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B. The irrigation design plan, at a minimum, shall contain:
1. Location and size of separate water meters for landscape.
2. Location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices.
3. Static water pressure at the point of connection to the public water supply.
4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.
5. Recycled water irrigation systems as specified in Section 10.52.200.
6. The following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan.”
7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (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 Agricultural Code.) (Ord. 15-11, passed 12-15-2015; Ord. 10-24, passed 12-21-2010)
10.52.130 Grading design plan.
For the efficient use of water, the grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
A. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area, including:
1. Height of graded slopes.
2. Drainage patterns.
3. Pad elevations.
4. Finish grade.
5. Stormwater retention improvements, if applicable.
B. To prevent excessive erosion and runoff, it is highly recommended that project applicants:
1. Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto non-permeable hardscapes.
2. Avoid disruption of natural drainage patterns and undisturbed soil.
3. Avoid soil compaction in landscape areas.
C. The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the
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grading design plan” and shall bear the signature of a licensed professional as authorized by law.
10.52.140 Certificate of Completion.
A. The certificate of completion (see Appendix B, attached to Ordinance 15-11 and incorporated by reference as if fully set forth herein, for a sample certificate) shall include the following six elements:
1. Project information sheet that contains:
a. Date.
b. Project name.
c. Project applicant name, telephone, and mailing address. d. Project address and location.
e. Property owner name, telephone, and mailing address.
2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package:
a. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification. b. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
3. Irrigation scheduling parameters used to set the controller (see Section 10.52.160).
4. Landscape and irrigation maintenance schedule (see Section 10.52.170).
5. Irrigation audit report (see Section 10.52.180).
6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 10.52.100).
B. The project applicant shall:
1. Submit the signed certificate of completion to the City of Tulare for review.
2. Ensure that copies of the approved certificate of completion are submitted to the City of Tulare Water Utility and property owner or his or her designee.
C. The City of Tulare shall:
1. Receive the signed certificate of completion from the project applicant.
2. Approve or deny the certificate of completion. If the certificate of completion is denied, the City of Tulare shall provide information to the project applicant regarding a reapplication, appeal, or other assistance.
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10.52.150 Development standards.
All projects that require a landscaping and irrigation plan pursuant to this chapter shall comply with the following development standards.
A. General standards.
1. All landscape development over 500 square feet (new) or 2,500 square feet (rehabilitated) that requires a permit, plan check, or site plan review shall meet the water efficiency and site design requirements detailed in other sections of this chapter. The project applicant, and owner (if different) shall sign the Landscape Documentation Package as required in Section 10.52.080(B)(1)(i).
2. All exterior areas not devoted to parking, storage, driveways, walkways, or loading areas shall be landscaped. A minimum of five percent of the gross lot area shall be landscaped unless the district in which the project is located does not require yard areas in which case only street trees are required.
3. Landscaping shall be used to screen storage areas, trash enclosures, parking, public utilities, and other similar elements. The landscaping shall screen these elements within three years of installation.
4. Planting and irrigation shall conform to the water use efficiency sections of this code in such a manner that the site-wide estimated total water use (ETWU) will be less than the maximum applied water allowance (MAWA). Landscape plans shall document compliance with the ordinance by submitting a Landscape Documentation Package and providing supporting documentation as required in the ordinance.
5. All landscaping on the City-owned property shall conform to City landscaping and irrigation standards, including the City Services Department Improvements Standards; City of Tulare Parking Lot Tree Shading Design and Maintenance Guidelines; area-specific plans and other applicable documents, as may be updated from time to time.
6. Certain landscapes (see Section 10.52.040) are exempt from the water efficiency documentation requirements of this section. These landscapes must still comply with the development standards in Section 10.52.150 as much as is practical.
B. Trees.
1. Fifteen-gallon street trees shall be planted in the right-of-way along all public streets. The number of street trees required shall be determined by dividing the total street frontage measured at the property line by 30. Round up to whole trees. Actual spacing of trees can vary to accommodate driveways, buried and overhead utilities, and other obstructions.
Trees shall be spaced at reasonable mature canopy width.
2. Street tree location can be in the landscape parkway between the curb and sidewalk, in tree wells if approved in the site plan, or on the property side of the sidewalk as appropriate for the particular situation. The species selection shall respect the available root area in the planting zone.
3. The front, rear, and side setbacks facing public streets shall be planted with trees and shrubs to provide an attractive buffer between the building and/or parking and the adjacent roadways and shade for walks and parking lots.
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4. Trees in the setback area, yards, and around the parking lot shall be 15 gallons or larger.
5. Trees planted near sidewalks, curbs, or another hardscape shall be appropriately sized for the root area of the trees and shall be irrigated on a dedicated irrigation valve. If the center of the trunk of the tree is within eight feet of a curb, sidewalk, building, trash enclosure, or other hardscape improvement the tree shall be installed with an 18-inch by 10-foot root barrier installed in a linear fashion adjacent to the concrete improvement.
6. Trees shall be planted in locations where they do not interfere with service lines, basic property rights of adjacent owners, or the right to solar access.
C. Shrubs.
1. Shrubs and living ground covers shall be used in the City right-of-way in lieu of turf.
Spacing of shrubs shall not exceed 120 percent of the mature size stated for the shrubs in the current edition of the Sunset Western Garden Book.
2. Front, side, and rear setback areas that abut public streets shall be planted with a combination of shrubs, groundcovers, and mulches in such a manner that the landscape meets the water efficiency requirements elsewhere in this section.
3. Shrubs and ground covers in setbacks shall be spaced at no more than 120 percent of the mature size stated in the current edition of the Sunset Western Garden Book.
4. Unplanted mulch areas may comprise no more than 30 percent of the planter area. Tree canopy over unplanted mulch areas is encouraged.
5. Fifty of the shrubs and ground covers shall be five-gallon containers or larger; the remainder shall be from one-gallon containers.
6. Vines that self-cling shall be planted on all frontage masonry walls for graffiti control.
D. Turf.
1. Turf (as defined in Section 10.52.030) is only allowable in cases where the water budget will demonstrate that adequate irrigation water is available.
2. Concrete mow strips shall separate all turf areas from planter beds on City-owned property.
3. Turf beds shall be a minimum of 10 feet in width unless irrigated with subsurface irrigation; turf may not be used in storm drainage ponds with slopes steeper than 1:6 or on mounds or berms with slopes steeper than 1:8, except as provided for by the City Services Department.
4. Use of artificial turf on City-owned property may be used subject to approval by the Community Services Director.
E. Irrigation.
1. All components of the irrigation system and the irrigation design must meet the water efficiency requirements elsewhere in this section, including:
a. Low-volume systems (drip, low-volume sprays, or individual bubblers) shall be used whenever feasible. In City-owned shrub areas low-volume irrigation shall be installed using hard pipe underground with low-volume sprays or bubblers above grade. b. Irrigation for sports turf and recreational turf may use overhead irrigation subject to the restrictions elsewhere in this chapter.
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c. All irrigation systems shall be equipped with an automatic Smart-controller with Et sensing, weather-sensing and multiple cycle capabilities, and a flexible calendar program.
d. Plants shall be grouped into hydrozones of like water requirements. e. Sprinkler heads must have matched application rates within each control valve. f. Sprinkler head spacing shall be designed for head-to-head coverage and placed at a maximum of 50 percent of the diameter of the throw for square spacing and 60 percent for triangular spacing.
g. Overhead sprays shall not throw water onto hardscape, bare ground areas, or other nonplanted areas, including sidewalks between landscaped areas. Irrigation water must stay in landscape areas and not drain off to storm drains or gutters. h. Pop-up sprinklers must have a six-inch pop-up height and must clear all plant material and obstacles in their throw zone.
i. Automatic rain shut-off devices shall be required on all irrigation systems. j. One valve shall be dedicated to tree irrigation and shall be able to run independently of any other irrigation valve.
F. Mulch.
1. As required elsewhere in this chapter, a minimum of three inches of mulch is required in all non-turf planters.
2. Mulch may be organic (such as bark, compost, or straw) or mineral (such as cobble or decomposed granite).
3. Mulch on City-owned property must be coarse ground cedar or redwood bark product.
Dyed products are prohibited.
4. Plastic or other non-porous sheeting is prohibited in City-owned landscape and lighting district planters and discouraged elsewhere.
G. Mounding.
1. Mounds that contain turf or groundcover shall be no steeper than 1:8 and 1:5, respectively.
Slopes steeper than 1:8 may contain shrubs if this material is irrigated with a drip or other low-volume system.
2. Incorporate compost into the mounds prior to compaction per Section 10.52.110 (A)(3).
Mounds shall be compacted prior to planting.
H. Corner lots. Landscape and irrigation plans for any development involving corner lots at project entries shall include additional special design requirements, including, but not limited to, the following:
1. Incorporate significant landscape or hardscape features, including specimen trees; wall breaks, angled walls or walls with different material treatments; special signing or lighting or statue.
2. Specimen trees.
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3. Corner landscape and irrigation plans shall be designed so that proper sight lines across the corner are maintained consistent with the Traffic Safety Sight Area as defined in Section 10.52.030 (Definitions).
I. Walls. Plans for development project walls facing public streets should include the following special design requirements, including, but not limited to, the following:
1. Wall material should vary. Caps, pilasters, or comer segments of the wall should vary in appearance from the primary portion of the wall.
2. Masonry walls shall be planted with vines in order to soften the appearance of the wall and discourage graffiti.
3. Non-masonry fences facing public streets or property shall be set back from the back of walk a minimum of three feet and planted with shrubs or other plant materials.
J. Parking lots. Parking lot plans for non-residential developments serving 20 parking stalls or greater should include the following design requirements. These requirements will promote an attractive visual environment, promote a transition between land uses, reduce energy consumption in buildings adjacent to parking lots, and decrease glare and high summer temperatures community-wide by reducing the amount of exposed pavement.
1. A combination of landscaping and/or low walls and/or mounding shall be installed between the parking lot and the street to screen the parking lot from view from the public right-ofway.
2. All parking lots with a capacity of 20 cars or more shall contain shade trees, which within 10 years from installation, shall shade 50 percent of the parking lot. All surfacing on which a vehicle can drive is subject to shade calculation, including parking stalls, drive aisles, and all maneuvering areas. Guidelines for shade calculations and a list of approved parking lot trees are contained in the Parking Lot Tree Shading Design Manual.
3. For each 10 parking spaces, a minimum of one 15-gallon or larger shade tree shall be installed, but more may be required to meet the 50 percent shading requirement. Trees shall be contained in tree wells or planters with an outside measurement of not less than five feet by five feet that are enclosed with a concrete curb not less than six inches high. Continuous planting islands between rows of cars are encouraged to allow for multiple tree plantings and increased soil volume for tree roots.
4. Shade trees planted within a parking lot should be evenly distributed throughout the lot.
5. Shrubs and trees shall be planted in locations that do not conflict with the front of cars that extend into a planter area. If within eight feet of the curb, trees shall be located aligned with parking lot stripes and shall be provided with root barriers as in division (B)(5) above.
10.52.160 Irrigation scheduling.
For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
A. Irrigation scheduling shall be regulated by automatic irrigation controllers.
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B. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
C. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission devices, flow rate, and current reference evapotranspiration. so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to the maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
D. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
1. The plant establishment period.
2. The established landscape.
3. Temporarily irrigated areas.
E. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation).
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff).
3. Number of cycle starts required for each irrigation event to avoid runoff.
4. Amount of applied water scheduled to be applied on a monthly basis.
5. Application rate setting.
6. Root depth setting.
7. Plant type setting.
8. Soil type.
9. Slope factor setting.
10. Shade factor setting.
11. Irrigation uniformity or efficiency setting.
10.52.170 Landscape and irrigation maintenance scheduling.
A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
B. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
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C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.
D. A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.
10.52.180 Irrigation audit, irrigation survey, and irrigation water use analysis.
A. All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.
B. In large projects or projects with multiple landscape installations (i.e., production home developments), an auditing rate of one in seven lots, or approximately 15 percent, will satisfy this requirement.
C. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 10.52.040:
1. The project applicant shall submit an irrigation audit report with the certificate of completion to the City of Tulare that may include, but is not limited to inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming:
2. The City of Tulare shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.
10.52.190 Irrigation efficiency.
For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 1.75 for overhead spray devices and 0.81 for drip system devices.
10.52.200 Recycled water and graywater systems.
A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
B. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
C. Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated special landscape areas shall not exceed 1.0.
D. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to Cal. Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 10.52.040 (C) for the applicability of this chapter to landscape areas less than 2,500 square feet, with the estimated total water use met entirely by graywater.
10.52.210 Stormwater management and rainwater retention.
A. Stormwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing stormwater best management
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practices into the landscape and grading design plans to minimize runoff and increase on-site retention and infiltration are encouraged.
B. Project applicants shall refer to the City of Tulare or the Regional Water Quality Control Board for information on any applicable stormwater technical requirements.
C. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 10.52.110(A)(3).
D. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either the one-inch, 24-hour rain event or the 85th percentile, 24-hour event, and/or additional capacity as required by any applicable local, regional, State or federal regulation.
E. It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:
1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
2. Minimize the area of impervious surfaces such as paved areas, roofs, and concrete driveways.
3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
6. Incorporate infiltration beds, swales, basins, and dry wells to capture stormwater and dry weather runoff and increase percolation into the soil.
7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
10.52.220 Public education.
A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community.
1. The City of Tulare shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water-efficient landscapes based on a water budget.
B. Model homes. All model homes shall be landscaped and shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter.
1. Signs shall be used to identify the model as an example of a water-efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water-efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the waterefficient landscape and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.
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2. Information shall be provided about designing, installing, managing, and maintaining water-efficient landscapes.
10.52.230 Environmental review.
The City of Tulare must comply with the California Environmental Quality Act (CEQA), as appropriate.
10.52.240 Provisions for existing landscapes.
The City of Tulare may, by mutual agreement, designate another agency to implement some or all of the requirements contained in this chapter. The City of Tulare may collaborate with other agencies to define each entity’s specific responsibilities relating to this chapter.
10.52.250 Existing landscape areas.
A. This section shall apply to all existing landscapes that were installed before December 1, 2015, and are over one acre in size.
1. For all landscapes in division (A) that have a water meter, the City of Tulare shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as MAWA = (0.8) (Eto)(LA)(0.62).
2. For all landscapes in division (A), that do not have a meter, the City of Tulare shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
10.52.260 Water waste prevention.
A. The City of Tulare shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage and overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties are as defined in Section 10.52.290.
B. Restrictions regarding overspray and runoff may be modified if:
1. The landscape area is adjacent to permeable surfacing and no runoff occurs.
2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
10.52.270 Effective precipitation.
The City of Tulare may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate the maximum applied water allowance: MAWA= (ETo - Eppt) (0.62) [(0.55 x LA) + (.45 x SLA)] for residential areas.
MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (.55 x SLA)] for non-residential areas. The effective precipitation in the City of Tulare shall be considered to be 7.55.
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10.52.280 Appendices.
The City of Tulare hereby incorporates herein by reference Appendix A: Sample Water Efficient Landscape Worksheet and Appendix B: Sample Certificate of Completion attached to Ordinance No. 15-11.
10.52.290 Enforcement and penalties.
A. No certificate of occupancy shall be issued for any development project for which a landscaping and irrigation plan is required pursuant to this chapter until all improvements shown on the plan have been installed and the certificate of completion has been accepted by the City. The Community Development Department may issue a temporary certificate of occupancy, where completion of the improvements has been delayed because of adverse weather. An extension may be granted upon execution of an agreement with the City and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work.
B. Violations of the provisions of this chapter shall be subject to an administrative citation (Chapter 1.61).
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Chapter 10.54
PARKING AND LOADING STANDARDS
Sections:
10.54.010 Purpose.
10.54.020 Application.
10.54.030 General location and use of parking areas.
10.54.040 Number of parking spaces required.
10.54.050 Exceptions to required number of spaces.
10.54.060 Joint use of parking.
10.54.070 Director modification.
10.54.080 Location of parking spaces.
10.54.090 Standards for off-street parking facilities.
10.54.100 Parking dimensions.
10.54.110 Off-street loading facilities required.
10.54.120 Standards for off-street loading facilities.
10.54.130 Replacement of off-street parking and off-street loading facilities.
10.54.140 Landscaping of parking areas.
10.54.150 Parking for bicycle and low-emission vehicles.
10.54.160 Garage conversions of required parking to living space.
10.54.170 Unimproved lots.
10.54.010 Purpose.
The purpose of this chapter is to provide parking and loading regulations for new development and uses that are established in Tulare.
The objectives of this chapter are:
A. To provide for accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities and off-street loading facilities.
B. To provide for parking and loading facilities that are designed to reduce traffic congestion and hazards.
C. To minimize the impact of new development on parking and loading facilities on surrounding properties.
D. To ensure the maneuverability of emergency vehicles in parking facilities.
E. To provide for loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood.
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10.54.020 Application.
The parking and loading standards in this chapter shall apply to all zone districts unless otherwise specified.
10.54.030 General location and use of parking areas.
The land areas set aside for parking to meet the provisions of this chapter shall be usable and accessible for the type of off-street parking that is required. Off-street vehicle parking is restricted to only approved off-street parking facilities as designed and developed in accordance with this chapter.
10.54.040 Number of parking spaces required.
A. At the time of initial occupancy of a site or any existing structure, or of the construction of a building, or of a major alteration or expansion of a site or building, or a change in the use of property that requires additional parking spaces, the number of off-street parking facilities for automobiles shall be provided in accordance with Table 10.54.040-1.
B. For the purposes of this section, square feet shall mean the gross square feet of a building.
Employees shall mean the expected number of employees determined at the time a use commences.
C. For uses not listed under this chapter, the Director shall determine parking and loading space requirements based on the standards for comparable uses and based upon the particular characteristics of the subject use.
D. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.
Table 10.54.040-1
Number of Parking Spaces
Land Use Tulare Proposed Parking Space Requirement
Assisted living, skilled nursing, or hospice
facility; residential care facility
1 space per dwelling unit or 1 space for every 6
beds, plus one space per employee on the largest
shift
Single-family dwelling 2 covered spaces per dwelling unit Multi-family dwelling, no bedroom (i.e.,
studio or SRO)
1 space per dwelling unit unless located in
Downtown Overlay zone or TOD area
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Land Use Tulare Proposed Parking Space Requirement
Multi-family dwelling, 1, 2, or more
bedrooms
1 bedroom: 1 covered space per dwelling unit
2 or more bedrooms: 2 spaces per unit, of which
at least 1 shall be covered, plus 1 uncovered
guest space per 5 dwelling units
unless located in Downtown Overlay zone or
TOD area
Single- or multi-family dwelling
specifically for seniors 55 years of age or
older
1 space per dwelling unit plus 1 uncovered guest
space per 10 units unless located in Downtown
Overlay zone or TOD area
Boarding house or rooming house, lodging 1 space per 2 beds Motel, hotel, or bed and breakfast inn 1 space per guest room, plus 1 space per employee on evening shift, plus 50% of the
parking requirements for associated on-site uses,
such as restaurants and banquet rooms
Live/work facility 2 covered parking spaces, plus one space for each employee that does not live within the home
unless located in Downtown Overlay zone or
TOD area
Retail store; shopping center 1 space per 300 square feet Retail store selling large items
(appliances, furniture, hardware); food
locker
1 space per 500 square feet
Bank 1 space per 300 square feet of building area
Fuel sales spaces required by accompanying on-site uses (retail, service, restaurant) with a minimum of 2
spaces
Spaces at pump islands may be counted, but not
to exceed four spaces, provided that at least five
on-site spaces are not located at pump islands.
Indoor commercial recreation facility;
health or fitness facility
1 space per 300 square feet
Restaurant, bar, nightclub, lounge,
brewpub
1 space per 150 square feet
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Land Use Tulare Proposed Parking Space Requirement
Microbrewery 1 space per 150 square feet open to the public Artisan food, beverage production, and
sales
1 space per 150 square feet open to the public
All office and medical uses, except call
center, hospital, and pharmacy
1 space per 250 square feet plus 5 spaces for
each professional (e.g., RN, PA, MD, DO, DDS,
LCSW, PsyD, etc.) that sees patients or clients
on an appointment basis
Call center 1 space per employee; otherwise, 1 space per 250 square feet
Hospital 1 space per 3 beds plus 2 spaces for every 3
employees of the maximum working shift,
including doctors
Pharmacy 1 space per 300 square feet
Government office; social service office,
assistance center, or guidance center
1 space per 250 square feet unless located in
Downtown Overlay zone or TOD area
All Service commercial uses 1 space per 300 square feet plus additional parking spaces prescribed by the Director or Site
Plan Review Committee
Studio for martial arts, music, dance,
yoga, exercise, gymnastics, or similar
1 space per employee, plus 1 space per 2 students
at maximum occupancy unless located in
Downtown Overlay zone
All manufacturing and processing uses
except agricultural food production and
animal raising; cold storage or ice house
1 parking space for each employee during the
shift of maximum employment, plus 1 parking
space for each vehicle used in conjunction with
the use
Mini-warehouse or self-storage 1 space per 250 square feet of office space, plus 1 space per caretaker residence
Commercial and industrial uses conducted
primarily outside of buildings, including
junk yard, wrecking yard, or salvage
facility, and vehicle impound yard
1 parking space for each employee on the
maximum shift plus additional parking spaces
prescribed by the Director or Site Plan Review
Committee
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Land Use Tulare Proposed Parking Space Requirement
Auditorium; card room; club, lodge, or
private meeting hall; funeral home or
mortuary; religious institution or facility;
theater; community center or facility
1 space per 4 fixed seats; or 1 space for each 35
square feet of non-fixed seating area in the
principal sanctuary, conference space, or
auditorium, whichever is greater
All recreation uses except indoor
commercial recreation facility, small
health or fitness facility, and park or
playground
As prescribed by the Director or Site Plan
Review Committee
School; public, private, or charter
(kindergarten to 8th grade)
Kindergarten and nursery schools: 1 parking
space for each employee plus one parking space
for each 10 children
Elementary and junior high schools: 2 parking
spaces for each classroom, plus the number of
additional spaces prescribed by the Director
School; public, private, or charter (9th to
12th grade)
Kindergarten and nursery schools: 1 parking
space for each employee plus one parking space
for each 10 children
Elementary and junior high schools: 2 parking
spaces for each classroom, 2 spaces per
classroom plus 1 space for each employee, plus
the number of additional spaces prescribed by
the Director
School; trade, vocational, art, business, or
professional
1 space per employee plus 10 spaces per
classroom, plus 1 space per 300 square feet of
administrative office use, plus additional parking
for either stadium or auditorium or as approved
by conditional use permit
College or university 1 space per employee plus 10 spaces per classroom, 5 spaces per classroom plus 1 space
per 300 square feet of administrative office use,
plus additional parking for either stadium or
auditorium or as approved by conditional use
permit
Daycare center 1 space per employee plus on-site drop-off area
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Land Use Tulare Proposed Parking Space Requirement
Library, museum, cemetery, fairgrounds,
public building, and grounds other than
offices and educational uses
1 space per 300 square feet of gross floor area
unless located in Downtown Overlay zone or
TOD area
Mobile home park 1 covered space in conjunction with each mobile home, plus 1 space for each 10 mobile home
sites for guest parking.
Recreational vehicle park 1 space per employee of the maximum working shift
Airport, heliport, bus, transit, or train
station
As prescribed by the Director or Site Plan
Review Committee
Truck stop or travel center, trucking or
transportation terminal
1 space per employee of the maximum working
shift plus the number of additional spaces
prescribed by the Director or Site Plan Review
Committee
Warehouse or distribution center 1 space for each 1,000 square feet of gross floor area for the first 20,000 square feet and 1 space
for each 5,000 square feet thereafter, plus 1 per
250 square feet of office.
Emergency Shelter As prescribed by the Director or Site Plan Review Committee (Any requirement to be
consistent with the requirements of AB 2339)
Post office 1 space per 500 square feet plus 1 space per employee of the maximum working shift
Public corporation yard, utility yard, or
vehicle and heavy equipment maintenance
and storage yard; public safety facility or
station
1 space per employee of the maximum working
shift plus the number of additional spaces
required by the Director based on trip generation
Adult entertainment establishment Director shall determine parking and loading space requirements based on the standards for
comparable uses and based on the particular
characteristics of the subject use
Uses not specifically described in this table Director shall determine parking and loading space requirements based on the standards for
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Land Use Tulare Proposed Parking Space Requirement
comparable uses and based on the particular
characteristics of the subject use
10.54.050 Exceptions to required number of spaces.
A. No additional parking spaces shall be required for a change in use or a building enlargement of less than 1,000 square feet in an existing building located within the Downtown Overlay zone.
B. In the event a change in use requires an increase of two or less off-street parking spaces, no additional parking spaces shall be required.
C. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building unless there is a change in use or increase in floor area or another unit of measurement as the result of such remodeling.
D. The total requirements for off-street parking facilities for a mixed-use development on the same site shall be 90 percent of the sum of the parking space requirements for the various uses.
E. No existing land use or structure shall be deemed to be a non-conforming use solely because of the lack of off-street parking or off-street loading facilities prescribed in this chapter.
F. For uses located in Downtown Overlay zone or TOD area, the Director may reduce parking and loading space requirements by up to 50 percent. Reductions beyond 50 percent may be approved by Variance in accordance with Chapter 10.84.
10.54.060 Joint use of parking.
A. Where two or more non-residential uses share a single parking lot, the number of required parking spaces may be reduced by a maximum of 20 percent, as long as the total number of spaces is not less than the required for the use requiring the largest number of spaces.
B. Where non-residential uses share a single parking lot and it can be demonstrated that the uses operate at different times of the day (an evening use versus a day-time use), the required number of parking spaces may be reduced by up to 50 percent of the combined parking requirements of the two uses.
C. Where two nearby uses have distinct and differing peak parking demands (an evening use versus a day-time use), or where it can be demonstrated that one site has an excess supply of parking spaces that will not be used in the foreseeable future, the required number of parking spaces may be reduced through minor deviation, provided that the parking lots of each use are located within 200 feet of each other (as measured along the most direct pedestrian path).
The amount of reduction may be up to 50 percent of the amount of spaces required for the most intensive of the two uses sharing the parking.
10.54.070 Director modification.
Parking space requirements of this chapter may be modified through minor deviation approval based upon specific findings that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces required and that reduced parking will be adequate to
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accommodate all parking needs generated by the use. To grant a modification, the Director must make the following findings:
A. That neither present nor anticipated future traffic volumes generated by the use of the site in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
B. That the granting of the modification will not create a safety hazard or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
C. That the granting of the modification will not create a safety hazard or any other condition inconsistent with the objectives of this title.
10.54.080 Location of parking spaces.
A. Off-street parking and off-street loading shall be located on the same site as the use for which they are required or within 100 feet of the business, except that within the Downtown Overlay/ /TOD/Mixed-Use Overlay zone may locate required off-street parking within 400 feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.
B. All parking spaces, whether required by this chapter or in addition to that which is required, shall be located outside of a street side yard setback.
10.54.090 Standards for off-street parking facilities.
Off-street parking facilities shall conform to the following standards and be approved by the Director in accordance with Chapter 10.54:
A. Parking areas shall be designed to the City’s standard specifications and approval by the City Engineer.
B. All parking areas shall have ingress and egress to and from a street or alley as required by the City’s standard specifications.
C. Accessible parking spaces shall be provided and designed as required by the Americans with Disabilities Act.
D. Sufficient room for turning and maneuvering vehicles shall be provided on the site, including fire and refuse collection vehicles; backing onto a public street is to be avoided.
E. Developed parking areas are to be utilized by all vehicles associated with or visiting the site.
F. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the Director.
G. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be in scale with the height and use of the structure. Lighting shall be installed so as not to cause a nuisance to adjoining properties. Off-site illumination shall be limited to 0.5 foot-candles where adjacent property is residential.
H. Concrete curbing at least six inches tall and six inches wide shall be provided around all perimeter areas and around all landscape areas to define the edges of the parking lot and to protect landscaping. Wheel stops are required to protect walkways when a vehicle overhang of two feet would result in less than 48 inches of clear path of travel on adjacent sidewalks, or when required to protect structures or adjacent facilities.
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I. Parking spaces shall be clearly marked with paint striping a minimum of four inches in width.
Other markings and signage shall be provided to show circulation patterns. All paint striping shall be maintained by the property owner.
J. All commercial parking lots shall be landscaped and shall be provided with pedestrian-oriented circulation patterns.
K. Tandem parking is allowed in mobile home parks, commercial parking structures with valet parking, single-family homes, and up to 20 percent of required parking for multi-family housing.
L. Parking lots for commercial development should have pedestrian-oriented circulation patterns.
M. No commercial repair work or servicing of vehicles shall be conducted in a parking area.
N. The storage of abandoned, dismantled, wrecked, inoperative vehicles or parts thereof within setback areas is prohibited.
O. Parking areas, aisles, and access drives shall be paved with a solid material so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without drainage onto any sidewalk or adjacent property. Long-term storage areas for vehicles in the C-S and I districts accessed by a paved drive aisle may be surfaced with rock, gravel, or granite with Director approval. The parking of vehicles on lawn, landscaped areas, or other areas not designed for parking is prohibited.
P. All vehicle parking areas within single-family zones shall occur on approved paved surfaces such as concrete or asphalt, except for vehicles parked in side yard setback areas and back yards which are enclosed by a six-foot high solid fence, such that the vehicles are not visible from the adjacent street or alley.
10.54.100 Parking dimensions.
A. A standard parking space for a 90˚ stall shall not be less than 20 feet in length and nine feet in width, exclusive of aisles and access drives.
B. Wheel stops are required for a standard 90˚ stall to protect walkways when a vehicle overhang of 2 feet would result in less than 48 inches of clear path of travel on adjacent sidewalks, or when required to protect structures or adjacent facilities.
C. Where wheel stops are not required and vehicles have space to over-hang by a minimum of 2 feet, standard 90˚ parking stall length may be reduced to 18 feet.
D. A compact parking space shall not be less than 16 feet in length and nine feet in width and marked for compact cars. Parking lots with 10 or more spaces may substitute up to 10 percent of all parking spaces in a parking lot or parking structure with compact parking spaces. There shall be no more than two compact spaces adjacent to each other E. Motorcycle spaces shall be a minimum size of four feet by eight feet. Parking lots with 40 or more spaces may substitute up to 2.5 percent of all standard parking spaces with motorcycle spaces if they are located within 150 feet of a building entry.
F. The dimensions, design, and construction of parking spaces reserved for individuals with disabilities shall meet the latest adopted California Uniform Building Code and Americans with Disabilities Act.
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G. Driveways for commercial/industrial/multiple-family residential uses:
1. Minimum width.
a. One-way circulation: 15 feet.
b. Two-way circulation: 25 feet.
2. The location of driveways to and from the public right-of-way shall be determined by the City Engineer and Director. For corner lots, driveways shall be no closer than five feet to the street radius.
H. The layout of a parking lot shall meet the dimensions of the Parking Standards of the City of Tulare Improvement Standards.
10.54.110 Off-street loading facilities required.
At least one off-street loading space shall be provided in connection with a building having a gross floor area of 10,000 square feet or more and intended for a use that typically receives or delivers goods. Buildings over 25,000 square feet shall provide at least one off-street loading space plus additional spaces as determined by the Director. This requirement shall not apply to a building adjacent to a public alley. The Director may waive this requirement for buildings located within the Mixed-Use Overlay District.
10.54.120 Standards for off-street loading facilities.
Off-street loading facilities shall conform to the following standards:
A. Commercial, industrial, office, institutional, and public uses exceeding 10,000 square feet in size shall be required to install an off-street loading facility unless the Director finds that due to the operational nature of the use, none or more than one off-street loading space should be required.
B. To the extent possible, loading facilities shall be located at the rear or side of the building that they are to serve.
C. Streets and alleys shall not be used as loading or unloading areas, nor shall trucks use streets and alleys for maneuvering trailers into a loading space.
D. Loading facilities, at a minimum, shall have a length of 25 feet, a width of 12 feet, and an overhead clearance of 14 feet. All loading surfaces shall be paved to provide a durable, dustless surface and shall be graded to properly dispose of surface water.
E. Where a loading facility is near or adjacent to a residential district or other noise-sensitive land uses, noise-attenuating design measures will be incorporated into the project. These design measures could include increased setback distances, the construction of a seven-foot solid block wall, landscaping, or locating the loading facilities away from noise-sensitive land uses.
F. Loading areas shall be lighted to provide adequate illumination for security and safety.
Lighting fixtures shall be in scale with the size and use of the structure. Any illumination shall be installed so as not to cause a nuisance to adjoining properties.
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10.54.130 Replacement of off-street parking and off-street loading facilities.
Unless specifically stated otherwise in this title, no off-street parking or off-street loading facility provided per this chapter shall be reduced in capacity or in an area without sufficient additional capacity or additional area being provided to comply with the requirements of this chapter.
10.54.140 Landscaping of parking areas.
Parking lot landscaping shall be designed and constructed in accordance with Chapter 10.52 Landscaping Standards.
10.54.150 Parking for bicycle and low-emission vehicles.
A. Parking for bicycles and low-emission vehicles shall be provided in accordance with the latest adopted version of the California Building Code.
B. Lots with 40 or more spaces may substitute a bicycle rack providing space for at least five bicycles at a ratio of one bicycle rack for each 40 spaces. One parking space may be subtracted for each five-space bicycle rack provided above what is required by the California Building Code.
10.54.160 Garage conversions of required parking to living space.
A. It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section 10.54.140 cannot be met post-conversion.
B. Garage conversions are allowed if the following requirements are met:
1. The area converted shall be subject to all applicable building code requirements.
2. The garage door shall either be removed from the structure and replaced with a wall, or a wall shall be constructed behind the pre-existing garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling.
3. Required parking shall be replaced for garage conversions unless the conversion leads to an ADU as defined in Section 65852.2 of the California Government Code.
10.54.170 Unimproved lots.
Vacant or unimproved lots shall not be used as vehicle parking facilities and/or outdoor storage of equipment, construction equipment, and similar uses unless fenced appropriately, as determined by the Site Plan Review Committee per Chapter 10.72.
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Chapter 10.56
SIGNS AND OUTDOOR ADVERTISING STRUCTURES
Sections:
10.56.010 Purpose.
10.56.020 Applicability and severability.
10.56.030 No discrimination against non-commercial speech.
10.56.040 Exempt signs.
10.56.050 Prohibited signs.
10.56.060 Permits required.
10.56.070 Sign design principles.
10.56.080 Rules for sign measurement.
10.56.090 Sign standards on developed sites by zone district.
10.56.100 Mixed-Use Overlay zone.
10.56.110 Freeway-Oriented Signs.
10.56.120 Pole signs.
10.56.130 Additional shopping center signs.
10.56.140 Temporary building sign standards.
10.56.150 Temporary freestanding sign standards.
10.56.160 Illumination standards for signs.
10.56.170 Sign regulations on undeveloped or developing sites.
10.56.180 Signs placed in windows.
10.56.190 Signs in public right-of-way.
10.56.200 Comprehensive master sign program.
10.56.210 Offsite temporary signs for residential subdivisions.
10.56.220 Historic signs.
10.56.230 Signs with manual changeable copy.
10.56.240 Signs with electronic changeable copy.
10.56.250 Digital display signs.
10.56.260 Flags and flagpoles.
10.56.270 Search lights and klieg lights.
10.56.280 Wall murals.
10.56.290 Off-premises signs in City right-of-way.
10.56.300 Non-conforming signs.
10.56.310 Billboards.
10.56.320 Maintenance of signs.
10.56.330 Hazardous signs.
10.56.340 Abandoned or obsolete signs.
10.56.350 Illegal signs.
10.56.360 Enforcement.
10.56.370 Definitions.
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10.56.010 Purpose.
A. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of Tulare, its residential neighborhoods, its downtown, and its commercial and industrial areas, while also providing an effective means for the public to express themselves through the display of signs. These regulations recognize both the importance of business activity to the economic vitality of Tulare and the need to protect the visual environment. Specifically, these regulations are intended to:
1. Provide standards to safeguard life, health, property, public welfare, and traffic safety by controlling the quality of materials, construction, illumination, size, location, and maintenance of signs and sign structures.
2. Ensure that the design of signs is compatible with the overall streetscape design and preserve the visual order and attractiveness of the city for residents, businesses, and visitors.
3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate, and with adjacent buildings and businesses.
4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, or create safety hazards or unreasonable distractions for pedestrians and drivers of vehicles.
5. Prohibit signs that may interfere with ingress and egress.
6. Provide adequate opportunity for the exercise of free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests.
7. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire.
B. It is the City of Tulare’s policy to regulate signs in a constitutional manner that is content neutral as to messages, which are within the protections of the First Amendment to the U.S.
Constitution and the corollary provisions of the California Constitution.
10.56.020 Applicability and severability.
This chapter regulates signs that are located or mounted within the jurisdictional boundaries of Tulare, California not otherwise regulated by State or federal law. The provisions in this chapter apply in all zoning districts within the City. No sign within the regulatory scope of this chapter shall be erected or maintained anywhere in the City of Tulare except in conformance with this chapter. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.
10.56.030 No discrimination against non-commercial speech.
Subject to the property owner’s consent, a non-commercial message of any type may be substituted, in whole or in part, for any commercial message or any other non-commercial message provided that the sign structure or mounting device is legal without consideration of message
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content. Such substitution of message may be made without any additional approval or permitting.
This provision prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular non-commercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.
10.56.040 Exempt signs.
A. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, provided that they conform to applicable standards:
1. One permanent sign per residence or business premises, mounted on a wall and not exceeding two square feet in area.
2. Street address numbers shall not count toward the number or amount of signage allowed on a site.
3. Barber poles, not exceeding 18 inches in height, located in a non-residential zone district, and containing no lettering.
4. Signs on vehicles, provided that the sign does not utilize changeable copy or special illumination.
5. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.
6. Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners provided or approved by the City for special civic events erected by the City, which may be displayed in public rights-of-way.
7. Memorial signs and plaques installed by a civic organization recognized by the Council.
8. Directional and/or information signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site, facilitate egress and ingress, or facilitate a public need, such as identification of restrooms, public telephones, walkways, and similar features and facilities. Directional signs shall not exceed four square feet in area.
9. Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way.
10. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way.
11. Signs fixed to mobile vending carts, up to a maximum of eight square feet of sign area.
12. Signs that are part of a vending machine, fuel pump, or similar structure.
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13. Signs mounted on carrier vehicles such as buses, taxicabs, mobile vendors, and limousines that legally pass through the City.
14. Window signs:
a. That conform to the standards of Section 10.56.180.
b. Not exceeding three square feet and limited to business identification, hours of operation, address, and emergency information including use permit information.
B. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.
C. This chapter shall not prohibit or limit a public agency (City, County, School District, etc.) from placing signs on their public property for a public purpose.
10.56.050 Prohibited signs.
The following signs shall be prohibited in all zones:
A. Signs located, placed, or erected in or upon any public right-of-way, except as specifically allowed by this chapter.
B. Any sign unlawfully installed, erected, or maintained.
C. Signs illuminated with red, green, or amber lights placed in such a position that it could reasonably be perceived to interfere with, or be confused with any official traffic control device, traffic signal, or official directional guide sign.
D. Signs placed within the “Corner Cutoff” area adjacent to a public street intersection as defined in Tulare Municipal Code Section 10.50.19, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.
E. Signs placed in a location that would prevent free ingress and egress from any door, window, or fire escape.
F. Outdoor advertising structures located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.
G. Building signs extending above the peak of a pitched roof, or the parapet line of a flat roof.
H. Reflecting, flashing, sparkling, glittering, twinkling, or shimmering signs.
I. Signs with open letters that can be viewed from the reverse side.
J. Streamers, balloons, blimps, or other floating, inflatable, or hanging devices secured with a rope or string, unless specifically permitted with a temporary use permit.
K. Signs located, placed, or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.
L. Signs placed on private property without permission of the property owner.
M. Non-conforming signs and sign structures associated with an activity, business, product, event, or service that has not been sold, produced, provided, or conducted on the premises for a period of 90 days.
N. Signs that revolve or are animated, except barber poles.
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O. Signs containing statements, words, symbols, or characters of an obscene nature. Obscene nature will be determined by the Director using the three-part obscenity test established in Miller v. California, 413 U.S. 15 (1973).
P. Signs emitting sound.
Q. Signs located within five feet of a fire hydrant, traffic control sign, or traffic signal.
R. Signs within 10 feet of a driveway or alleyway entrance or exit from the public street.
10.56.060 Permits required.
A. No sign shall be erected, altered, reconstructed, or relocated without a sign permit. A permit is not required for ordinary maintenance and repairs to signs and for temporary signs on private property that conform to the standards of this chapter. The Director will review all applications for sign permits for consistency with this chapter. Signs that do not conform may apply for a variance in accordance with Chapter 10.82.
B. Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit or license agreement by the City Engineer.
C. Consent of the property owner and business owner is required before any sign permit may be approved.
D. Appeals shall be processed in accordance with Chapter 10.70.
10.56.070 Sign design principles.
The following sign design principles should be used as criteria for the review and approval of sign permits and master sign programs. Applications for sign permits or master sign programs that are determined by the Director to be substantially inconsistent with these sign design principles may be denied.
A. Architectural Compatibility. A sign, including its supporting structure, if any, should be designed as an integral design element of a building’s architecture and be architecturally compatible, including color and scale, with any building to which the sign is to be attached. A sign that covers a window or that spills over “natural” boundaries or architectural features and obliterates parts of upper floors of buildings is considered detrimental to the visual order and attractiveness of the city. Common indicators of compatibility are quality sign design and construction, proportional size and scale, and use of materials, shapes, textures, and colors that complement the building’s architectural style and the surrounding environment.
B. Legibility. The size and proportion of the elements of the sign’s message, including logos, letters, icons, and other graphic images, should be based on the average distance and average travel speed of the viewer. Sign messages oriented toward pedestrians should typically be smaller than those oriented toward automobile drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background to be easily read during both day and night. Symbols and logos can be used in place of words. Signs deemed too difficult to read based on one or more of these criteria may be considered detrimental to public safety.
C. Placement. Often, a building’s architectural details create logical places for signage. Signs should not cover or interrupt architectural details or ornaments of a building’s façade. On buildings with a monolithic or plain façade, signs should establish or continue appropriate design rhythm, scale, and proportion. Well-designed and well-located retail signs create visual
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interest and continuity with other storefronts on the same or adjacent buildings. Signs deemed to be architecturally incompatible based on their placement on the building may be considered detrimental to visual order and attractiveness of the City. Signs should not obstruct windows or doors except as allowed by this chapter.
D. Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard, or other material subject to rapid deterioration can only be used for signs that comply with applicable requirements for temporary signs. Fabric signs are restricted to awnings, canopies, flags, temporary building signs, and temporary freestanding signs. Signs deemed to not be made of durable materials may be considered detrimental to both public safety and visual order and attractiveness of the City.
10.56.080 Rules for sign measurement.
A. For the purposes of this chapter, lot frontage shall be calculated as follows:
1. If a lot fronts on two streets (excluding alleyways), both frontages shall be used to determine the allowable sign placement area.
2. If a lot fronts on three or more streets (excluding alleyways), the length of only two contiguous sides shall be added together to determine allowable sign placement area.
B. The building frontage shall be the building facade in which main customer access is provided to the establishment. Building frontage is considered continuous if projections or recesses in the building facade do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the building frontage and allowable sign placement area shall be calculated separately for each building frontage. See Figure 10.56.080-1.
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Figure 10.56.080-1
Building Frontage Calculation Examples
C. The area of an individual sign shall be calculated as follows.
1. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color.
Supporting structures such as sign bases and columns are not included in the sign area provided that they contain no lettering or graphics.
2. Where two faces of a double-faced sign are located two feet or less from one another at all points or located at an interior angle of 45 degrees or less from one another, the sign area shall be calculated as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located more than two feet or 45 degrees from one another, both sign faces shall be counted toward the sign area.
3. On a three-faced sign, where at least one interior angle is 45 degrees or less, the sign area shall be calculated as the sum of the largest and the smallest face. In all other situations involving a sign with three or more sides, the sign area shall be calculated as the sum of all faces.
4. Three-Dimensional Signs. The size of signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or
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statue-like trademarks), shall be calculated as the square footage of the largest face of the smallest theoretical cube that would encompass the sign. See Figure 10.56.080-2.
Figure 10.56.080-2
Illustration of three-faced and three-dimensional signs D. The height of a sign shall be calculated as follows.
1. Building sign height. The height of a building sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign.
2. Freestanding sign height. The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right-of-way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the freestanding sign's overall height.
Freestanding signs oriented towards a freeway shall be measured from the site’s finished grade or pad, whichever is lower.
3. Freestanding sign height clearance. Sign clearance shall be measured as the smallest vertical distance between the finished grade and the lowest point of the sign, including any framework or other embellishments.
4. Shopping center signs. For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered as one site.
E. Illustrations of rules for sign measurement are shown in Figure 10.56.080-3. If an interpretation discrepancy exists between the illustrations and the text of this section, the text shall prevail.
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Figure 10.56.080-3
Illustration of Rules for Sign Calculation & Height Measurement
10.56.090 Sign standards on developed sites by zone district.
A. For the purpose of this chapter, signs are grouped into four types: permanent building signs, permanent freestanding signs, temporary building signs, and temporary freestanding signs.
Figure 10.56.090-1 illustrates the types of signs. The sign types are also defined in Section
10.56.370 Definitions.
B. This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located. New signs placed on private property shall conform to these standards.
1. Table 10.56.090-1 establishes sign standards for residential uses in all zones.
2. Table 10.56.090-2 establishes sign standards for commercial and office uses in residential zones.
3. Table 10.56.090-3 establishes sign standards for commercial and office uses in Commercial zones.
4. Table 10.56.090-4 establishes sign standards for commercial and office uses in the Downtown Overlay zone.
5. Table 10.56.090-5 establishes sign standards for commercial and office uses in the Public Lands and Parks and Recreation zones.
6. Table 10.56.090-6 establishes sign standards for commercial, office, and industrial uses in the Agricultural/Open Space zone.
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7. Table 10.56.090-7 establishes sign standards for commercial, office, and industrial uses in all industrial zones.
8. For the purpose of the tables identified in this section, uses that are not considered residential, office, or industrial shall be considered commercial uses. This includes public assembly and community uses.
9. Sign standards for uses within a Planned Unit Development overlay zone shall be those standards in the tables in this section established for the site’s base zoning. Special standards for signs may be established with the adoption of the Planned Unit Development overlay zone that modify and supersede the standards in this section.
Figure 10.56.090-1
Illustration of Types of Signs
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Table 10.56.090-1
Sign Standards for Residential Uses in all Zones
Use Type of Sign Number of Signs Maximum Size
of Sign Face
Maximum
Sign
Placement
Type of Illumination
Applicable zone districts: All zones (Rural Residential, Residential Estate, Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Office Commercial, Retail Commercial, Service Commercial, Public Lands, Parks and Recreation, Agricultural/Open Space, Light Industrial, and Heavy Industrial)
One to
four
residences
on the
parcel
Permanent
Building Sign 1 per residence 2 square feet 8 feet
External illumination or
internal illumination
allowed in accordance with
Section 10.56.160
Permanent
Freestanding
Sign
No permanent
freestanding signs
allowed
N/A N/A N/A
Temporary
Building Sign 1 per parcel 12 square feet
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
Up to 1 per unit on the
property
Up to 4 square
feet
Up to 2 feet
high No illumination
More than
four
residences
on the
parcel
Permanent
Building Sign
1 for each street
frontage that is longer
than 25 feet, up to a
maximum of 2 signs,
plus 1 additional sign
if cumulative street
frontage is more than
400 feet
24 square feet
per sign
20 feet above
base of
building
External & internal
illumination allowed in
accordance with Section
10.56.160
Permanent
Freestanding
Sign
1 per public driveway
entrance. The sign
must be a monument
sign.
24 square feet
6 feet
except no
higher than 4
feet if it is
inside the
Corner Cutoff
Area
External & internal
illumination allowed in
accordance with Section
10.56.160
Temporary
Building Sign Up to 2 per parcel
16 square feet
cumulative of all
temporary signs
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
Up to 5 per parcel
1 sign up to 16
square feet, all
others up to 4
square feet
1 sign up to 5
feet high, all
others up to 3
feet high
No illumination
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Table 10.56.090-2
Sign Standards for Commercial and Office Uses in All Residential Zones Use Type of
Sign Number of Signs Maximum Size
of Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Rural Residential, Residential Estate, Low Density Residential, Medium Density Residential, and High Density Residential
Commercial
and office
uses*
Permanent
Building
Sign
1 per building
frontage
1 square foot per
lineal building
frontage on the
main frontage,
and 1/2 square
foot per lineal
building frontage
on other allowed
building frontages
2 feet below
height of
building
wall
External & internal
illumination allowed
in accordance with
Section 10.56.160
Permanent
Freestanding
Sign
1 per parcel. The sign
must be a monument
sign.
24 square feet
6 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
External & internal
illumination allowed
in accordance with
Section 10.56.160
Temporary
Building
Sign
1 sign regardless of
number of residential
units on the parcel
4 square feet
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
1 per parcel 4 square feet 3 feet high No illumination
*Does not apply to Home Occupations
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Table 10.62.090-3
Sign Standards for Commercial and Office Uses in Commercial zones Use Type of
Sign Number of Signs Maximum Size of Sign
Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Neighborhood Commercial, Office Commercial, Retail Commercial, and Service Commercial
Commercial
and office
uses
Permanent
Building
Sign
No maximum
number.
1.5 square foot per 1 lineal
foot on the main building
frontage up to a maximum
of 500 square feet, and 1/2
square feet per 1 lineal foot
on other allowed building
frontages up to a maximum
of 300 square feet
2 feet below
height of
building
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Signs
*See notes
below.
1 per each street
frontage longer
than 25 feet
40 square feet per face.
8 feet except
no higher
than 4 feet if
it is inside
the Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Building
Sign
1 for each business
establishment or
separate use with
an exterior building
wall
16 feet per sign
2 feet below
bottom of
roofline or
parapet
External
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Freestanding
Sign
1 for each business
establishment or
separate use with
an exterior building
wall; if there are
more than 4
businesses on the
site, then 1
additional sign for
every street
frontage
4 square feet for each
separate business; 32 square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign; 8 feet
for the 1
additional
sign for each
street
frontage
External
illumination
allowed in
accordance
with Section
10.56.160
NOTE: In addition to the above, “Pole Signs” and “Shopping Center Signs” are allowed per the provisions of Section 10.56.120 and 10.56.130.
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Table 10.56.090-4
Sign Standards for Commercial and Office Uses in the Downtown Design Overlay Zone Use Type of
Sign Number of Signs Maximum Size of
Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Downtown Design Overlay zone Commercial
and office
uses, i.e., all
nonresidential
uses
Permanent
Building
Sign
1 per tenant
on building frontage
that does not face a
residential use
(excluding blade
signs). New can or
cabinet signs are not
allowed as a sign type.
1 square foot per 1
lineal foot of building
up to a maximum of
75 square feet;
1 foot below
height of
building
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Sign
No permanent
freestanding signs
allowed
No permanent
freestanding signs
allowed
No
permanent
freestanding
signs
allowed
No permanent
freestanding
signs allowed
Temporary
Building
Sign
1 per tenant 16 square feet
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
1 per tenant; sign type
limited to A-frame or
structurally similar
type of sign placed on
the site or adjacent
sidewalk within 15
feet of the building
entrance; sign shall be
placed so that a
minimum 4-foot-wide
pedestrian path of
travel is maintained on
the sidewalk
4 square feet per side 6 feet
External
illumination
allowed in
accordance
with Section
10.56.160
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Table 10.56.090-5
Sign Standards* for Commercial and Office Uses in Public Lands and Parks and Recreation zones
Use Type of
Sign Number of Signs Maximum Size of Sign
Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Public Lands and Parks and Recreation Commercial
and office
uses
Permanent
Building
Sign
1 per building
plus 1 for each
tenant with more
than 20 feet of
building frontage.
New can or
cabinet signs are
not allowed as a
sign type.
35 square feet per sign, or
50 square feet if two or
more allowed signs are
combined into 1 shared sign
4 feet below
height of
building
External
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Sign
1 per driveway
entrance.
The sign must be
a monument sign.
24 square feet
6 feet except
no higher
than 4 feet
unless it is
outside the
Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Building
Sign
No specific limit
– As needed to
perform public
functions
No specific limit – As
needed to perform public
functions
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
No specific limit
– As needed to
perform public
functions
No specific limit – As
needed to perform public
functions
No specific
limit – As
needed to
perform
public
functions
No
illumination
*Standards do not apply to City of Tulare signage.
