.040 Measurement. .......................................................................................... 311

10.68.050 Effect on non-conforming uses. .............................................................. 311

10.68.060 General standards. ................................................................................... 311

10.68.070 Co-location of facilities........................................................................... 312

10.68.080 Exemptions. ............................................................................................ 312

10.68.090 Permitted and conditional uses. .............................................................. 313

10.68.100 Application process. ................................................................................ 314

10.68.110 Review criteria. ....................................................................................... 315

10.68.120 Federal and State regulations. ................................................................. 317

10.68.130 Building codes and safety standards. ...................................................... 317

10.68.140 Appeals. .................................................................................................. 317

10.68.150 Removal of abandoned antennas, towers, supporting equipment, and structures. ................................................................................................ 317 Chapter 10.70 PERMITS AND APPLICATIONS ................................................................ 319

10.70.010 Permit application and review. ............................................................... 319

10.70.020 Application form and submittal items..................................................... 319

10.70.030 Authority to file an application. .............................................................. 320

10.70.040 Applications acceptability of signatures. ................................................ 320

10.70.050 Application filing and numbering. .......................................................... 320

10.70.060 Application withdrawal. .......................................................................... 320

10.70.070 Decision processes for planning applications. ........................................ 320

10.70.080 Environmental review. ............................................................................ 322

10.70.090 Hearings. ................................................................................................. 322

10.70.100 Notice requirements. ............................................................................... 322

10.70.110 Notice wording........................................................................................ 322

10.70.120 Hearing rules and procedures.................................................................. 322

10.70.130 Continuation of hearing. ......................................................................... 323

10.70.140 Testimony at hearing............................................................................... 323

10.70.150 Planning Commission recommendation. ................................................ 323

10.70.160 Review authority decision....................................................................... 323

10.70.170 Notice of decision. .................................................................................. 323

10.70.180 Effective date of decision........................................................................ 323

10.70.190 Refiling of a denied application. ............................................................. 323

10.70.200 Appeals. .................................................................................................. 324

10.70.210 Change of ownership. ............................................................................. 324

10.70.220 Subsequent permits. ................................................................................ 324

10.70.230 Suspension and revocation of approved permit. ..................................... 324

10.70.240 Expiration of approved permit. ............................................................... 324

10.70.250 Extension of expiration date of approved permit. ................................... 325

10.70.260 Succession to a county permit upon annexation. .................................... 325

10.70.270 Minor adjustment to approved permit. .................................................... 325

10.70.280 Amendment to approved permit. ............................................................ 325 Chapter 10.72 SITE PLAN REVIEW ..................................................................................... 326

10.72.010 Purpose. ................................................................................................... 326

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10.72.020 Applicability. .......................................................................................... 326

10.72.030 Exemptions. ............................................................................................ 327

10.72.040 Site plan application contents. ................................................................ 327

10.72.050 Site Plan Review Committee. ................................................................. 328

10.72.060 Administration of site plan approval....................................................... 328

10.72.070 Action of the Site Plan Review Committee. ........................................... 328

10.72.080 Appeals to the Planning Commission. .................................................... 329

10.72.090 Site plan permit issuance. ....................................................................... 329

10.72.100 Required improvements. ......................................................................... 330

10.72.110 Building Permit. ...................................................................................... 330

10.72.120 Lapse of site plan review approval. ........................................................ 330

10.72.130 Revocation. ............................................................................................. 331

10.72.140 Site plan to run with the land. ................................................................. 331 Chapter 10.74 ADMINISTRATIVE USE PERMITS ........................................................... 332

10.74.010 Purpose. ................................................................................................... 332

10.74.020 Applicability. .......................................................................................... 332

10.74.030 Application procedure. ............................................................................ 332

10.74.040 Findings................................................................................................... 332

10.74.050 Appeals. .................................................................................................. 332

10.74.060 Life of permits and extensions of time. .................................................. 333

10.74.070 Revocation. ............................................................................................. 333 Chapter 10.76 TEMPORARY USE PERMITS ..................................................................... 334

10.76.010 Purpose. ................................................................................................... 334

10.76.020 Temporary uses exempt from permit requirements. ............................... 334

10.76.030 Temporary use permit required. .............................................................. 335

10.76.040 Development standards. .......................................................................... 335

10.76.050 Temporary improvements on a site......................................................... 335

10.76.060 Findings................................................................................................... 336

10.76.070 Conditions. .............................................................................................. 336 Chapter 10.78 HOME OCCUPATION PERMITS ............................................................... 337

10.78.010 Purpose. ................................................................................................... 337

10.78.020 Application. ............................................................................................. 337

10.78.030 Prohibited home occupation uses............................................................ 337

10.78.040 Operating standards. ............................................................................... 338

10.78.050 Issuance of Home Occupation Permit..................................................... 339

10.78.060 No transferability. ................................................................................... 339

10.78.070 Revocation. ............................................................................................. 339 Chapter 10.80 CONDITIONAL USE PERMITS .................................................................. 341

10.80.010 Purpose. ................................................................................................... 341

10.80.020 Application procedure. ............................................................................ 341

10.80.030 Findings................................................................................................... 341

10.80.040 Conditions of approval. ........................................................................... 342

10.80.050 Notice of decision. .................................................................................. 342

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10.80.060 Appeals. .................................................................................................. 342

10.80.070 Amendments. .......................................................................................... 342

10.80.080 Life of permits and extensions of time. .................................................. 342

10.80.090 Revocation. ............................................................................................. 342 Chapter 10.82 DENSITY BONUS ........................................................................................... 343

10.82.010 Purpose of chapter................................................................................... 343

10.82.020 Eligibility for bonus, incentives, or concessions. ................................... 343

10.82.030 Allowed density bonuses. ....................................................................... 344

10.82.040 Allowed incentives or concessions. ........................................................ 348

10.82.050 Effect on non-conforming uses. .............................................................. 350

10.82.060 Bonus and incentives for developments with childcare facilities. .......... 350

10.82.070 Continued availability. ............................................................................ 351

10.82.080 Location and type of designated units. ................................................... 351

10.82.090 Density bonus agreement. ....................................................................... 351

10.82.100 Control of resale. ..................................................................................... 353

10.82.110 Judicial relief, waiver of standards. ........................................................ 354 Chapter 10.84 VARIANCES AND MINOR DEVIATIONS ................................................ 355

10.84.010 Purpose. ................................................................................................... 355

10.84.020 Prohibited variances or minor deviations. .............................................. 355

10.84.030 Application procedure. ............................................................................ 355

10.84.040 Minor deviation findings......................................................................... 355

10.84.050 Variance findings. ................................................................................... 356

10.84.060 Notice of decision. .................................................................................. 356

10.84.070 Appeals. .................................................................................................. 356

10.84.080 Life of permits and extensions of time. .................................................. 357

10.84.090 Revocation. ............................................................................................. 357 Chapter 10.86 ZONING ORDINANCE AMENDMENTS ................................................... 358

10.86.010 Purpose. ................................................................................................... 358

10.86.020 Application procedure. ............................................................................ 358

10.86.030 Findings................................................................................................... 358

10.86.040 Notice of decision. .................................................................................. 359

10.86.050 Appeals. .................................................................................................. 359

10.86.060 Life of permits and extensions of time. .................................................. 359

10.86.070 Revocation. ............................................................................................. 359

10.86.080 Urgency zoning ordinance amendments. ................................................ 359

10.86.090 Pre-zoning. .............................................................................................. 360 Chapter 10.88 GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS .................... 361

10.88.010 Purpose. ................................................................................................... 361

10.88.020 Application process. ................................................................................ 361

10.88.030 Findings................................................................................................... 361

10.88.040 Notice of decision. .................................................................................. 362

10.88.050 Appeals. .................................................................................................. 362

10.88.060 Life of permits and extensions of time. .................................................. 362

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10.88.070 Revocation. ............................................................................................. 362 Chapter 10.89 DEVELOPMENT AGREEMENTS .............................................................. 363

10.89.010 Purpose. ................................................................................................... 363

10.89.020 Objective. ................................................................................................ 363

10.89.030 Definitions............................................................................................... 363

10.89.040 Development agreement requirements. .................................................. 363

10.89.050 Development agreement contents. .......................................................... 364

10.89.060 Application. ............................................................................................. 364

10.89.070 Hearings and notice................................................................................. 364

10.89.080 Report and findings. ................................................................................ 364

10.89.090 Action of City Council. ........................................................................... 364

10.89.100 Initiation of amendment or cancellation. ................................................ 364

10.89.110 Recordation of development agreement. ................................................ 365

10.89.120 Review of development agreement. ........................................................ 365 Chapter 10.90 NON-CONFORMING USES, STRUCTURES, AND LOTS ...................... 366

10.90.010 Purpose. ................................................................................................... 366

10.90.020 Applicability. .......................................................................................... 366

10.90.030 Non-conforming uses. ............................................................................. 366

10.90.040 Non-conforming structures. .................................................................... 367

10.90.050 Non-conforming lots. .............................................................................. 368

10.90.060 Removal of certain non-conforming uses and structures. ....................... 368

10.90.070 Effect of eminent domain........................................................................ 368

10.90.080 Exceptions. .............................................................................................. 368 Chapter 10.92 REASONABLE ACCOMMODATION ........................................................ 370

10.92.010 Purpose. ................................................................................................... 370

10.92.020 Definitions............................................................................................... 370

10.92.030 Reasonable accommodation request. ...................................................... 371

10.92.040 Notice to the public of availability of accommodation process. ............. 371

10.92.050 Requesting reasonable accommodation. ................................................. 371

10.92.060 Medical information................................................................................ 371

10.92.070 Application requirements. ....................................................................... 371

10.92.080 Jurisdiction. ............................................................................................. 372

10.92.090 Findings for reasonable accommodation. ............................................... 373

10.92.100 Appeals. .................................................................................................. 373

10.92.110 Fee. .......................................................................................................... 373

10.92.120 Stay of enforcement. ............................................................................... 373 Chapter 10.94 ANNEXATIONS .............................................................................................. 374

10.94.010 Purpose. ................................................................................................... 374

10.94.020 General Provisions. ................................................................................. 374

10.94.030 Applications. ........................................................................................... 375

10.94.040 Annexation agreements. .......................................................................... 376

10.94.050 Proposed zoning. ..................................................................................... 377

10.94.060 Petitions................................................................................................... 377

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xvii 2024

10.94.070 Planning Commission duties................................................................... 378

10.94.080 City Council duties. ................................................................................ 378

10.94.090 Tulare County Local Agency Formation Commission (LAFCO). ......... 379

10.94.100 Taxation authorization. ........................................................................... 379 Chapter 10.96 DEFINITION OF LAND USES ..................................................................... 380

10.96.010 Purpose. ................................................................................................... 380

10.96.020 Land use definitions. ............................................................................... 380 Chapter 10.98 DEFINITION OF TERMS ............................................................................. 400

10.98.010 Applicability. .......................................................................................... 400

10.98.020 Definition of terms. ................................................................................. 400

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 1 2024
Chapter 10.02

GENERAL PROVISIONS
Sections:

10.02.010 Adoption.

10.02.020 Purposes and objectives.

10.02.030 Short title.

10.02.040 Components.

10.02.050 Authority.

10.02.060 Relationship to the General Plan.

10.02.070 Relationship to specific plans.

10.02.080 Relationship to design guidelines.

10.02.090 Relationship to other titles of the Municipal Code.

10.02.100 Conflict between other regulations.

10.02.110 Application.

10.02.120 Enforcement.

10.02.130 Issuance of permits, certificates, and licenses.

10.02.010 Adoption.

A zoning ordinance for the City of Tulare, State of California, which is a part of the Tulare Municipal Code, has been adopted, as provided in this title.

10.20.020 Purposes and objectives.

The zoning ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the citizens of Tulare. More specifically, the zoning ordinance is adopted to achieve the following objectives:

A. Provide a Zoning Map and associated regulations to guide the physical development of the City in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Tulare General Plan.

B. Ensure that new development is logical, desirable, and in conformance with the objectives and policies of the General Plan.

C. Provide standards for the orderly development of Tulare; conserve natural resources.

D. Maintain and protect the value of property.

E. Promote a safe and effective traffic circulation system.

F. Ensure the provision of adequate open space for light, air, and recreation.

G. Promote the economic stability of existing land uses that conform to the General Plan and protect them from intrusions by inharmonious or harmful land uses.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 2 2024
H. Permit the development of residential, office, commercial, and industrial land uses in accordance with the General Plan to strengthen Tulare’s economic base.

I. Protect the character of Tulare’s downtown and its residential neighborhoods.

J. Provide the private sector with a document upon which it can base investment decisions.

K. Inform the public where certain types of development will occur in the community as well as the development standards to which they will develop.

L. Coordinate with the County of Tulare in regard to the use of land within Tulare’s General Plan planning area, and the standards to which development will conform if it occurs outside the city limits.

10.02.030 Short title.

This title shall be known as the “zoning ordinance.” The words “code” and “ordinance,” as used in this title, shall have the same meaning.

10.02.040 Components.

The zoning ordinance shall consist of a Zoning Map designating certain districts and a set of regulations controlling land uses, population density, structures’ uses and locations, and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size, and illumination of signs; the number and design of off-street parking and off-street loading facilities; and the process for approving discretionary land use actions. The Zoning Map will delineate Tulare’s zone districts.

10.02.050 Authority.

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Title 7 of Government Code Section 65000 of the State of California.

A. The Community Development Director (Director) shall resolve any questions that involve the interpretation or application of this title. The Director may seek the advice of the City Attorney before deciding on any interpretation. The Director’s opinion on any provision of this title may be appealed to the Planning Commission. The Planning Commission shall review the provision of this title in question and shall set forth its findings as a resolution. This finding shall govern unless appealed to the City Council.

B. From time to time, persons may wish to use the property for purposes that, while consistent with provisions of the district in which the property is located, may, in the findings of the Director, violate the purpose and objectives of this title. When such findings are made, the Director may inform the person that the proposed use of the property is not permitted and shall subsequently report the findings to the Planning Commission for their review, findings, and recommendation.

10.02.060 Relationship to the General Plan.

The zoning ordinance is the primary tool used to implement the goals and policies contained within the General Plan. All matters governed by this title shall substantially conform to the purposes, intent, or provisions of the General Plan. Any recommendations for zone changes, if found to be not in conformance with the General Plan and its phrasing, shall not be permitted unless it is also

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 3 2024
found that the General Plan is in error or need of change. In this situation, the General Plan must also be amended to maintain consistency between the General Plan and the zoning ordinance.

10.02.070 Relationship to specific plans.

Specific plans are designed to meet the requirements of the State Government Code and the General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the zoning ordinance, the requirements of the adopted specific plan shall take precedence over the zoning ordinance. In instances where the specific plan is silent, the provisions of the zoning ordinance shall prevail.

10.02.080 Relationship to design guidelines.

Design guidelines, which can be adopted by the City Council, are intended to supplement the general design and development regulations located in the zoning ordinance. Design guidelines represent the City’s preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the zoning ordinance and the design guidelines, the regulations in the zoning ordinance shall prevail.

10.02.090 Relationship to other titles of the Municipal Code.

No provision of this title is intended to abrogate, repeal, annul, impair, or interfere with any existing ordinance of the City. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this title shall control.

10.02.100 Conflict between other regulations.

Any conflicts between the requirements of this title, or between this title and other regulations, shall be resolved as follows:

A. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

B. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

C. In the event of any conflict between the requirements of this title and other regulations of the City, the most restrictive requirement shall control, as determined by the City.

D. It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other development agreement that existed when this zoning ordinance became effective. This zoning ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City will not enforce any private covenant or agreement unless the City is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the City will enforce the requirements of this title.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 4 2024

10.02.110 Application.

To the extent permitted by applicable law, this title shall apply to all property, whether owned by private persons, firms, corporations, or organizations; by the United States of America or any of its agencies; by the State or any of its agencies or political subdivisions; by any county or city, including the City of Tulare, or any of its agencies; or by any authority or district organized under the laws of the State, except for exemptions specifically allowed by State and federal law or amendments thereto. Lands that are exempt from these regulations are:

A. Public streets and alleys.

B. Railroad rights-of-way.

10.02.120 Enforcement.

A. The Director of the Community Development Department shall be responsible for enforcing the provisions of this title, including objectives, conditions, development standards, and processing procedures, issuing citations, and making arrests pursuant to Cal. Penal Code Section 836.5.

B. All or any part of any real property, structure, or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in this chapter and/or revocation procedures contained in other chapters of this title.

C. Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this title shall be null and void.

D. In the discharge of enforcement duties, authorized persons shall have the right to enter any site or structure for the purpose of investigation and inspection. The right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order from the court has been issued.

E. Any person violating any provisions of this title shall be guilty of an infraction pursuant to Cal.

Penal Code Section 19(c) and upon conviction thereof shall be subject to the general penalty provisions of this chapter. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued, or permitted by the person, and shall be punishable by the person as herein provided.

F. Any structure or part of a structure erected, moved, altered, enlarged, or maintained, and any use of a site contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant the relief as will remove or abate the structure or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title.

G. All remedies provided for herein shall be cumulative and not exclusive.

H. Any person, partnership, organization, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any provision(s) of this title or any condition imposed on an entitlement, permit, or license, or violating or failing to comply with any order made hereunder,

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 5 2024
shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished by:

1. A fine not exceeding $50 for a first violation.

2. A fine not exceeding $100 for the second violation of the same provision of this title within one year.

3. A fine not exceeding $250 for each subsequent violation of the same provision of this title within one year.

4. The phrase “violation of the same provision,” as used in this section, means and refers to a violation of the same numbered section of the Tulare zoning ordinance. In addition, each day such violation continues shall be regarded as a new and separate offense.

I. The City may impose fees on applicants to cover the full costs incurred by the City for the monitoring and enforcement of the requirements of this title as well as those conditions and mitigation measures imposed on an approved permit or license.

10.02.130 Issuance of permits, certificates, and licenses.

A. All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Tulare Municipal Code and shall issue no permit, certificate, or license that conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall, upon its issuance, be void.

B. A business license for any new business or for a new location for any existing business activity shall not be issued until the Director or designee has determined that the conduct of the business activity is not in violation of any provision of this title.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 6 2024
Chapter 10.04

CONSTRUCTION AND TERMINOLOGY
Sections:

10.04.010 Construction.

10.04.020 General terminology of persons and entities.

10.04.030 Rules of interpretation.

10.04.040 Rules of measurement.

10.04.010 Construction.

The following rules shall apply in this title, unless inconsistent with the plain meaning of the context of this chapter:

A. The present tense includes the past and future tenses, and the future tense includes the present.

B. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

C. In the event there is any conflict or inconsistency between the heading of a chapter, section, or subsection of this title and the context thereof, such heading shall not be deemed to affect the scope, meaning, or intent of such context.

D. The words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended. “May” is permissive. “Shall not” and “may not” are always restrictive.

E. The words “zone district,” “zoning district,” and “zone” shall have the same meaning.

F. Whenever the number of days is specified in this title or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by other State and federal laws, regulations, and agencies.

G. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

H. When a provision of this title refers to a requirement elsewhere, the subject of the crossreference is assumed to be another chapter, section, or subsection of this title or another provision within the same section or chapter unless the title of another document is provided.

I. The provisions of this title are held to be minimum requirements, except where they are expressly stated to be otherwise.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 7 2024

10.04.020 General terminology of persons and entities.

A. “Applicant” means the property owner or their authorized agent or contractor who is requesting approval of a project.

B. “Building Official” means the Building Official of the City of Tulare or his/her designee.

C. “City” means the City of Tulare, California.

D. “City Council” and “Council” mean the City Council of the City of Tulare.

E. “City Engineer” means the City Engineer of the City of Tulare or his/her designee.

F. “Director” means the Community Development Director of the City of Tulare or his/her designee.

G. “Planning Commission” means the Planning Commission of the City of Tulare.

H. “Person” means person, firm, corporation, or organization.

10.04.030 Rules of interpretation.

A. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

B. A request for an interpretation or determination shall be filed with the Director and shall include all information required by the City.

C. The Director has the option of forwarding any determination of the meaning or applicability of any provision of this title to the Planning Commission for consideration and decision.

D. Any affected person may appeal the interpretation of the Director or the Planning Commission to the City Council. If appealed, the City Council shall then make the final interpretation.

10.04.040 Rules of measurement.

A. For all measurements and calculations, the applicant or property owner shall be responsible for supplying drawings accurately illustrating the measurements that apply to a project. These drawings shall be drawn to scale and shall include sufficient detail to allow easy verification upon inspection by the City.

B. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects.

C. Distances are measured along a horizontal plane unless otherwise specified.

D. Measurements involving a structure are made to the closest wall of the structure unless otherwise specified.

E. When measuring the distance between two land uses, the measurement shall be made from the closest lot line to the lot line.

F. When measuring height, the measurement shall be the vertical distance from the highest point to the ground level directly below, unless otherwise specified; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the State or an agency thereof.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 8 2024
G. Where there is a grade difference on either side of a fence or wall, the height of the fence or wall shall be measured on the higher side.

H. Minimum lot width shall be measured at the front setback line, or from the front property line if there is no required setback, as determined by the zoning of the lot.

I. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

J. Required building setback area shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the City Council, required front building setback area shall be measured from the precise street plan line.

K. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 9 2024
Chapter 10.06

ZONE DISTRICTS AND ZONING MAP
Sections:

10.06.010 Purpose.

10.06.020 Applicability.

10.06.030 Establishment of zone districts.

10.06.040 Establishment of Zoning Map.

10.06.050 Interpretation of zone boundary lines.

10.06.060 Zone changes.

10.06.070 Prezoning.

10.06.080 Right-of-way abandonment.

10.06.010 Purpose.

The purpose of this chapter is to establish zone districts and a Zoning Map to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population.

10.06.020 Applicability.

The zoning districts are applicable in all areas of the City.

10.06.030 Establishment of zone districts.

A. Base zone districts establish the basic land use and property development regulations applicable to all property within the City, as provided in Section 10.02.110. Overlay zone districts provide additional regulations that are to be exercised over certain lands within the overlay zone to meet special community health, safety, welfare, environmental, or development objectives described by the General Plan or a specific plan. Overlay zone district regulations apply in addition to base zone district regulations and other regulations of this chapter.

B. The base zoning districts are hereby established as follows:

1. Rural Residential zone, abbreviated R-1-20.

2. Residential Estate zone, abbreviated R-1-12.5

3. Low Density Residential zone, abbreviated as R-1 (R-1-4 & R-1-6).

4. Medium Density Residential zone, abbreviated as R-M.

5. High Density Residential zone, abbreviated as R-H (R-H-14 & R-H-20).

6. Neighborhood Commercial zone, abbreviated as C-1.

7. Office Commercial zone, abbreviated as C-2.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 10 2024

8. Retail Commercial zone, abbreviated as C-3.

9. Service Commercial zone, abbreviated as C-4.

10. Light Industrial zone, abbreviated as M-1.

11. Heavy Industrial zone, abbreviated as M-2.

12. Public Lands zone, abbreviated as PL.

13. Parks and Recreation zone, abbreviated as PR.

14. Agricultural/Open Space zone, abbreviated as A.

C. The overlay zoning districts are hereby established as follows:

1. Historic Site and Historic Neighborhood Overlay zone, abbreviated as H.

2. Planned Unit Development Overlay zone, abbreviated as PD.

3. Downtown Design Overlay zone, abbreviated as D.

4. Airport Overlay zone, abbreviated as AP.

5. Mixed-Use Overlay zone, abbreviated as MU.

10.06.040 Establishment of Zoning Map.

A. To ensure that comprehensive zoning regulations may be applied uniformly to all incorporated territories upon adoption of this title, a Zoning Map is hereby established to delineate the location and boundaries of zone districts within the City. The Zoning Map is incorporated into this title by this reference with the same force and effect as if the boundaries, together with any notations, references, and information shown on the Zoning Map, were specifically stated and described in this title.

B. The Zoning Map, together with such additional maps as may be adopted in accordance with the provisions of this title, shall be collectively known as the “City of Tulare Zoning Map.” C. The official copy of the Zoning Map shall be kept, maintained, and made available to the public by the Tulare Community Development Department. The Zoning Map may be maintained in hard copy and/or electronic formats.

D. All property within the incorporated territory shall be delineated within a zoning district on the Zoning Map.

E. The location of zoning districts on the Zoning Map shall be consistent with the applicable policies and land use designations set forth in the General Plan.

10.06.050 Interpretation of zone boundary lines.

Whenever any uncertainty exists as to the boundary line between two zoning districts shown on the Zoning Map, the following interpretations shall control:

A. Where a zoning boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel, or other watercourse, the center line of such street, alley, railroad right-ofway, drainage channel, or other watercourse shall be the boundary line.