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Table 10.56.090-6
Sign Standards for Commercial, Office, and Industrial Uses in the Agricultural/Open Space Zone
Use Type of
Sign
Number of
Signs
Maximum Size of Sign
Face
Maximum
Sign Height
Type of
Illumination
Applicable zone districts: Agricultural/Open Space
Commercial,
office, and
industrial
uses
Permanent
Building
Sign
1 per building 25 square feet 8 feet
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Sign
1 per parcel.
The sign must be
a monument
sign.
24 square feet
6 feet except
no higher
than 4 feet if
it is inside
the Corner
Cutoff Area
External
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Building
Sign
1 for each
business
establishment or
separate use with
an exterior
building
16 square feet per sign
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
1 for each
business
establishment or
separate use with
an exterior
building wall. If
there are more
than 4 businesses
on the site, then
1 additional sign
for every street
frontage.
4 square feet for each
separate business. 32square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign. 8 feet
for the 1
additional
sign for each
street
frontage
No
illumination
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Table 10.56.090-7
Sign Standards for Commercial, Office, and Industrial Uses in All Industrial Zones Use Type of
Sign
Number of
Signs
Maximum Size of Sign
Face
Maximum
Sign Height
Type of
Illumination
Applicable zone districts: Light Industrial, Heavy Industrial Industrial,
Commercial,
and office
uses, i.e., all
non-residential
uses
Permanent
Building
Sign
Up to 3 per
building
1 square foot for each lineal
foot of street frontage up to
a maximum of 500 square
feet; maximum size is for
the sum of all signs
2 feet below
height of
building
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Sign
1 per driveway
entrance.
The sign must
be a monument
sign.
24 square feet
10 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Building
Sign
1 for each
business
establishment
or separate use
with an exterior
building wall
16 square feet per sign
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
1 for each
business
establishment
or separate use
with an exterior
building wall; if
there are more
than 4
businesses on
the site, then 1
additional sign
for every street
frontage
4 square feet for each
separate business; 32 square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign; 8 feet
for the 1
additional
sign for each
street
frontage.
No
illumination
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10.56.100 Mixed-Use Overlay zone.
A. The sign standards for non-residential uses in Section 10.56.090 are superseded by this section for parcels located within the Mixed-Use Overlay zone.
B. In place ofsigns allowed in Section 10.56.090, this section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for non-residential uses in the Mixed-Use Overlay zone. Table 10.56.100-1 establishes specific regulations for nonresidential uses for permanent building signs, permanent freestanding signs, temporary building signs, and temporary freestanding signs.
C. In addition to signs allowed in Section 10.56.090, one additional permanent building sign oriented to pedestrians may be allowed up to 10 square feet. The sign type is limited to a projecting sign or an arcade or hanging sign. A minimum 8-foot clearance shall be provided under signs hanging over pedestrian paths of travel.
D. In addition to signs allowed in Section 10.56.090, window signs placed on the inside of the window are allowed. Signs shall not cover more than 20 percent of the window.
E. Blade signs are counted towards the maximum allowed permanent building sign area for a particular parcel. Blade signs may be permitted in the Mixed-Use Overlay zone, by an application for administrative staff review through the planning department, if the following requirements are met:
1. A blade sign must have a vertical clearance of eight feet above the sidewalk or other public right-of-way and cannot exceed a height of more than six feet above the height of the entryway of the building on which the sign is mounted or as otherwise approved by the planning commission through the approval of a comprehensive master sign program.
2. A blade sign shall not exceed five square feet of signage per side, shall be placed at least six inches away from the building wall and the edge of the sign nearest the building, and shall not project more than 42 inches from the building wall on which it is mounted.
3. A blade sign must be attached by a wrought iron or similar metal framework to the building wall. Materials, color, and arrangement of the sign shall be compatible and consistent with the building and neighboring structures.
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Table 10.56.100-1
Sign Standards for Non-residential uses in the Mixed-Use Overlay Zone Type of
Sign Number and Type of Signs Maximum Size of Sign Face Maximum Sign Height
Type of
Illumination
Applicable to non-residential uses in Mixed-Use Overlay zone.
Permanent
Building
Sign
Maximum size of sign per
frontage is cumulative and
may be 1 sign or divided into
multiple signs. New can or
cabinet signs are not allowed
as a sign type. Signs may
include awning signs, blade
signs in accordance with
Section 10.56.100(E), or
canopy-mounted signs
1 square foot per 1 lineal foot
of building frontage if a multistory building contains nonresidential uses in one of the upper floors, the maximum
sizes shall be increased by 50
percent
2 feet below
the roofline
or parapet
for singlestory
buildings;
No more
than 15 feet
above the
roofline for
multi-story
buildings
Internal
illumination
allowed in
accordance
with Section
10.56.160
Permanent
Freestanding
Sign
1 permanent freestanding signs
allowed only if the building
does not directly front on the
public sidewalk
24 square feet
6 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
Internal
illumination
allowed in
accordance
with Section
10.56.160
Temporary
Building
Sign
1 per business; all corners of
the signs shall be attached to
the building
16 square feet
2 feet below
the roofline
or parapet
for singlestory
buildings;
30 feet for
multi-story
buildings
No
illumination
Temporary
Freestanding
Sign
1 per business; sign type
limited to A-frame or
structurally similar type of
sign placed on the site or
adjacent sidewalk within 15
feet of the building entrance;
sign shall be placed so that a
minimum 4-foot-wide
pedestrian path of travel is
maintained on the sidewalk
4 square feet per side 6 feet No
illumination
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10.56.110 Freeway-Oriented Signs.
A. The sign standards in Section 10.56.090 are modified in accordance with this section for parcels with a commercial use located within 300 feet of Highway 99 (State Route 99) rightof-way in the C-3, C-4, M-1, or M-2 zone with approval of a conditional use permit.
B. Establish a pole sign or a pylon sign consistent with the following standards:
1. There shall be a maximum of one such pole or pylon sign per parcel.
2. The sign shall have a maximum of two sides.
3. The sign area permitted is generally two square feet of area per lineal foot of parcel frontage facing towards the highway but shall be approved by the Planning Commission with a maximum of 500 square feet.
4. The maximum height shall be approved by the Planning Commission but not to exceed 100 feet measured from the crown of the highway (facing perpendicular to the site of the sign) when the crown of the highway is above ground level of the sign, otherwise, the sign height is measured from ground level at the site of the sign.
5. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 40 feet from any residential zone district.
7. The sign shall be located in a landscaped planter at least three feet wider than the base of the sign on all sides. The planter may encroach into the required minimum sign setback areas.
C. In lieu of the single sign allowed in subsection B above, up to six multiple commercial uses that are located on the same parcel or uses that are located on adjacent parcels may, upon issuance of a freeway-oriented sign permit, establish a pylon sign consistent with the following standards:
1. There shall be a maximum of one pylon sign per parcel.
2. The sign shall have a maximum of two sides.
3. The maximum combined size shall be 100 square feet per commercial use per side.
4. The maximum height shall be approved by the Planning Commission but not to exceed 100 feet measured from the crown of the highway (facing perpendicular to the site of the sign) when the crown of the highway is above ground level of the sign, otherwise, the sign height is measured from ground level at the site of the sign.
5. The sign shall be set back a minimum of 15 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 80 feet from any residential zone district.
7. Signs 70 feet in height or greater shall contain a City of Tulare identification. The design of the identification shall be approved by the Planning Commission.
8. The sign shall be located in a landscaped planter at least five feet wider than the base of the sign on all sides. The planter may encroach into the required minimum sign setback areas.
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D. Freeway-oriented signs may be internally lit but shall not be externally lit. Signs must be compliant with all applicable California Department of Transportation (CALTRANS) regulations and Chapter 2 of the California Manual on Uniform Traffic Control Devices (MUTCD) which contains guidance for signs on highways and private roads.
10.56.120 Pole signs.
A. The sign standards in Section 10.56.090 are modified in accordance with this section to allow for a pole sign for parcels with a commercial use located in the C-1, C-2, C-3, C-4, M-1, M-2, or PL zone in the following circumstances:
1. Any parcel with 200 feet or more of street frontage.
2. An office complex with eight or more suites.
3. A shopping center with more than four tenants that does not qualify for an additional shopping center sign as outlined in Section 10.56.130.
4. A pole sign may be permitted as part of a master sign program as outlined in Section
10.56.200.
B. Pole signs are subject to the following standards:
1. Maximum height of twenty feet.
2. Maximum size of one square foot of sign area for each linear feet of parcel frontage.
3. No pole sign may be erected closer than five feet to any property line or closer than five feet to any driveway, alley or point of ingress/egress.
10.56.130 Additional shopping center signs.
A. Shopping centers or office complexes with a mix of retail and/or professional office tenants having a combined total of 25,000 square feet or more of gross floor area and located within a commercial zone may be allowed an additional permanent freestanding or permanent building sign beyond what is allowed in Section 10.56.090 if the sign conforms to the following provisions:
1. The shopping center sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is not counted as part of the overall sign area permitted by Table 10.56.090-3. The area of the name of the shopping center is in addition to the permitted copy area. Only advertising for businesses located on the parcel is allowed.
2. The sign may be illuminated unless adjacent to residential uses, in which case the Director may require conditions on the type of illumination to protect against negative effects on the adjacent residential uses. The sign must be constructed of a material that is compatible with the texture and materials of the shopping center buildings. Individual letters and logos may be internally illuminated.
3. Materials, color, and arrangement shall be compatible and consistent with the shopping center buildings.
4. A maximum of two shopping center signs on one arterial street may be allowed. At least 400 feet of combined arterial street frontage is required to qualify for one sign, except that shopping centers existing at the time of adoption of this section meeting all other
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requirements of this section are not bound by this requirement. An additional 800 feet of frontage is required for a second sign.
5. The maximum height and size allowances for shopping center signs are determined by zone. See Table 10.56.130-1 below:
Table 10.56.130-1
Shopping Center Sign Size
Neighborhood Commercial/
Downtown Commercial/Mixed-Use
Overlay zone
Service Commercial/
Retail Commercial zone
Maximum Height (as
measured from top of
sidewalk or curb)
12.5 feet plus 2 feet for
appurtenances
25 feet high plus 3 feet for
appurtenances
Structure Area
12.5 feet high maximum by 8 feet
wide maximum. 100 square feet per
face maximum.
20 feet high maximum by 13 feet
wide maximum. 260 square feet per
face maximum.
Sign Area 50% of Structure Area, not to exceed
50 square feet per face
50% of Structure Area, not to exceed
130 square feet per face
6. A minimum of 10 square feet is required for each tenant displayed on a shopping center sign.
7. The width of the foundation base of a shopping center permanent freestanding sign shall be a minimum of 80 percent of the sign face.
8. The sign structure shall have a minimum three-foot setback from any property line.
9. A building permit application to construct a shopping center sign shall be signed by all property owners of the shopping center.
B. With the adoption of a comprehensive master sign program in accordance with Section
10.56.200, a shopping center or office complex with a mix of retail and/or professional office tenants may be eligible for “bonus” sign area greater than allowed under an overall sign area permitted by Section 10.56.090.
1. A “bonus” of up to 30 percent shall be granted if a permanent copy is included on the shopping center sign that states “City of Tulare,” “Welcome to Tulare,” or equivalent language, as approved by the Planning Commission.
2. A “bonus” of up to 60 percent may be granted, pending approval by the planning commission, if enhanced design features (such as additional landscaping, water features, decorative artwork, seating areas, etc.) are incorporated into the shopping center.
3. A “bonus of up to 70 percent may be granted if the criteria of both “a” or “b” above are met.
4. A “bonus” that would allow a “changeable copy sign” of no more than 50 percent of the total sign area to be incorporated into the shopping center sign; and if the owner agrees to allow the City to advertise City or community/City-sponsored events, at the discretion of
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the City, on the sign on a continuous and ongoing basis as part of a continuous rotation of advertising or as otherwise defined by the Planning Commission. The Planning Commission may increase the total sign area and/or reduce the amount of City advertising for unique circumstances, such as motion picture/performing arts theaters. Other than those City events above, the changeable copy sign shall not advertise any business, commodity, service, industry, or other activity, that is not sold, offered, or conducted on the premises upon which the sign is located or affixed.
5. A “bonus” consisting of an increased maximum allowable height of a shopping center sign, not to exceed 50 percent of the maximum allowable height spelled out in Table 10.56.130- 1, may be granted, pending approval by the Planning Commission, if the criteria for either “a” or “b” above are met and/or if the shopping center is located on the corner of two arterial streets, as defined in the Tulare General Plan.
10.56.140 Temporary building sign standards.
A. Temporary building signs in non-residential zones shall only be allowed for a total of three months in any 12-month period for any single parcel or business.
B. Temporary building signs in non-residential zones over four square feet in size that will be in place for more than 30 days shall require a temporary sign permit. With such a permit, the signs may be up to 30 square feet in size and may be in place for up to six months.
C. Feather banners, balloons, and banners shall not be used as permanent signs.
D. Temporary building signs shall not be internally illuminated.
10.56.150 Temporary freestanding sign standards.
A. Feather banners are not to be on display in excess of 20 days per year.
B. Feather banners and balloons shall not be used as permanent signs.
C. Banners and feather banners shall be constructed of durable, weather-resistant materials not subject to rapid deterioration or fading and shall be professional in appearance. Acceptable materials include but are not limited to vinyl, nylon-reinforced vinyl, polyethylene or polyester-like materials, or durable fabric.
D. A balloon or blimp, not to exceed 20 feet in length and five feet in width or diameter may be utilized by a business not to exceed 15 days per quarter with a minimum 30-day break in between. The balloon or blimp must be connected to a cord or cable so that it does not exceed 100 feet from the ground to the top of the balloon/blimp. A permit shall be obtained from the Planning and Building Department prior to the use of any balloon/blimp. The applicant for use of a balloon/blimp shall assume all liability associated with its use. The requirement for a permit shall not apply to special public events such as the Farm Show and County Fair.
E. Temporary freestanding signs in non-residential zones shall not be placed in the following locations:
1. In any public right-of-way, including sidewalks, except as allowed by Section 10.56.090 in the Downtown Overlay zone and Section 10.56.100 in the Mixed-Use Overlay zone.
2. In parking lot driving lanes, drive aisles, or parking spaces.
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3. On multi-use trails or sidewalks on private property if they would block a four-foot-wide pedestrian path of travel.
4. Any location where the sign would block the pedestrian path of travel or access to a building or reduce a pedestrian path of travel to less than four feet wide.
5. Within 20 feet on either side or in front of a permanent freestanding sign.
6. Within 20 feet of an adjoining property line.
7. Within 20 feet from any other temporary freestanding sign.
8. Within five feet of a public right-of-way.
F. Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, without limitation, wood, plastic, or metal. Freestanding signs placed on hard surfaces in conformance with this chapter are exempt from this subsection provided they have a weight and mass that makes them difficult to inadvertently move and they do not block a four-foot-wide pedestrian path of travel, do not have any motorized or another such mechanism to cause them to move or flutter, and are only displayed between one hour before and one hour after the site’s establishment is open for business.
10.56.160 Illumination standards for signs.
The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:
A. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign. Light sources shall be shielded from all adjacent buildings and streets. The lighting shall not create excessive glare to pedestrians and/or motorists and will not obstruct traffic control or any other public informational signs.
Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.
1. Illumination of signs shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.
2. Signs in residential zones may only be indirectly illuminated by a concealed light source, shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m., and shall not flash, blink, or fluctuate. Illuminated signs in residential zones must also be located on an Arterial or collector street.
B. Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face. Internally illuminated signs shall only be located on arterial or collector streets. Internally illuminated signs must not be located within 100 feet of a residential zone.
C. Light sources for externally illuminated signs shall meet the following standards:
1. Low-pressure sodium lighting is the preferred light source to minimize undesirable light in the night sky.
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2. High-pressure sodium, metal halide, fluorescent, quartz, LED, and incandescent light sources shall be fully shielded.
3. Metal halide and fluorescent light sources shall be filtered. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
4. Mercury vapor light sources shall be prohibited.
D. External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed nor pass through a public right-of-way.
10.56.170 Sign regulations on undeveloped or developing sites.
A. Undeveloped sites shall be allowed a maximum of two temporary freestanding signs with a maximum size of 32 square feet each. The maximum height shall be 10 feet. Signs shall be set back at least 10 feet from all property lines and the public right-of-way. Illumination of the sign is prohibited.
B. Developing sites, i.e., construction sites, shall be allowed a maximum of two temporary freestanding signs or temporary building signs with a maximum size of 32 square feet each.
The maximum height shall be 10 feet. Signs shall be set back at least 10 feet from all property lines and the public right-of-way. Illumination is prohibited. Temporary signs that are not visible from any public right-of-way shall not be counted in the maximum number or size of signs.
C. In addition to any sign permitted pursuant to subsection B above, residential subdivision sites where 10 or more new residences are offered for sale shall be allowed one temporary building sign or freestanding sign of a maximum size of 32 square feet. Illumination of the sign is prohibited. The maximum height shall be 10 feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision provided that they are not visible from outside the residential subdivision and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic.
D. Construction locations (example: remodel of a building) Signs may be placed during a construction event pursuant to the conditions of a permit issued by the City on the lot.
Construction events begin on the date of the local structural permit approval and end on the date the permit is final or expires.
10.56.180 Signs placed in windows.
A. Signs affixed to windows shall not cover more than 20 percent of each window and shall be placed so that there is an unobstructed view of the interior of the premises.
B. Signs in windows shall not be counted toward the maximum allowable temporary or permanent building sign size.
10.56.190 Signs in public right-of-way.
Only a governmental agency with authority over public right-of-way may place signs in the public right-of-way, with the following specific exceptions:
A. Building signs may be located in the Downtown Overlay zone that projects into the public right-of-way, provided that the width of the projecting sign is a maximum of four feet and that
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the bottom of the sign is eight feet above the sidewalk or finished grade below it. An encroachment permit or licensing agreement is required.