B. Where a zoning boundary line is indicated as following a lot line or property line, the boundary line shall be construed as following such lot line or property line.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 11 2024
C. Where a zoning boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property line, the zoning boundary line shall be determined by the Director utilizing the scale designated on the Zoning Map.

D. Where further uncertainty exists, the Planning Commission, upon a written application from the owner of the property in question or upon its own motion, shall determine the location of the zoning boundary line in question, giving due consideration to the location indicated on the Zoning Map, the purposes and objectives of the zoning ordinance, and the applicable policies set forth in the General Plan.

10.06.060 Zone changes.

A. Changes to the Zoning Map shall be approved by the ordinance of the City Council in accordance with Chapter 10.86.

B. When the Director determines that there is a technical error on the Zoning Map, the Zoning Map may be corrected to remove the technical error without the approval of an ordinance.

10.06.070 Prezoning.

Territories proposed for annexation into the City shall be prezoned concurrent with the City Council initiation of annexation proceedings, in accordance with Chapter 10.86.

10.06.080 Right-of-way abandonment.

When a public street, alley, or railroad right-of-way is abandoned, the abandoned territory shall be immediately, and without any further action, included in the zoning district of the adjacent territory.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 12 2024
Chapter 10.08

LAND USE TABLES
Sections:

10.08.010 Land use restriction.

10.08.020 Residential land use table.

10.08.030 Commercial, industrial, public, and open space zone use table.

10.08.040 Addition of a use to land use tables.

10.08.010 Land use restriction.

No structure, or any part thereof, shall be erected or enlarged, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title.

10.08.020 Residential land use table.

A. The following table identifies which land uses are permitted by right, require a conditional use permit, or are not allowed in the R-1, R-M, and R-H zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Residential Uses; Accessory and Support Uses; and Other Uses. The use of the word “or” can mean either or both uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 13 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
Residential Uses
1 Assisted living, skilled nursing, or hospice
facility (6 or fewer residents) P P P P P
2 Assisted living, skilled nursing, or hospice
facility (more than 6 residents) C C C P P
3 Bed and breakfast inn C C C C C 10.60.070
4 Boarding house or rooming house P
5 Emergency shelter P P
6 Employee housing, small (6 or fewer
employees) P P P P P
7 Employee housing, large (more than 6
employees) C C C C C
8 Hotel or motel C C
Only as part
of a mixeduse
development
9 Low Barrier Navigation Center P P
10 Manufactured home not within a mobile home
park, more than 10 years old P 10.60.120

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 14 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
11 Manufactured home not within a mobile home
park, less than 10 years old P P P 10.60.120
12 Mobile home or manufactured home park C C C C 10.60.130 13 Multi-family dwelling, 2 units per building
(duplex) P P
14 Multi-family dwelling, 3 or 4 units per
building (triplex or fourplex) P P
15 Multi-family dwelling, 5 or more units per
building P P
16 Recreational vehicle park C
17 Residential care facility, 6 or fewer residents P P P P P 18 Residential care facility, more than 6 residents C C C C C 19 Single-family dwelling, attached C C P P
20 Single-family dwelling, detached P P P C
21 Single-family dwelling or duplex that meets
the requirements of Government Code Section
65852.21 (SB 9)
P P P
22 Single-room occupancy (SRO) P P

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 15 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
23 Supportive housing P P P P P
24 Transitional housing P P P P P
Residential Accessory and Support Uses
30 Accessory dwelling unit P P P P P 10.60.030
31 Junior accessory dwelling unit P P P P P 10.60.040
32 Building ancillary to the main residential use P P P P P 33 Cottage food operation A A A A A 10.60.080
34 Expansion of existing non-conforming
residential use A A A A A
35 Home occupation A A A A A Chapter

10.78 36 Keeping of household pets P P P P P Title 6
Chapter 6.12
37 Raising of fruit, vegetables, and horticultural
specialties for personal use P P P P P
38 Temporary caretaker’s dwelling T T T T T

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 16 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
39 Temporary materials storage yard T T T T T
40 Temporary residential sales office T T T T T
41 Other accessory or ancillary use or structure
that the Director determines is customarily
associated with, and subordinate to, a primary
permitted use.

P P P P P
Other Uses
50 Assembly facility (e.g. meeting facilities,
churches, community centers) C C C C C
51 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines (Indoor) P P P P P
52 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines (Outdoor) P P P
53 Cannabis deliveries (Receiving) P P P P P
54 Community center or facility (5,000 square
feet or less) P P P P P
55 Community center or facility (over 5,000
square feet) C C C C C
56 Daycare, adult P P P P P
57 Daycare, small family P P P P P

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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 17 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
58 Daycare, large family P P P P P
59 Daycare center C C C C C
60 Electrical transmission and distribution
substation, gas regulator station,
communications equipment building, public
service pumping station, or elevated pressure
tank

C C C C C
61 Golf Course C C
62 Kennel C
63 Mixed-Use C C 10.46
64 Mobile vendor or food truck
65 Outdoor Assembly C 10.60.150
66 Outdoor storage that is visible from a public
right-of-way
67 Park or playground P P P P P
68 School, private (kindergarten to 12th grade) C C C C C 69 School, public (kindergarten to 12th grade) P P P P P

13.1 Public Hearing Page 48
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 18 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
70 School; charter, trade, vocational, art,
business, or professional
71 Self-storage facility or mini-warehouse
72 Storm drainage basin, with or without a park P P P P P 73 Land uses listed in the Commercial, Office,
and Industrial Zone Use Table (Section

10.08.030) that are not listed in this
Residential Zone Use Table

10.08.030 Commercial, industrial, public, and open space zone use table.

A. The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-1, C-2, C-3, C-4, M-1, M-2, PL, PR, and A zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education and Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified Section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

13.1 Public Hearing Page 49
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 19 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Accessory and Support Uses
A1 Automated teller machine
(ATM) P P P P P P
A2 Caretaker residence or quarters C P P P P P P P P
A3 Cottage food operation A A A A 10.60.080
A4
Daycare primarily for children
of employees on the same site as
a permitted use

P P P P P P P P
A5
Drive-thru pick-up window
meeting all standards of

10.60.090
C C P P P C 10.60.090
A6
Drive-thru pick-up window not
meeting all standards of

10.60.090
C C C C C C 10.60.090
A7 Electric vehicle recharging
facility P P P P P P P P P
A8
Food service primarily for
employees on the same site as a
permitted use

P P P P P P P P P
A9 Home occupation A A A A A Chapter 10.78

13.1 Public Hearing Page 50
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 20 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
A10 Keeping of household pets P P P P P Title 6
Chapter 6.12
A11 Mobile vendor or food truck C C C C C C C Title 5
Chapter 5.92
A13
Outdoor storage ancillary to and
on the same site as a permitted
use
P P P P P P 10.60.180
A14
Solar that is placed upon an
existing structure or carport with
energy produces only being used
for offset.

P P P P P P P P P
A15 Ground-mounted Solar energy
system, less than 10,000 sq. ft. C P P P P
A16 Ground-mounted Solar energy
system, more than 10,000 sq. ft. C C C
A17 Temporary materials and/or
equipment storage yard T T T T T T T
A18 Temporary outdoor sales
(including parking lot) T T T T T T T T T 10.60.170
A19 Vending machines P P P P P P P P P 10.60.240

13.1 Public Hearing Page 51
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 21 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Eating and Drinking
Establishment Uses
B1 Artisan food and beverage
production and sales P P P P P P P
B2 Bar, nightclub, or lounge C C C C 10.60.050
B3 Brewpub C C C C C C 10.60.050
B4 Microbrewery C C C C C C 10.60.050
B5 Restaurant, full service P P P P C C
B6
Restaurant, limited service with
drive-thru pickup window
meeting all standards of

10.60.090
C P P P C C 10.60.090
B7 Restaurant, limited service with
drive-thru pickup window not
meeting all standards of

10.60.090
C C C C C C 10.60.090
B8
Restaurant, limited service
without drive-thru pickup
window P P P P C C

13.1 Public Hearing Page 52
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 22 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Education and Assembly Uses
C1
Assembly facility (e.g., meeting
facilities, churches, community
centers)

C C C C C C C
C2
Auditorium or theater (live or
movie) capacity up to 2,500
persons

P P P P P P
C3
Auditorium or theater (live or
movie) capacity over 2,500
persons

C C C C P P
C4 Card room C C C
C5 Club, lodge, or private meeting
hall P P C P
C6 Carnival or circus T T T T T T T T T
C7 College or university, public or
private C C C C C C P
C8 Convention or conference center P P P C C C
C9 Funeral home or mortuary C C P
C10 Library, museum, or cultural
facility P P P P C C P C C

13.1 Public Hearing Page 53
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 23 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
C11 Pool hall or billiard parlor C P P
C12 School, private (kindergarten to
12th grade) C P P C C
C13 School, public (kindergarten to
12th grade) P P P P P
C14
School; charter, trade,
vocational, art, business, or
professional

C P P P P C P
C15
Studio for martial arts, music,
dance, yoga, exercise,
gymnastics, or similar

P P P P P P P
Manufacturing and Processing
Uses
D1 Agricultural crop production C C A C P
D2
Agricultural products packing,
packaging, preparing, or
processing
C P P
D3 Animal raising A P
D4 Brewery, winery, or distillery C C C C C C C 10.60.050 D5 Hazardous waste facility

13.1 Public Hearing Page 54
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 24 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
D6
Assembling, cleaning,
manufacturing, processing,
repairing or testing products
primarily outdoors. (Unless
otherwise listed)
C C
D7
Assembling, cleaning,
manufacturing, processing,
repairing or testing of products
primarily within an enclosed
structure. (Unless otherwise
listed)
C P P
D8 Drop forges C
D9
Explosives storage,
manufacturing, and processing,
including fireworks
C
D10 Fertilizer Manufacturing C
D11
Petroleum products
manufacturing, processing and
storage, including oils, gasoline,
paints, and tar
C
D12 Incinerators C
D13 Metal industries (ores reduction,
refining, smelting, and alloying) C

13.1 Public Hearing Page 55
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 25 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
D14 Paper Mills C
D15 Textile Mills C
D16 Chemical Manufacturing C
D17 Rubber Manufacturing C
D18 Meat packing or slaughterhouse C
D19 Mining, quarry, or sand and
gravel excavation C C
D20 Research and development
facility P C P P P P P
Office and Medical Uses
E1 Call center P P P
E2 Communications broadcasting
or media studio P P P P P C
E3 Laboratory; general, medical, or
dental P P P P C P
E4 Hospital, general, or psychiatric C C C P

13.1 Public Hearing Page 56
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 26 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
E5 Office; medical, dental, or
optometry P P P P
E6 Office; professional or
commercial P P P P
E7 Pharmacy P P P P
E8 Urgent care center or other
walk-in clinic P P P P
Public and Quasi-Public Uses
F1 Cemetery C
F2 Community center or facility P P P P P P
F3 Community garden P P P P A A P P P
F4
Electrical substation, gas
regulator station,
communications equipment
building, public service
pumping station, or elevated
pressure tank

C C C C C C P C C
F5 Fairgrounds C C C C P P C

13.1 Public Hearing Page 57
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 27 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
F6 Government office; local, state,
or federal P P P P P P P P
F7 Post office P P P P P P P P
F8
Public corporation yard, utility
yard, or vehicle and heavy
equipment maintenance and
storage yard

C P P P C
F9 Public safety facility or station C C C P P P P
F10 Social service office, assistance
center, or guidance center P P P P P P P
F11 Storm drainage basin, with or
without a park P P P P P P P P P
F12 Wireless communication facility
(WCF) C C C C P P P C Chapter 10.68
Recreation Uses
G1 Athletic complex or ball field C C P P P
G2 Commercial recreation facility,
indoor C P P P C C
G3 Commercial recreation facility,
outdoor C P P C C C

13.1 Public Hearing Page 58
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 28 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
G4 Golf course or country club C C C P C
G5 Health or fitness facility, large C P P C C
G6 Health or fitness facility, small P P P P P P
G7 Park or playground P P P P P P P
Residential Uses
H1 Assisted living, skilled nursing,
or hospice facility C C P
H2 Bed and breakfast inn C C C 10.60.070
H3 Boarding or rooming house C C
H4 Emergency shelter P P P
H5
Employee housing (including
farmworker housing), small (6
or fewer employees)
P P Chapter 10.14
H6
Employee housing, large
(including farmworker housing)
(more than 6 employees)
C P Chapter 10.14

13.1 Public Hearing Page 59
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 29 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
H7 Hotel or motel C P P C
H8 Live/work facility P P P P C
H9 Low Barrier Navigation Center P P P
H10
Manufactured home not within a
mobile home park, more than 10
years old

10.60.120
H11
Manufactured home not within a
mobile home park, less than 10
years old
P P P 10.60.120
H12 Mobile home or manufactured
home park C 10.60.130
H13 Multi-family dwelling C C C
Only as part of
a mixed-use
development.

Chapter 10.16
or 10.18
H14 Recreational vehicle park C C
H15 Residential care facility, up to 6
persons
P P P

13.1 Public Hearing Page 60
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 30 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
H16 Residential care facility, 7 or
more persons
C C P
H17
Residential dwelling located in
same building with office or
commercial use

C P P P
H18 Single-family dwelling, attached C
H19 Single-family dwelling,
detached P
H20 Single-room occupancy (SRO) P C
H21 Supportive housing C P P P
H22 Transitional housing P P P
Retail Uses
I1 Adult entertainment
establishment A A A Chapter 10.62
I2 Auction or sales house P P C C
I3 Auction or sales yard C C P C
I4 Automobile and pick-up sales,
new and used C P C C 10.60.200

13.1 Public Hearing Page 61
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 31 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
I5 Automobile and pick-up sales,
used only C P C C 10.60.200
I6 Boat, recreational vehicle (RV),
and truck sales C C P C
I7 Building materials and supply or
home improvement store P P P P
I8 Convenience store, with or
without fuel sales P P P P P C 10.60.210
I9 Farm or construction equipment
sales or service C C P P C
I10 Farmers market A A A A A A A
I11 Feed and seed store C P P P C P
I12 Food market P P P P C C
I13 Food produce stand A A A A A A A A P
I14 Fuel sales, fleet or cardlock C P P P P C 10.60.210 I15 Fuel sales, retail C C C C C 10.60.210
I16 Garden shop P P P C C P

13.1 Public Hearing Page 62
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 32 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
I17 Landscape nursery C P P P P P
I18 Liquor store C C C C C
I19 Manufactured home sales yard C C C
I20 News, magazine or flower stand,
outdoor P P P P P P A
I21 Pawn shop C C C
I22 Pet store P P P P
I23 Retail sales store, less than
10,000 square feet P P P P P
I24 Retail sales store, more than
10,000 square feet P P P P P P
I25 Retail sales solely via internet,
direct mail, or telephone P P P P P P
I26 Secondhand or thrift store P P P P
I27 Swap meet or flea market
(Outdoor) C C C C C
I28 Tobacco, smoke, or vape shop P P P P P

13.1 Public Hearing Page 63
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 33 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Service Uses
J1 Ambulance service C P C C C
J2 Bank or credit union P P P P P
J3 Barbershop, hair salon, nail
care, or day spa P P P P
J4 Massage Therapy A A A A
Title 5
Chapter 5.104
J5 Car wash, automatic or fullservice C P P P C
J6 Car wash, self-service C P P P
J7 Carpet cleaning P P P
J8 Construction materials recycling C
J9 Copy, printing, or mailing
service P P P P P P
J10 Crematorium C

13.1 Public Hearing Page 64
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 34 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J11 Dry cleaning or laundromat P P P
J12 Equipment rental yard C P P P
J13 Exterminator or pest control
service C P P P
J14 Food catering C P P P P
J15 Fortune telling C C P
J16 Fuel distributing P P P
J17 Kennel or animal boarding C C C P C P P
J18 Linen, diaper, or uniform supply
service P P P
J19 Motor vehicle repair or service,
major C P P P
J20 Motor vehicle repair or service,
minor C P P P P
J21 Payday lenders or check cashing
establishment P P P P
J22 Pet grooming P P P P P P

13.1 Public Hearing Page 65
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 35 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J23 Photography studio P P P P P P
J24 Recycling, small collection
facility (CRV only) P P P P P P P 10.60.190
J25 Recycling, large collection
facility C P P 10.60.190
J26 Recycling, processing, or
sorting facility C P
J27 Repair shop, large appliance or
equipment P P P
J28 Repair shop, small appliance or
equipment C P P P P P
J29 Shooting range, indoor C C P C
J30 Shooting range, outdoor C
J31 Specialty construction or trade
service P P P
J32 Tailoring or clothing alterations P P P P
J33 Tattooing or body art C C P P P C
J34 Veterinary clinic or office P P P P P P P

13.1 Public Hearing Page 66
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 36 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J35 Veterinary hospital C C P P P
Transportation and Storage
Uses
K1 Airport or heliport P C
K2 Bus, transit, or train station C P P P P
K3 Cold storage or ice house C P P
K4 Food locker C P P P
K5 Junk yard, wrecking yard, or
salvage facility C
K6 Mini-warehouse or self-storage
facility C P P
K7 Parking facility, off-site C C C C P P
K8 Truck stop or travel center C C C 10.60.210
K9 Trucking or transportation
terminal C C P
K10 Vehicle impound yard P P P P

13.1 Public Hearing Page 67
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 37 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
K11 Warehouse or distribution center P P
Other Uses
L1 Cannabis Cultivation (Indoor)
L2 Cannabis Cultivation (Mixed
Light)
L3 Cannabis deliveries (Receiving) P P P P P P P P P Title 5 Chapter 5.96
L4 Cannabis distribution
L5 Cannabis laboratory testing
L6 Cannabis manufacturing
L7 Cannabis processing
L8 Cannabis product labeling
L9 Cannabis retail
P P Title 5
Chapter 5.96

13.1 Public Hearing Page 68
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 38 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
L10 Daycare, adult P P P P C P
L11 Daycare, small family P P P P P
L12 Daycare, large family P P P P P
L13 Daycare center C P P P P P
L14
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that is permitted in the same
zone

P P P P P P P P P
L15
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that requires an administrative
use permit in the same zone

A A A A A A A A A
L16
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that requires a conditional use
permit in the same zone

C C C C C C C C C

13.1 Public Hearing Page 69
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 39 2024

10.08.040 Addition of a use to land use tables.

Upon an application or on its own initiative and pursuant to Chapter 10.86, the City Council may add a use to the land use tables established in this chapter if the Council makes all the following findings:

A. That the addition of the use to the land use table will be in accordance with the purposes of this title and of the zone district or districts in which the use will be permitted.

B. That the zone district or districts in which the use is to be permitted has similar basic characteristics as the present uses allowed in the district or districts.

C. That the use will not generate a noticeably greater amount of odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence or hazard than the amount normally created by any of the other uses permitted in the district or districts in which the use will be permitted.

D. That the establishment of the use in the zone district or districts in which it will be permitted will not be detrimental to the public health, safety, or welfare.

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Chapter 10.10

RURAL RESIDENTIAL ZONE
Sections:

10.10.010 Purpose and application.

10.10.020 Permitted uses.

10.10.030 Lot area.

10.10.040 Lot dimensions.

10.10.050 Dwelling units per lot.

10.10.060 Coverage.

10.10.070 Building setback areas.

10.10.080 Distance between structures.

10.10.090 Height of structures.

10.10.100 Driveways.

10.10.110 Accessory structures.

10.10.120 Other setback standards.

10.10.130 Off-street parking.

10.10.140 Usable open space.

10.10.150 Landscaping.

10.10.160 Screening, fences, and walls.

10.10.170 Signs.

10.10.180 General provisions and standards.

10.10.010 Purpose and application.

This chapter shall apply to all land within the Rural Residential (R-1-20) zone. The purpose of the R-1-20 zone is to provide living areas within the City where development is limited to very low density concentrations of one-family dwellings at a density of zero to two dwellings per gross acre, where mini-farms or ranchettes may be developed with the allowance for limited numbers of livestock to be raised and crops to be grown.

10.10.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.10.030 Lot area.

The minimum lot area shall be 20,000 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.10.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 100 feet.

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C. The minimum lot depth shall be 100 feet.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.10.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.10.060 Coverage.

The maximum coverage of a lot in the R-1-20 zone shall be 50 percent of the area of the lot.

10.10.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 30 feet from the front lot line.

C. For single-family dwellings that include a usable front porch measuring at least 10 feet in width by five feet in depth, the front yard setback may be reduced by five feet.

D. The rear building setback shall be a minimum of 15 feet from the rear lot line.

E. The side building setback area shall be a minimum of 15 feet from a side lot line.

F. A garage or carport facing the street shall be set back at least 20 feet from the property line. If the garage does not face the street, the garage may be set back the required minimum distance listed in divisions (A) through (E) above.

G. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 50 feet away from the front property line, at least 25 feet from the street side of a corner lot, and at least 100 feet from any public parks, schools, hospitals, or similar institution.

10.10.080 Distance between structures.

A. The minimum distance between structures shall be 10 feet, except as provided by the building code.

B. The minimum distance between residential structures and structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be 30 feet.

10.10.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 10.80.

10.10.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

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C. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.10.110 Accessory structures.

Accessory structures may be located within a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.10.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

10.10.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Single-family dwellings shall provide a minimum of two covered parking spaces. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable all-weather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material as the main dwelling, and have support beams or posts that are decorative in style.

E. No recreation vehicle, including, without limitation, camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within a fenced side or rear yard or within a garage or carport.

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F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.10.140 Usable open space.

There is no open space requirement in the Rural Residential zone.

10.10.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 standards.

B. Except for driveways and approved parking areas, all setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 50 percent of the lot frontage along the street.

10.10.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1-20 zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard, and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

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4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. All fences shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

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10.10.170 Signs.

Signs placed in the Rural Residential zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.10.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-20 district:

A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

E. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

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Chapter 10.12

RESIDENTIAL ESTATE ZONE
Sections:

10.12.010 Purpose and application.

10.12.020 Permitted uses.

10.12.030 Lot area.

10.12.040 Lot dimensions.

10.12.050 Dwelling units per lot.

10.12.060 Coverage.

10.12.070 Building setback areas.

10.12.080 Distance between structures.

10.12.090 Height of structures.

10.12.100 Driveways.

10.12.110 Accessory structures.

10.12.120 Other setback standards.

10.12.130 Off-street parking.

10.12.140 Usable open space.

10.12.150 Landscaping.

10.12.160 Screening, fences, and walls.

10.12.170 Signs.

10.12.180 General provisions and standards.

10.12.010 Purpose and application.

This chapter shall apply to all land within the Residential Estate (R-1-12.5) zone. The purpose of the R-1-12.5 zone is to provide areas for large lot, single-family estate dwellings at a density of

2.1 to three dwellings per gross acre.

10.12.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.12.030 Lot area.

The minimum lot area shall be 12,500 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.12.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 90 feet for interior lots and 100 feet for corner lots.

C. The minimum lot depth shall be 100 feet.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

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10.12.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.12.060 Coverage.

The maximum coverage of a lot in the R-1-12.5 zone shall be 50 percent of the area of the lot.

10.12.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 20 feet from the front lot line.

C. For single-family dwellings that include a usable front porch measuring at least 10 feet in width by five feet in depth, the front yard setback may be reduced by five feet.

D. The rear building setback shall be a minimum of 10 feet from the rear lot line for one-story buildings and a minimum of 15 feet for multi-story buildings.

E. The interior side building setback area shall be a minimum of 7.5 feet from an interior side lot line. The side yard on the street side of a corner lot shall be a minimum of 10 feet.

F. A garage or carport facing the street shall be set back at least 20 feet from the property line. If the garage does not face the street, the garage may be set back the required minimum distance listed in divisions (A) through (E) above.

10.12.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.12.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 10.80.

10.12.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.12.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

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C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.12.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

10.12.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Single-family dwellings shall provide a minimum of two covered parking spaces. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable all-weather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material as the main dwelling, and have support beams or posts that are decorative in style.

E. No recreation vehicle, including, without limitation, camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within a fenced side or rear yard or within a garage or carport.

F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

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I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.12.140 Usable open space.

There is no open space requirement in the Residential Estate zone.

10.12.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 standards.

B. Except for driveways and approved parking areas, all setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 50 percent of the lot frontage along the street.

10.12.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1-12.5 zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard, and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. All fences shall be limited to the following materials or a combination of materials:

1. Front and street side yards:

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a. Concrete/block/brick.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Wall shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.12.170 Signs.

Signs placed in the Residential Estate zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.12.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-12.5 district:

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A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

E. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

G. Installation of a manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

H. Entryways for new subdivisions of 10 or more units fronting an arterial street shall be delineated and enhanced with the incorporation of at least two of the following:

1. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 20 feet deep and spanning the width of the entry roadway.

2. A monument sign or place name incorporated into a wall.

3. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

4. A landscaped median at least six feet wide and 50 feet long in the middle of the entry roadway.

5. An expansion of the landscaped area by a minimum of five feet in depth spanning a minimum of 10 feet on each side of the entry roadway.

I. Where new streets are proposed, the ends of new streets shall align with existing streets or paseos in adjacent blocks.

J. The maximum allowable length of closed-end streets (cul-de-sacs) in residential developments shall be 500 feet.

K. Where cul-de-sacs exist, pedestrian linkages are required and shall provide direct connections to adjacent streets or public areas.

L. Single-family subdivisions over 160 acres must include at least four points of access to connect with arterials, collectors, or other neighboring developments.

M. Within a subdivision, including home plans, homes built on side-by-side lots shall not repeat the floor plan unless the front elevation has a substantially different appearance and color.

N. Single-family homes proposed in a subdivision of eight or more homes shall include at least two of the following design features:

1. Tile roofing.

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2. A garage subordinate design on at least 50 percent of the available floor plans.

3. Three-color exterior paint.

4. Architectural elements, including window shutters, decorative moldings, gable decorations, or decorative molding.

5. Stone, rock, or brick elevation treatments at the base of ground floor front street-facing facades.

6. A concrete or stone walkway from the sidewalk to the front door exclusive of the driveway.

7. Front yard porch or courtyard of at least 25 square feet with no dimension measuring less than five feet wide.

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Chapter 10.14

LOW DENSITY RESIDENTIAL ZONE
Sections:

10.14.010 Purpose and application.

10.14.020 Permitted uses.

10.14.030 Lot area.

10.14.040 Lot dimensions.

10.14.050 Dwelling units per lot.

10.14.060 Coverage.

10.14.070 Building setback areas.

10.14.080 Distance between structures.

10.14.090 Height of structures.

10.14.100 Driveways.

10.14.110 Accessory structures.

10.14.120 Other setback standards.

10.14.130 Off-street parking.

10.14.140 Usable open space.

10.14.150 Landscaping.

10.14.160 Screening, fences, and walls.

10.14.170 Signs.

10.14.180 General provisions and standards.

10.14.010 Purpose and application.

This chapter shall apply to all land within the Low Density Residential (R-1) zone. The purpose of the R-1 zone is to provide residential neighborhoods of mostly, but not exclusively, singlefamily homes at a density of 3.1 to seven dwellings per gross acre. In order to adequately plan for single-family development of various densities, the R-1 district is further subdivided into the following sub-districts: R-1-4 and R-1-6.

10.14.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.14.030 Lot area.

A. The minimum lot area shall be 4,000 square feet for the R-1-4 district.

B. The minimum lot area shall be 6,000 square feet for the R-1-6 district.

C. A municipal water well site shall have a minimum lot area of 2,000 square feet.

D. The minimum lot area in the R-1-4 district may be reduced to 3,200 square feet with the approval of a planned unit development application for a Small Lot Residential development.

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10.14.040 Lot dimensions.

A. The following standards apply to the R-1-4 district:

1. The minimum lot frontage shall be 40 feet on a public street.

2. The minimum lot width shall be 40 feet for interior lots and 50 feet for corner lots. The minimum lot width may be reduced to 30 feet if there is an alley.

3. The minimum lot depth shall be 65 feet for lots fronting on a local street and 100 feet for lots fronting on collector or arterial streets.

B. The following standards apply to the R-1-6 district:

1. The minimum lot frontage shall be 40 feet on a public street.

2. The minimum lot width shall be 60 feet for interior lots and 70 feet for corner lots.

3. The minimum lot depth shall be 100 feet for lots fronting on a local street and 120 feet for lots fronting on collector or arterial streets.

C. New subdivisions shall not place the front lot line of new lots along arterial or collector streets.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.14.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.14.060 Coverage.

The maximum coverage of a lot shall be 60 percent.

10.14.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line to the structure’s living space unless reduced to 10 feet in the R-1-6 district or eight feet in the R-1- 4 district with a conditional use permit in accordance with Chapter 10.80.

C. The rear building setback shall be a minimum of five feet from the rear lot line.

D. The interior side building setback area shall be a minimum of five feet.

E. The street side building setback area shall be a minimum of 10 feet.

F. A garage or carport facing the street shall be set back at least 20 feet from the property line. If the garage does not face the street, the garage may be set back the required minimum distance listed in divisions (A) through (E) above.

10.14.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.14.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 45 feet with a conditional use permit in accordance with Chapter 10.80.

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10.14.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area face.

B. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

E. Each alley or private drive shall be 20 feet in width with an approved turning radius to accommodate garbage trucks. Each alley or private drive shall be designed to allow for the exiting of garbage trucks.

10.14.110 Accessory structures.

Accessory structures may be located within a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030

10.14.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

10.14.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Single-family dwellings shall provide a minimum of two covered parking spaces. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable all-weather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

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C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material as the main dwelling, and have support beams or posts that are decorative in style.

E. No recreation vehicle, including, without limitation, camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within a fenced side or rear yard or within a garage or carport.

F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.14.140 Usable open space.

There is no open space requirement in the R-1 zone.

10.14.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 40 percent of the lot frontage along the street.

10.14.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1 zone shall conform to the design standards in Section

10.50.040 and the following:

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A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

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E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

F. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.14.170 Signs.

Signs placed in the R-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.14.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-4 and R-1-6 districts:

A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. Orientation and appearance of all single-family dwellings shall be consistent and compatible with other dwelling units in the surrounding area.

C. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

D. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

E. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

G. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

H. Installation of a manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

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I. Entryways for new subdivisions of 10 or more units, fronting on an arterial street shall be delineated and enhanced with the incorporation of at least two of the following:

1. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 20 feet deep and spanning the width of the entry roadway.

2. A monument sign or place name incorporated into a wall.

3. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

4. A landscaped median at least six feet wide and 50 feet long in the middle of the entry roadway.

5. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the entry roadway.

J. Where new streets are proposed, the ends of new streets shall align with existing streets or paseos in adjacent blocks.

K. The maximum allowable length of closed-end streets (cul-de-sacs) in residential developments shall be 500 feet.

L. Where cul-de-sacs exist, pedestrian linkages are required and shall provide direct connections to adjacent streets or public areas.

M. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

N. Single-family subdivisions over 160 acres must include at least four points of access to connect with arterials, collectors, or other neighboring developments.

O. Single-family homes proposed in a subdivision of eight or more homes shall include at least two of the following design features:

1. Tile roofing.

2. A garage subordinate design on at least 50 percent of the floor plans.

3. Three-color exterior paint.

4. Architectural elements, including window shutters, decorative moldings, gable decorations, or decorative molding.

5. Stone, rock, or brick elevation treatments at the base of ground floor front street-facing facades.

6. A concrete or stone walkway from the sidewalk to the front door exclusive of the driveway.

7. Front yard porch or courtyard of at least 25 square feet with no dimension measuring less than five feet wide.

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Chapter 10.16

MEDIUM DENSITY RESIDENTIAL ZONE
Sections:

10.16.010 Purpose and application.

10.16.020 Permitted uses.

10.16.030 Lot area.

10.16.040 Lot dimensions.

10.16.050 Site area per dwelling unit.

10.16.060 Coverage.

10.16.070 Building setback areas.

10.16.080 Distance between structures.

10.16.090 Height of structures.

10.16.100 Driveways.

10.16.110 Accessory structures.

10.16.120 Other setback standards.

10.16.130 Off-street parking.

10.16.140 Usable open space.

10.16.150 Landscaping.

10.16.160 Screening, fences, and walls.

10.16.170 Signs.

10.16.180 General provisions and design standards.

10.16.010 Purpose and application.

This chapter shall apply to all land within the Medium Density Residential (R-M) zone. The purpose of the R-M zone is to provide areas for living areas within the City where development is permitted at relatively dense concentrations of dwellings between 7.1 and 14 units per acre. The objectives of the R-M district are:

A. The development of a suitable environment for family life, recognizing that a significant part of the multiple-family population is adults, including older adults.

B. The creation of vibrant residential neighborhoods that exhibit high standards of design, including the following features:

1. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit. In such neighborhoods, the sidewalk will be set back from the street, providing space for a tree-lined parking strip.

2. Multiple-family units designed in a manner that encourages human activity in the front yard by placing front doors facing the street, providing front porches, and reducing the dominance of parking facilities as a prominent feature in the front yard.

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C. To provide for limited commercial uses on the same site of multiple-family developments. The commercial uses shall be operated as a subordinate part of the multiple-family development.

This type of land use arrangement will work to reduce the need for residents to travel to offsite stores for basic consumer needs.

D. To provide space for community facilities needed to complement urban residential areas and for institutions that require a residential environment.

E. To minimize traffic congestion while providing an efficient circulation system.

10.16.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.16.030 Lot area.

The minimum lot area shall be 6,000 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.16.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 50 feet for interior lots and 60 feet for corner lots.

C. The minimum lot depth shall be 100 feet for lots fronting on a local street and 120 feet for lots fronting on collector or arterial streets.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.16.050 Site area per dwelling unit.

The minimum site area per dwelling unit shall be 3,000 square feet of area.

10.16.060 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements. These requirements shall not reduce the maximum lot coverage below 60 percent of the overall lot.

10.16.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area shall be a minimum of five feet per story.

D. The side building setback area shall be five feet per story from an interior side lot line and 10 feet from a street side property line. For a reverse corner lot, the street side setback shall be one-half the required front yard setback of the lot to the rear.

10.16.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

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10.16.090 Height of structures.

The maximum structure height shall be 35 feet. No portion of a structure that is within 30 feet of an interior property line shall be higher than 25 feet.

10.16.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.16.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three feet from the rear and side lot lines.

C. The roof eaves shall be at least two feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of 10 feet.

E. The maximum height shall be 20 feet.

F. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.16.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

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10.16.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable allweather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

D. No recreation vehicle, including, without limitation, a camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport.

E. No recreational vehicle or trailer shall be used as a residence.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

G. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

10.16.140 Usable open space.

Each lot shall provide for a usable open space area of a minimum of 300 square feet per dwelling unit. Each open space area shall be a minimum of 15 feet wide.

10.16.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area or with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 40 percent of the lot frontage along the street.

10.16.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-M zone shall conform to the design standards in Section

10.50.040 and the following:

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A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

6. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain-link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

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E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

F. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.16.170 Signs.

Signs placed in the R-M zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.16.180 General provisions and design standards.

The following standards apply to all development occurring within the RM district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit, devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

C. An annual inspection by the City of Tulare shall be conducted on all multiple-family dwellings of four units or more to ascertain compliance with fire and building codes and City standards and conditions, including conditions of approval of the applicable planning permit.

D. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

E. Building facades shall be designed utilizing varying setbacks, projections, and balconies, and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

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2. For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

3. All sides of a building shall include at least two forms of architectural detailing.

Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

5. Individual residential unit entrances located on the ground floor shall include a porch, stoop, patio, terrace, forecourt, or courtyard. Entrances shall have either a projected sheltering element or be recessed from the facade; the projection or recess shall have a minimum depth of 24 inches.

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

7. Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least two of the following:
a. Change in wall plane.
b. Change in color.
c. Change in roof form.

F. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments of 16 units or more shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

G. A children’s play yard with play equipment shall be required for all multiple-family projects of 10 units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet

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of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

I. Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and colors as the primary building design. Additional treatments, such as landscaping, a trellis, or an arbor are encouraged.

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Chapter 10.18

HIGH DENSITY RESIDENTIAL ZONE
Sections:

10.18.010 Purpose and application.

10.18.020 Permitted uses.

10.18.030 Lot area.

10.18.040 Lot dimensions.

10.18.050 Site area per dwelling unit.

10.18.060 Coverage.

10.18.070 Building setback areas.

10.18.080 Distance between structures.

10.18.090 Height of structures.

10.18.100 Driveways.

10.18.110 Accessory structures.

10.18.120 Other setback standards.

10.18.130 Off-street parking.

10.18.140 Usable open space.

10.18.150 Landscaping.

10.18.160 Screening, fences, and walls.

10.18.170 Signs.

10.18.180 General provisions and standards.

10.18.010 Purpose and application.

This chapter shall apply to all land within the High Density Residential (R-H) zone. The purpose of the R-H zone is to encourage a variety of multi-family residential uses in a density range from

14.1 to 29 dwelling units per gross acre. In order to adequately plan for multi-family development of various densities, the R-H zone is further subdivided into the following sub-districts: R-H-14 and R-H-20.

10.18.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.18.030 Lot area.

A. The minimum lot area shall be 6,000 square feet.

B. Existing lots of less than 6,000 square feet may be developed in accordance with the specifications of this section.

10.18.040 Lot dimensions.

A. The minimum lot frontage shall be 20 feet on a public street.

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B. The minimum lot width shall be 30 feet for interior lots and 40 feet for corner lots.

C. The minimum lot depth shall be 50 feet.

D. Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.

10.18.050 Site area per dwelling unit.

A. The minimum site area per dwelling unit shall be 2,000 square feet for the R-H-14 district.

B. Multi-family residential uses in the R-H-14 district shall be developed with a minimum density of 14.1 dwelling units per gross acre.

C. The minimum site area per dwelling unit shall be 1,500 square feet for the R-H-20 district.

D. Multi-family residential uses in the R-H-20 district shall be developed with a minimum density of 20 dwelling units per gross acre.

10.18.060 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements. These requirements shall not reduce the maximum lot coverage below 60 percent of the overall lot.

10.18.070 Building setback areas.

A. No structure utilized as living space shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area and interior side setback area shall be a minimum of five feet per story.

D. The side building setback area shall be 10 feet from a street side property line. For a reverse corner lot, the street side setback shall be one-half the required front yard setback of the lot to the rear.

10.18.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.18.090 Height of structures.

A. The maximum structure height shall be 50 feet. No portion of a structure that is within 30 feet of an interior property line adjacent to a single-family zoned property shall be higher than 25 feet.

B. Buildings over 50 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

10.18.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case

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of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.18.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three feet from the rear and side lot lines.

C. The roof eaves shall be at least two feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of 10 feet.

E. The maximum height shall be 20 feet.

F. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.18.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from an interior side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

10.18.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable allweather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

C. Required parking spaces may not be provided within any front setback area. Parking shall be setback a minimum of 10 feet from any side or rear property line except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof

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overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

D. No recreation vehicle, including, without limitation, a camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked in a location visible from the street so as not to detract from the neighborhood. All recreational vehicles must be operable.

E. No recreational vehicle or trailer shall be used as a residence.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

10.18.140 Usable open space.

A. Lots with four or fewer dwelling units shall provide for a usable open space area of a minimum of 200 square feet per dwelling unit. The open space shall be a minimum of 15 feet wide.

B. Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

10.18.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area or with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping.

10.18.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-H zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through

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material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.

D. Perimeter walls around residential developments shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. A wrought-iron fence is also acceptable. Walls and/or fences shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

Access points shall be provided no more than 200 feet apart.

F. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and

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self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.18.170 Signs.

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.18.180 General provisions and standards.

The following standards apply to all development occurring within the R-H district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

C. An annual inspection by the City of Tulare shall be conducted on all multiple-family dwellings of four units or more to ascertain compliance with fire and building codes and City standards and conditions, including conditions of approval of the applicable planning permit.

D. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

E. Building facades shall be designed utilizing varying setbacks, projections, and balconies, and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

2. For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

3. All sides of a building shall include at least two forms of architectural detailing.

Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

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5. Individual residential unit entrances located on the ground floor shall include a porch, stoop, patio, terrace, forecourt, or courtyard. Entrances shall have either a projected sheltering element or be recessed from the facade; the projection or recess shall have a minimum depth of 24 inches.

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

7. Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least two of the following:
a. Change in wall plane.
b. Change in color.
c. Change in roof form.

F. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments of 16 units or more shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

G. A children’s play yard with play equipment shall be required for all multiple-family projects of 10 units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

I. Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and

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colors as the primary building design. Additional treatments, such as landscaping, a trellis, or an arbor are encouraged.

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Chapter 10.20

NEIGHBORHOOD COMMERCIAL ZONE
Sections:

10.20.010 Purpose and application.

10.20.020 Permitted uses.

10.20.030 Site area.

10.20.040 Lot dimensions.

10.20.050 Coverage.

10.20.060 Building setback areas.

10.20.070 Distance between structures.

10.20.080 Height of structures.

10.20.090 Driveways.

10.20.100 Off-street parking.

10.20.110 Usable open space.

10.20.120 Landscaping.

10.20.130 Screening, fences, and walls.

10.20.140 Signs.

10.20.150 General provisions and standards.

10.20.010 Purpose and application.

This chapter shall apply to all land within the Neighborhood Commercial (C-1) zone. The purpose of the C-1 zone is to provide for areas of primarily small-scale, low-intensity neighborhood commercial uses and services that serve surrounding, adjacent residential neighborhoods throughout the community. The objectives of the C-1 zone are:

A. The development of a limited range of commercial uses that cater to the daily needs of residents.

B. The development of commercial buildings that are compatible with the aesthetic character and quality of residential neighborhoods.

C. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit, to serve the commercial developments. In such neighborhoods, the sidewalk will be setback from the street, providing space for a tree-lined parking strip.

D. Commercial buildings designed in a manner that encourages human activity on the street, by placing main entrances facing the street, and reducing the dominance of parking facilities as a prominent visual street feature. Where possible and practicable, parking lots shall be placed to the rear or to the side of buildings.

E. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

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F. To minimize traffic congestion, while providing an efficient circulation system.

10.20.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

B. Residential uses shall be subject to the development and design standards of the residential zone that are consistent with the density of the residential development. Thus, a multi-family development with a density of 12 units per acre would be subject to the development and design standards of the R-M zone. These standards include but are not limited to setbacks, height limitations, and open space.

10.20.030 Site area.

A. The minimum site area shall be 6,000 square feet. The site area may be divided into multiple separate lots of less than 6,000 square feet each if a reciprocal use agreement for shared street access and parking is recorded in conjunction with the subdivision of the lots.

B. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

C. The maximum site area shall be three acres.

10.20.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.20.050 Coverage.

The maximum coverage of a lot shall be 60 percent.

10.20.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be five feet.

C. The minimum rear building setback shall be 10 feet.

D. The minimum side building setback area shall be five feet.

10.20.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.20.080 Height of structures.

The maximum structure height shall be 30 feet.

10.20.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.

B. New driveways near street corners shall be located a minimum of 50 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

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10.20.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.20.110 Usable open space.

There is no minimum requirement for usable open space.

10.20.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.20.130 Screening, fences, and walls.

Fences, walls, and hedges in the C-1 zone shall conform to the design standards provided in section

10.50.040 and to the following standards:

A. A seven-foot solid masonry wall shall be required along any side or rear property line abutting residential zone district, except in required front and corner side yards where the maximum height shall be three feet. On a reversed corner lot where the district boundary line is adjacent to the front yard of a neighboring property, the required wall shall be reduced in height to four feet within 15 feet of a street property line.

B. The Director may allow fence and wall heights to be increased to mitigate noise problems documented by a noise study.

C. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron
D. The outdoor storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened with a six-foot solid wall or chain-link fence with slats

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and landscaping, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

10.20.140 Signs.

Signs placed in the C-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.20.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line abutting a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-1 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.50 Development Standards.

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Chapter 10.22

OFFICE COMMERCIAL ZONE
Sections:

10.22.010 Purpose and application.

10.22.020 Permitted uses.

10.22.030 Site area.

10.22.040 Lot dimensions.

10.22.050 Coverage.

10.22.060 Building setback areas.

10.22.070 Distance between structures.

10.22.080 Height of structures.

10.22.090 Driveways.

10.22.100 Off-street parking.

10.22.110 Usable open space.

10.22.120 Landscaping.

10.22.130 Screening, fences, and walls.

10.22.140 Signs.

10.22.150 General provisions and standards.

10.22.010 Purpose and application.

This chapter shall apply to all land within the Office Commercial (C-2) zone. The purpose of the C-2 zone is to provide areas for professional and non-retail commercial offices and businesses in close relationship with one another. The objectives of the C-2 zone are:

A. The development of a variety of office uses including professional, administrative, business, finance, and medical.

B. The development of office buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit, to serve the office developments. In such neighborhoods, the sidewalk may be setback from the street, providing space for a treelined landscaped area.

2. Office buildings and complexes that include generous amounts of landscaping, including parking lots designed so that they do not dominate the street scene and buildings that complement one another with tasteful design features.

C. To ensure that office buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

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D. To provide for the sensitive conversion of single-family homes into offices, with special attention being given to facade elevations, parking lots, signage, and lighting.

E. To minimize traffic congestion, while providing an efficient circulation system.

10.22.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

B. Residential uses shall be subject to the development and design standards of the residential zone that are consistent with the density of the residential development. Thus, a multi-family development with a density of 12 units per acre would be subject to the development and design standards of the R-M zone. These standards include but are not limited to setbacks, height limitations, and open space.

10.22.030 Site area.

The minimum site area shall be 3,000 square feet.

10.22.040 Lot dimensions.

The minimum lot frontage shall be 40 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.22.050 Coverage.

The maximum building coverage of a lot shall be 80 percent.

10.22.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet, except where an office is being developed within an existing residential neighborhood between existing residences and buildings on the block have a front yard setback greater than 10 feet, the setback for the unit being converted shall be average of the other buildings on the block.

C. There shall be no required rear building setback, except where a site abuts a residentially zoned parcel in which case the setback shall be 10 feet.

D. There shall be no required side building setback, except where a site abuts a residentially zoned parcel in which case the setback shall be five feet.

10.22.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.22.080 Height of structures.

A. The maximum structure height shall be 30 feet.

10.22.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

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B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.22.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Parking areas shall not be closer than 15 feet to any front or street side lot line. The area between the lot line and the parking area shall be landscaped.

C. New parking areas shall be located behind or to the side of buildings, not between buildings and the street unless it is not possible or practicable. Refer to Chapter 10.52 for Landscape Standards for parking areas.

10.22.110 Usable open space.

There is no minimum requirement for usable open space.

10.22.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.22.130 Screening, fences, and walls.

Fences, walls, and hedges in the C-2 zone shall conform to the design standards provided in Section

10.50.040 and to the following standards:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. A seven-foot solid masonry wall shall be required along any side or rear property line abutting residential zone district, except in required front and street side yards where the maximum height shall be three feet. On a reversed corner lot where the district boundary line is adjacent to the front yard of a neighboring property, the required wall shall be reduced in height to four feet within 15 feet of a street property line.

D. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.

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b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.22.140 Signs.

Signs placed in the C-2 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.22.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-2 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Development Standards.

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Chapter 10.24

RETAIL COMMERCIAL ZONE
Sections:

10.24.010 Purpose and application.

10.24.020 Permitted uses.

10.24.030 Site area.

10.24.040 Lot dimensions.

10.24.050 Coverage.

10.24.060 Building setback areas.

10.24.070 Distance between structures.

10.24.080 Height of structures.

10.24.090 Driveways.

10.24.100 Off-street parking.

10.24.110 Usable open space.

10.24.120 Landscaping.

10.24.130 Screening, fences, and walls.

10.24.140 Signs.

10.24.150 General provisions and standards.

10.24.010 Purpose and application.

This chapter shall apply to all land within the Retail Commercial (C-3) zone. The purpose of the C-3 zone is to provide for a wide variety of commercial and office uses that serve the general commercial needs of the residents of Tulare. The objectives of the C-3 zone are:

A. The development of a variety of retail commercial uses in buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, that emphasize and encourage walking and bicycling as well as efficient automobile transit. In such districts, the sidewalk may be setback from the street, providing space for a tree-lined landscaped area.

2. Commercial buildings and complexes that include generous amounts of landscaping, including parking lots designed so that they do not dominate the street scene and buildings that complement one another with tasteful design features.

B. To provide areas for the development of shopping facilities that:

1. Are convenient to all members of the community.

2. Aid in building Tulare’s sales tax base and prevent leakage of sales tax revenues to other communities.

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C. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

D. To minimize traffic congestion, while providing an efficient circulation system.

10.24.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

B. Residential uses shall be subject to the development and design standards of the residential zone that are consistent with the density of the residential development. Thus, a multi-family development with a density of 12 units per acre would be subject to the development and design standards of the R-M zone. These standards include but are not limited to setbacks, height limitations, and open space.

10.24.030 Site area.

There is no minimum site area.

10.24.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.24.050 Coverage.

The maximum coverage of a lot shall be 80 percent.

10.24.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be 10 feet, except where a parcel fronts on a major arterial or a residential zone district then the minimum setback shall be 20 feet.