B. Building signs located on or under awnings in the Downtown Overlay zone that meet the provisions of this chapter.
C. Temporary freestanding signs placed on the public sidewalk in the Downtown Overlay zone or the Mixed-Use Overlay zone that meet the provisions of this chapter and when a minimum four-foot-wide clear path of travel is provided.
D. Government agencies, public institutions, and non-profit organizations may place banners on existing light poles in the public right-of-way, subject to an administrative use permit issued by the Development Services Director and, if deemed necessary, an encroachment permit/license agreement issued by the City Engineer.
10.56.200 Comprehensive master sign programs.
A. The purpose of the comprehensive master sign program provisions is to provide a coordinated and flexible design approach to signage for Tulare’s commercial districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three commercial establishments in a shopping center, industrial park, or office park.
B. The comprehensive master sign program shall consist of all permanent building signs and permanent freestanding signs on the premises that can be viewed from a public street. The comprehensive master sign program shall establish a comprehensive design theme and set forth size, location, illumination, materials, and other design requirements for all signs.
C. A comprehensive master sign program may be approved by the Community Development Director as an administrative use permit. The Planning Commission may approve a master sign program when it is proposed with a development project that requires a conditional use permit if the information is available at the time of conditional use permit issuance. Otherwise, the Director may approve with an administrative use permit.
D. A comprehensive master sign program shall not be used to grant a special privilege nor provide more visibility or exposure than is available to similarly situated properties.
E. Comprehensive master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.
F. Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.
G. After approval of a comprehensive master sign program, no sign shall be erected, placed, painted, or maintained, except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.
H. The master sign program and all conditions of approval applicable to a site shall be included with lease agreements for all leasable space subject to the comprehensive master sign program.
I. Approval of a comprehensive master sign program does not waive the permit requirements for individual signs that are subject to the program.
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J. The Community Development Director may approve amendments to a comprehensive master sign program or at the Director’s discretion, may be referred to the original approving body.
K. Proposed amendments to a comprehensive master sign program shall include written concurrence by the affected property owners.
10.56.210 Offsite temporary signs for residential subdivisions.
A. Residential subdivision sites where 10 or more new residences are offered for sale shall be allowed up to four offsite temporary freestanding signs with a size not to exceed 32 square feet each and a height not to exceed 10 feet. Signs shall be located on private, non-residential zoned parcels, or on private, residential zoned parcels that are part of a residential subdivision under construction, vacant, and otherwise free from any structures or buildings. Banners and flags with or without an advertising message shall not be permitted offsite.
B. In addition to any sign permitted pursuant to subsection A above, up to four non-illuminated offsite temporary freestanding signs in an A-frame configuration, with a size not to exceed 12 square feet per face or four feet in height, may be permitted per residential subdivision. Aframe signs shall be located on private, non-residential property or on public property behind any existing sidewalks, and in such a manner so as not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic. A-frame signs may only be displayed during operating hours for the residential subdivision sales office and shall be located no further than 1,500 feet from the subject residential subdivision entry.
10.56.220 Historic signs.
A. Notwithstanding any other provision of this chapter, a sign which has been designated a historic resource shall not be subject to the requirements of this chapter, other than the requirement to obtain applicable building permits.
B. The Planning Commission may allow or require specific refurbishment or alteration of the sign designated as a historic resource. The applicant shall provide illustrations to satisfactorily describe how the sign will look after refurbishment.
C. The Planning Commission may approve a change to the sign copy of a sign designated as a historic resource if it finds that the sign will retain its general historic appearance.
10.56.230 Signs with manual changeable copy.
A. Manual changeable copy is allowed on signs in residential zones or in conjunction with residential uses in non-residential zones. (Examples of uses that may need such signs are public assembly, schools, multi-family, etc.)
B. Manual changeable copy shall represent no more than 20 percent of the total allowable sign area on commercial signs in commercial or industrial zones.
C. This section shall not apply to signs that indicate the price of motor vehicle fuel in conformance with the State Business and Professions Code that otherwise are in conformance with the other sections of this title. Motor vehicle fuel price signs in conformance with State law shall be allowed and are exempt from size, height, and other requirements in this Ordinance that might interfere with them meeting the requirements of State law as regards to visibility, the prices being posted for all fuel types, the prices being visible from the public rights-of-way.
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10.56.240 Signs with electronic changeable copy.
A. Electronic changeable copies may be allowed on signs in residential zones or in conjunction with residential uses in non-residential zones. (Examples of uses that may need such signs are public assembly, schools, multi-family, etc.)
B. Electronic changeable copy is allowed as a display medium on freestanding signs in the commercial and industrial zone districts if the sign face changes less than once per minute.
This includes signs that indicate the price of motor vehicle fuel in conformance with the State Business and Professions Code that otherwise are in conformance with the other sections of this title.
C. Electronic changeable copy is allowed as a display medium on freestanding signs with a conditional use permit issued pursuant to this title where the electronic copy changes more than once per minute.
D. Signs with an electronic changeable copy shall meet the following standards:
1. The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.
2. The electronic sign face shall be an integral part of the remainder of the sign area.
3. Electronic copy shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.
4. No portion of the electronic changeable copy shall change more frequently than once per minute. The maximum electronic changeable copy can be allowed once every eight seconds with an administrative use permit. Scrolling, flashing, or other moving messages are not allowed.
5. The electronic sign shall not emit any audible sound, buzz, or noise.
6. Sign copy or electronic picture displays shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 10.56.030.
7. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.
10.56.250 Digital display signs.
A. Digital display signs are allowed on freestanding signs with a conditional use permit issued pursuant to this title.
B. Digital display signs shall meet the following standards:
1. The digital display sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.
2. The digital display sign face shall be an integral part of the remainder of the sign area and shall be framed with a sign structure border that is a minimum of three inches wide around the edge of the digital display area.
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3. The digital display sign shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.
4. No portion of the digital display sign face shall change more frequently than once every eight seconds. No portion of the digital display sign face shall flash, blink, or include a video display.
5. The electronic sign shall not emit any audible sound, buzz, or noise.
6. Sign copy shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section
10.56.030.
7. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.
10.56.260 Flags and flagpoles.
A. Flags that do not include commercial advertising on flagpoles shall not count toward the maximum sign area.
B. Flagpoles shall not be located within any required interior side or rear building setback areas.
Flagpoles may be mounted on the ground or on the roof or wall of a building.
1. The maximum height of a flagpole shall be as follows:
2. Flagpoles located in residential zone districts shall have a maximum height of 35 feet.
3. Flagpoles located in non-residential zones shall have a maximum height of 50 feet if mounted on the ground, or 20 feet plus the height of the building if mounted on a building.
The maximum height may be increased to 100 feet if the flagpole is located at least 200 feet from any property line or public right-of-way.
C. Flags may be illuminated, provided the lighting is energy-efficient, stationary, and spotlighted only on the flag. Lighting shall not spill onto adjoining properties or the public rights-of-way and shall be turned off when the flag is not present.
10.56.270 Search lights and klieg lights.
Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a temporary use permit for a special event.
10.56.280 Wall murals.
The City Council, Planning Commission, or other Commission may authorize a wall mural. When authorized, a mural would not be considered a sign for the purposes of this chapter. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity. Wall murals are subject to the following:
A. Murals shall be located on the sides of buildings and walls within the Downtown District and any other commercially or industrially zoned property within the City of Tulare.
B. Prior to painting, installation, and execution of a mural, an application shall be submitted to the Community Development Department. The application shall include a detailed drawing or
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sketch of the mural plus other details as prescribed on the application or deemed by Community Development Department staff to be pertinent. The Community Development Department shall forward the application, with a recommendation to the Community Development Director, Tulare Downtown Association Director, and Executive Director Economic Development & Redevelopment, hereinafter known as the Mural Committee (MRC). The MRC shall review and approve or deny the application as submitted or approve the submitted application subject to modifications.
C. Less than five percent of the size of the mural may be used to identify the sponsor of the mural.
D. Mural design amendment.
1. Prior to amending an approved mural design (whether painted or not painted), that has been approved by the MRC an application for an amendment shall include a detailed drawing or sketch of the mural, plus other details as prescribed on the application or deemed by Community Development Department staff to be pertinent.
2. The Community Development Department shall forward the application, with a recommendation, to the MRC. The MRC shall review and approve or deny the application as submitted or approve the submitted application, subject to modifications.
E. In the case that a mural is specifically identifying, advertising, or drawing attention to a particular business, the mural would be counted toward the allowable signage area for the business or activity and shall be subject to a sign permit.
F. Criteria for design of murals. The following criteria shall apply to the design of murals submitted for approval:
1. The subject matter shall be of historical significance regarding the growth and development of the City of Tulare and its surrounding environs or be of such high quality as to be appropriate.
2. The paint to be used shall be appropriate for use in an outdoor locale, for an artistic rendition, and shall be of a permanent, long-lasting variety.
3. The mural shall be designed and painted by qualified mural artists with sufficient knowledge in the design and painting of such projects and the application of paints for such projects.
4. To the extent feasible, the mural shall be vandal and graffiti-resistant.
G. Approval of a mural design shall occur only after public notice is posted at City Hall and an opportunity is provided to any interested party to present any appropriate comments, considerations, and/or concerns, either in writing or orally, to the MRC.
H. Any interested party may appeal a decision of the MRC regarding a mural application. The appeal must be in writing and must be received by the Community Development Department within five days of the action by the MRC. The appeal shall be considered by the City Council, following a notice posted at City Hall and a hearing before the City Council. Action of the City Council shall be considered final.
I. Violation of this chapter shall constitute a misdemeanor punishable by a fine of not more than $500 or by imprisonment in the Tulare County Jail not to exceed six months, or by both such fine and imprisonment.
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10.56.290 Off-premises signs in City right-of-way.
Notwithstanding any other provisions of this title, the City Council may approve, through a special right-of-way leasing agreement, the erection of an off-premises sign within the City right-of-way.
It must be deemed under the City Council to provide community benefit as defined and be under all the following circumstances:
A. The sign shall be for a land use that addresses specific community benefits or priorities (i.e., the provision of groceries in a USDA-defined “food desert,” affordable housing, the provision of needed services within an income-qualified Census Tract, etc.).
B. The size, location, height, and other design standards for the sign shall be determined on a case-by-case basis through the licensing agreement.
C. The sign may incorporate a “changeable copy sign” of no more than 50 percent of the total actual sign area unless otherwise approved by the City Council.
D. The owner of the land use that provides the community benefits shall erect the sign and maintain it at their sole expense.
E. The owner shall agree to allow the City to advertise City or community/City-sponsored events or emergency messages (traffic advisories, amber alerts, etc.), at the discretion of the City, on the sign on a continuous and ongoing basis as part of a continuous rotation of advertising or as otherwise defined by the City Council.
F. Other than those City events above and the land use above that provides community benefits, the changeable copy sign shall not advertise any business, commodity, service, industry, or other activity that is not sold, offered, or conducted on the premises upon which the sign is located or affixed.
10.56.300 Non-conforming signs.
A. A sign of any character lawfully occupying a site prior to the adoption of this chapter or on the effective date of applicable amendments to this chapter that, as a result of the adoption or amendment to, does not conform with the standards for the zone in which it is located, shall be deemed to be a non-conforming sign, and may be displayed and maintained in said zone subject to the following provisions:
1. Non-conforming signs in existence beyond what provisions are provided for in subsection A above, are hereby declared illegal signs and a public nuisance and shall be abated as provided for in Chapter 10.92 Property Maintenance and Abatement Procedures.
2. Modifications to non-conforming signs may be allowed if they do not increase the nonconformance, are not structurally altered so as to extend its useful life, are not expanded, moved, or relocated.
3. Sign copy and sign faces may be changed on non-conforming signs when there is no change in use of the site or when only a portion of a multiple-tenant sign is being changed.
4. A requirement for a non-conforming sign to be removed or altered so as to comply with the requirements of this Ordinance may be imposed as a condition on the approval of a subdivision, conditional use permit, variance, or other discretionary development approval.
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conforming sign as a condition of approval when in conjunction with a substantial improvement of said property.
5. Legal non-conforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal non-conforming freestanding signs prevent the installation of conforming wall signs.
6. Legal non-conforming signs shall be made to conform with this chapter when there is an improvement or expansion of 25 percent of the assessed valuation of the site on which the sign is located.
10.56.310 Billboards.
A. Billboards may be permitted with a conditional use permit issued pursuant to this title.
B. Billboards shall meet the following standards:
1. Maximum height: Not to exceed 70 feet.
2. Permitted zones: M-l. M-2, C-3, and C-4.
3. Location: Within 300 feet of State Route 99, south of Paige Avenue and north of Cartmill Avenue.
4. Density: Billboards are to be located no closer in distance than 1000 feet apart, irrespective of ownership.
5. Billboards shall not be located in, nor project over public property or public right-of-way.
6. The sign shall be set back a minimum of 500 feet from any residential zone district.
7. The sign shall be set back a minimum of 25 feet from adjacent property lines except those fronting public streets where no setback is required.
8. Billboards may be illuminated provided no lighting is directed onto adjacent properties or public rights-of-way and, where applicable, have approval from the California Highway Patrol.
9. Billboards shall have City of Tulare branding on each side that contains advertising.
C. Design guidelines: All visible sign support columns shall be concealed with approved architectural embellishments. The materials used in the sign support embellishments shall be primarily natural stone, brick, approved masonry panels, stucco, or architectural metal.
D. Electronic message display and LED billboard signs are permitted bul must have clearance or necessary approvals in writing from Caltrans Outdoor Advertising and FAA where applicable.
Electronic message rotation shall comply with Caltrans safety standards.
E. The owner of LED billboard sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts, alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.
F. The owner of LED billboard sign shall provide to the City of Tulare Chief Building Official 24 hour contact information for a person who has the authority and ability to turn off the electronic sign promptly after a malfunction occurs. Any sign not properly functioning needs
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to be repaired to the city's satisfaction within 60 days of a written notice or be subject to CUP revocation process.
10.56.320 Maintenance of signs.
A. All signs and associated supporting structures shall be maintained in like-new condition, without rips, tears, fading, and similar damage that inevitably occurs as a result of normal wear and aging.
B. All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.
C. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired to the satisfaction of the City or removed in accordance with Section 10.02.120.
D. Graffiti on a sign shall be removed by the property owner (or designee) within two days of notice of its placement on such sign. If graffiti is not removed, it will be subject to Section
10.02.120.
10.56.330 Hazardous signs.
Whenever any sign, by virtue of its physical nature and condition, is deemed by the Director, Chief Building Official, City Engineer, or Public Works Director to be an immediate and serious threat to public safety, City personnel may remove the sign or repair the physical deficiency to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner and/or property owner.
10.56.340 Abandoned or obsolete signs.
An on-premises sign advertising an activity, business, service, or product must be removed within 90 days following the actual discontinuance of the activity, business, service, or product. If the sign is not so removed, the Director may have the sign removed in accordance with the public nuisance abatement provisions of this title. A sign structure is not required to be removed, however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.
10.56.350 Illegal Signs.
Any sign, banner, or sign structure not erected, constructed, or located in conformance with this chapter and not classified as a legal non-conforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of Chapter 7.28 of the Tulare Municipal Code.
10.56.360 Enforcement.
Signs erected after the effective date of this chapter that either do not conform to the provisions of this chapter or are erected without obtaining a required permit are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this chapter and all persons erecting or maintaining them shall be subject to the provisions of Section 10.02.120 of this title. The remedies provided for in this section are cumulative and non-exclusive.
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10.56.370 Definitions.
The following terms are defined for this chapter. Illustrations of rules for sign measurement are shown in Figure 10.56.080-1. The accompanying images and Figure 10.56.370-1 are intended to illustrate some of the sign types that are defined in this section. If an interpretation discrepancy exists between the illustrations and the text of this section, the text shall prevail. “A-Frame sign” means a sign made of wood, plastic, or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable.
“Animated sign” means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion. “Arcade sign” means a sign suspended from the ceiling of a covered pedestrian walkway, which is attached to the building and oriented perpendicular to the building face to which the covered walkway is attached.
”Awning sign” means a sign placed on a shelter supported entirely from the exterior wall of a building and composed of a frame covered with non-rigid material.
“Banner” means any flexible material, such as cloth, plastic, vinyl, paper, cardboard, or thin metal, with or without a “message”, attached outdoors to a building, structure, or mounting device, or attached indoors to a building, structure, or mounting device so as to be visible from the exterior of a building, or structure. This definition includes a pennant, scroll, or bunting.
“Barber pole” means a pole with diagonal stripes of red and white or of red, white, and blue used as a sign for a barbershop that may or may not rotate.
”Billboard” means a sign that directs attention to a
business, community service, or entertainment not
exclusively related to the premises where such sign is
located.
“Blade sign” means a pedestrian-oriented, non-internally illuminated double-faced sign, comprised of one
individual panel, projecting from the building wall on
which it is mounted.
“Business premises” means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s).
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”Can or cabinet sign” means a sign that contains all the text and/or logo symbols within a single enclosed boxshaped cabinet where the translucent face of the sign can be interchanged to change the sign message without
having to remodel the cabinet. It is mounted to a wall or other surface and illuminated from within the cabinet.
“Changeable copy, electronic” or “electronic changeable copy sign” means the display of a message that can
change by means of electronic lights, light emitting
diodes, video screens, or other illuminated electronic or electric format.
“Changeable copy, manual” or ‘manual changeable copy
sign” means the display of a message that can change by manually arranging and attaching individual letters, numbers, or symbols.
“Electronic digital display sign” means a sign that displays images with or without a message through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other similar electronic media that may be changed remotely through electronic means.
“Erect” means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain, and display.
“Externally illuminated sign” means a sign that has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign. “Flag” means a flat piece of cloth, with distinctive colors, patterns, or symbols used to represent a country or group, having one end of the cloth attached to a vertical staff (directly or by a rope and pulley mechanism) and all other ends freely flowing under the natural movement of wind. “Freestanding sign” means a sign that is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building.