C. There shall be no required rear building setback, except where the rear lot line abuts a major arterial or a residentially zoned parcel then the minimum rear building setback shall be 10 feet.

D. There shall be no required side building setback, except where the side lot line abuts a major arterial or a residentially zoned parcel then the minimum side building setback area shall be 10 feet.

10.24.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.24.080 Height of structures.

A. The maximum structure height shall be 30 feet.

B. Structures up to 60 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

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10.24.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.24.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.24.110 Usable open space.

New developments over one acre in size shall provide a common outdoor, shaded sitting area for use by customers. The size of the shaded sitting area shall be a minimum of 250 square feet per acre of site area.

10.24.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.24.130 Screening, fences, and walls.

A. The fences in the C-3 zone shall conform to the design standards provided in Section

10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

2. Where a commercially-zoned site adjoins a site that is residentially zoned, a seven-foottall solid wall and a 10-foot landscape buffer shall separate the commercial development from the adjoining residential district.

D. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

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1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought Iron
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.24.140 Signs.

Signs placed in the C-3 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.24.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-3 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Development Standards.

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Chapter 10.26

SERVICE COMMERCIAL ZONE
Sections:

10.26.010 Purpose and application.

10.26.020 Permitted uses.

10.26.030 Site area.

10.26.040 Lot dimensions.

10.26.050 Coverage.

10.26.060 Building setback areas.

10.26.070 Distance between structures.

10.26.080 Height of structures.

10.26.090 Driveways.

10.26.100 Off-street parking.

10.26.110 Usable open space.

10.26.120 Landscaping.

10.26.130 Screening, fences, and walls.

10.26.140 Signs.

10.26.150 General provisions and standards.

10.26.010 Purpose and application.

This chapter shall apply to all land within the Service Commercial (C-4) zone. The purpose of the C-4 zone is to provide areas primarily for wholesale and heavy commercial uses and service establishments that are not suited for other commercial zones. It also provides areas for certain light industrial uses that manufacture, assemble, or package products within buildings and which do not emit fumes, odor, dust, smoke, or gas. The objectives of the C-4 zone are:

A. The development of a variety of wholesale and heavy commercial and service uses, which are not suited to other commercial zones.

B. Service commercial uses shall be developed in buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, which accommodate a variety of vehicles typically involved in service commercial activities.

2. Commercial buildings and complexes that include generous amounts of landscaping, including parking lots designed so that they do not dominate the street scene and buildings that complement one another with tasteful design features.

3. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

C. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

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D. To minimize traffic congestion, while providing an efficient circulation system.

10.26.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

B. Residential uses shall be subject to the development and design standards of the residential zone that are consistent with the density of the residential development. Thus, a multi-family development with a density of 12 units per acre would be subject to the development and design standards of the R-M zone. These standards include but are not limited to setbacks, height limitations, and open space.

10.26.030 Site area.

A. The minimum site area for new lots that are created by subdivision map or parcel map shall be 6,000 square feet unless a smaller site is approved with a conditional use permit in accordance with Chapter 10.80.

B. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

10.26.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.26.050 Coverage.

The maximum coverage of a lot shall be 80 percent.

10.26.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be 10 feet, except where a parcel fronts on a major arterial or a residential zone district then the minimum setback shall be 20 feet. Except that driveways, canopies, parking lots, and roof overhangs may extend into a front yard by 50 percent.

C. There shall be no required rear building setback, except where the rear lot line abuts a major arterial or a residentially zoned parcel then the minimum rear building setback shall be 10 feet.

D. There shall be no required side building setback, except where the side lot line abuts a major arterial or a residentially zoned parcel then the minimum side building setback area shall be 10 feet.

10.26.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.26.080 Height of structures.

A. The maximum structure height shall be 30 feet.

B. Structures up to 60 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

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10.26.090 Driveways.

A. Wherever possible developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.26.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.26.110 Usable open space.

There is no minimum requirement for usable open space.

10.26.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52.

10.26.130 Screening, fences, and walls.

A. Fences in the C-4 zone shall conform to the design standards provided in Section 10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

2. Where a commercially-zoned site adjoins a site that is residentially zoned, a seven-foottall solid wall and a 10-foot landscape buffer shall separate the commercial development from the adjoining residential district.

D. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:

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a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought Iron
e. Chain link
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.26.140 Signs.

Signs placed in the C-4 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.26.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-4 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Commercial District Design Standards.

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Chapter 10.28

LIGHT INDUSTRIAL ZONE
Sections:

10.28.010 Purpose and application.

10.28.020 Permitted uses.

10.28.030 Site area.

10.28.040 Lot dimensions.

10.28.050 Coverage.

10.28.060 Building setback areas.

10.28.070 Distance between structures.

10.28.080 Height of structures.

10.28.090 Driveways.

10.28.100 Off-street parking.

10.28.110 Usable open space.

10.28.120 Landscaping.

10.28.130 Screening, fences, and walls.

10.28.140 Signs.

10.28.150 General provisions and standards.

10.28.010 Purpose and application.

This chapter shall apply to all land within the Light Industrial (M-1) zone. The purpose of the M1 district is to provide areas for light manufacturing, wholesale, and storage activities; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of Tulare residents and the environment, and to provide industrial employment opportunities for residents of the City of Tulare. The objectives of the M-1 district are:

A. The development of a variety of light industrial and service commercial and service uses, which are not suited to other commercial zones, in buildings and complexes that exhibit high standards of design, including:

1. Industrial buildings and complexes that include generous amounts of landscaping, and buildings that complement one another with tasteful design features.

2. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

3. To ensure that commercial buildings are designed in a manner that minimizes the impact to adjacent non-industrial uses through sensitive design that considers the impacts of noise, traffic, and lighting sources.

4. To minimize traffic congestion, while providing an efficient circulation system.

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10.28.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.28.030 Site area.

A. The minimum site area for new lots shall be 10,000 square feet except for City water well sites which shall have a minimum parcel size of 1,000 square feet. A conditional use permit for smaller lots may be approved, in accordance with Chapter 10.80.

B. Existing sites of less than 10,000 square feet may be developed in accordance with the requirements of this chapter.

10.28.040 Lot dimensions.

The minimum lot frontage shall be 80 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.28.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

10.28.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet.

C. There shall be no required rear building setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of 250 feet.

D. There shall be no required interior side building setback, except where the side lot line abuts a residentially zoned parcel or sensitive receptor then the minimum side building setback area shall be 250 feet.

E. The street side building setback area shall be a minimum of 10 feet except within a corner cutoff area.

F. Truck loading bays shall be located a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

10.28.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.28.080 Height of structures.

The maximum structure height shall be 75 feet, except that accessory structures up to a height of 120 feet may be permitted in accordance with Chapter 10.60.

10.28.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

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B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.28.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.28.110 Usable open space.

There is no minimum requirement for usable open space.

10.28.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All setback areas visible from a public right-of-way, not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52.

10.28.130 Screening, fences, and walls.

A. Fences and walls in the M-1 zone shall conform to the design standards provided in Section

10.50.040.

B. Fences, walls, and hedges in the M-1 zone shall conform to the following standards:

1. Where an industrially-zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

4. Razor wire, monitored electrified security fences, and similar security devices are only allowed on a permanent basis in the M-1 zone district with approval by the Director, provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 10.50.100.

10.28.140 Signs.

Signs placed in the M-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

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10.28.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 250 feet from a rear or side lot line that abuts a residentially zoned property or sensitive receptor.

B. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

C. New development may be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosures. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be installed prior to occupancy of any structures on the site.

D. No use shall be permitted and no process, equipment, or material shall be employed that is found by the City to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

E. No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and City ordinances and policies.

F. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

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Chapter 10.30

HEAVY INDUSTRIAL ZONE
Sections:

10.30.010 Purpose and application.

10.30.020 Permitted uses.

10.30.030 Site area.

10.30.040 Lot dimensions.

10.30.050 Coverage.

10.30.060 Building setback areas.

10.30.070 Distance between structures.

10.30.080 Height of structures.

10.30.090 Driveways.

10.30.100 Off-street parking.

10.30.110 Usable open space.

10.30.120 Landscaping.

10.30.130 Screening, fences, and walls.

10.30.140 Signs.

10.30.150 General provisions and standards.

10.30.010 Purpose and application.

This chapter shall apply to all land within the Heavy Industrial (M-2) zone. The purpose of the M2 district is to provide locations for heavy industrial uses unsuited to other locations in the community; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of Tulare residents and the environment, and to provide industrial employment opportunities for residents of the City of Tulare. The objectives of the M-2 district are:

A. The development of a variety of heavy industrial uses, which are not suited to other commercial zones, in buildings and complexes that exhibit high standards of design, including:

1. Industrial buildings and complexes that include generous amounts of landscaping; complexes that include generous amounts of landscaping, and buildings that complement one another with tasteful design features.

2. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

B. To ensure that industrial buildings are designed in a manner that minimizes the impact to adjacent non-industrial uses through sensitive design that considers the impacts of noise, traffic, and lighting sources.

C. To minimize traffic congestion, while providing an efficient circulation system.

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10.30.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.30.030 Site area.

A. The minimum site area for new lots shall be 40,000 square feet except for City water well sites which shall have a minimum parcel size of 1,000 square feet. A conditional use permit for smaller lots may be approved, in accordance with Chapter 10.80.

B. Existing sites of less than 40,000 square feet may be developed in accordance with the requirements of this chapter.

10.30.040 Lot dimensions.

The minimum lot frontage shall be 80 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.30.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

10.30.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 25 feet.

C. There shall be no required rear building setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of 250 feet.

D. There shall be no required interior side building setback, except where the side lot line abuts a residentially zoned parcel or sensitive receptor then the minimum side building setback area shall be 250 feet.

E. The street side building setback area shall be a minimum of 15 feet.

F. Truck loading bays shall be located a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

10.30.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.30.080 Height of structures.

The maximum structure height shall be 75 feet, except that accessory structures up to a height of 120 feet may be permitted in accordance with Chapter 10.60.

10.30.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

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C. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.30.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.30.110 Usable open space.

There is no minimum requirement for usable open space.

10.30.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All setback areas visible from a public right-of-way, not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.30.130 Screening, fences, and walls.

A. Fences and walls in the M-2 zone shall conform to the design standards provided in Section

10.50.040.

B. Fences, walls, and hedges in the M-2 zone shall conform to the following standards:

1. Where an industrially-zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

4. Razor wire, monitored electrified security fences, and similar security devices are only allowed on a permanent basis in the M-2 zone district with approval by the Director, provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 10.50.100.

10.30.140 Signs.

Signs placed in the M-2 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

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10.30.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 250 feet from a rear or side lot line that abuts a residentially zoned property or sensitive receptor.

B. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

C. New development may be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosures. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be installed prior to occupancy of any structures on the site.

D. No use shall be permitted and no process, equipment, or material shall be employed that is found by the City to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

E. No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and City ordinances and policies.

F. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

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Chapter 10.32

PUBLIC LANDS ZONE
Sections:

10.32.010 Purpose and application.

10.32.020 Permitted uses.

10.32.030 Site area.

10.32.040 Lot dimensions.

10.32.050 Coverage.

10.32.060 Building setback areas.

10.32.070 Distance between structures.

10.32.080 Height of structures.

10.32.090 Driveways.

10.32.100 Other setback standards.

10.32.110 Off-street parking.

10.32.120 Usable open space.

10.32.130 Landscaping.

10.32.140 Screening, fences, and walls.

10.32.150 Signs.

10.32.160 General provisions and standards.

10.32.010 Purpose and application.

This chapter shall apply to all land within the Public Lands (PL) zone. The purpose of the PL zone is to provide locations for public and private institutional uses, including, but not limited to, community facilities, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, the Tulare Airport, and other similar public uses and facilities on property owned and/or operated by a local, State or federal agency.

10.32.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.32.030 Site area.

The minimum site area is 3,000 square feet.

10.32.040 Lot dimensions.

There are no minimum lot dimensions.

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10.32.050 Coverage.

There is no maximum coverage requirement.

10.32.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet from the front lot line when located in a residential neighborhood.

C. The rear building setback shall be a minimum of five feet from the rear lot line, except where the rear lot line abuts an R-1, R-M, or R-H zone district, the rear building setback shall be a minimum of 10 feet.

D. The side building setback area shall be a minimum of five feet from an interior side lot line and a minimum of 10 feet from a street side property line.

10.32.070 Distance between structures.

The minimum distance between structures shall be five feet, except as provided by the building code.

10.32.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 100 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.32.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Gated entrances shall be set back at least 30 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.32.100 Other setback standards.

Mechanical equipment shall be located a minimum of five feet from every lot line, except the setback shall be a minimum of 10 feet from a lot line abutting a residential or commercial zone, or a shall be a minimum of 25 feet when the mechanical equipment is not enclosed to mitigate noise on adjacent uses.

10.32.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Required parking spaces may not be provided within any front, side, or rear building setback area.

10.32.120 Usable open space.

There is no required usable open space.

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10.32.130 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Section 10.52 Landscape Standards.

B. All building setback areas visible from a public street shall be landscaped, except for driveways and approved parking areas.

10.32.140 Screening, fences, and walls.

A. The fences in the PL zone shall conform to the design standards provided in Section 10.50.040.

B. Fences, walls, and hedges in the PL zone shall conform to the following standards:

1. Fences, walls, and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or a required side yard on a corner or side on a cul-de-sac lot, a fence, wall, or hedge shall not exceed four feet in height except as allowed by subsections 2 and 3 below.

2. A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts any residential zone.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

10.32.150 Signs.

Signs placed in the PL zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.32.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

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Chapter 10.34

PARKS AND RECREATION ZONE
Sections:

10.34.010 Purpose and application.

10.34.020 Permitted uses.

10.34.030 Lot area.

10.34.040 Lot dimensions.

10.34.050 Coverage.

10.34.060 Building setback areas.

10.34.070 Distance between structures.

10.34.080 Height of structures.

10.34.090 Driveways.

10.34.100 Other setback standards.

10.34.110 Off-street parking.

10.34.120 Usable open space.

10.34.130 Landscaping.

10.34.140 Screening, fences, and walls.

10.34.150 Signs.

10.34.160 General provisions and standards.

10.34.010 Purpose and application.

This chapter shall apply to all land within the Parks and Recreation (PR) zone. The purpose of the PR zone is to provide areas for outdoor recreation facilities that serve local and regional users, including, but not limited to, pocket, neighborhood, community, regional, and natural parks, as well as other outdoor recreation facilities such as golf courses, trails, and habitat preserves.

10.34.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.34.030 Lot area.

There is no minimum lot area.

10.34.040 Lot dimensions.

There are no minimum lot dimensions.

10.34.050 Coverage.

There is no maximum coverage requirement.

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10.34.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 20 feet from the front lot line.

C. The rear building setback shall be a minimum of 10 feet from the rear lot line.

D. The side building setback area shall be a minimum of 10 feet from an interior side or street side property line.

10.34.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.34.080 Height of structures.

The maximum structure height shall be 30 feet, except that a height up to 100 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.34.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

10.34.100 Other setback standards.

Mechanical equipment shall be located a minimum of five feet from every lot line, except the setback shall be a minimum of 25 feet from a lot line abutting a residential or commercial zone.

10.34.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. No parking spaces shall be provided within any front, side, or rear building setback area.

10.34.120 Usable open space.

There is no required usable open space.

10.34.130 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.

10.34.140 Screening, fences, and walls.

A. A minimum six-foot-tall solid wood or masonry fence shall be provided along any lot line that abuts any residential zoned property to separate the site development from the adjoining residential district. A three-foot wall shall be permitted in the front yard area.

B. The outdoor storage of equipment or materials shall be screened from view from any adjoining public right-of-way with a seven-foot-tall solid fence, wall, or chain-link fence with slats and landscaping.

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C. Fences and walls shall be provided on the site for each use in accordance with Sections

10.50.040.

10.34.150 Signs.

Signs placed in the OS zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.34.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

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Chapter 10.36

AGRICULTURE/OPEN SPACE ZONE
Sections:

10.36.010 Purpose and application.

10.36.020 Permitted uses.

10.36.030 Lot area.

10.36.040 Lot dimensions.

10.36.050 Coverage.

10.36.060 Building setback areas.

10.36.070 Distance between structures.

10.36.080 Height of structures.

10.36.090 Driveways.

10.36.100 Other setback standards.

10.36.110 Off-street parking.

10.36.120 Accessory structures.

10.36.130 Usable open space.

10.36.140 Landscaping.

10.36.150 Screening, fences, and walls.

10.36.160 Signs.

10.36.170 General provisions and standards.

10.36.010 Purpose and application.

This chapter shall apply to all land within the Agriculture/Open Space (A) zone. The purpose of the A zone is to provide areas for agriculture and agriculture-related uses. The objectives of the A zone are:

A. To prevent the intrusion of urban development into undeveloped/agricultural areas.

B. To provide appropriate areas for certain predominately open space uses of land that are not injurious to agricultural/open space uses but which may not be harmonious with urban uses.

C. To preserve in agricultural use/open space land suited for eventual development into other uses until such time as streets, utilities, and other infrastructure may be provided in order to ensure the orderly conversion of the lands from agriculture to urban use.

10.36.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.36.030 Lot area.

The minimum lot area is 10 acres.

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10.36.040 Lot dimensions.

There are no minimum lot dimensions.

10.36.050 Coverage.

The maximum coverage of a lot shall be no more than 10 percent for permitted uses and no more than 20 percent for conditional uses.

10.36.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 35 feet from the front lot line.

C. The rear building setback shall be a minimum of 15 feet from the rear lot line.

D. The side building setback area shall be a minimum of 15 feet from an interior side or street side property line.

E. Any structure used to contain animals or fowl shall be set back at least 200 feet from any residential or commercial zoned parcel or any school or institution used for human care.

10.36.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.36.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 75 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.36.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

10.36.100 Other setback standards.

Mechanical equipment shall be located a minimum of 25 feet from every lot line.

10.36.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.36.120 Accessory structures.

A. Agricultural accessory structures shall, unless otherwise regulated by this title, be permitted in the agriculture and rural residential zone districts and these same districts when attached to an overlay zone.

B. Development standards:

1. Maximum height: 80 feet.

2. Setback: The following are setback standards for agriculture accessory structures unless otherwise stipulated in this chapter:

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a. Front yard setback: same as front yard setback for the district in which the accessory structure is being placed.
b. Rear yard setback: accessory structures that do not exceed six feet in height may be located in any rear yard area so long as the area of the structure does not exceed 50 square feet. In the case where the accessory structure will not exceed 12 feet in height, the rear yard setback shall be three feet.
c. Side yard setback: same as the side yard setback for the district in which the accessory structure is being placed, except in the case where the accessory structure will not exceed 12 feet in height, the side yard setback shall be three feet. d. Side yard, street side setback: accessory structures that do not exceed six feet in height may be located in any street side yard area so long as the area of the structure does not exceed 50 square feet.

C. Distance between structures: the distance between a structure used for human habitation and a structure used for livestock shall be 40 feet.

10.36.130 Usable open space.

There is no required usable open space.

10.36.140 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.

10.36.150 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Section 10.50.040.

10.36.160 Signs.

Signs placed in the A zone shall be subject to the requirements and standards prescribed in Chapter

10.56. 10.36.170 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

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Chapter 10.38

HISTORIC SITE AND HISTORIC NEIGHBORHOOD OVERLAY
ZONE
Sections:

10.38.010 Purpose.

10.38.020 Definitions.

10.38.030 Duties and powers of the Planning Commission.

10.38.040 Designation criteria.

10.38.050 Designation process.

10.38.060 Historic resources.

10.38.070 Local historic districts.

10.38.080 National Register historic districts or structures.

10.38.090 Adoption by Council.

10.38.100 Amendment or rescission of designation.

10.38.110 Local Register of Historic Resources.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic resources.

10.38.130 Historic resource permit review process.

10.38.140 Historic district permit review process.

10.38.150 Conditional uses.

10.38.160 Appeal procedure.

10.38.170 Finality of decision.

10.38.180 Substandard buildings.

10.38.190 Advice and guidance to property owners.

10.38.200 Property owned by public agencies.

10.38.210 Fire and building codes.

10.38.220 Minimum maintenance.

10.38.230 Status of properties previously designated.

10.38.240 Civil and criminal penalties.

10.38.250 Severability.

10.38.010 Purpose.

A. The purpose of this chapter is to continue to preserve, promote, and enhance the historic resources and designated historic districts of the City for the educational, cultural, economic, and general welfare of the public; to continue to protect and review changes to these resources and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation; to continue to safeguard the heritage of this City by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history; to continue to preserve and enhance the environmental quality and safety of these

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landmarks and districts; to continue to establish, stabilize and improve property values and to foster economic development.

B. The Council finds that the City has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the City. The Council finds that the distinctive and significant character of the City can best be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its historic resources and districts which are important community assets.

C. The Council finds that this chapter benefits all of the residents of the City and all owners of the property and declares as a matter of public policy that the preservation, protection, and use of historic resources and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this City and State. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people. The designation and preservation of historic resources and districts and the regulation of alterations, additions, repairs, signs, removal, demolition, or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.

10.38.020 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions, and provisions contained in Section 10.98 shall also govern the construction, meaning, and application of words and phrases used in this chapter.

The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
“Alteration” means any change or modification requiring a City permit, through public or private action, of any designated historic resource or any property located within a designated historic district, including, but not limited to, exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the resource or property. “Architectural design review committee” means the entity created to make recommendations to the Planning Commission regarding new development, modifications, or alterations to resources within the district.
“Building” means any construction created primarily to shelter any form of human activity, including accessory structures and garages.
“California Register of Historical Resources” means the authoritative guide in California to be used by State and local agencies, private groups, and citizens to identify the State’s historical

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resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.
“Commission” means the City of Tulare Planning Commission. “Contributor to a local historic district” means an individual historic resource that contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.
“Contributor to a National Register Historic District” means an individual historic resource that contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.
“Cultural” means, as used in this chapter, shall include traditional cultures, including, but not limited to, Native American or other identifiable ethnic groups. “Demolition” means the act that destroys in whole or in part a designated historic resource. “Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outside surfaces of a building, structure, or object, including, but not limited to, the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. “Historic resource” means any building, structure, object, or site that has been in existence for more than 45 years and possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter.
“Landscaping” means designed and non-designed landscapes, including vegetation, natural features, structures, objects, roads, or waterways, designed, shaped, or modified by human activity.

Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary resource; and has been designated as such by the Council pursuant to the provisions of this chapter.
“Local register of historic resources” means the inventory of buildings, structures, objects, sites, and districts designated by the Council as historic resources or historic districts pursuant to the provisions of this chapter.
“Local Historic District (LHD)” means any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.

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“National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, and culture as authorized by the National Historic Preservation Act of 1966. “National Register Historic District (NRD)” means any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.
“Non-contributor” means any building, structure, object, or site that does not contribute to the significance of the historic district in which it is located. “Object” means any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as a fountain or sign. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. “Preservation/District Plan” means the plan adopted after the formation of a historic district, which shall govern the manner in which the preservation objectives of the district will be attained. “Reconstruction” means the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specified period of time.
“Regulated permits” means any permit issued for any work on a historic resource or within any historic district.
“Rehabilitation” means the act or process of making a compatible use of a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values.
“Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
“Secretary” means the Director or his or her designee.
“Secretary of the Interior’s Standards” means The Secretary of the Interior’s Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior. “Site” means the location of a significant event, a prehistoric or historic occupation, or an activity where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure, including, but not limited to, a designed landscape or the ruins of a building or structure.
“Specialist” means a person or person designated by the Director to serve as a preservation specialist to assist the City.

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“Stabilization” means the act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. “State Historic Building Code” means Title 24, Building Standards, Part 8, California Code of Regulations.
“Structure” means Any construction created for purposes other than creating human shelter, including, but not limited to, a bridge or water tower. “Survey” means historic resource surveys conducted under the auspices of the City. “Unreasonable economic hardship” means facts and circumstances that establish that there are no feasible measures that can be taken that will enable the property owner to make reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.

10.38.030 Duties and powers of the Planning Commission.

A. In regard to this chapter, the primary duties of the Planning Commission shall be:

1. The identification, designation, and preservation of historic resources and historic districts owned by the City or located within the city limits.

2. The regulation of exterior alterations visible from a public right-of-way, including demolition, relocation, new construction, and interior alterations, which would affect the significance of historic resources or historic districts.

B. The Commission shall have the following additional duties and powers:

1. Conduct studies and evaluations of applications requesting the designation of historic districts and make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter.

2. Adopt specific guidelines for the designation of historic resources, historic districts, and heritage properties as it deems necessary to effectuate the purposes of this chapter.

3. Maintain a current listing and description of designated historic resources and historic districts and transmit copies and updates of such listings to all appropriate City agencies and departments as determined by the Secretary to the Commission.

4. Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the City.

5. Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic resources and historic districts as the Commission deems appropriate.

6. Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency or department of the City, County, or State as they relate to designated historic resources and historic districts as the Commission deems appropriate.

7. Establish criteria and conduct or cause to be conducted historical resource surveys of properties within the city limits in accordance with State survey standards and procedures;

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submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.

8. Recommend internal procedures to facilitate the use of such adopted historical resource surveys in planning and development processes by all relevant City agencies and departments.

9. Publicize, maintain, and periodically update such historical resource surveys in accordance with State survey standards and procedures.

10. Adopt procedural rules for the systematic review of such historical resource surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein.

11. Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.

12. Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter.

13. Adopt, promulgate, amend, and rescind, from time to time, such rules, guidelines, and regulations as the Commission may deem necessary to effectuate the purposes of this chapter.

14. Provide a suitable sign, plaque, or other marker at public or private expense on or near the historic resource or district (LHD or NRD), indicating that the resource or district (LHD or NRD) has been so designated. The sign, plaque, or other marker shall contain information and data deemed appropriate by the Commission, and its placement shall be at the discretion of the owner.

15. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions as a matter of public record.

16. Render advice and guidance, upon the request of a property owner or tenant, on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping, or maintenance of any historic resource or any contributor to any historic district (LHD or NRD).

17. Investigate and report to the Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote historic resource preservation in the City.

18. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic resources and provide for public participation in all aspects of the City’s historic preservation programs.

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10.38.040 Designation criteria.

A. Historic resources. Any building, structure, object, or site may be designated as a historic resource if it is found by the Commission and Council to meet the following criteria:

1. It has been in existence for more than 50 years, and it possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and:
a. It is associated with events that have made a significant contribution to the broad patterns of our history.
b. It is associated with the lives of persons significant in our past. c. It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values. d. It has yielded or may be likely to yield, information important in prehistory or history.

2. It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, State, or national.

B. Local historic districts. Any finite group of resources (buildings, structures, objects, or sites) may be designated as a local historic district if it meets the definition set forth in Section

10.38.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50 percent of the resources within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

1. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural heritage.

2. It is identified with a person or group that contributed significantly to the culture and development of the City.

3. It embodies distinctive characteristics of a style, type, period, or method of construction or is a valuable example of the use of indigenous materials or craftsmanship.

4. Structures within the area exemplify a particular architectural style or way of life important to the City.

5. The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or local historic district.

6. The area has the potential to yield information of archaeological interest.

C. National Register historic districts. The nomination of any finite group of resources (buildings, structures, objects, or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50 percent of the property owners within the proposed National Register historic district.

D. Contributors to historic districts. Any building, structure, object, or site may be designated as a contributor to a local historic district or a proposed National Register historic district if it contributes to the significance of the specific historic district under the criteria set forth above in this section.

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10.38.050 Designation process.

A. Buildings, structures, objects, sites, and districts may be considered for designation as historic resources, local historic districts, or National Register historic district under this chapter as set forth in Sections 10.38.060, 10.36.070, and 10.38.080.

B. Historic resources and districts shall be adopted by ordinance pursuant to Chapter 10.86, Zoning Ordinance Amendments. In the case of historic resources, the resource shall be designated on the Official Zoning Map with the base zone district followed by the Historic Site And Historic Neighborhood Overlay zone notation (H). For example, a single-family property that is designated a historic resource shall have the notation R-1-6(H).

C. In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic resources, and contributing resources shall be subject to the historic district permit review process.

10.38.060 Historic resources.

A. Requests for designation. Designation of a historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the City, using a form approved by the Secretary and shall include the following information:

1. The Assessor’s parcel number for the property containing the building, structure, object, or site proposed for designation, along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s).

2. Whether the proposed historic resource takes the form of a building, structure, object, or site, as defined in this chapter.

3. A description of the specific building, structure, object, or site proposed for designation, including, but not limited to, its dates of construction, significant alterations, and architectural style.

4. The manner in which the proposed building, structure, object, or site meets the criteria for designation contained in Section 10.38.040.

5. Current photographs of all aspects of the proposed historic resource, supplemented by sketches, drawings, or other descriptive materials.

6. A description of the physical condition and appearance of the proposed historic resource.

7. If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal is in opposition to the submission or has declined to state a position on the issue; however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource under this section.

8. Completed California Department of Parks and Recreation Primary Record and Building, Structure, and Object #523 forms for the proposed historic resource.

B. Procedural requirements in advance of the hearing.

1. The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the

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application will be scheduled when the Department determines that the application is complete.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition, or removal of such property, and no permit to undertake such work shall be issued by the City for 90 days from the date the Department mails the notice of hearing to determine historic resource designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate City officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.

4. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resource, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

5. Prior to the Commission’s hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction, or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.

C. Commission hearing.

1. The Commission shall review all materials prepared and submitted and vote on the designation recommendation.

2. At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval, or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing.

3. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.

4. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of

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the Council. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.070 Local historic districts.

A. Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and if recommended by the Commission, a subsequent, formal submission.

B. Initial application.

1. The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
a. Proposed district boundaries.
b. A statement of how the proposed local historic district meets the designation criteria of Section 10.36.040.

2. The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district.

C. Formal application. The formal application for local historic district designation consideration must have written consent from a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property, and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:

1. A clearly defined and explained boundary for the proposed district is shown on an assessor’s map or maps.

2. A concise description of the general physical or historical elements (buildings, structures, objects, and sites) and qualities that make this area a local historic district with a description of building types, architectural styles, and periods represented in the proposed district.

3. A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district’s historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in Section 10.38.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in Section 10.38.040(C).

4. A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance.

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5. A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resources.

6. Photographs of streetscapes in the proposed district and the contributing and noncontributing resources.

7. Completed Department of Parks and Recreation #523 forms for each building, structure, object, or site within the proposed local historic district, which also identify the potential contributors and non-contributors to the district.

8. Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.

9. The signed property owners’ consent form, which shall clearly indicate the name, district property address, district property parcel number, and mailing address of each consenting property owner.

D. Procedural requirements in advance of the hearing.

1. The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter.

A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.

2. A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. No permit shall be issued by the City for the undertaking of any alteration, construction, grading, demolition, or removal of any property within a proposed historic district, and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation.

If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.

E. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked,

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provided that construction is started and diligently pursued to completion in accordance with the building code.

F. Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.

2. Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed.

3. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.

4. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.

5. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

G. Adoption of a Preservation/District Plan. After the adoption of the designation for a historic district by the Council pursuant to Section 10.36.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:

1. A statement of significance that includes a description of contributing resources and significant elements.

2. The goals and objectives of the proposed district.

3. The means by which preservation objectives will be enforced:
a. A proposed Design Review Committee with all conditions for formation, membership, and operations specified.
b. The Planning Commission serving as the Design Review Committee for the local historic district.
c. An Architectural Plan Design Review Committee with all conditions for formation, membership, and operations specified.

4. Identification of the standards and guidelines that will be applied to design review within the district.

5. The activities regulated by the Preservation/District Plan that shall exclude activities determined exempt under this chapter.

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6. The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.

10.38.080 National Register of historic districts or structures.

A. Requests for recommendation. Recommendation to designate a local historic district or a structure to the National Register of Historic Places may be requested by more than 50 percent of the property owners within such historic district or by the Commission or Council.

B. Procedural requirements in advance of the hearing.

1. An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register Historic District at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as deemed necessary.

3. The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places.

C. Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the district recommendation.

2. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation.

3. Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Council.

4. The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.090 Adoption by Council.

A. The sole authority to declare historic resources or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission’s responsibilities under the designation process set forth above in Section 10.38.050.

B. Within 30 days following receipt by the City Clerk of the Commission’s recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council. Following such hearing, the City Council shall adopt, modify, or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to

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the district. In the alternative, the City Council may continue its consideration of the matter or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration, or study within a period of time designated by the City Council. Adoption of the designation shall be made by resolution, which shall contain findings of fact.

C. Within 10 days of the Council’s decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate.

D. No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider shall be treated as a new proposal for designation pursuant to Sections 10.36.060,

10.36.070, or 10.36.080.

10.38.100 Amendment or rescission of designation.

The City Council may amend or rescind any designation of a historic resource, a historic district, a contributor to a historic district, or a non-contributor to a historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation, or a change of circumstances, conditions, or factors that justified the change in the designation of the resource or district.

10.38.110 Local Register of Historic Resources.

Ordinances adopting designations of historic resources and local historic districts shall collectively be known as the Local Register of Historic Resources. The local register shall be kept on file with the Secretary, who shall transmit copies to the various City officers.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic resources.

When a designated historic resource has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such resource to be deleted from the Local Register of Historic Resources and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property.

10.38.130 Historic resource permit review process.

A. It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any historic resource without first obtaining a City permit and the approval of the Planning Commission.

B. Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any historic resource, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic resource based on the application presented.

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C. Any application or proposal that proposes the substantial alteration of a historic resource shall also be referred to the Secretary or his or her designee for review.

D. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic resource covered by this chapter that does not involve a change in design, materials, or external appearance.

E. Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal, or substantial alteration of the historic resource is immediately necessary to protect the public health, safety, or general welfare.

F. After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.

G. No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:

1. The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior’s Standards, and not detrimental to the special historical, architectural, or aesthetic interest or value of the historic resource.

2. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

3. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

4. The site is required for public use, which will directly benefit the public health, safety, and welfare and will be of more benefit to the public than the historic resource.

5. For applications for relocation of a historic resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resource, and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.

H. Any finding that denial of the application or proposal will result in unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the City. This “afterrehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that the property could generate after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.

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c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

3. The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

4. If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20 percent, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

I. If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

J. The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the City. The notice shall contain the Commission’s findings in support thereof.

10.38.140 Historic district permit review process.

A. It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any property within any historic district without first obtaining a City permit and written approval of the Planning Commission.

B. Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any property within any historic district, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve nonsubstantial alterations to the property based on the application presented.

C. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, materials, or external appearance.

D. Nothing in this section shall be construed to prevent the Director from issuing a building permit if it is determined that demolition, removal, or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety, or general welfare.

E. After consideration of the final environmental document, all evidence, and testimony, the Commission shall have the authority to approve, deny, or approve, with modifications, any proposed application or permit application.

F. No application shall be approved with modifications unless the Commission makes the following findings:

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1. For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district’s adopted design standards.

2. For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

3. For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

4. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

5. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

6. For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resource, and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.

G. Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This “after-rehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

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3. The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

4. If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20 percent, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

H. A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to Section 10.36.160.

I. If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

J. The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission’s findings in support thereof.

10.38.150 Conditional uses.

A. Conditional uses in the Historic Site and Historic Neighborhood Overlay zone shall include all uses that are conditional in the base zoning district or are listed as follows:

1. Art and antique shops.

2. Art and craft schools.

3. Art supply and hobby shops.

4. Bed and breakfast establishments.

5. Beauty salons and barber shops.

6. Floral shops.

7. Gift and souvenir stores.

8. Meeting halls.

9. Multi-family dwellings, not exceeding one unit per 3,000 square feet.

10. Music or dance studios.

11. Photography studios.

12. Offices.

13. Restaurants.

14. Stamp and coin stores.

15. Shoe repair shop.

16. Travel bureaus.

17. Any other use deemed appropriate by the Planning Commission.

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B. The above conditional uses are allowed in residential zones subject to securing a conditional use permit pursuant to Chapter 10.80.

10.38.160 Appeal procedure.

All appeals shall be considered pursuant to Chapter 10.70.

10.38.170 Finality of decision.

Any decision of the Council under this chapter shall be final. Any decision of the Commission under Sections 10.36.130 or 10.36.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall be issued, nor shall any rights vest therein, until the decision of the Commission is final or any appeal therefrom is disposed of in the manner prescribed by this chapter.

10.38.180 Substandard buildings.

A. The Building Official shall notify the Secretary whenever such official declares a historic resource or any structure within a historic district to be substandard or unsafe pursuant to the California Building Code.

B. Where any historic resource has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such resource to be removed from any historic list.

10.38.190 Advice and guidance to property owners.

A. The Commission may render advice and guidance with respect to any proposed work not requiring a City permit on any designated historic resource or any property within any historic district.

B. Examples of work referred to above are painting and repainting of exterior surfaces, fencing, landscaping, and installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter.

10.38.200 Property owned by public agencies.

A. The Commission shall take appropriate steps to notify all public agencies and public utilities that own or may acquire property, including easements and public rights-of-way, in the City about the existence and character of designated historic resources and historic districts, and the Commission shall cause a current record of such resources and districts to be maintained with each such public agency and public utility. All such designated resources and districts shall be subject to the provisions of this chapter regardless of ownership.

B. In the case of publicly owned properties that are not subject to the permit review procedures of the City, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter. If the Commission review of a public project involving construction, alteration, or demolition of any building, structure, object, or site is

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required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor.

10.38.210 Fire and building codes.

Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter.

10.38.220 Minimum maintenance.

A. All designated historic resources, including contributors to any historic district, shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating the demolition of a historic resource by neglecting it and by permitting damage to it by weather and vandalism.

B. Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:

1. Building elements so attached that they may fall and injure members of the public or property.

2. Deteriorated or inadequate foundation.

3. Defective or deteriorated flooring.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration.

6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration.

7. Deteriorated, crumbling, or loose exterior plaster.

8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.

9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight.

10.38.230 Status of properties previously designated.

A. All historic properties previously designated under this chapter shall remain unless otherwise removed as a historic property.

B. All existing “H” overlay properties shall be considered historic resources.

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10.38.240 Civil and criminal penalties.

It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of a historic resource or a building, structure, object, or site within a historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object, or site to its appearance or condition prior to the violation under the guidance of the Community Development Department.

10.38.250 Severability.

If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

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Chapter 10.40

PLANNED UNIT DEVELOPMENT OVERLAY ZONE
Sections:

10.40.010 Purpose.

10.40.020 Application procedure.

10.40.030 Allowed planned unit developments.

10.40.040 Prohibited planned unit developments.

10.40.050 Site area.

10.40.060 Small Lot Residential PUD.

10.40.070 Findings.

10.40.080 Conditions of approval.

10.40.090 Notice of decision.

10.40.100 Appeals.

10.40.110 Life of permits and extensions of time.

10.40.120 Revocation.

10.40.010 Purpose.

A planned unit development (PUD) can achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. The Planned Unit Development Overlay zone is designed to produce a comprehensive development that is equal to or better than that resulting from residential development developed under more traditional zoning regulations.

10.40.020 Application procedure.

A. Applications for a planned unit development shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments. Any single-family residential zone district contained in this chapter may be combined with the Planned Unit Development Overlay zone. The tentative subdivision map or residential development plan that accompanies an application for reclassification shall be reviewed by the Director to determine consistency with the provisions of this chapter. The map or plan shall include the following information:

1. Legal description and boundary survey map of the exterior boundaries of the parcel to be developed.

2. Plot plan of land to be developed, showing residential uses by type, number and size; residential lots by type, number and size; open space uses; streets, rights-of-way and easements; and proposed on-site and off-site improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure.

3. A grading and drainage plan, showing elevations, directions of water flow, and storm drainage improvements.

4. Concept plans that demonstrate the overall scope of the residential development.

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5. A preliminary utilities and title report.

6. The anticipated timing of each development phase.

7. Elevation drawings of residential structures in the development.

B. Zone districts that are combined with the Planned Unit Development Overlay zone shall be designated on the Official Zoning Map with the base zone district followed by the Planned Unit Development Overlay zone notation (PUD).

10.40.030 Allowed planned unit developments.

A planned unit development may be utilized to achieve one or more of the following objectives:

A. To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located.

B. To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located and allow for averaging of lot sizes to create greater flexibility in subdivision design.

C. To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title.

D. To permit Small Lot Residential developments in accordance with 10.40.060 below.

E. To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.

F. Allow for the placement of duplexes on corner lots within single-family residential developments.

G. Provide for the integration of neighborhood parks.

H. To permit variations to the standard local street cross-sections within private gated neighborhoods subject to the review and approval of the City Engineer.

I. To permit private streets, residential lots fronting on a private street, and gated neighborhoods.

J. To reduce the amount of required parking spaces when spaces are shared among multiple land uses.

10.40.040 Prohibited planned unit developments.

A planned unit development is prohibited from being used to achieve one or more of the following:

A. To add land uses that are not otherwise permitted in the zone district in which the PUD is located.

B. To increase residential densities beyond the maximum allowed by the General Plan.

C. To modify sign standards or provisions in Chapter 10.56.

D. To modify parking and loading standards or provisions in Chapter 10.54, except as stated in Section 10.40.030.

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10.40.050 Site area.

A. The minimum site area for a planned unit development shall be four acres, except that there shall be no minimum site area requirements if the site is an infill development site.

B. The site area may be made up of more than one parcel, however, all parcels in the site area shall be contiguous.

10.40.060 Small Lot Residential PUD.

A. The purpose of the Small Lot Residential PUD is to provide living areas within the City where development is proposed to achieve compact development with lot sizes in the range of 3,200 square feet to 4,000 square feet.

B. The objectives of the Small Lot Residential PUD are:

1. The development of compact single-family residential neighborhoods at densities typically in the six to eight units per acre range.

2. The development of compact residential neighborhoods that exhibit high standards of design and are within close proximity to private or public parks or amenities.

3. To provide for a compact development with narrow lot widths that minimize the dominant characteristics of garages on the streetscape.

4. To provide for an additional housing type and address issues of affordability.

C. A Small Lot Residential development may be located on any land designated R-1-4, low density residential, on the Official Zoning Map.

D. Each small lot residential development shall submit a PUD application for approval by the Planning Commission.

E. Development standards shall be as follows:

1. Minimum site area: 3,200 square feet.

2. Minimum lot width: 40 feet if there is no alley, but 30 feet if there is an alley.

3. Minimum lot depth: 65 feet.

4. Density: no more than one dwelling shall be located on each parcel with the exception of ADUs consistent with Section 10.60.030.

5. Lot coverage: 60 percent maximum including the dwelling and the garage. Porches, driveways, patios, and other non-landscaped areas are excluded.

6. Front building setback: no less than seven feet and no more than 12 feet. Garages. Porches cannot encroach into the minimum front setback area.

7. Rear building setback: a minimum of four feet, except no rear yard is required if the rear property line abuts an ally.

8. Interior side building setback: a minimum of 4 feet on each side to provide a minimum of eight feet of separation between buildings. Zero lot lines can be approved with an eightfoot separation. An additional two feet of setback shall be provided for each additional story of building height.

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9. Street side yard setbacks on corner lots shall comply with front yard setbacks.

10. Building height: the maximum height of a permitted use and its accessory structures is 30 feet. A maximum height of 40 feet may be approved through a conditional use permit.

11. Fences, walls, and hedges shall be the same as required in the R-1-4 zone.

12. Off-street parking:
a. Each unit shall provide for a two-car garage. Each garage shall have a minimum depth of 20 feet and a minimum width of 18 ft. All parking spaces and driveways shall be paved in accordance with Chapter 10.54.
b. A garage facing an alley shall have a four-foot apron. c. A garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.
d. A garage facing a street shall be setback 20 feet from the property line and shall be recessed at least five feet from the front building elevation (including porches). If development establishes private streets or sidewalks, garages facing a street shall provide a 20 ft. apron. The 20 ft. apron shall not include any part of the sidewalk. The garage shall not extend more than 50 percent of the lot width.

13. New development is required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage facilities lines, curbs, gutters, sidewalks, street paving, and street lighting.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

14. Alley/driveways: each alley or private driveway shall be 20 feet in width with an approved turning radius to accommodate garbage trucks. Each alley/driveway shall be designed to allow for the exiting of garbage trucks.

F. Design standards shall be as follows:

1. Horizontal and vertical relief shall be provided for the second and third floors. Acceptable elements include recessed stories, awnings, recessed wall planes, and architectural details that break up flat elevation expanses.

2. Mirror house plans shall not be provided on consecutive lots.

3. Guest parking shall be provided on-site for the development of 20 units or more at a ratio of one guest space per five units. Parking areas in driveways shall not be counted as guest parking.

4. No carports are allowed as garages.

5. If off-street parking is provided on the driveways, parking shall be designed as to not interfere with pedestrian circulation along the sidewalk.

6. Each unit that proposes a “common” wall with an adjacent unit shall have attic separation and independent water meters and sewer laterals.

7. Utility infrastructure shall be located in areas that are not highly visible from public streets.

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8. Private streets may be allowed with 36 feet curb to curb and a six-foot adjacent sidewalk for a total right-of-way of 48 feet.

9. Where private streets and common areas are proposed, a Home Owners Association (HOA) or similar entity shall be established.

10. Small lot residential developments accessing a central courtyard area serving no more than six units shall provide a driveway width of 20 feet in addition to any garage apron and landscape setback.

11. When the garage is provided in the front, two houses shall not be designed to have their garages abutting each other and therefore having a common wall. Mirror house plans shall never be provided in consecutive lots.

12. The garage, whether located in the front or the rear, shall always be designed as an enclosed building unit, with a designed door that has a similar architectural detail as the main elevation’s theme.

13. The garage roof design shall have a similar architectural appearance and the same building materials as the house roof.

14. All garages in the rear shall be provided with automatic doors to facilitate security of residents.

G. Open Space design standards shall be as follows:

1. An area of 325 sq. ft. per dwelling unit is required, with a minimum size of one-half acre.

When the overall development area is elongated or otherwise very irregular, the required open space can be split into two or more small open spaces.

2. Open space areas shall be centrally located and accessible through pedestrian trails, bike paths, streets, etc. Average walking distance for amenities shall be a quarter mile or less.

3. Areas of open space shall be regular and geometrically defined areas that are usable and where the community can locate tot lots, picnic areas, recreational activities, etc. Areas leftover of subdivision design (comer areas, areas otherwise not usable for residential, etc.) do not count as open space. Lots that were designed for residential use cannot be eliminated and simply assumed as open space to meet the open space criteria.

4. Water retention basins and drainage retention areas may be incorporated as controlled recreational-visual areas within the open space when designed accordingly and not as squared-fenced isolated water bodies.

5. Required open space may be either private or public open space maintained by an HOA or through the creation of a Landscape/Lighting District or other City approved maintenance entity.

6. All developments shall provide open space as required by this section and shall provide inlieu fees for any remaining Quimby requirement. Open space provided as part of the development will be credited toward fulfillment of the subdivision’s Quimby Act requirement.

H. Street Design standards shall be as follows:

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1. Street design shall foster the interconnectivity of streets and blocks to favor both automobile and pedestrian circulation.

2. All streets shall be provided with sidewalks.

3. The right-of-way of local streets shall meet the adopted City standard.

4. Travel lanes shall be in compliance with adopted City standards.

5. Landscape provided along local roads shall be designed with trees specified in the adopted street tree species list.

I. Alley Design standards shall be as follows:

1. Alleys shall be designed with a minimum clearance of 20 feet for free circulation of utility trucks.

2. Alleys may have a landscape and apron area with access to the garage that shall not exceed four feet wide.

3. Landscape provided in the alley shall be of species whose foliage grows vertically so the free access of utility trucks and cars is not impeded.

4. On-street parking in the alley is prohibited.

5. A lighting plan shall be provided with alley design submittals.

J. Streetscape Design standards shall be as follows:

1. Each subdivision shall have at least three different floor plans with three elevations each.

2. Not two identical elevations can be adjacent to each other, and elevations that mirror to each other shall not be placed consecutively.

3. The roof design of each house shall include various volumetric elements that compose the entire elevation.

4. The landscape strip along streets shall be provided with at least one tree per dwelling unit.

10.40.070 Findings.

A. Before a planned unit development can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 10.70:

1. That the proposed project is consistent with the purpose and objectives of this chapter and the zone district in which the project is located.

2. That the proposed project is consistent with the Tulare General Plan.

3. The PUD is being proposed to achieve one or more of the objectives identified in Section

10.40.030.

4. The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

5. The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion, and will not overload utilities.

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6. That PUD’s population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the purpose of this title.

7. The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will complement each other and will harmonize with the existing and proposed land uses in the vicinity.

B. A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

10.40.080 Conditions of approval.

The reviewing authority may place conditions of approval on the planned unit development that promote well-planned neighborhoods, protect the public interests, health, safety, convenience, or welfare of the city, or that mitigate any impacts to surrounding properties.

10.40.090 Notice of decision.

A notice of decision of a planned unit development permit shall be processed consistent with Chapter 10.70.

10.40.100 Appeals.

Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 10.70.

10.40.110 Life of permits and extensions of time.

The initial life and subsequent extensions of time for a PUD shall be per Chapter 10.70, except that when any PUD is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16, the PUD shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the PUD.

10.40.120 Revocation.

Revocation of an approved PUD shall be conducted consistent with procedures and notice requirements in Chapter 10.70.

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Chapter 10.42

DOWNTOWN OVERLAY ZONE
Sections:

10.42.010 Purpose.

10.42.020 Application.

10.42.030 Permitted & Conditional Uses.

10.42.040 Development standards.

10.42.050 Off-Street parking.

10.42.060 Landscaping.

10.42.070 Screening, fences, and walls.

10.42.080 Signs.

10.42.090 Design standards.

10.42.010 Purpose.

The purpose of the Downtown Overlay zone is to ensure that Tulare’s Downtown can attract and retain businesses that appeal to residents and visitors alike and create a welcoming and unique environment that represents the community of Tulare. The objectives of the Downtown Overlay zone are:

A. Enhance efforts aimed at economic development by fostering an environment conducive to business success in the downtown area.

B. Generate pride and confidence in the downtown area.

C. Create an attractive environment that is active throughout the day and evening.

D. Establish downtown development and design standards that will create a unified, yet distinctive, and attractive urban character that respects the historical context that has been established and serves the city for the long term.

E. Present a recognizable, cohesive theme within the downtown with enhanced streetscapes, distinct landscaping, wayfinding features, and branding to define the identity of the downtown.

F. Encourage pedestrian activity by facilitating building design that places retail, restaurant, and entertainment uses on the ground floor.

10.42.020 Application.

A. This chapter shall apply to all land within the Downtown Overlay zone, as defined on the Zoning Map.

B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

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10.42.030 Permitted & Conditional Uses.

A. Permitted uses in the Downtown Overlay zone shall include all uses that are permitted in the base zoning district. The following uses are permitted in the Downtown Overlay zone, regardless of the base zoning:

1. A combination of permitted uses on one parcel or in shared buildings.

B. Conditional uses in the Downtown Overlay zone shall include all uses that are conditional in the base zoning district. The following uses are allowed with the approval of a conditional use permit in the Downtown Overlay zone, regardless of the base zoning:

1. Multi-family housing development with an overall density of at least eight but no more than 29 units per acre.

2. Mixed-use developments that include both commercial and residential uses on the same parcel.

3. Adjoining parcels with differing base zoning districts or a single parcel with existing split zoning may be developed as one project that includes permitted and conditional uses from both base zoning districts without regard to district boundaries.

10.42.040 Development standards.

The following development standards shall apply to all land and structures within this district.

A. There shall be no required minimum site area.

B. There shall be no minimum frontage width or depth requirement.

C. There shall be no maximum lot coverage.

D. Setbacks. To the extent practical, new construction shall follow the prevailing building pattern where buildings are constructed at the front of the lot with parking situated to the rear or side, as follows:

1. Buildings shall be designed so that at least one-half of the parcel frontage shall abut a building wall.

2. There shall be no required side building setback, except that buildings located on corner lots shall be designed so that at least one-half of the side lot line abuts a building wall.

3. There shall be no required rear building setback.

4. There is no minimum distance between structures required, except that all building code requirements shall be met.

5. The maximum structure height shall be 60 feet.

10.42.050 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54. Parking lots shall be developed as identified below:

A. To the extent practical, parking lots shall be located as much as possible to the rear of buildings.

B. Parking lots located between the front property line and the primary entrance are prohibited.

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C. Parking lots constructed adjacent to any street right-of-way shall be set back a minimum of five feet from the property line. The parking lot shall be screened by a minimum four-foot-tall solid wall and landscaping.

10.42.060 Landscaping.

A. Landscaping shall be provided for each new use as prescribed in Chapter 10.52 Landscape Standards.

B. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.42.070 Screening, fences, and walls.

A. The fences in the Downtown Overlay zone shall conform to the design standards provided in Section 10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Maximum fence height shall be seven feet, except for walls constructed in pedestrian plazas.

2. Materials and colors used for fences and walls shall be complementary to the materials and colors used in buildings located on the site.

3. Walls: walls up to 30 inches tall (which can be used for sitting) may be located on the property line for restaurants or other uses utilizing the plaza for retailing or other similar outdoor uses.

D. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.42.080 Signs.

Signs placed in the Downtown Overlay zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.42.090 Design standards.

A. Storefront construction. Ground-floor storefronts should have a minimum of 60 percent transparent space (windows).

B. Side walls. Blank, solid end walls, or side walls visible from public view are discouraged. If the walls are necessary (based on interior design), the structure wall shall receive some form of articulation or “add-on” elements such as awnings, cornice bands, murals, etc.

C. Facade. The facade appearance of adjacent structures shall be considered in the design of new buildings to avoid clashes in architectural style and materials.

D. Roofline. The roofline of buildings shall be considered an important element in the overall building design. Decorative embellishments at the roofline such as cornices, or changes in height, material, color, or shape are encouraged.

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E. Canopies and awnings.

1. Canopies and awnings shall respect the character and style of the structure on which they are located, particularly in the material, color, and size.

2. Canopies shall be sized so that they do not obscure significant architectural features or cover transom windows above the canopy.

3. The minimum clearance of a canopy or awning (including any attached hanging signs) shall be eight feet from the lowest point to the sidewalk.

F. Doors and windows.

1. The design and location of doors and windows shall consider the architectural character of the surrounding area. The use of simple wood and glass doors and windows is encouraged.

Where aluminum is used, a dark anodized or baked enamel finish shall be used.

2. Clear glass should be used on ground floor windows to promote window shopping, visual displays, and pedestrian activity. Tinted glass allowing a minimum 50 percent light transmission will be considered only for use in second-floor windows and above on an individual case basis. The use of reflective glass is prohibited.

3. Storefront windows should be as large as possible while maintaining height standards for bulkheads. Maximum bulkhead height for new construction shall be 42 inches, and minimum bulkhead height shall be 24 inches. Bulkheads should be accented with decorative tile, finished stone, or other distinctive material.

4. Replacement windows must always fill the entire opening and duplicate original patterns.

5. Window patterns in new buildings shall respect existing window patterns where a distinctive rhythm has been established.

G. Plaza provisions. Plazas shall be developed as identified below:

1. A plaza shall have a minimum size of 10 feet deep and the width of the entire storefront, or an area incorporating at least 650 square feet.

2. A minimum of 80 percent of the area shall be paved in a decorative paver or textured, colored concrete. Asphalt paving is prohibited as a plaza paving material.

H. Lighting.

1. All exterior lighting fixtures shall be designed as part of the overall architectural theme.

Fixtures, standards, and all exposed accessories shall be harmonious with the building design, the lighting design of adjacent public spaces, and the overall visual environment of the downtown.

2. Night lighting of buildings shall be selective and focused; exterior lighting of entire building faces is generally not desirable. Lighting should highlight entrances, dramatize special architectural features, keynote repeated features, and use the play of light and shadow to articulate the facade.

3. Entrances of buildings and parking areas shall be well-illuminated to enhance safety, identification, and convenience.

4. Recessed building entryways should be illuminated by downlights.

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Chapter 10.44

AIRPORT OVERLAY ZONE
Sections:

10.44.010 Purpose and application.

10.44.020 Definitions.

10.44.030 Permitted Uses.

10.44.040 Overlay zone formation.

10.44.050 Airport Overlay zones.

10.44.060 Airport Zoning Map.

10.44.070 Use restrictions.

10.44.080 Administration and enforcement.

10.44.090 Variances.

10.44.010 Purpose and application.

A. This chapter shall apply to all land within the Airport Overlay (AP) zone, as defined on the Zoning Map. The purpose of this chapter is to protect the public health, safety, and welfare in the vicinity of the airport by minimizing exposure to potential airplane crashes and significant noise levels. Further, to identify those uses that are compatible in the Airport Overlay zone and to establish development standards to which development will conform. This chapter is adopted pursuant to the Airport Approaches Zoning Law of the State of California (commencing at Cal. Gov’t Code § 50485) and the Planning and Zoning Law of the State of California (commencing at Cal. Gov’t Code § 65000).

B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

C. If there is a conflict between this chapter and any other regulations contained in this title that are applicable to the same area or parcel of land, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

10.44.020 Definitions.
“Airport” means any area of land designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as a part of the Zoning Map of the City of Tulare. “Airport elevation” means the elevation of the highest point on the usable or designed runway as established by the City Engineer.
“Airport hazard” means any structure, tree, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

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“Airport reference point” means the point established at the approximate geographic center of the airport landing area and so designated.
“Height” means used for the purpose of determining height limits in all zones set forth in this chapter, the vertical elevation in feet above the established airport elevation unless otherwise stated.
“Heliport primary surface” means the area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation. “Landing area” means the area of an airport used, or to be used, for the landing, taking off, or taxiing of aircraft.
“Non-conforming use” means any structure, tree, or use of land that does not conform to the provisions of this chapter at the time this chapter is made applicable to a particular airport. “Person” means any individual, firm, co-partnership, corporation, company association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.
“Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 250 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway centerline. “Runway” means the paved surface of an airport landing area designated for the landing or taking off of an aircraft.
“STOL primary surface” means any imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. “Structure” means any object constructed, installed, or placed on real property by humans including, but not limited to buildings, towers, smokestacks, and overhead lines. “Utility runway” means a runway that is constructed for and intended to be used by propellerdriven aircraft of 12,500 lbs. maximum gross weight and less. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approval airport layout plan, a military service’s approved military airport layout plan or by any planning document submitted to the FAA by a competent authority.

10.44.030 Permitted Uses.

A. Permitted uses in the Airport Overlay zone shall include all uses that are permitted in the base zoning district.

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B. Conditional uses in the Airport Overlay zone shall include all uses that are conditional in the base zoning district.

10.44.040 Overlay zone formation.

A. The Airport Overlay zone may be combined with any other zone district contained on the Official Zoning Map. Zone districts that are combined with the Airport District shall be designated on the Official Zoning Map with the base zone district followed by the Airport Overlay zone notation (AP). For example, land that is zoned Public Lands and is in the Airport Overlay zone will have the notation PL-(AP).

B. The Airport Zoning Map, which is a part of the Official Zoning Map, will delineate the different zones that are associated with the Airport Overlay zone. The classification of property to the Airport Overlay zone shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments, with the Airport Overlay zone. Any zone district contained in this title may be combined with the Airport Overlay zone.

10.44.050 Airport Overlay zones.

A. In order to carry the provisions of this chapter, are hereby created and established certain airport zones that include all of the land lying within the Airport Overlay zone including, approach zones, transitional zones, horizontal zones, and conical zones. An area located in more than one of the following zones is considered to be only the zone with a more restrictive height limitation.

B. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the applicable height limits herein established for the zone. The applicable height limitations are hereby established for each zone in question as follows:

1. Utility Runway Visual Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

2. Heliport Visual Flight Rules (VFR) Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

3. Transitional zones (LT). These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping upward

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and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

4. Heliport VFR Transitional zones. These zones extend from the sides of the primary surface and the approach zones a horizontal distance of 250 feet from the primary surface centerline and the extended primary surface centerline and slope upward and outward two feet horizontally for each foot vertically. The slope begins at the sides of and at the same elevation as the primary surface and the approach surfaces and extends a distance of 250 feet measured horizontally from 90-degree angles to the primary surface centerline and extended centerline.

5. Horizontal zone (H). The horizontal zone is hereby established by swinging arcs of radii specified on the Airport Zoning Map from the centerline of each end of the primary surface of each runway and connecting to the adjacent arcs by drawing lines tangent to those arcs.

The horizontal zone extends at an elevation of 150 feet above the airport elevation, however, it does not include the approach and transitional zones. The radius of each arc is 5,000 feet for all runways designated as utility or visual.

6. Conical zone (C). The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone slopes upward and outward 25 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. The conical zone does not include the precision instrument approach zones and the transitional zones.

7. Primary Surface zone (L). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is 250 feet for utility runways having only visual approaches.

8. Approach Surface zone (AA). An approach surface is applied to each end of each runway based on the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 1,250 feet for that end of a utility runway with only visual approaches. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 25 feet to one for all utility and visual runways.

10.44.060 Airport Zoning Map.

The several zones established by this chapter shall be shown and delineated on the Airport Zoning Map of the City of Tulare. This map, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included within the provisions of this chapter. Additional parts of the Airport Zoning Map may be adopted from time to time by ordinance. Each part of the Airport Zoning Map shall be described by a descriptive title sufficient to identify the subject and the location and shall contain a map and diagrams including a plot plan of the subject airport showing the location, direction, and dimensions of all runways, the locations

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and dimensions of all zones described in this chapter and the specific values applied to said zones in accordance with the formulas established for the regulation of heights described in this chapter.

10.44.070 Use restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

10.44.080 Administration and enforcement.

A. The Planning Commission is hereby designated as the agency for the administration and enforcement of this chapter.

B. The City’s Building Inspector shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by this chapter if the construction, reconstruction, or structural alteration would result in violation of the restrictions imposed on the zones by this chapter. Any building permit issued in violation of the provisions of this division shall be null and void.

C. The Planning Commission shall not take any actions regarding the administration of this chapter without the prior review and recommendation by the City of Tulare Aviation Commission.

10.44.090 Variances.

A. If practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of this chapter, then the Planning Commission shall have the authority to process a variance consistent with Chapter 10.84, Variances.

B. Any variance granted pursuant to Chapter 10.84, Variances, may be allowed subject to any reasonable conditions that the Planning Commission may deem necessary to effectuate the purpose of this chapter and reasonable under the circumstances. Any such variance may be so conditioned as to require the owner of the structure or tree to permit the appropriate airport management at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Any variance that is granted, subject to any conditions, shall be deemed to be automatically revoked if any of the conditions are violated.

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Chapter 10.46

MIXED-USE OVERLAY ZONE
Sections:

10.46.010 Purpose.

10.46.020 Application.

10.46.030 Definitions.

10.46.040 Mixed-Use Development Plan.

10.46.050 Required findings.

10.46.060 Permitted & Conditional Uses.

10.46.070 Development standards.

10.46.080 Design standards.

10.46.090 Architectural standards.

10.46.100 Maintenance of common areas.

10.46.110 Variances.

10.46.010 Purpose.

The purpose of the Mixed-Use Overlay (MU) zone is to provide a tool to encourage and facilitate the development of certain areas by allowing a variety of commercial and residential uses that can be developed in a compatible manner within the same building or site. The objectives of the MU Overlay zone are:

A. Provide for a set of regulations to allow for the integration of commercial, office, and residential use in close proximity to one another.

B. Provide for a set of standards that clearly show the relationship of commercial, office, and residential within one developed site or building.

C. Ensure that the mix of uses will be integrated successfully into a desirable, cohesive district.

D. Encourage medium to high-density residential development to occur in areas in close proximity to the downtown area or the redevelopment of aging outlying commercial areas.

E. Establish sites of sufficient size to allow flexibility in achieving the standards of this chapter.

10.46.020 Application.

A. The MU Overlay zone may be combined with any R-H, C-2, C-3, or C-4 zone.

B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

C. Any parcel included in the City’s Housing Element Sites Inventory must be developed with the number of units identified within the Housing Element.

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10.46.030 Definitions
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Mixed-use development” means a single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. “Special use permit” means a permit issued to establish conditions of approval for an otherwise permitted or conditional use within a Mixed-Use Overlay zone.

10.46.040 Mixed-Use Development Plan.

A. Applications for incorporation into the Mixed-Use Overlay zone shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments.

B. Zone districts that are combined with the Mixed-Use Overlay zone shall be designated on the Official Zoning Map with the base zone district followed by the Mixed-Use Overlay zone notation (MU).

10.46.050 Required findings.

A mixed-use development may be approved upon making the following findings:

A. That the site for the proposed development is adequate in size and shape to accommodate the uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscape, and other features required.

B. That the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

10.46.060 Permitted & Conditional Uses.

A. Permitted uses:

1. Townhouses.

2. Apartments.

3. Condominiums.

4. Bed and breakfast.

5. Mixed-use building or development.

6. Open space or plazas.

7. Public parks.

8. All permitted uses in the C-2 and C-3 Zone districts.

B. Conditional uses:

1. All conditional uses in the C-2 and C-3 Zone district.

2. Sale of alcohol, on-sale or off-sale
C. Uses not permitted:

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1. Automobile repair.

2. Auto, boat and RV Sales.

3. Sale of gasoline.

4. Single-family detached housing.

10.46.070 Development standards.

A. Development standards shall be as follows:

1. Minimum site area: none.

2. Minimum lot width: 18 feet.

3. Minimum lot depth: none.

4. Minimum residential density:
a. If housing is a part of a mixed-use development, dwellings are permitted on and above the second floor of commercial uses with no minimum density. b. Freestanding residential building density of 12 dwelling units per residential acre. c. Notwithstanding a) an b), any parcel proposed for mixed use development which is zoned RH-20 shall develop no less than 22 units per acre.

5. Maximum residential density: 29 dwelling units per net residential acre, either in freestanding residential buildings or in mixed-use buildings on and above the second floor.

6. Minimum front building setback: none for mixed-use, commercial uses, or other. No less than five feet for residential uses.

7. Maximum front building setback: 10 feet.

8. Minimum street side and rear building setback: five feet, except where common walls for attached residential or commercial development are proposed, or existing buildings that are already constructed to the property line.

9. Interior side building setback: a minimum of four feet on each side to provide a minimum of eight feet of separation between buildings. Zero lot lines can be approved with an eightfoot separation. An additional two feet of setback shall be provided for each additional story of building height.

10. Building height: the maximum is five stories.

11. Building height transition: development in the Mixed-Use Overlay zone shall provide for a building height transition when adjacent to an existing single-family residential zone district to provide compatible scale and privacy between developments. Buildings in the Mixed-Use Overlay zone, taller than 22 feet exclusive of any parapet walls, shall provide one foot of separation from the single-family zoned district for each foot of the building height.

10.46.080 Design standards.

A. The following design standards shall apply:

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1. All ground-floor tenant spaces with at least 25 feet of frontage facing a public, or private streets shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot, or loading area to gain access to the entrance from the street, but the entrance may include architectural features such as arcades, anti-chambers, porticos, and the like without being in violation of this provision. If a building has frontage on more than one street, the building shall provide a main building entrance oriented to one of the streets or a single entrance to the corner where the two streets intersect. Where one single tenant has 200 feet or more of frontage on public or private streets, one additional entrance shall be provided for each 200 feet of frontage on one of the public or private streets. Freestanding banking institutions and restaurants located in the Mixed-Use Overlay zone are exempt from the provisions contained in this division and may locate the primary building entrance on any facade of the structure. A clear internal site pedestrian sidewalk or pathway shall be provided to the building entrance from all public or private street sidewalks. A building may have more building entrances than required by this section oriented to a public or private street and may have secondary entrances facing off-street parking areas and loading areas.

2. Residential dwellings fronting on a public or private street shall have a main entrance to the dwelling opening onto the front of the dwelling at the ground floor lever. Such an entrance shall open directly to the outside and shall not require passage through a garage to gain access to the doorway. The doorway may be above the final grade where a porch, stoop, portico, anti-chamber, wheelchair ramp, or similar architectural feature is included in the design. Ground floor single-family attached housing or townhouse, condominium residential units fronting on a public or private street shall have separate entries directly from the major pedestrian route.

3. Ground floor and upper story residential units in a multi-family building fronting on a public or private street may share one or more entries accessible directly from the street.

4. Residential building facades over 150 feet in length facing a street shall provide two or more main building entrances.

5. Entryways into mixed-use buildings containing residential units shall be clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

6. Bicycle parking spaces shall be sited so as not to occupy space within, reduce the size of, or impede the use of required sidewalks, pedestrian ways, curbside landscape strips, landscape buffers, or unable open spaces. All bicycle parking must be easily accessible and shall be equipped or located so as to allow the bicycle to be conveniently and securely locked to a parking device or within a secured bicycle parking area. Covered bicycle parking shall be provided. Covered bicycle parking may be provided within a parking structure, garage, under a separate roof within a bicycle locker, or in a designated area within a building or residential complex. A covered bicycle structure may occupy two of the required on-site parking spaces.

7. Surface parking areas shall provide perimeter parking lot landscaping adjacent to a street that meets one of the following standards: a five-foot wide planting strip between the rightof-way and the parking area shall be provided for streets designated collector or local. A

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10-foot-wide planting strip between the right-of-way and parking area shall be provided for streets designated arterial.

10.46.090 Architectural standards.

A. The following design standards shall apply:

1. Mixed-use buildings with ground-level commercial or office use shall conform to the design standards in Section 10.46.080.

2. All development shall provide ground floor windows on the building facade facing and adjacent to a public street, or facing onto a park, plaza, or other public outdoor space.

Required windows shall provide a lower sill no more than three feet above grade; except where interior floor levels prohibit such placement, the sill may be located not less than two feet above the finished floor level to a maximum sill height of five feet above exterior grade.

3. Darkly tinted windows and mirrored windows that block two-way visibility are prohibited as ground-floor windows required under this provision except where the closest face of the building to the nearest edge of the sidewalk within a public right-of-way or private street parallel and adjacent to the building is greater than 50 feet.

4. Building frontages along streets shall break any flat, monolithic facade by including architectural elements such as bay windows, recessed entrances, or other articulation so as to provide pedestrian scale to the first floor.

5. Where ground floor windows are required by this section on public, institutional office, and commercial structures, exterior walls facing a public street, public open space, pedestrian walkway, and/or transit station shall have windows, display areas, or doorways for at least 50 percent of the length and 50 percent of the area of the ground level wall area, which is defined as the area to the finished ceiling height of the fronting space or 15 feet above finished grade, whichever is less.

B. Building step-back requirements.

1. Step-back requirements help assure a comfortable street environment by preventing fortress-like facades, providing light and air at the street level, and providing features of interest to pedestrians along streets in mixed-use districts. The following design standards shall apply:
a. Step-back requirements shall be achieved, at the option of the applicant, by one of two methods:
• Floors above the second floor shall be stepped back a minimum of five feet for the first story above two, and an additional five feet for floors above three. The maximum step-back under this method shall not exceed 15 feet. • A building shall be stepped back by an appropriate amount from the plane of the street so as to maintain an angle not greater than 60 degrees between the top of the building facade fronting onto the street and the back of the sidewalk of the opposite side of the same street.

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b. Upon petition of the applicant, the Planning Commission may waive the building stepback requirements of this section provided that the applicant clearly demonstrates the proposed project:
• Includes window treatments, entry placement, facade relief, and other architectural treatments to provide visual interest and pedestrian-sensitive design at the street level and to maintain a human scale in the streetscape. • Extends the same architectural features above the ground floor level through variations in design, detail, and proportion, and by avoiding designs featuring a monolithic street facade.

2. Where step-back requirements are not required, the above design standards shall be adhered to for multi-story buildings.

C. Architectural design requirements. The following design requirements shall apply:

1. Buildings shall promote and enhance a pedestrian scale and orientation on the facade facing the public street. Street side building facades and dwelling units within the Mixed-Use Overlay zone shall be varied and articulated to provide visual interest to pedestrians and avoid a flat appearance. In addition, development proposals shall make provisions and include designs consistent with the following:
a. All new commercial, public/institutional, mixed-use, and residential buildings constructed within the Mixed-Use Overlay zone shall demonstrate that it promotes and enhances a pedestrian scale and orientation on any facade facing a public or private street and it incorporates discernible and architecturally appropriate features; such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas or other treatments for visual interest, to create community character and to promote a sense of pedestrian scale. The design shall recognize that the simple relief provided by window cutouts or sills on an otherwise flat facade, in and of themselves, does not meet the requirements of this section. b. All residential dwellings, of any type, constructed within the Mixed-Use Overlay zone shall be constructed with exterior building materials and finishes of high quality to convey an impression of permanence durability. Materials such as, including masonry, stucco, stone, terra cotta, tile, cedar shakes and shingles, beveled or ship-lap or other narrow-course horizontal boards or siding, authentic vertical board and batten siding/articulated architectural concrete masonry units (CMU), and similar durable architectural materials are allowed. Materials such as and including, T-111 siding, plain or plain painted plywood and strandboard sheets, concrete or cinder block, smooth surface concrete panels, and similar quality and non-durable material are prohibited.

2. Commercial buildings and sites shall be organized to group the utilitarian functions away from the public view. Delivery and loading operations, HVAC equipment, trash compacting collection, and other utility and service functions shall be incorporated into the overall design of the building (s) and the landscaping. The visual and acoustic impacts of these functions, along with all wall-or ground-mounted mechanical, electrical, and communications equipment shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally with and not inferior to the principal materials of the buildings and primary landscaping. The visual and acoustic

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aspects of roof-mounted equipment behind parapets, within architectural screening, rooftop screening, and deadening the sound of such equipment.

10.46.100 Maintenance of common areas.

Property owner association, a landscape and lighting district, or other similar mechanism for the maintenance of common open space, private streets, or other improvements shall be set up as a condition of approval.