This category includes both monument and pole signs.
“Frontage, building” means the distance between the two most distant corners of a building measured in a straight line along the building face.
“Frontage, street” means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections.
“Height” means the distance measured vertically from grade to the highest point or portion of the object to be measured.
“Internally illuminated sign” means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign. “Install” or “installation” means the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface.
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“Message” means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols, or designs. The term is not intended to include mono-color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. ”Monument sign” means a low-profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. “Mural” means a sign painted on the exterior wall of a
building consisting of graphics or images, either alone or in combination with letters.
“Off-site”, “off-site sign”, or “off-premises sign” refers to a sign or banner that promotes or advertises goods,
services, or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other.
“On-site”, “on-site sign”, or “on-premises sign” refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located.
“Outdoors” means a location on undeveloped property or to the exterior of a building or structure. “Outdoor advertising” refers to the placement of a message on signs or banners located outdoors or located indoors in a manner such that the message is visible from the exterior of a building or structure.
“Outdoor advertising structure” means a structure erected or maintained for the main purpose of displaying commercial outdoor advertising and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced. “Painted Sign” refers to a sign that comprises only paint applied on a building or structure. “Parapet wall” means an exterior wall that extends vertically above the roofline. “Parcels” or “property” or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in Chapter 10.98 of this Code.
“Pedestrian access” means a doorway that has been designed for the primary use of the patrons or customers of that particular use.
“Permanent sign” means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also “temporary sign.”
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”Placed” includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever.
“Pole sign” means a permanently mounted, freestanding sign that is supported above the ground by one or more uprights, braces, poles, or other similar structural components.
“Roofline” means the highest point of a parapet wall or the main roof structure or the highest point of a parapet wall other than such architectural features as cupolas, pylons, projections, or raised portions of the roof.
“Rooftop or roof-mounted sign” means a sign that extends above the ridgeline of the roof of a building, or a sign attached to any portion of the roof of a building. Rooftop or roof-mounted signs are not allowed.
“Sign” means any letter or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, written expression, or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle, or on any place whatsoever.
“Sign area” means the geometric area of a sign including all elements such as board or frames, perforated or solid background, ornamental embellishments, arrows, or other sign media. For the purposes of a freestanding sign the structural elements necessary to support the sign are included in the sign area.
“Sign copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.
“Sign face” means the panel surface of a sign that carries the advertising, information, or identification message.
”Sign structure” means any structure that supports or is capable of supporting a sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.
“Structural alteration” means any change to the sign
structure.
“Temporary sign” means a sign that is easily moveable,
and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent
sign.
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Figure 10.56.370-1
Illustration of Sign Types
1. Permanent Building
Sign (can or cabinet
sign)
2. Permanent Building
Sign
(blade/projecting
sign)
3. Permanent
Building Sign
(channel letter
sign)
4. Temporary
Building Sign
(banner)
5. Permanent Building
Sign (awning sign)
6. Permanent Building
Sign (canopymounted sign)
7. Permanent
Building Sign
(arcade or
hanging sign)
8. Permanent
Building Sign
(directory sign)
9. Temporary Building
Sign (window sign)
10. Temporary
Freestanding Sign
(A-frame sign)
11. Permanent
Freestanding Sign
(pylon sign)
12. Permanent
Freestanding
Sign (pole sign)
13. Permanent
Freestanding Signs
(monument sign)
14. Permanent
Building Sign
(directional sign)
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City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 262 2024
Chapter 10.58
SIDEWALK VENDING AND STATIONARY MOBILE VENDORS
Sections:
10.58.010 Purposes.
10.58.020 Definitions.
10.58.030 Permit required.
10.58.040 Vending on private property.
10.58.050 Sidewalk vending requirements.
10.58.060 Specific requirements for roaming sidewalk vendors.
10.58.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors.
10.58.080 Permit process.
10.58.090 Special limitations.
10.58.100 Insurance or bond requirements.
10.58.110 Permit revocation.
10.58.120 Appeal process.
10.58.130 Term.
10.58.140 Enforcement.
10.58.150 Penalty.
10.58.160 Severance clause.
10.58.010 Purposes.
The primary purpose of this chapter is to apply reasonable standards for the outside sale of food and merchandise and to protect pedestrian and vehicle circulation. In addition, standards based on the health, safety, and welfare of the general public are significant issues to be addressed in the issuance of a vending permit. Access to and use of the public sidewalks for vending and selling of merchandise, which does not unduly interfere with the pedestrian traffic, promotes the public interest by contributing to an attractive pedestrian environment and increasing sales activities within the City of Tulare. Nothing in this chapter shall prevent the lawful operation of itinerant vending when associated with special civic events such as the County Fair and downtown events such as a farmers market.
10.58.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the meaning as set forth herein below:
“City business license” means a business license as is required by Tulare Municipal Code Chapter
5.04.070. Sidewalk vendors are required to obtain both a business license and a sidewalk vendor permit to operate.
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“Permitted special event” means an event, whether annual or one-time, that has an approved special event permit issued by the office of the City Clerk, or granted approval by the Director of Community Services or Director of Community Development. Such events can include but are not limited to downtown civic events and events held at the Tulare County Fairgrounds or International Agri-Center.
“Private sidewalks” or “Private Yards” refers to private property suitable for stationary vending stands which is not encumbered by parking spaces, driveways, vehicular pathways, landscape areas, and building sites.
“Public sidewalk” means areas or properties owned or held by the City of Tulare that are open to the general public for pedestrian travel.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. A roaming sidewalk vendor does not include a peddler or solicitor who makes uninvited entry onto private property for the purpose of selling goods or services or requesting/collecting donations.
“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance or from one person upon a public sidewalk or other pedestrian path. As described in this chapter, sidewalk vendors can be classified as roaming vendors or stationary vendors. “Sidewalk vendor permit” means the permit issued by the City of Tulare under this chapter and required for a sidewalk vendor to operate within the city limits. This type of permit is not the same permit required for door-to-door peddlers/solicitors that are permitted/licensed under separate provisions of the Tulare Municipal Code, nor the same type of permit for stationary mobile vendors, which require a conditional use permit. Sidewalk vendors are required to obtain both a City of Tulare business license and a sidewalk vendor permit to operate. For stationary sidewalk vendors, the permit shall describe the specific site location used by the stationary sidewalk vendor, what the stationary sidewalk vendor will be placed in the public right-of-way, the area the stationary sidewalk vendor is required to keep free from debris and trash, and an acknowledgment by the stationary sidewalk vendor that they are subject to closure if the City requires the use of the space for a municipal purpose.
“Special event” means a parade, march, procession, pageant, review, ceremony, festival, assembly, or exhibition consisting of persons, animals, or vehicles, or a combination thereof which is conducted in, or would impact, any portion of any City street, sidewalk, alley, or other public rightof-way, or other property owned or controlled by the City that required or involved the issuance of a permit for such usage by the City.
“Stationary cart” or “Vendor stand” means equipment used for vending that has no motorized wheels and is not otherwise mobile once it has been transported and is set in a location for vending.
This includes any table, bench, rack, hand cart, or push cart. The term stationary does not include trailers that are pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a stationary mobile vendor. “Stationary mobile vendor” as used in this chapter means soliciting, displaying, or offering produce, fruits, vegetables, prepared food, pre-packaged food, or non-food sundries of any kind for sale or barter or exchange from a mobile vending vehicle on private property within the City of Tulare and includes the standing of a mobile vending vehicle or trailer for the purpose of
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obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including, but not limited to, goods, wares, or merchandise. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. This does not include restaurants or businesses at fixed locations that, pursuant to applicable rules and regulations for food safety and right-of-way encroachment, set up temporary outdoor sales at their locations.
“Vendor” means an individual, including any employee or agent of a group of individuals, partnership, non-profit organization, or corporation, who sells or offers to sell food, beverages, goods, or merchandise from a stationary vendor stand on any public sidewalk or private sidewalk open to the public.
10.58.030 Permit required.
It shall be unlawful, and no vendor shall offer for sale, or sell from any stationary vendor stand located on a public sidewalk, park, or private sidewalk/yard open to public use, or from their person if they are a roaming sidewalk vendor, any merchandise, food or beverage without first obtaining a sidewalk vendor stand permit in addition to a City business license, and in the case of a stationary mobile vendor, a conditional use permit. If a vendor intends to sell food, the vendor must obtain all applicable licenses required to safely sell and serve food as required by State and local law.
10.58.040 Vending on private property.
Vending on private sidewalks or yards shall be permitted, subject to the limitations of this chapter and subject to the submittal to the Community Development Department of written authorization by the property owner. Vending shall not be allowed on any required parking spaces or required landscaping and may not interfere with the safe movement of pedestrians and motor vehicles.
10.58.050 Sidewalk vending requirements.
The following requirements apply to both stationary and roaming sidewalk vendors:
A. Sidewalk vending is prohibited within 1,000 feet of any special event that is operating pursuant to a permit issued by the City of Tulare. This prohibition shall only be in effect during the duration of the special event permit and does not apply to sidewalk vendors that are selling food or merchandise with the permission of the special event applicant and are specified as part of the special event permit. The special event applicant must provide the City with the locations of the stationary sidewalk vendors and the routes of roaming sidewalk vendors that will be permitted by the special event applicant prior to the issuance of a special event permit.
Roaming sidewalk vendors during special events must carry a copy of the permission from the special event applicant with them at all times during the special event.
B. Sidewalk vending is prohibited within 1,000 feet from the exterior boundary of any property used or occupied by any high school, middle school, or elementary school for the period of one hour before the school is in session, while the school is in session, and one hour after the school day ends. This provision does not apply if the vendor is present at the invitation of the school.
C. Sidewalk vending on trails or parkways that are operated by the City of Tulare for pedestrian/bicycle usage is prohibited in order to ensure the public’s use and enjoyment of the natural resources and recreational opportunities provided by these trails. In addition, prohibiting sidewalk vending on these trails would ensure that the health, safety, and welfare
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of the general public using the trails is not compromised due to obstruction and interference of sidewalk vendors with walking, jogging, and cycling activities on these active use trails.
D. Recognizing that many non-profit recreational leagues operate concession stands as primary fundraising for such leagues, which provide recreational opportunities to the public, sidewalk vendors, roaming or stationary, are prohibited within 1,000 feet of any events put on by nonprofit recreational leagues that are operating concession stands as fundraising sources.
E. Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet of unobstructed sidewalk for pedestrian traffic and must also meet all other requirements for pedestrian travel that are required pursuant to the Americans with Disabilities Act or other access standards for persons with disabilities.
1. In places where the sidewalk is less than five feet wide, sidewalk vending stands shall be not less than four consecutive feet of sidewalk width to every point from said stationary vendor stand, which is clear and unimpeded for pedestrian traffic.
2. Sidewalk vendors may not be located within five feet of any pedestrian ramps, driveways, and trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, or another right-of-way element that requires pedestrian access. If lines of customers block or interfere with any pedestrian ramps, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or another right-of-way element that requires pedestrian access, then the sidewalk vendor must relocate to another sidewalk location to avoid such interference. This rule is to provide adequate space for disability access within the public right-of-way. This rule shall not apply to roaming sidewalk vendors making a sale to a bona fide purchaser during the allotted time period, although the vendor shall make all reasonable efforts to comply with requests from pedestrians to move out of the way as soon as possible and not obstruct the sidewalk.
Failure by a sidewalk vendor to move or cease business when they are not providing the minimum width of unobstructed sidewalk for pedestrian traffic shall be deemed a violation of this chapter.
3. In areas where the street contains striped diagonal or vertical parking stalls (not including spaces that are parallel with a sidewalk), sidewalk vendors must maintain a minimum width of five feet of unobstructed sidewalk from the curb to allow for persons or passengers exiting or entering the vehicles parked in such stalls sufficient space for directly accessing the sidewalk from the vehicle and not be required to travel in the street to reach the sidewalk.
F. Sidewalk vending is prohibited within 10 feet from entrances of businesses and bus stops to prevent obstructing access and to allow pedestrians adequate space in the public right-of-way to reach destinations.
G. The City Council may, by resolution adopted during a public meeting, prohibit sidewalk vending in specific areas within the city limits upon a finding that sidewalk vending should be prohibited in such areas due to health, safety, or welfare concerns. Such findings may include but are not limited to, situations involving areas with both substantial vehicle traffic and substantial pedestrian traffic in locations presenting risks of pedestrians improperly crossing streets or entering the street when sidewalks are blocked. If any such resolutions are adopted,
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then the locations of prohibited vending shall be indicated and provided to sidewalk vendor permit applicants.
H. Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers.
I. Hours of sidewalk vending shall be the same as those of other businesses operating in the vending area. For sidewalk vendors operating in a park, then the hours shall be the same hours of operation as the park.
J. Sidewalk vendors are prohibited from operating within streets, medians, crosswalks (although roaming vendors may cross in such areas as other pedestrians), or other areas that are marked closed to pedestrian traffic.
K. If any type of food or beverage is displayed and/or sold from a stationary vendor stand, the vendor shall have and prominently display any and all valid permits required by the Tulare County Health Department. The revision or expiration of any such required County Health Department permit, or the failure to obtain such a permit within 90 days of the date on which the county commences issuing such permits, shall result in the automatic suspension of the sidewalk vendor permit or use permit issued by the City pursuant to this chapter; in addition, the approved permit must be readily available for inspection by law enforcement or code enforcement officials.
L. The sidewalk vendor permit issued by the City shall be prominently affixed to the side of the stationary vendor stand which faces inward toward the sidewalk.
M. No vendor shall use any signs in connection with the sale, display, or offering for sale of items, except for those signs which are affixed to or painted on the sides or canopy of the stationary vendor stand and one sandwich sign located on private property, not exceeding four square feet per sign face.
N. No vendor shall use any noise-making device in connection with the sale, display, or offering for sale of items.
O. Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances.
10.58.060 Specific requirements for roaming sidewalk vendors.
In addition to the rules applicable to all sidewalk vendors, the following rules shall specifically apply to roaming sidewalk vendors:
A. Roaming sidewalk vendors shall remain mobile and may not stand or park at any specific location or place for more than 10 minutes unless the vendor is otherwise stopped as necessary to complete a transaction(s) at the request of a bona fide purchaser(s) that approached the roaming vendor while stopped.
B. Roaming sidewalk vendors are not permitted to knock on the doors of homes or businesses to vend under a sidewalk vendor permit. Such attempts at peddling or soliciting shall be considered door-to-door sales and require a separate type of permit under the Tulare Municipal Code Section 5.24.
C. Sidewalk vendor permits issued by the City of Tulare only allow for vending on publicly owned rights-of-way, as limited by this chapter. Roaming sidewalk vendors are not permitted
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on private property without the permission of the property owner and must meet all underlying zoning requirements to operate on private property.
D. Roaming sidewalk vendors are permitted in areas zoned exclusively for residential use, but hours of operations are limited to between the hours of 9:00 a.m. and one hour prior to sunset or 7:00 p.m., whichever is earlier.
E. In order to ensure the health, safety, and welfare of pedestrians, mobile carts used by roaming sidewalk vendors are not permitted to be utilized as a cooktop for food preparation when the food being prepared requires the cooking or heating of food in order for it to be consumed.
10.58.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors.
In addition to the rules applicable to all sidewalk vendors in Section 10.58.050, the following rules shall specifically apply to stationary sidewalk vendors and stationary mobile vendors:
A. All stationary vendor stands and stationary mobile vending units shall have refuse receptacles large enough to contain all refuse generated by the operation. The operator shall pick up all refuse generated by such operation within a 50-foot radius at the close of the day’s operation, and all refuse shall be disposed of at an approved solid waste facility.
B. No vehicle or stationary vendor stand used for stationary sidewalk vending or stationary mobile vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands, or stationary, mobile vending shall be limited to the hours of operation of the business located on the property from which they operate.
C. Vending shall not be allowed on any required parking spaces or private driveways.
D. Vendors shall not remove, destroy, or interfere with any required on-site landscaping.
E. Vending may only occur on paved surfaces.
F. For stationary, mobile vendors, restroom facilities with running water that are connected to the City’s wastewater system shall be readily available during hours of operation.
G. Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.
H. Stationary mobile vendors shall maintain 300 feet of separation from an adjacent stationary mobile vendor.
10.58.080 Permit process.
A. Stationary sidewalk vendors. Applicants for a sidewalk vendor permit shall submit a written application to the Community Development Director on a City form. The application shall be accompanied by a fee, based on the costs of the application and set by the City Council in resolution. All sidewalk vendor applicants must submit the sidewalk vendor permit application, and copies of insurance certificates, listing the City of Tulare as additional insured that meets the same insurance requirements for encroachment permits to operate within the City of Tulare public right-of-way. The vendor encroachment permit is part of the vendor permit issued to
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sidewalk vendors and is not a separate permit, and shall include a proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-ofway as the stationary cart/stand. The City may reject stationary vendor site plans that do not allow adequate space for pedestrian access. Stationary sidewalk vendors must acknowledge that they are not permitted to permanently install anything within the public right-of-way and that they do not have permanent rights to utilize public property and are subject to temporary or permanent closure if the City requires the use of the right-of-way for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis. Any stationary vendor seeking to utilize park property will also be subject to review by the City Services Director, or that person’s designee. Vendor permit applications on park property are subject to denial if the proposed location would interfere with the public’s use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications on park property may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users. The Community Development Director, or his or her designee, and the City Engineer, or his or her designee, shall review the application and the proposed site plan prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns. A permit shall be granted if it is determined that: the proposed display and sale and proposed location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk.
B. Stationary mobile vending. Where a person desires to have a stationary mobile vending unit, the applicant shall obtain a conditional use permit pursuant to Chapter 10.80.