10.46.110 Variances.

A. A variance may be granted to any development regulation or design standard contained in this chapter provided the Planning Commission finds that by granting the variance:

1. The adjustment will equally or better meet the purposes of the Mixed-Use Overlay zone and of the regulation to be modified.

2. The variance or cumulative variance adjustments result in a project that is still consistent with the overall purpose and intent of the district.

B. The Planning Commission may approve a variance from the architectural standards if the project meets the following criteria.

1. Multiple main building entrances are required to be oriented to the street. Variances may be granted to allow a single secured entrance to an establishment upon a finding that the internal security measures, which are standard operating procedures of the applicant would be irreparably harmed by this requirement; except in no case shall there be less than one main entrance oriented to a public or private street unless otherwise authorized by an exception contained in this section.

2. Ground floor windows. A variance to the percentage of window area required for ground floor windows in building facades where required by this section may be allowed upon findings that:
a. Such windows would unavoidably compromise necessary personal privacy or security within the building (for example, privacy in a clinic examination room, security in a pharmacy storeroom, or security and privacy in a research and development laboratory).
b. Due to the design of the structure or other demonstrable restrictions or constraints, the required personal privacy or security cannot otherwise be provided. c. The loss of the window area cannot be recaptured elsewhere on the facade.

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Chapter 10.48

FLOODPLAIN MANAGEMENT
Sections:

10.48.010 Statutory authorization; findings of fact; statement of purpose.

10.48.020 Methods of reducing losses.

10.48.030 Definitions.

10.48.040 General provisions.

10.48.050 Administration.

10.48.060 Provisions for flood hazard reduction.

10.48.070 Variance procedures.

10.48.010 Statutory authorization; findings of fact; statement of purpose.

A. Statutory authorization. The Legislature of the State of California has in Cal. Gov’t Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City Council of the City of Tulare does hereby adopt the following floodplain management regulations.

B. Findings of fact.

1. The flood hazard areas of the City of Tulare are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2. These flood losses are caused by uses that are inadequately elevated, flood-proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contributes to the flood loss.

C. It is the purpose of this chapter to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health.

2. Minimize expenditure of public money for costly flood control projects.

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

4. Minimize prolonged business interruptions.

5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard.

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6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

7. Ensure that potential buyers are notified that the property is in an area of special flood hazard.

8. Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

10.48.020 Methods of reducing losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

A. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or flood heights or velocities.

B. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction.

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

D. Control filling, grading, dredging, and other development which may increase flood damage.

E. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas.

10.68.030 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.
“Accessory structure” means a structure that is either:

1. Solely for the parking of no more than two cars.

2. A small, low-cost shed for limited storage, less than 150 square feet, and $1,500 in value. “Accessory use” means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, highvelocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. “Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. “Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.
“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

The flooding is characterized by ponding or sheet flow.

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“Area of special flood hazard” See “Special flood hazard area.” “Base flood” means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the 100-year flood). “Base flood” is the term used throughout this chapter. “Base Flood Elevation (BFE)” is the elevation shown on the Flood Insurance Rate Map for zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. “Basement” means any area of the building having its floor subgrade i.e., below ground level on all sides.
“Building” See “Structure.”
“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community (July 5, 1983). “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood,” “Flooding,” or “Flood water”:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows).

2. The condition resulting from flood-related erosion.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
“Flood Hazard Boundary Map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

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“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. “Floodplain” or “Flood-prone area” means an area susceptible to being inundated by water from any source. See “Flooding.”
“Floodplain administrator” means the individual appointed to administer and enforce the floodplain management regulations.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. “Floodplain management regulations” means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of police power that control development in flood-prone areas. This term describes federal, State, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improve real property, water, and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot. Also referred to as “Regulatory floodway.” “Floodway fringe” means the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.
“Fraud” and “Victimization,” as related to Section 10.48.070 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Tulare City Council will consider the fact that every newly constructed building adds to government responsibilities and remains part of the community for 50 to 100 years.

Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Governing body” means the local governing unit, i.e., the City of Tulare, that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

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“Hardship,” as related to Section 10.48.070 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. “Highest Adjacent Grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. “Historic structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

3. Individually listed on a State inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior.

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
“Levee” means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
“Levee system” means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including the basement (see Basement definition.)

1. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The wet floodproofing standard in Section 10.48.060(A)(3)(c). b. The anchoring standards in Section 10.48.060(A)(1).
c. The construction materials and methods standards in Section 10.48.060(A)(2). d. The standards for utilities in Section 10.48.060(B).

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2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “basement” definition). This prohibition includes below-grade garages and storage areas.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” is determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation that has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if the factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
“Mean sea level” for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
“Mudslide” means a condition where there is a river, flow, or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. “Mudslide (i.e., mudflow) prone area” means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow. “New construction” for floodplain management purposes means structures for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by this community (July 5, 1983) and includes any subsequent improvements to the structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community (July 5, 1983). “Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

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“One-hundred-year flood” or “100-year flood” See “Base flood.” “Public safety and nuisance” as related to Section 10.48.070 of this chapter means that the granting of a variance must not result in anything that is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational vehicle” means a vehicle which is:

1. Built on a single chassis.

2. Four hundred square feet or less when measured at the largest horizontal projection.

3. Designed to be self-propelled or permanently towable by a light-duty truck.

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing State or federal financial exposure with regard to the structure or other development. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Sheet flow area” See “area of shallow flooding.”
“Special Flood Hazard Area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99 or AH.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The “ACTUAL start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

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“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” “Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. “Violation” means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. The watercourse includes specifically designated areas in which substantial flood damage may occur.

10.48.040 General provisions.

A. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Tulare.

B. The basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated January 5, 1983, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated July 5, 1983, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas that allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs, and FBFMs are on file at 411 East Kern Avenue, Community Development Department.

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C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

D. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E. Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1. Considered as minimum requirements.

2. Liberally construed in favor of the City Council.

3. Deemed neither to limit nor repeal any other powers granted under State statutes.

F. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

G. Severability. This chapter and the various parts thereof are hereby declared to be severable.

Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

10.48.050 Administration.

A. Establishment of development permit. A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 10.48.040(B). Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required.

1. Site plan, including, but not limited to:
a. For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site.
b. Proposed locations of water supply, sanitary sewer, and utilities.

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c. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map.
d. If applicable, the location of the regulatory floodway.

2. Foundation design detail, including, but not limited to:
a. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
b. For a crawlspace foundation, location and total net area of foundation openings as required in Section 10.48.060(A)(3)(c) hereof and FEMA Technical Bulletins 1-93 and 7-93.
c. For foundations placed on fill, the location and height of fill and compaction requirements (compacted to 95 percent using the Standard Proctor Test method).

3. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, as required in Section 10.48.060(A)(3)(b) hereof and FEMA Technical Bulletin TB 3-93.

4. All appropriate certifications are listed in Section 10.48.050(C)(4) hereof.

5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

B. Designation of the Floodplain Administrator. The Community Development Director is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions.

C. Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to, the following:

1. Permit review. Review all development permits to determine that:
a. The permit requirements for this chapter have been satisfied. b. All other required State and federal permits have been obtained. c. The site is reasonably safe from flooding.
d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this chapter, adversely affects means that the cumulative effect of the proposed development, when combined with all other existing and anticipated developments, will increase the water surface elevation of the base flood by more than one foot at any point.

2. Review, use, and development of other base flood data. a. When base flood elevation data has not been provided in accordance with Section

10.48.040(B), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or State agency or other source in order to administer Section 10.48.060. Any such information shall be submitted to the City Council for adoption.

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b. If no base flood elevation data is available from a federal or State agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations dated July 1995 in order to administer Section 10.48.060.
c. Simplified method.
• One-hundred-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication or the discharge drainage area method.
• Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA.
d. Detailed method.
• One-hundred-year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers’ HEC-HMS computer program.
• Base flood elevation shall be obtained using the U.S. Army Corps of Engineers’ HEC-RAS computer program.

3. Notification of other agencies. Alteration or relocation of a watercourse. a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation.
b. Submit evidence of such notification to the Federal Insurance Administration and Federal Emergency Management Agency.
c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

4. Base flood elevation changes due to physical alterations. a. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit application submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
c. Such submissions are necessary so that upon confirmation of the physical changes affecting flood conditions, risk premium rates and floodplain management requirements are based on current data.

5. Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

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6. Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Sections 10.48.060(A)(3)(a) and 10.48.060(D) (lowest floor elevations).
b. Certification required by Section 10.48.060(A)(3)(b) (elevation or floodproofing of non-residential structures).
c. Certification required by Section 10.48.060(A)(3)(c) (wet floodproofing standard). d. Certification of elevation required by Section 10.48.060(C)(2) (subdivision standards). e. Certification required by Section 10.48.060(F)(1) (floodway encroachments).

7. Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided herein.

8. Remedial action. Take action to remedy violations of this chapter as specified in Section

10.48.040(C).

D. Appeals. The City Council of Tulare shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

10.48.060 Provisions for flood hazard reduction.

A. Standards of construction. In all areas of special flood hazards, the following standards are required:

1. Anchoring:
a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured homes shall meet the anchoring standards of Section 10.48.060(D).

2. Construction materials and methods. All new construction and substantial improvement shall be constructed:
a. With flood-resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage.
b. Using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding. d. Within zones AH or AO, there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

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3. Elevation and floodproofing. (See Section 10.48.030, definitions for “basement,” “lowest floor,” “new construction,” “substantial damage,” and “substantial improvement.”) a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement:
• In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO zones without velocity, the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet or elevated at least four feet above the highest adjacent grade if no depth number is specified.) • In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 10.48.050(C)(2). (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.)
• In AE, AH, and A1-30 zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)
Upon the completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. b. Non-residential construction, new or substantial improvement, shall either be elevated to conform with Section 10.48.060(A)(3)(a) or together with attendant utility and sanitary facilities:
• Be floodproofed below the elevation recommended under Section

10.48.060(A)(3)(a) so that the structure is watertight with walls substantially impermeable to the passage of water.
• Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
• Be certified by a registered professional engineer or architect that the standards of this division are satisfied. The certification shall be provided to the Floodplain Administrator.
c. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking vehicles, building access, or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:
• Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped

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with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
• Be certified by a registered professional engineer or architect. d. Manufactured homes shall also meet the standards in Section 10.48.060(D).

B. Standards for utilities.

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems.
b. Discharge from the systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C. Standards for subdivisions and other proposed development.

1. All preliminary subdivision proposals or other developments greater than 50 lots or five acres, whichever is less, shall:
a. Identify the special flood hazard areas (SFHA) and base flood elevation (BFE). b. Identify the elevations of the lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
• Lowest floor elevation.
• Pad elevation.
• Lowest adjacent grade.

2. All subdivision proposals shall be consistent with the need to minimize flood damage.

3. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

4. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

D. Standards for manufactured homes.

1. All manufactured homes that are placed or substantially improved, within zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, on sites located:
a. Outside of a manufactured home park or subdivision.
b. In a new manufactured home park or subdivision.
c. In an expansion to an existing manufactured home park or subdivision. d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood, it shall be elevated on a permanent foundation such that the lowest floor of the manufactured

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home is elevated to or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section

10.48.060(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation). b. Manufactured home chassis are supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.
c. Upon the completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered professional engineer or surveyor and verified by the community building inspector to be properly elevated. The certification and verification shall be provided to the Floodplain Administrator.

E. Standards for recreational vehicles. All recreational vehicles placed on sites within zones A1- 30, AH, and AE on the community’s Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use - a recreational vehicle is ready for highway use if it is on its wheels or jacking system, and is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

2. Meet the permit requirements of Section 10.48.050 and the elevation and anchoring requirements for manufactured homes in Section 10.48.060(D)(1).

F. Floodways. Located within areas of special flood hazard established in Section 10.48.040(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development, unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

2. If Section 10.48.060(F)(1) is satisfied, all new construction, substantial improvement, and other proposed new developments shall comply with all other applicable flood hazard reduction provisions of Section 10.48.060.

10.48.070 Variance procedures.

A. Nature of variances.

1. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance

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may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

2. It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances in flood elevation or other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B. Appeal Board.

1. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of others. b. Danger of life and property due to flooding or erosion damage. c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property. d. Importance of the services provided by the proposed facility to the community. e. Necessity to the facility of a waterfront location, where applicable. f. Availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
g. Compatibility of the proposed use with existing and anticipated development. h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
i. Safety of access to the property in time of flood for ordinary and emergency vehicles. j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

2. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage.

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b. The construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Tulare County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

3. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

C. Conditions for variances.

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 10.48.070(C)(4) and 10.48.070(C)(5) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Section 10.48.030 hereof) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. Minimum necessary means to afford relief with a minimum deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

5. Variances shall only be issued upon a:
a. Showing of good and sufficient cause.
b. Determination that failure to grant the variance would result in exceptional “hardship” (as defined in Section 10.48.030 hereof) to the applicant. c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 10.48.030), cause fraud or victimization (as defined in Section

10.48.030) of the public, or conflict with existing local laws or ordinances.

6. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 10.48.060(C)(1) through 10.48.070(C)(5) are satisfied and that the structure or other development is protected by methods that minimize

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flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

7. Upon consideration of the factors of Section 10.48.070(B)(1) and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

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Chapter 10.50

DEVELOPMENT STANDARDS
Sections:

10.50.010 Purpose.

10.50.020 Applicability.

10.50.030 Standards that apply in all zones.

10.50.040 Fences, walls, and hedges in all zones.

10.50.050 Outdoor lighting standards.

10.50.060 Exceptions in building setback area limitations.

10.50.070 Exceptions to height limitations.

10.50.080 Property maintenance.

10.50.090 Standards that apply in all Commercial zones.

10.50.100 Standards that apply in all Industrial zones.

10.50.010 Purpose.

The purpose of this chapter is to establish development standards to preserve, protect, and promote the public health, safety, and general welfare of the city, and to minimize environmental impacts and land use conflicts.

10.50.020 Applicability.

This chapter shall apply to uses within all zone districts unless specifically stated otherwise.

10.50.030 Standards that apply in all zones.

A. Air pollution. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District or the requirements of any air quality plan adopted by the City of Tulare.

B. Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.

C. Discharge of materials. No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, State or local government agency.

D. Ground vibration. No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.

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E. Odorous gases and matter. No use shall be permitted that emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

F. Property Development. New development shall be required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters, sidewalks, street paving, and street lighting. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be installed prior to occupancy of any structures on the site.

G. Rooftop equipment. All mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.

H. Trash collection areas. Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-family residential, mixed-use, commercial, office, public facility and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the City Engineer and shall provide direct stab access as determined by the City’s Solid Waste Manager.

I. Through lots. A front building setback area shall be provided on each frontage of a through lot, except where access to one of the frontages has been waived or is otherwise prohibited.

J. Waste materials. Waste materials that are associated with any use that causes fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers.

10.50.040 Fences, walls, and hedges in all zones.

A. No fence or wall shall be placed within the public right-of-way.

B. A masonry fence exceeding three feet in height shall require engineered footings and a building permit. All other fencing exceeding seven feet in height shall require engineered post footings and a building permit.

C. Corner Cutoff Areas. The following regulations shall apply at all intersections of streets, alleys, or private driveways in all zoning districts in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutoff areas established herein.

1. There shall be a corner cutoff area at all intersecting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees, with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 45 feet from the intersection of such lines or their projections at the corner of a street or highway.

2. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point at a distance determined by the AASHTO 7th Edition Highway and Street Design (Green

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Book), but in no case not less than ten feet, from the edges of the driveway where it intersects the street or alley right-of-way.

3. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, said corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line and through a point on the side property line from said intersection of the side and front (or rear) property lines at a distance determined by the AASHTO 7th Edition Highway and Street Design (Green Book).

D. Allowable fence materials. All fences constructed or installed within the City shall be limited to the materials specified for each zoning district.

E. All fences and walls shall be constructed of new or good used material, and all fences and walls shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed unless otherwise required, or repaired.

F. The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the State, or any agency thereof.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement or public right of way in any emergency.

H. Temporary fences. The use of temporary fences is allowed subject to the following requirements:

1. A temporary fence may be constructed of chain link or other such material approved by the Director and shall not be permanently affixed to the site.

2. A temporary fence shall be located on the site in such a manner as not to impede pedestrian or automobile traffic adjacent to the site unless approved by the Director or City Engineer.

3. A temporary fence placed to secure a construction, rehabilitation, or demolition project on the site shall be removed when the project is completed.

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4. A temporary fence placed for a reason other than to secure a construction, rehabilitation, or demolition project on the site shall be removed after 90 days unless a temporary use permit is issued in accordance with Chapter 10.76 which allows a longer period of time.

10.50.050 Outdoor lighting standards.

The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures:

A. All lights and light fixtures, except public streetlights and solar-powered lights of five watts or less per fixture, shall be located, aimed, or shielded so as to minimize light trespassing across property boundaries or skyward.

B. No lights or light fixtures shall flash, revolve, blink, or otherwise resemble a traffic control signal or operate in such a fashion as to create a hazard for passing traffic.

C. Building-mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.

D. Light fixtures under ceiling canopies shall be recessed, or the sides of the lens area shall be shielded to eliminate the emission of horizontal light.

10.50.060 Exceptions in building setback area limitations.

A. Architectural features, including without limitation, sills, chimneys, fireplaces, cornices, and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than 36 inches, and a porch may extend into a required front building setback area not more than six feet. Where an architectural feature extends more than 24 inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way.

B. Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; and planter boxes attached to a building may be extended into a required front building setback area by not more than three feet.

C. Fences, walls, hedges, garden structures, walks, driveways, and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.

D. When more than 60 percent of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for proposed new buildings in such block shall be the average of the actual front building setback of the main buildings on either side of the proposed new building.

10.50.070 Exceptions to height limitations.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, airconditioning equipment, or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles,

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chimneys, smokestacks, television and radio masts, or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

10.50.080 Property maintenance.

It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:

A. The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:

1. The California Building Standards Code, California Code of Regulations, Title 24, and any and all amendments, thereto, published by the California Building Standards Commission.

2. Any provision of the Tulare Municipal Code.

3. Any other law or regulation, such violations including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to the public health, safety, and general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Chief Building Official.

B. Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting any alley, street, or other public right-of-way.

C. The outside placement, parking, storage, or stockpiling of equipment, materials, vehicles, furnishings, or commodities, not associated with the normal use, maintenance, or repair of a residential dwelling or its accessory structures, including, but not limited to, farm equipment, porta-potties, picking ladders, agricultural produces, produce boxes and bins, trucks larger than one ton, scrap materials, inoperable vehicles, and appliances or furniture.

D. Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create an unsightly appearance, or create conditions which are detrimental to neighboring properties.

E. Broken windows or other structural defects in the real property or any structures or improvements that create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards.

F. Clotheslines visible from a public street.

G. Garbage cans and garbage receptacles stored in locations on a lot that are visible from the public street or neighboring properties except that, the Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Enforcement Officer makes such a determination, the Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties.

H. Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which creates an unsightly appearance.

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I. Failure to maintain required landscaping and trees and/or removal, destruction, or severe pruning of required landscaping or trees.

J. Installation of newspaper/magazine racks, overnight/postal drop boxes, or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the City and/or failure to properly maintain said items.

10.50.090 Standards that apply in all Commercial zones.

The following standards apply to all development occurring within the C districts and are intended to facilitate high-quality development that complements the character of Tulare.

A. Site design. Design and placement of new buildings must consider the existing built environment of the surrounding area, in particular existing setbacks, building size and massing, and color and materials. Toward this end, the following objectives shall be considered:

1. Structures shall be sited in a manner that complements adjacent structures. Where applicable, single and multi-structure sites shall be clustered to create plazas or pedestrian malls. Where clustering is not possible, a visual link between separate structures shall be established, by various means, including stamped concrete walkways, arcade systems, trellises, or other open structures.

2. Structures shall be sited to minimize conflicts between pedestrians and vehicle traffic.

Structures can be linked to adjoining street sidewalks with textured paving, landscaping, and trellises.

3. Outdoor spaces between buildings shall be used to provide important pedestrian amenities such as benches, trellises, fountains, artwork, etc.

4. Freestanding commercial structures shall be oriented with the main entry towards the street and should have the main facade parallel to the street, to the extent possible.

5. Loading facilities shall be located to the side or rear of commercial buildings and shall be screened from view to the extent possible.

B. Parking and circulation. Design considerations for parking and circulation shall include the location of ingress and egress points, pedestrian and vehicle conflicts, on-site circulation patterns, and service vehicle functions.

1. Safe pedestrian circulation systems shall be provided in the design of parking facilities.

Pedestrian linkages between buildings in commercial developments should be strongly emphasized.

2. Provide on-site vehicle circulation, which utilizes main entrances and avoids awkward turning movements.

3. Common driveways are encouraged to provide access to adjacent sites and improve on-site circulation.

4. Parking areas shall be generously landscaped to provide interior and perimeter treatments.

5. Parking lots shall be separated from buildings by raised sidewalks or curbing, in conjunction with landscaping where appropriate.

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6. Parking driveways (access points) shall be located as far as possible from street intersections to avoid traffic problems. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

7. Parking lots shall be screened from adjoining streets by the use of low earth berms, walls, landscaping, or a combination of these methods.

C. Landscaping.

1. Landscaping for commercial uses shall be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide a transition between neighboring properties, and provide screening for loading and equipment areas.

2. Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the building.

3. Trees shall be located throughout parking lots not simply at the ends of aisles.

4. Landscaping must be protected from vehicle encroachment by means of raised planting areas, walls, and curbs.

D. Walls and fences.

1. To the extent possible, walls shall be designed to blend with the overall architectural character of the site, including material, color, and texture. Where possible, landscaping should be used to soften the appearance of walls.

2. Walls shall not be blank, long surfaces, but rather should be articulated with intervening pillars, alternating heights, offsetting sections, and materials that provide variety, including material texturing (as with plaster treatments).

3. Screening fences shall be compatible with the overall site design. Chain link fencing with slats is acceptable for areas not visible from the street. Exterior storage shall be limited to portions of the site least visible to public view.

E. Building design.

1. Consideration should be given to the height and scale of buildings so that they are compatible with that of surrounding development. The height of new buildings shall transition from adjoining buildings to the maximum building height of the new structure.

2. Large buildings shall be designed to avoid the appearance of a box-like structure. Methods to achieve this objective include:
a. Vary the planes of the exterior walls. Walls should not run in one direction for more than 50 feet without an offset.
b. Vary the height of buildings so that they appear to be divided into distinct massing elements.
c. Articulate the different parts of a building’s exterior by use of color and material changes, trim accents, window placement, and other facade elements. d. Use of landscaping, including climbing vines, can work to reduce the bulky appearance of buildings.

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e. All building faces shall receive architectural treatment, not just the street face of the building. Walls and roof lines should have varied planes.

3. Rooflines should not run in a continuous plane for more than 50 feet without offsetting or jogging the roof plane.

4. All roof-mounted equipment shall be screened from public view by materials similar to those used in the overall structure. Mechanical equipment should be located below the highest vertical element of the building.

5. Where appropriate, the use of awnings is encouraged. Awning color and form should be consistent. Plexiglas, metal, and glossy vinyl awnings are discouraged, while canvas, fabric, and matte finish vinyl awnings are encouraged.

6. The following standards for building color should be observed:
a. Where possible, the number of colors appearing on exterior walls should be minimized.

Most structures should use no more than three colors.
b. Large areas of white should be avoided. The use of a subdued dominating color is encouraged, however a bright trim color may be appropriate. c. Colors used on new buildings should be complementary to colors used on surrounding existing development unless surrounding buildings use colors that strongly conflict with these standards.

F. Lighting.

1. Exterior lighting is required to provide illumination for the security and safety of on-site areas such as parking, loading, shipping and receiving, pathways, and other work areas.

2. The design of light fixtures should be architecturally compatible with on-site buildings.

3. All light fixtures must be shielded to confine the spread of light within the boundaries of the site, particularly where uses sensitive to exterior lighting are located in close proximity.

G. Driveways.

1. Driveways shall conform to city commercial driveway approach standards.

2. Entrance driveways to major activity centers shall be no closer than 200 feet from the adjacent intersection of a collector or arterial street, measured from the end of the curb return to the nearest edge of the driveway. Entrance driveways for service stations, small commercial properties, or neighborhood shopping centers shall be no closer than 50 feet from the adjacent intersection, measured from the end of the curb return to the nearest edge of the driveway.

3. Service driveways, or private alleys, provided at the rear of commercial buildings for delivery of goods shall have a minimum width of 25 feet. The City Engineer shall approve all service driveways or private alleys located within 50 feet of a street intersection (measured from the end of the curb return to the nearest edge of the driveway) or other commercial driveway.

4. All entrance driveways for major shopping centers that provide for left and right turning movements on arterial streets shall have a driveway throat of 100 feet.

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10.50.100 Standards that apply in all Industrial zones.

The following guidelines apply to all development occurring within the M districts and are intended to facilitate high-quality development that complements the character of Tulare.

A. Site design.

1. For industrial complexes that include multiple buildings (such as an industrial campus), the placement of structures that create opportunities for plazas, courts, or gardens is encouraged. Setback areas may be used to provide space for employee lunch/break areas.

2. Where industrial uses are adjacent to non-industrial uses, buffering techniques such as setbacks, screening, and landscaping shall be provided to reduce/eliminate any negative impacts of industrial operations.

B. Parking and circulation. Important design considerations for parking and circulation include the location of ingress and egress points, on-site pedestrian and vehicle traffic circulation patterns, and service functions. The purpose is to ensure efficient circulation, safety, and visual quality.

1. Site access and internal circulation should be designed in a manner that emphasizes safety and efficiency. Consideration should be given to the separation of employee/customer parking and commercial vehicle operations (trucking, delivery, etc.).

2. Parking facilities shall be designed so that vehicles can move from one area to another on the same site without entering the street.

3. Separate vehicle and pedestrian circulation systems should be considered in the design of parking facilities. Pedestrian linkages between buildings in multi-structure industrial developments should be strongly emphasized. To improve vehicle circulation, parking aisles should be aligned with vehicle circulation routes.

4. Common driveways are encouraged to provide access to adjacent sites and improve on-site circulation.

5. Parking driveways (access points) shall be located as far as possible from street intersections to avoid traffic problems. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

6. Parking lots shall be screened from adjoining streets by the use of low earth berms, walls, landscaping, or a combination of these methods.

7. Industrial sites shall be designed to accommodate all parking needs generated by the use.

The use of the public street for parking and staging of trucks is not permitted.

8. Parking lots shall be designed to accommodate solid waste pick-up service without excessive backing-up of service trucks.

C. Loading facilities.

1. Loading facilities shall be located out of sight of the public-of-way, to the extent possible.

Loading docks are most appropriately located at the rear of buildings, however when the rear of buildings is adjacent to noise-sensitive land uses, loading dock locations should be planned to minimize associated noise impacts on surrounding land uses .

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2. Highly visible loading facilities shall be screened from view particularly if it is not possible to locate them at the rear of the building.

3. For industrial sites within 500 feet of sensitive receptors, heavy-duty trucks shall have a separate entrance accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.

4. Truck entry, exit, and internal circulation shall be located away from sensitive receptors.

Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.

5. Loading facilities shall be located so that vehicles are not required to use public streets backing into loading docks.

D. Building design.

1. Avoid long, blank building facades, particularly on walls visible from the public right-ofway. Facades with varied setbacks are encouraged. If possible, wall planes should not run in one continuous direction for more than 50 feet without an offset.

2. All elevations to a building should be architecturally treated to avoid monotonous overall design.

3. Window and doors are key elements of a structure's form and should relate to the scale of the facade on which they appear. Windows and doors can help establish character by their rhythm, spacing, and variety. Recessed openings further work to provide depth and contrast on elevation planes.

4. Metal buildings should be architecturally designed, providing variety and visual interest to the streetscape.

5. All roof-mounted equipment shall be screened from public view by materials similar to those used in the overall structure. Mechanical equipment should be located below the highest vertical element of the building.

6. Design elements that are undesirable and should be avoided include:
a. Highly reflective surfaces.
b. Large blank, unarticulated wall surfaces.
c. Exposed, treated block walls.
d. Poorly designed mansard roofs on a portion of the roofline. e. Materials with high maintenance requirements, such as stained wood or shingles.

E. Lighting.

1. The design of light fixtures should be architecturally compatible with on-site buildings.

2. All light fixtures must be shielded to confine the spread of light within the boundaries of the site, particularly where uses sensitive to exterior lighting are located in close proximity.

F. Driveways.

1. Driveways shall conform to city industrial driveway approach standards.

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2. Driveways designed for heavy truck usage shall not exceed 60 feet in width without approval from the City Engineer.

3. Minimum separation between on-site driveways shall be 100 feet.

G. Monitored electrified security fences.

1. ‘Monitored electrified security fence’ means a perimeter alarm system with an assembly of battery-powered equipment, including, but not limited to, a monitored alarm device and an energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system's battery, and other integrated components.

2. The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting the deployment of law enforcement.

3. The design, construction, and use of monitored electrified security fences shall be allowed, subject to the following requirements:
a. IEC Standard 60335-2-76. Unless otherwise specified herein, Monitored Electrified Security Fences shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.
b. Power source. The energizer for monitored electrified security fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged by a solar panel.
c. Perimeter barrier. Monitored electrified security fences shall be installed behind a minimum five-foot-high, maximum seven-foot-high, non-electrified perimeter barrier.

On all new fencing, a minimum of six feet high shall apply. d. Emergency gate access. Before a monitored perimeter security fence is activated, a Knox device shall be approved by the Fire Department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored electrified security fence is operational.
e. Setback. The monitored electrified security fence shall be setback four inches to 12 inches from the non-electrified perimeter barrier.
f. Height. Monitored electrified security fences shall be a minimum of two feet above the non-electrified perimeter barrier, but in no event, more than 10 feet in height. g. Warning signs. Monitored electrified security fences shall be clearly identified with warning signs that read: ‘Warning-Electric Fence’ at intervals of not less than 30 feet.

4. It shall be unlawful for any person to install, maintain, or operate a monitored electrified security fence in violation of this chapter.

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Chapter 10.52

LANDSCAPE STANDARDS
Sections:

10.52.010 Purpose.

10.52.020 Objectives.

10.52.030 Definitions.

10.52.040 Applicability.

10.52.050 Designation of responsibilities.

10.52.060 Compliance with Landscape Documentation Package.

10.52.070 Penalties.

10.52.080 Elements of the Landscape Documentation Package.

10.52.090 Water Efficient Landscape Worksheet.

10.52.100 Soil Management Report.

10.52.110 Landscape design plan.

10.52.120 Irrigation design plan.

10.52.130 Grading design plan.

10.52.140 Certificate of Completion.

10.52.150 Development standards.

10.52.160 Irrigation scheduling.

10.52.170 Landscape and irrigation maintenance scheduling.

10.52.180 Irrigation audit, irrigation survey, and irrigation water use analysis.

10.52.190 Irrigation efficiency.

10.52.200 Recycled water and graywater systems.

10.52.210 Stormwater management and rainwater retention.

10.52.220 Public education.

10.52.230 Environmental review.

10.52.240 Provisions for existing landscapes.

10.52.250 Existing landscape areas.

10.52.260 Water waste prevention.

10.52.270 Effective precipitation.

10.52.280 Appendices.

10.52.290 Enforcement and penalties.

10.52.010 Purpose.

A. The State Legislature has found:

1. That the waters of the State are of limited supply and are subject to ever-increasing demands.

2. That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses.

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3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.

4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development.

5. That landscape design, installation, maintenance, and management can and should be water efficient.

6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable methods of use.

B. Consistent with these legislative findings, the purpose of this chapter is to:

1. Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water.

2. Establish a structure for planning, designing, installing, maintaining, and managing waterefficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires the cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible.

3. Establish provisions for water management practices and water waste prevention for existing landscapes.

4. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reducing water use to the lowest practical amount.

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies.

6. Encourage the use of economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure.

7. Encourage cooperation between the City of Tulare and other local agencies to implement and enforce this chapter.

C. Landscapes that are planned, designed, installed, managed, and maintained with the watershedbased approach can improve California’s environmental conditions, provide benefits, and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purposes of this chapter, conditions in the urban setting will be improved by:

1. Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat, and esthetic benefits.

2. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum-based fertilizers and pesticides, and planting climate-appropriate shade trees in urban areas.

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3. Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate-appropriate plants that need minimal supplemental water after establishment.

4. Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch, and efficient irrigation equipment to prevent erosion.

5. Protecting existing habitat and creating new habitat by choosing locally native plants, climate-adapted non-natives, and avoiding invasive plants. Utilizing integrated pest management with the least toxic methods as the first course of action.

10.52.020 Objectives.

The objective of this chapter is to establish landscaping regulations that achieve the following:

A. Conserve water through the selection of plants consistent with Tulare’s Mediterranean climate and the design of water-efficient landscapes.

B. Enhance the aesthetic appearance of the City by promoting development that is welllandscaped, properly irrigated, and effectively maintained. Further, encourage a landscaping scheme that facilitates the following design concepts, where possible:

1. Extensive use of vines on bare walls and fences.

2. Use of plantings to create shadows and patterns against walls.

3. Use of trees to create canopies and shade, especially in parking lots.

4. Use of flowering trees in informal groups to provide color and a focal point.

5. Use of informal massing or colorful plantings to create visual interest.

6. Use of berms, hedges, low walls, and landscaping to screen parking areas, trash enclosures, and utility areas from public rights-of-way.

7. Use of space between buildings and streets for landscaping with a hierarchy of plants, including trees, shrubs, and turf or groundcover.

8. Use of a colorful landscaped edge at the base of buildings to avoid pavement being located at the base of structures.

C. Reduce ambient temperatures along streets, in parking lots, and around buildings in an effort to conserve energy that is related to cooling.

D. Preserve the integrity of residential neighborhoods by using landscaping to screen incompatible uses, provide shade for pedestrian and vehicular traffic, and enhance the beauty of the residential setting.

E. Provide for both solar access for energy generation and for winter warming by properly placing trees in locations that encourage such purposes.

10.52.030 Definitions.

The terms used in this chapter have the meaning set forth below:
“Applied water” means the portion of water supplied by the irrigation system to the landscape.

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“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic Irrigation Controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. “Certificate of Completion” means the document required under Section 10.52.140. “Certified Irrigation Designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. “Certified Landscape Irrigation Auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or another program such as the U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. “Check valve” or “Anti-drain valve” means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Cal. Civil Code Section 1351. “Compost” means the safe and stable product of controlled biological decomposition of organic materials that is beneficial to plant growth.
“Conversion Factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.
“Distribution Uniformity” means the measure of the uniformity of irrigation water over a defined area.
“Drip Irrigation” means any non-spray low-volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. “Ecological Restoration Project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
“Effective precipitation” or “Usable rainfall” (Eppt) means the portion of total precipitation that becomes available for plant growth.
“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
“Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are

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established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.
“Estimated Total Water Use (ETWU)” means the total water used for the landscape as described in Section 10.52.090.

ET Adjustment Factor (ETAF)” means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for a new and existing (non-rehabilitated special landscape area shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. “Evaporation rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
“Flow rate” means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to the flow rate. Flow sensors must be connected to an automatic irrigation controller or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.
“Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
“Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. “Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs but does not include wastewater from kitchen sinks or dishwashers. (Cal. Health and Safety Code Section 17922.12) “Hardscapes” means any durable material (pervious and non-pervious). “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
“Invasive plant species” means Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive Species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes but is not

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limited to inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “WaterSense” labeled auditing program. “Irrigation Efficiency (IE)” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.75 for overhead spray devices and .81 for drip systems.
“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An Irrigation Survey includes but is not limited to inspection, system tests, and written recommendations to improve the performance of the irrigation system. “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
“Landscape Architect” means a person who holds a license to practice landscape architecture in the Cal. Business and Professions Code Section 5615.
“Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The Landscape Area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). “Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. “Landscape documentation package” means the documents required under Section 10.52.060. “Landscape project” means the total area of landscape in a project as defined in “landscape area” for the purposes of this chapter, meeting requirements under Section 10.52.090. “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
“Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
“Local Agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The Local Agency is also responsible for the enforcement of this chapter, including, but not limited to, approval of a permit and plan check or design review of a project.
“Local Water Purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service. The Local Water Purveyor in the City of Tulare is the City.
“Low-volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and

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bubblers. Low-volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
“Main Line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
“Master shut-off valve” means an automatic valve installed at the irrigation supply point, which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
“Maximum Applied Water Allowance (MAWA)” means the upper limit of annual applied water for the established landscaped area as specified in Section 10.52.090. It is based on the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA=(Eto) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA].
“Median” means an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
“Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
“Mined-Land Reclamation Projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
“New construction” means for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. “Non-residential landscape” means landscapes in commercial, institutional, industrial, and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest for developments with designated recreational areas. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
“Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
“Overspray” means the irrigation water which is delivered beyond the target area. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

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“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
“Plant factor” or “Plant water use factor” means a factor that, when multiplied by eto, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water-use plants is 0 - 0.1, and the plant factor range for low water-use plants is 0.2 to 0.3.

The plant factor range for moderate water-use plants is 0.4 to 0.6, and the Plant Factor range for high water-use plants is 0.7 to 1.0. plant factors cited in this chapter are derived from the publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
“Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 10.52.060 to request a permit, plan check, or site plan review from the City of Tulare. A project applicant may be the property owner or his or her designee. “Rain sensor” or “Rain sensing shutoff device” means a component that automatically suspends an irrigation event when it rains.
“Record drawing” or “As-builts” means a set of reproducible drawings that show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. “Recreational area” means areas, excluding private single-family residential areas, designated for active play, recreation, or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf courses - tees, fairways, roughs, surrounds, and greens. “Recycled water,” “Reclaimed water,” or “Treated Sewage Effluent Water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. “Reference Evapotranspiration” or “ETo” means a standard measurement of environmental parameters that affect the water use of plants. ETo is expressed in inches per day, month, or year as represented for the State of California in Appendix A of the Model Water Efficient Landscape Ordinance, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well- watered. Reference Evapotranspiration is used as the basis for determining the maximum applied water allowance so that regional differences in climate can be accommodated. The ETo for the City of Tulare is 50.7.
“Regional Water Efficient Landscape Ordinance” means a local ordinance adopted by two or more local agencies, water suppliers, and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.
“Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or site plan review, meets the requirements of Section 10.52.040, and the modified landscape area is equal to or greater than 2,500 square feet.
“Residential landscape” means landscapes surrounding single or multi-family homes.

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“Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. “Soil moisture sensing device” or “Soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. “Soil Texture” means the classification of soil based on its percentage of sand, silt, and clay. “Special Landscape Area (SLA)” means an area of the landscape dedicated solely to edible plants, recreational areas, and areas irrigated with recycled water. “Sprinkler head” means a device that delivers water through a nozzle. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
“Station” means an area served by one valve or by a set of valves that operate simultaneously. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and prevent equipment damage.
“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
“Turf” means a groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warmseason grasses. “Valve” means a device used to control the flow of water in the irrigation system. “Water Conserving plant species” means a plant species identified as having a very low or low plant factor.
“Water feature” means a design element where open water performs an aesthetic or recreational function. Water Features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for onsite wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
“Watering window” means the time of day irrigation is allowed. “Wucols” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources.

10.52.040 Applicability.

A. After December 1, 2015, and consistent with Executive Order No. B-29-15, this chapter shall apply to all of the following landscape projects:

1. New development projects with an aggregate landscape area equal to or greater than 500 square feet require a building or landscape permit, plan check, or site plan review.

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2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet require a building or landscape permit, plan check, or site plan review.

3. Existing landscapes limited to Sections 10.52.240, 10.52.250, and 10.52.260.

4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 10.52.090, 10.52.170, and 10.52.180; and existing cemeteries are limited to Sections 10.52.240, 10.52.250, and 10.52.260.

B. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Section 10.52.080(A).

C. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section 10.52.080 (A)(5).

D. This chapter does not apply to:

1. Registered local, State, or federal historical sites.

2. Ecological restoration projects that do not require a permanent irrigation system.

3. Mined-land reclamation projects that do not require a permanent irrigation system.

4. Plant collections, as part of botanical gardens and arboretums open to the public.

10.52.050 Designation of responsibilities.

The City of Tulare designates the Community Services Department and the Planning Division of the Community Development Department to implement the requirements contained in this chapter.

10.52.060 Compliance with Landscape Documentation Package.

Prior to construction, the City of Tulare shall:

A. Provide the project applicant with this chapter and procedures for permits, plan checks, or site plan reviews.

B. Review the Landscape Documentation Package submitted by the project applicant.

C. Approve or deny the Landscape Documentation Package.

D. Issue a permit or approve the plan check or site plan review for the project applicant.

E. Provide inspection of the irrigation system and plant species as approved under division (B).

F. Upon filing a certificate of completion by the project applicant, the project shall be accepted as complete.

10.52.070 Penalties.

The City of Tulare may identify penalties to the project applicant for non-compliance with this chapter per the penalties enumerated in Section 10.52.290.

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10.52.080 Elements of the Landscape Documentation Package.

A. Projects 2,500 square feet or less. Projects 2,500 square feet or less may comply with the requirements of this chapter by conforming to the prescriptive measures below. Compliance with all of the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:

1. Submit a Landscape Documentation Package that includes the following elements:
a. Date.
b. Project applicant.
c. Project address (if available, parcel and/or lot number(s)). d. Total landscape area (square feet), including a breakdown of turf and plant material. e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed). f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well. g. Contact information for the project applicant and property owner. h. Applicant signature and date with the statement, “I agree to comply with the requirements of the prescriptive compliance option of the MWELO.” i. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into the landscape area (unless contraindicated by a soil test).

2. Plant material shall comply with all of the following:
a. For residential areas, install climate-adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75 percent of the plant area excluding edibles and areas using recycled water; for non-residential areas, install climate-adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100 percent of the plant area excluding edibles and areas using recycled water.
b. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

3. Turf shall comply with all of the following:
a. Turf shall not exceed 25 percent of the landscape area in residential areas, and there shall be no turf in non-residential areas.
b. Turf shall not be planted on sloped areas that exceed a slope of one-foot vertical elevation change for every four feet of horizontal length. c. Turf is prohibited in parkways less than 10 feet wide unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.

4. Irrigation systems shall comply with the following:

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a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.
b. Irrigation controllers shall be of a type that does not lose programming data in the event the primary power source is interrupted.
c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range. d. Manual shut-off valves (such as gate valves, ball valves, or butterfly valves) shall be installed as close as possible to the point of connection to the water supply. e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity of a low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

5. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule, and a schedule of landscape and irrigation maintenance.

B. Any project over 2,500 square feet. The Landscape Documentation Package shall include the following six elements:

1. Project information:
a. Date.
b. Project applicant.
c. Project address (if available, parcel and/or lot number(s)). d. Total landscape area (square feet).
e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed). f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well. g. Checklist of all documents in the Landscape Documentation Package. h. Project contacts to include contact information for the project applicant and property owner.
i. Applicant signature and date with the statement, “I agree to comply with the requirements of the water-efficient landscape ordinance and submit a complete Landscape Documentation Package.”

2. Water Efficient Landscape Worksheet:
a. Hydrozone information table.
b. Water budget calculations:
• Maximum applied water allowance (MAWA).
• Estimated total water use (ETWU).
• Soil management report.
• Landscape design plan.

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• Irrigation design plan.
• Grading design plan.

10.52.090 Water Efficient Landscape Worksheet
A. A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix A, attached to Ordinance 15-11 and incorporated by reference as if set forth in full herein, which contains information on the plant factor, irrigation method, irrigation efficiency, and the area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and the irrigation method selected for the landscape design. ETWU must be below MAWA.

1. In calculating the maximum applied water allowance and estimated total water use in the City of Tulare, a project applicant shall use 50.6 as the ETo value.

B. Water budget calculations shall adhere to the following requirements:

1. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.2 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3. All special landscape areas shall be identified and their water use calculated as shown in Appendix A, attached to Ordinance 15-11 and incorporated by reference as if set forth in full herein.

4. ETAF for new and existing (non-rehabilitated special landscape areas shall not exceed 1.0).

10.52.100 Soil Management Report.

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

A. Submit soil samples to a laboratory for analysis and recommendations.

1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis shall include:
a. Soil texture.
b. Infiltration rate determined by laboratory test or soil texture infiltration rate table. c. pH.
d. Total soluble salts.

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e. Sodium.
f. Percent organic matter.
g. Recommendations.

3. In projects with multiple landscape installations (i.e., production home developments), a soil sampling rate of one in seven lots or approximately 15 percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

B. The project applicant, or his or her designee, shall comply with one of the following:

1. If significant mass grading is not planned, the soil analysis report shall be submitted to the City of Tulare Community Development Department as part of the Landscape Documentation Package.

2. If significant mass grading is planned, the soil analysis report shall be submitted to the City of Tulare Community Development Department as part of the certificate of completion.

C. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

D. The project applicant, or his or her designee, shall submit documentation verifying the implementation of soil analysis report recommendations to the City of Tulare with a Certificate of Completion.

10.52.110 Landscape design plan.

A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

1. Plant material.
a. Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. To encourage the efficient use of water, the following is highly recommended:
• Protection and preservation of native species and natural vegetation. • Selection of water-conserving tree and turf species, especially local native plants. • Selection of plants based on local climate suitability, disease, and pest resistance. • Selection of trees based on applicable local tree ordinances or tree shading guidelines; and size at maturity as appropriate for the planting area. • Selection of plants from local and regional landscape program plant lists. • Selection of plants from local Fuel Modification Plan Guidelines. b. Each hydrozone shall have plant materials with similar water use, with the exception of hvdrozones with plants of mixed water use, as specified in Section 10.52.120. c. Plants shall be selected and planted appropriately based on their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

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• Use the Sunset Western Climate Zone System, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate.
• Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines), and allow for adequate soil volume for healthy root growth.
• Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
d. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).
e. High-water plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
f. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Cal. Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. g. The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.
h. The architectural guidelines of common interest development that include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

2. Water features.
a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
d. Pool and spa covers are highly recommended.

3. Soil preparation, mulch, and amendments.
a. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement.
b. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.
c. For landscape installations, compost at a rate of a minimum depth of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches

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into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
d. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch.

Designated insect habitat must be included in the landscape design plan as such. e. Stabilizing mulching products shall be used on slopes that meet current engineering standards.
f. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
g. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan guidelines or other applicable local ordinances.

B. The landscape design plan, at a minimum, shall:

1. Delineate and label each hydrozone by number, letter, or other method.

2. Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

3. Identify recreational areas.

4. Identify areas permanently and solely dedicated to edible plants.

5. Identify areas irrigated with recycled water.

6. Identify type of mulch and application depth.

7. Identify soil amendments, type, and quantity.

8. Identify type and surface area of water features.

9. Identify hardscapes (pervious and non-pervious).

10. Identify location and installation details, as well as 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan, and examples are provided in Section 10.52.210.

11. Identify any applicable rain harvesting or catchment as discussed in Section 10.52.210 and their 24-hour retention or infiltration capacity.

12. Identify any applicable graywater discharge piping, system components, and area(s) of distribution.

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13. Contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan.”

14. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Cal. Business and Professions Code, Section 832.27 of Title 16 of the Cal. Code of Regulations, and Section 6721 of the Cal. Food and Agriculture Code.)

10.52.120 Irrigation design plan.

A. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

1. System.
a. Landscape water meters, defined as either a dedicated water service meter or private submeter shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. • A customer service meter dedicated to landscape use provided by the local water purveyor.
• A privately owned meter or submeter.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
• If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
• Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, they shall be conducted at installation. d. Sensors (rain, freeze, wind, etc.). either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

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e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a mainline break) or routine repair. f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes of 5,000 square feet or larger.
h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low-pressure shut-down features. i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. j. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. k. The design of the irrigation system shall conform to the hvdrozones of the landscape design plan.
l. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 10.52.090 regarding the maximum applied water allowance.
m. All irrigation emission devices must meet the requirements set out in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
n. It is highly recommended that the project applicant or local agency inquire with the City of Tulare Water Utility about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. o. In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.
p. Sprinkler heads and other emission devices shall have matched precipitation rates unless otherwise directed by the manufacturer’s recommendations. q. Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.
r. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high-traffic areas or turf grass.

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s. Check valves or anti-drain valves are required on all sprinkler heads where low-point drainage could occur.
t. Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produce no runoff or overspray. u. Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low-flow non-spray technology. The setback area may be planted or implanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
• The landscape area is adjacent to permeable surfacing and no runoff occurs. • The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
• The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 10.52.120(A)(1)(h). Overspray and runoff prevention must be confirmed during the irrigation audit. v. Slopes greater than 25 percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology as part of the Landscape Documentation Package and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

2. Hydrozone.
a. Each valve shall irrigate a hydrozone with a similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The nature, size, and extent of the root zone shall be considered when designing irrigation for the tree. d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
• Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor.
• The plant factor of the higher water-using plant is used for calculations. e. Individual hydrozones that mix high- and low-water use plants shall not be permitted. f. On the landscape design plan and irrigation design plan, hvdrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hvdrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming of the controller.