C. Roaming sidewalk vendor. In addition to the permit process applicable to stationary sidewalk vendors in Section 10.58.080(A), applicants intending to be roaming sidewalk vendors shall include the proposed areas of the City where the vendor intends to operate. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the City Services Director or that person’s designee, and vending in certain parks or park locations may be denied or restricted, including limiting the total number of roaming vendors allowed in a specific park, if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users.
10.58.090 Special limitations.
A. Sidewalk vendor permits are an interruptible or terminable privilege. The City shall have the right and power, through the City Manager or his or her designee, to prohibit the operation of a stationary vendor stand at any time because of anticipated or actual problems or conflicts in the use of a public area. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
B. No sidewalk vendor permits shall be issued for any location:
1. Owned by the City other than the pedestrian right-of-way.
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2. The area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue, and south of (and including) the parcels north of Cross Avenue due to an increased and significant risk of pedestrian and vehicular traffic conflicts in order to preserve public health, safety, and welfare.
This shall not apply to any City-approved events in these areas or to businesses that have obtained an outside display and sale of merchandise permit under Chapter 10.60.180.
10.58.100 Insurance or bond requirements.
No permit shall be issued unless the applicant furnishes proof to the City of a public liability bond or insurance policy in an amount not less than $1,000,000 for property damages and injury, including injury resulting in death, caused by the operation of the vending business. The said insurance bond shall name the City of Tulare and its employees, officers, and agents as additional insureds.
10.58.110 Permit revocation.
A sidewalk vendor permit may be revoked by the City Council, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the stationary sidewalk vendor stand is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, the former permit holder shall not be eligible to file for a new permit application for a period of six months.
10.58.120 Appeal process.
An applicant or any other interested party may appeal the granting, denial, or revocation of a permit application. Such an appeal may be made in writing within 10 days of the decision and shall be filed with the City Council. The Council shall hold a public hearing on any such appeal.
10.58.130 Term.
A sidewalk vendor permit is valid for a period of one year from the date of issuance and must be renewed every year. Where a conditional use permit is issued, such permit may be time-limited to require renewal.
10.58.140 Enforcement.
The Community Development Director, his or her designee, or any other person authorized by the City Manager, shall be authorized to enforce the provisions of this chapter and to take such actions as may be necessary to ensure compliance with the regulations, general provisions, and conditions opposed upon any permit issued pursuant to this chapter.
10.58.150 Penalty.
Violations of this chapter are not punishable as an infraction or misdemeanor and persons alleged to violate this chapter shall not be subject to arrest. This section does not prevent code enforcement personnel from taking immediate action, such as seizing items, to abate unsafe and dangerous conditions to the public, which include but are not limited to vendors selling food without proper licensing, and subject to enforcement pursuant to Section 1.61.030 Administrative Citation.
10.58.160 Severance clause.
The provisions of this chapter are declared to be severable and if any section, sentence, clause, or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decisions
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shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stay and notwithstanding the validity of any part.
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Chapter 10.60
SPECIFIC LAND USE STANDARDS
Sections:
10.60.010 Purpose.
10.60.020 Applicability.
10.60.030 Accessory dwelling units.
10.60.040 Accessory dwelling units, junior.
10.60.050 Alcoholic beverages, on-sale and off-sale.
10.60.060 Animals.
10.60.070 Bed and breakfast inns.
10.60.080 Cottage food operations.
10.60.090 Drive-thru pick-up windows.
10.60.100 Emergency shelter.
10.60.110 Garage or yard sales.
10.60.120 Manufactured housing.
10.60.130 Mobile home and Manufactured home parks.
10.60.140 Modular structures
10.60.150 Outdoor assemblies.
10.60.160 Outdoor dining areas.
10.60.170 Outdoor sale of merchandise.
10.60.180 Commercial or industrial outdoor storage areas.
10.60.190 Recycling collection facilities.
10.60.200 Sale of new and used automobiles and trucks.
10.60.210 Sale of vehicle fuel.
10.60.220 Shipping containers.
10.60.230 Swimming pools.
10.60.240 Vending machines.
10.60.250 Wireless communication facilities and towers.
10.60.260 Adult entertainment establishments.
10.60.010 Purpose.
This chapter requires certain development and operational standards for specific land uses within the City to preserve, protect, and promote public health and safety and to promote orderly growth and aesthetically pleasing urban development.
10.60.020 Applicability.
Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.
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10.60.030 Accessory dwelling units.
This section provides standards for accessory dwelling units (ADUs) located on the same site as an existing residence located in either the R-1, R-M, or R-H zone districts. All accessory dwelling units as defined in Section 65852.2 of the California Government Code shall meet the following standards:
A. Number of accessory dwelling units per parcel.
1. For parcels zoned for and including a proposed or existing single-family home, one accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in 10.60.040.
2. For parcels zoned to allow and including an existing multi-family structure(s), two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to 25 percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the 25 percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.
3. For the purposes of this section, multi-family structures are those that contain more than one dwelling unit, including, but not limited to, duplexes, triplexes, apartment buildings, and condominium buildings.
B. No off-street parking shall be required for any accessory dwelling unit. Any parking spaces, covered or uncovered, removed to create an accessory dwelling unit shall not be required to be replaced.
C. The floor area for all accessory dwelling units shall not exceed 1,200 square feet. If the accessory dwelling unit is attached, the floor area shall not exceed 800 square feet or 50 percent of the existing living area of the principal dwelling unit, whichever is more.
D. The side and rear setback for an accessory dwelling unit shall be a minimum of four feet regardless of zone. No lot coverage, floor area ratio, open space, minimum lot size requirement, or another development standard shall preclude the construction of an accessory dwelling unit up to 800 square feet.
E. An accessory dwelling unit may not be constructed unless a main dwelling exists on the site or will be constructed in conjunction with the accessory dwelling unit.
F. Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.
G. Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official.
H. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.
I. Except as specifically set forth in this section, an accessory dwelling unit regulated pursuant to this chapter shall meet all the requirements of the zone district in which the accessory dwelling unit is located, including, without limitation, requirements regarding fences, walls, and hedges; site area, frontage width, and depth of sites; coverage; building setback requirements; height of structures; and distances between structures.
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10.60.040 Accessory dwelling units, junior.
A. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use, where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.
B. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.
C. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in addition to a single-family dwelling.
D. If the junior accessory dwelling unit includes a garage conversion, the required parking spaces for the primary unit must be replaced on-site.
E. Junior accessory dwelling units may be no larger than 500 square feet in size.
F. Junior accessory dwelling units shall contain, at a minimum, the following features:
1. An exterior entrance separate from that of the primary home.
2. A cooking facility with appliances.
3. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.
G. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.
H. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling.
10.60.050 Alcoholic beverages, on-sale and off-sale
A. The Planning Commission shall consider all uses and businesses proposing to sell alcoholic beverages to the public, or in the case of a private club, its members, in accordance with Chapter 10.80, Conditional Use Permits.
B. The Planning Commission shall consider whether the proposed use or business will detrimentally affect nearby properties or sensitive land uses, including, but not limited to, residential neighborhoods, schools, churches, hospitals, public playgrounds, or other similar uses.
C. The sale of alcoholic beverages for temporary periods shall not be subject to a conditional use permit but shall be subject to review and approval by the Director and City Police Chief in accordance with Chapter 10.76, Temporary Use Permits.
D. The provisions of this section do not apply to wholesale businesses providing services to retailers only.
10.60.060 Animals
Animals shall be regulated in accordance with Title 6 of the Tulare Municipal Code in all zones.
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10.60.070 Bed and breakfast inns.
A. Bed and breakfast inns shall be limited to a maximum of six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than 14 consecutive nights.
B. Food service at bed and breakfast inns shall be allowed for registered guests only unless the use also qualifies as a restaurant.
C. The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
10.60.080 Cottage food operations.
A. Cottage foods operations operating in accordance with AB 1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 10.78 prior to commencement of the use.
B. Notwithstanding the provisions of Chapter 10.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.
C. Notwithstanding the provisions of Chapter 10.78, a cottage food operation may sell food produced on-site directly to consumers at the site.
D. A cottage food operation shall be conducted in the residence’s existing kitchen.
E. An approved home occupation permit shall not be effective until the appropriate permit is obtained from the County Health Department and shall automatically expire and be null and void if the County permit or approval expires, is disapproved, or is revoked.
10.60.090 Drive-thru pick-up windows.
A. All uses with a drive-thru pick-up window shall meet the following standards unless otherwise modified by a conditional use permit issued in accordance with Chapter 10.80:
1. Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.
2. Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.
3. Drive-thru lanes shall be located a minimum of 100 feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.
4. Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into public streets.
5. Drive-thru lanes shall be shielded in a manner approved by the City to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.
6. The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.
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7. Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independently of parking lot aisles.
8. Drive-thru lanes shall not extend onto the adjoining property unless the owner of the drivethru site property obtains a written easement or another irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drivethru use, including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to the commencement of construction of improvements upon the drive-thru site property.
9. A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane, with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the Director.
10. A use with drive-thru lanes on each side of the use (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length.
11. Speaker noise levels measured at the property line shall not exceed applicable City noise standards.
10.60.100 Emergency shelter.
A. Emergency shelters shall be limited to the number of beds or clients served by the size of the building and the building code occupancy standards.
B. Off-street parking shall be based upon demonstrated need and shall be consistent with any pertinent parking requirements of the zone district where the emergency shelter is located.
C. Each emergency shelter shall have an interior on-site waiting and client intake area sufficient in size as determined by the Director to admit individuals to the shelter.
D. Each emergency shelter shall have an on-site manager 24 hours a day.
E. No emergency shelter may be located closer than 300 feet from another similar shelter.
F. Lighting of the property on which the facility is located should be designed to provide a minimum maintained horizontal illumination of at least one foot-candle of light on the parking surfaces and walkways.
10.60.110 Garage or yard sales.
A. The sale of personal possessions in outdoor areas or from the garage of a dwelling, commonly referred to as garage or yard sales, within an R-1, R-M, or R-H zone district shall be limited and conducted in accordance with Title 5 of the Tulare Municipal Code.
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B. Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.
C. The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including the removal of all signs.
10.60.120 Manufactured housing.
The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:
A. Manufactured homes with wheels (i.e., mobile homes) are considered mobile homes and are therefore only permitted in mobile home parks.
B. All manufactured homes shall meet the following site or architectural standards:
1. All manufactured homes are subject to the development standards of the zone district in which they are located.
2. A manufactured home shall not be less than 20 feet wide.
3. The parking requirements of Chapter 10.54 shall apply.
4. All manufactured housing units and garages shall have a pitched roof with a roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
5. All manufactured housing units, garages, and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate, or builtup asphaltic-gravel materials.
6. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap.
The exterior siding material shall extend to the ground level or the top of the foundation when a solid concrete or masonry perimeter foundation is provided.
7. All manufactured housing units, garages, and carports shall be placed on a permanent foundation that meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
8. The manufactured home electrical, gas, water, and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters, and regulators shall not be located beneath the manufactured homes.
9. The Director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
10.60.130 Mobile home and Manufactured home parks.
A. No mobile home shall be parked, occupied, or used for any purposes, including, without limitation, living or sleeping purposes, unless the mobile home is located within a licensed mobile home park, except that a mobile home may be used for the following temporary
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purposes outside of a mobile home park: as an office for a construction project, circus, or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 10.76.
B. A mobile home park requires the approval of a conditional use permit in accordance with the procedures of Chapter 10.80.
C. The site area standards for a mobile home park shall be as follows:
1. The minimum area of a mobile home park shall be five acres. If the area of the mobile home park is greater than five acres, the first phase of mobile home park development shall not be less than five acres and shall include all required recreational and service amenities.
2. The residential unit density shall be consistent with the land use designation of the Tulare General Plan.
3. Each mobile home or manufactured home site shall be not less than 3,000 square feet in area, including pad, parking, private access, landscaping, and private storage area.
D. The following clearance and setback area requirements shall apply to mobile home parks. No mobile home shall be located in any required building setback area.
1. The front building setback area shall be a minimum of 15 feet.
2. The side and rear building setback areas shall be a minimum of 10 feet, or 15 feet when adjacent to public right-of-way.
E. The following requirements shall apply to mobile home sites:
1. No mobile home or manufactured home site shall be less than 30 feet in width.
2. The front building setback area shall be a minimum of 10 feet.
3. The side building setback area shall be a minimum of five feet. Patio covers and carport, if open on three sides, may be located within three feet of a side yard property line.
4. The rear building setback areas shall be a minimum of 10 feet.
5. Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted as a part of the required patio area.
6. Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base, which, in combination, are adequate to support the mobile home on a level plane.
F. The following requirements for parking shall apply to mobile home parks.
1. Each mobile home site shall provide parking for two automobiles. Each parking stall shall not be less than 10 feet wide and 20 feet in length. All parking stalls shall be paved consistent with Tulare’s Standards and Specifications Manual; tandem parking may be allowed as a condition of the use permit.
2. Not less than one guest stall shall be provided for each five mobile home sites.
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3. Parking shall be provided for park offices at a ratio of one parking space for each 400 square feet of gross floor space.
4. Supplemental parking for boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one parking space for each 10 mobile home sites and shall be used only by the mobile home park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.
5. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 10.54.
G. The following requirements for on-site streets shall apply to mobile home parks.
1. Entrance streets shall be located to assure safe access to and from the public street system.
2. Approved street names shall be provided and maintained by the developer.
3. Minor streets within the mobile home park shall be a minimum of 32 feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with City standards.
4. Drainage along the street shall be constructed to provide adequate drainage.
5. Parallel parking shall be permitted on both sides of collector streets and only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.
6. If streets within the mobile home park are to be dedicated to the City, street standards shall be consistent with Tulare’s Standards and Specifications Manual.
H. Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with City standards.
I. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television.
Usage of an individual television antenna will be permitted but must be located at the rear of the individual mobile home space and shall project no more than two feet above the roof of the mobile home.
J. Accessory structures, such as storage buildings and greenhouses, shall not be located within three feet of a side or rear yard property line or six feet from a mobile home.
K. Landscaping shall be provided in accordance with Chapter 10.52.
L. The following requirements for recreation areas and pedestrian ways shall apply to mobile home parks.
1. Common recreation areas in an aggregate total equal to 10 percent of the gross area of the mobile home park shall be provided at a location or locations that are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.
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2. Recreation areas shall be landscaped and maintained, with all landscaped areas irrigated by an automatic underground sprinkler system.
3. Pedestrian walkways shall be provided throughout the mobile home park, connecting all mobile home or manufactured home sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.
4. Common recreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.
M. Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:
1. A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street.
2. A seven foot masonry wall shall be provided along all public streets. This wall shall be consistent with the setback distances in division C above. Where the park adjoins land that is designated for residential, commercial, or industrial uses, a wall shall be constructed on the property line.
N. Each mobile home park shall provide the following additional facilities:
1. A laundry building for clothes washing and drying.
2. Trash enclosures at locations along the interior street system and integrated with the guest parking areas, which are convenient for all residents and for access by municipal refuse trucks.
O. At the time of the placement on the site, all mobile homes and manufactured homes shall be fitted with appropriate skirts from the floor level of the mobile home to the ground to obscure stands, pads, and undercarriage equipment.
P. Mobile homes and manufactured homes may be displayed and sold within a mobile home park similar to the sale of model homes within a residential subdivision, provided such mobile homes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobile home sites and connected to all utility services. No more than four mobile homes shall be offered for sale at any one time, and advertising for such sales shall be limited to one non-illuminated sign not exceeding four square feet in area on the site of each mobile home or manufactured home offered for sale.
10.60.140 Modular structures.
A. A modular structure shall mean any designed, manufactured, remanufactured, altered, used, or converted-for-use transportable building or major component of a building designed for use by itself or for on-site incorporation with similar units into a structure for residential, commercial, professional, or industrial use. A modular structure includes all residential units except as defined in Cal. Health and Safety Code Sections 18008 and 18008.5.
B. A permanent modular structure shall have the same meaning as a modular structure but will exist on a parcel of land for two years or more.
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C. A temporary modular structure shall have the same meaning as a modular structure but will exist on a parcel of land for less than two years. The Planning Commission may set a time limit of less than two years where it deems appropriate.
D. A permanent modular structure may be approved by the Planning Commission in accordance with Chapter 10.80, Conditional Use Permits, subject to the following provisions:
1. A conditional use permit shall be filed and approved for each modular structure on a site.
2. Each permanent modular structure shall be placed on a permanent foundation.
3. All permanent modular structures shall be of an architectural style consistent with surrounding structures.
4. Permanent parking spaces shall be provided as required by Chapter 10.54, Parking and Loading.
5. Landscaping shall be provided as required by Chapter 10.52, Landscaping.
6. Permanent modular structures shall comply with all applicable federal, State, and local laws.
E. A temporary modular structure may be approved by the Planning Commission in accordance with Chapter 10.80, Conditional Use Permits, subject to the following development standards and regulations:
1. All temporary modular structures shall be screened or located to minimize visibility from street frontages.
2. All temporary modular structures shall provide skirting around the structure as required by the Planning Commission.
3. A temporary modular structure shall be removed within 30 days of the expiration of the time period approved by the Planning Commission.
4. A bond in the amount set by the Planning Commission shall be posted and filed with the Planning and Building Department prior to installation of any temporary modular structure.
The bond shall be executed by the City of Tulare if the temporary modular structure is not removed after 30 days have lapsed from the expiration of the time limit as approved by the Planning Commission.
5. Each temporary modular structure shall comply with all applicable federal, State, and local laws.
10.60.150 Outdoor assemblies.
A. A conditional use permit shall be obtained in accordance with the procedures outlined in Chapter 10.116.
B. Applicant shall provide a detailed site plan depicting areas to be used for seating, parking, driveways, open space areas, and setbacks.
C. Parking shall be provided at one space per three seats, or if no seats are provided, one space per 40 square feet of area devoted to assembly use. All parking areas shall be improved to include gravel, rock, dust binder, or other surfacing material which will mitigate dust. All parking areas shall be maintained to control dust.
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D. All outdoor music shall not exceed 65dbA at any property line conterminous with any R-1 zone district.
E. All public works improvements shall be provided as required by the Public Works Director.
F. No loudspeaker may be used for an outdoor assembly that produces sounds that will cause a significant noise impact. An applicant who proposes the use of a loudspeaker shall submit a plan to the Planning Commission demonstrating that the use of a loudspeaker will not cause significant noise impacts.
G. In any residential zone, the property must contain a single-family house that is owner-occupied by the applicant/holder of the use permit.
H. Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. The Planning Commission may impose additional requirements by restricting the use to certain days of the week.
I. The Planning Commission may require a time limit (sunset clause) on any use permit.
10.60.160 Outdoor dining areas.
A. The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in public areas.
B. The following definitions shall apply to this section:
1. “Outdoor dining area” means the use of portions of public sidewalks, public rights-of-way, and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass-through window and sidewalk counter service are also allowed when an outdoor dining area is provided pursuant to this section.
2. “Dining establishment” means a structure whose principal use is the serving of food to the general public.
3. “Drinking establishment” means a structure whose primary use is the serving of alcoholic beverages to the general public, and the serving of food is an accessory use.
C. Where permissible, all outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section, on-site open space areas may also be used as an outdoor dining area.
1. Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of the facility.
2. Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that 48 inches of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach on this 48 inches of clear space.
3. Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to
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clearly define the edges of the space. These outdoor spaces should be accessed from the building they serve.
D. Required Sidewalk Width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment, which is clear and unimpeded for pedestrian and wheelchair traffic.
E. Alcoholic Beverages. The service of alcoholic beverages and consumption by customers in an outdoor dining area shall be restricted as follows:
1. The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.
2. The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum 30-inch to a maximum 36-inch-tall removable open-style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.
3. The operator shall post a written notice to customers as approved by the City, which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.
4. The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.
F. Health Standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including, without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.
G. Hours of Operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment or drinking establishment or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.
H. Special Closures. Outdoor dining is an interruptible or terminable privilege. The City shall have the right and power, acting through the City Manager or his or her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the street or sidewalk, or demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area will be prohibited by the City.
I. Permit Issuance, Findings, and Conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the Director following review as set forth by the Site Plan Review Committee. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 10.74. The application for
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the outdoor dining permit shall be accompanied by a filing fee established by the City Council and an accurate drawing showing the configuration of the outdoor dining area, including, without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:
1. The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.
2. An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.
3. Such other conditions as the City may deem necessary, including, without limitation, conditions to ensure public safety, to protect public improvements, and to provide aesthetic improvements.
4. No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.
5. Upon application being made for an outdoor dining permit, the matter shall also be referred to the City Engineer for consideration of the issuance of an encroachment permit. If required by the City Engineer, the issuance of a permit shall be conditioned upon:
a. Execution of an agreement holding the City harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians in a form acceptable to the City Attorney.
b. Applicant’s insurance meeting requirements acceptable to the City’s Risk Manager.
The City shall be listed as additional insured on the endorsement and tied to the permit number to specify the location and circumstances.
c. Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review.
d. Such conditions as are necessary to restore the appearance of the sidewalk to its original condition on termination of use.
J. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than 60 pounds.
K. Term. The outdoor dining permit shall run with the land and shall continue to be valid upon a change in ownership of the dining establishment, subject to the conditions of approval.
L. Violation/Revocation. An outdoor dining permit may be revoked by the City Council following notice to the permittee and a public hearing before the Council. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated if the outdoor dining area is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. Following the revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation.
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M. Appeal Procedures. In accordance with the following provisions, any applicant or other interested person dissatisfied with a decision made under this chapter may appeal such decision. The decision of the Site Plan Review Committee may be appealed to the Planning Commission provided such appeal is in writing and filed within 10 days of the Committee’s decision. The Planning Commission shall hold a public hearing on any such appeal. The receipt of a written appeal shall stay all actions or put in abeyance all permits or other discretionary approvals which may have been granted, pending the effective date of the decision of the body hearing the appeal. Appeals shall be scheduled for the earliest regular meeting of the Planning Commission, not less than 15 days or more than 45 schedules of the Planning Commission.
All appeals shall be accompanied by a fee, set by resolution of the City Council, sufficient to cover the cost of handling the request.
N. Enforcement. The Director, Zoning Compliance Inspector, police department, or other person authorized by the City Manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.
10.60.170 Outdoor sale of merchandise.
A. The purpose of the regulations and standards in this section is to allow, consistent with public health, safety, and welfare, increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside display and sales of merchandise, in conjunction with an existing, enclosed commercial business activity, in public rights-of-way and private sidewalk areas open to the public, in the City of Tulare. Nothing in this title shall prevent the lawful operation of itinerant sidewalk sales.
B. Outside display and sale of merchandise shall mean the use of immediately adjacent sidewalks either public or private, open for public use, and public rights-of-way by an existing, enclosed commercial business establishment for the display and sale of merchandise.
C. Permit required. No outside display and sale of merchandise shall be allowed on sidewalks and public rights-of-way without an outside display and sales permit as set forth in this chapter.
D. Locations permissible. Outside display and sale of merchandise are not permitted where the speed, volume, or proximity of vehicular traffic is not compatible with such activity or any other element of public safety, health, or welfare. All outside display and sale of merchandise areas must be adjacent to and incidental to the operation of an indoor, enclosed commercial business. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor commercial business building and must be clearly delineated from adjacent business and pedestrian traffic, utilizing sidewalk striping or other non-permanent methods.
E. Required sidewalk width. Outside display and sale of merchandise are permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outside display and sale of merchandise area shall leave not less than four consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic.
F. Hours of operation for outside display and sale of merchandise areas shall coincide with those of the adjacent commercial business activity.
G. Permit process.
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1. Applicants for outside display and sale of merchandise permits shall submit a written application to the Director on a city form. The application shall be accompanied by a fee set by the City Council by resolution. The Director, or his or her designee, and the City Engineer, or his or her designee, shall review the application and the site. A permit shall be granted if it is determined that:
a. The proposed display and sale will not significantly interfere with pedestrian traffic or otherwise constitute a health and safety risk.
b. The application complies with all the provisions of this chapter.
2. Where found necessary and appropriate, conditions may be imposed on the permit, provided such conditions are consistent with this chapter. A blanket temporary permit to be applicable to multiple designated businesses for use in conjunction with a recognized and approved community activity event (such as Camp Town Days, farmers’ market, etc.,) may be issued to a single applicant who shall be responsible for compliance with the ordinance by all participating businesses.
H. Special limitations. An outside display and sales area permit is an interruptible or terminable privilege. The city shall have the right and power, acting through the Community Development Director or his or her designee, to prohibit the operation of an outside display and sales area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or any factors that impact public health, safety or welfare. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outside display and sales area will be prohibited by the city.
I. Encroachment permit. At the time the outside display and sale of merchandise permit is issued, the City Engineer may require the issuance of an appropriate encroachment permit.
J. Permit revocation. An outside display and sales permit may be revoked by the Community Development Director, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the outside display and sales area is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, no application for the same site shall be filed for a period of six months.
K. Appeal process. A permittee may appeal a notice of revocation and an applicant or any other interested party may appeal the granting or denial of a permit application. Such an appeal shall be made, in writing, within ten days of the decision and shall be filed with the City Manager.
L. Term. An outside display and sales of merchandise permit shall run with the adjacent commercial business activity, and the land upon which the business is located, subject to the conditions of approval and the requirements of this chapter; provided that a temporary permit shall expire in one year and must be renewed annually.
M. Enforcement. The Director, his or her designee, or any other person authorized by the City Manager, shall be authorized to enforce the provisions of this chapter and to take such action as may be necessary to ensure compliance with the regulations, general provisions, and conditions imposed upon any permit issued pursuant to this chapter.
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N. Penalty. Any violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1.12 and 1.61.
O. Severance clause. The provisions of this chapter are declared to be severable and if any section, sentence, clause, or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stay and notwithstanding the validity of any part.
10.60.180 Commercial or industrial outdoor storage areas.
In all commercial and industrial zones, outdoor storage of materials or equipment that occupies a volume of more than 60 cubic feet and is visible from any abutting public street or abuts property used for residential purposes meet the following standards. This section does not apply to temporary storage, such as storage during construction.
A. Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction. The use of galvanized chainlink or wood fence material is not allowed, especially adjacent to streets. Chain link with vinyl slats for screening purposes is permitted.
B. Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This section shall not apply to a junk yard, wrecking yard, or salvage facility.
C. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.
10.60.190 Recycling collection facilities.
A. Small and large collection recycling facilities shall meet the following standards:
1. Recyclable materials shall be stored in a permanent structure on a foundation.
2. An adequate on-site refuse container for disposal of non-hazardous waste and a container for customers to pour remaining liquids into from their CRV materials shall be provided.
3. The collection facilities and surrounding area shall be cleaned and washed, and all litter surrounding the site removed as needed to maintain a safe and healthy environment.
4. The operator shall post a sign advising that it is illegal to take shopping carts or that possession of stolen shopping carts is a misdemeanor.
10.60.200 Sale of new and used automobiles and trucks.
In all zone districts, the off-site sale of new and used automobiles and trucks is prohibited.
10.60.210 Sale of vehicle fuel.
A. A conditional use permit is required for a business engaged in the sale of vehicle fuel or diesel fuel.
B. The following are development standards and location criteria for businesses engaged in the sale of vehicle fuel:
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1. Service stations, convenience stores, and mini-markets shall have a minimum lot size of not less than 15,000 square feet, with not less than 125 feet of frontage on a public street (this requirement shall not apply to the redevelopment of a preexisting service station use).
2. Except for truck refueling stations, service stations, convenience stores, and mini-markets shall be permitted only at the intersection of a major arterial or arterial street as shown on the General Plan, except in the case of an integrated commercial shopping center, where the Planning Commission, at its discretion, may allow the development of a service station, provided that the service station can be made a functional part of the center; that it will blend architecturally with the center; and that it will not disrupt either the internal or external traffic flow in and around the center.
3. Utility trailers and rental trucks may be stored (for rental purposes) on a service station site, provided they are screened from view and adequate space is provided in addition to the minimum size requirement. Utility trailers and other rental equipment shall not be permitted in a C-1 district or in shopping centers.
4. All merchandise shall be stored and displayed within the service station building, with the exception of lubricating items and accessories, which may be displayed and maintained in movable cabinets or racks specially designed for the display of such items.
5. All repair works and servicing operations shall be conducted within a completely enclosed building. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. No dismantling of automobiles for the purposes of selling parts shall be allowed.
6. No body or fender work, automobile painting, or tire recapping shall be permitted.
10.60.220 Shipping containers.
A. Shipping containers, also known as C-trains, may only be used for storage in the C-4, PL, PR, M-1, and M-2 zones, on city-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.
B. Shipping containers shall be incidental to the primary use of the site and/or shopping center.
They are not permitted as an accessory use on a stand-alone parking lot. They are not permitted on vacant property.
C. The maximum number of shipping containers allowed on a site shall be limited to one per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one shipping container is allowed.
D. Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.
E. Shipping containers shall be located, screened, or painted so as to be difficult to view from a public right-of-way, state highway, or residential zone district to the greatest extent feasible as determined by the Director.
F. Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 24 hours.
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G. Shipping containers may not be used to store flammable liquids or other hazardous materials, as determined by the Fire Chief.
H. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.
I. There shall be no utility connections to the shipping container unless specifically allowed through a building permit.
J. Residential and/or commercial use. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.
10.60.230 Swimming pools.
A. New below-ground swimming pools shall be constructed at least three feet from any property line.
B. Swimming pools shall be entirely closed by structures, fences, or walls in compliance with California Government Code Section 115920 – The Swimming Pool Act.
C. Fences and walls used to enclose a swimming pool shall have a minimum height of five feet.
Such fences shall be substantial and shall be constructed so there are no openings greater than three 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 four feet above grade.
D. No swimming pool shall be filled with water until the enclosing fence or wall 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.
10.60.240 Vending machines.
The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:
A. Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.
B. A minimum walkway of four feet is required in front of all outdoor vending machines.
C. Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
D. Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.
E. Vending machines are permitted to cover up to a maximum of 10 feet of the length of the primary building frontage, or 20 feet, whichever is less.
F. Vending machine installations shall not have exposed conduits, piping, or overhead utility connections.
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G. All outdoor machines shall be maintained in a clean and attractive condition.
H. Any graffiti on an outdoor vending machine shall be removed within 24 hours.
I. If the outdoor machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
10.60.250 Wireless Communication Facilities and Towers.
See Chapter 10.68 for standards for wireless communication facilities and towers.
10.60.260 Adult entertainment establishments.
See Chapter 10.62 for standards for adult entertainment establishments.
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Chapter 10.62
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
10.62.010 Purpose and intent.
10.62.020 Definitions.
10.62.030 Establishment and classification of businesses regulated.
10.62.040 Measurement of distance.
10.62.050 Location of sexually oriented business.
10.62.060 Non-conforming uses.
10.62.070 Injunction.
10.62.080 Exception for certain nude modeling.
10.62.010 Purpose and intent.
A. It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Tulare and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.
B. One of the important purposes of the regulations set forth in this chapter is to discourage and minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit any use, conduct, and/or activity that is specifically prohibited under the following California Penal Code sections, including:
1. Receipt of money for placement of a person for purposes of cohabitation (Penal Code 266d).
2. Purchase of a person for purposes of prostitution or placement of a person for immoral purposes (Penal Code 266e).
3. Sale of a person for immoral purposes (Penal Code 266f).
4. Pimping (Penal Code 266h).
5. Pandering (Penal Code 266i).
6. Lewd or obscene conduct (Penal Code 314).
7. Houses of ill-fame (Penal Code 315).
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8. Disorderly houses which disturb the immediate neighborhood (Penal Code 316).
9. Places of prostitution (Penal Code 317).
10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).
C. Nothing in this chapter shall be interpreted to permit any use, conduct, and/or activity which violates any federal, State, local law, or regulation.
10.62.020 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
“Sexually oriented businesses” are those businesses defined as follows:
1. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, similar machines, or other imageproducing machines for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
2. “Adult bookstore,” “Adult novelty store,” or “Adult video store” means a commercial establishment that (a) has as a significant or substantial portion of its stock-in-trade, or (b) derives a significant or substantial portion of its revenues, or (c) devotes a significant or substantial portion of its interior floor or display space, or (d) devotes a significant or substantial portion of its business activities or employees’ time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
b. Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
c. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental, or viewing of materials, depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities.”
3. “Adult cabaret” means a nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served that regularly features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of “specified anatomical areas,” or by “specified sexual activities,” or (c) films, motion pictures, video cassettes, slides, or other photographic
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reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
4. “Adult motel” means a motel, hotel, or similar commercial establishment that (a) offers public accommodations for any form of consideration and which regularly provides or makes available to patrons closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than 10 hours, or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than 10 hours.
5. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions depicting or describing “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
6. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
7. “Nude model studio” means any place where a person, who appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.
8. “Regularly features” or “regularly shown” with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any 30-day period or carried on as part of the business’s routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
9. “Significant” or “substantial portion” means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25 percent or more of its revenues are derived from such sexually oriented activities or materials, or that 25 percent or more of its interior floor space or display space is devoted to such sexually
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oriented activities or materials, or that 25 percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 10.62.02 of this chapter, shall be evidence that a “significant or substantial portion” of the business is devoted to such uses.
“Employee” means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operation of said business.
“Establishment” means and includes any of the following:
1. The opening or commencement of any such business as a new business.
2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter.
3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business.
4. The relocation of any such sexually oriented business.
5. The substantial enlargement of any such sexually oriented business. “Nudity” or “state of nudity” means (a) the appearance or display of a human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
“Operator” means and includes the owner, permit holder, custodian manager, operator, or person in charge of any permitted or licensed premises.
“Permitted or “Unlicensed premises” means any premises that require a license and/or permit that is classified as a sexually oriented business.
“Permittee and/or licensee” means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
“Person” means an individual, proprietorship, partnership, corporation, association or other legal entity.
“Public building regularly frequented by children” means any building owned, leased, or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used as a library, community center, children’s center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.
“Public park” or “recreation area” means public land that has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the City which is under the control, operation, or management of the City park and recreation authorities.
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“Religious institution” means any church, synagogue, mosque, temple, or building that is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll. “School” means any public or private educational facility, including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds but does not include the facilities used primarily for another purpose and only incidentally as a school.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sensitive land uses” means residences and residential neighborhoods, child daycare facilities, cemeteries, religious institutions, schools, boys’ clubs, girls’ clubs, or similar existing youth organizations, public parks, or any public building regularly frequented by children. “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency, or nude model studio. “Specified anatomical areas” as used in this chapter means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” as used in this chapter, means and includes any of the following:
1. The fondling or other intentional touching of buttocks for the purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal, or tumescence.
5. Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 4 of this subsection.
“Substantial enlargement of a sexually oriented business” means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this chapter. “Transfer of ownership or control of a sexually oriented business” means and includes any of the following:
1. The sale, lease, or sublease of the business.
2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
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10.62.030 Establishment and classification of businesses regulated.
The establishment of any sexually oriented business shall be permitted only in the zone district permitted and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1,000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:
A. Adult arcade.
B. Adult bookstore, adult novelty store, or adult video store.
C. Adult cabaret.
D. Adult motel.
E. Adult motion picture theater.
F. Adult theater.
G. Nude model studio.
10.62.040 Measurement of distance.
The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.
10.62.050 Location of sexually oriented business.
The City of Tulare’s zoning ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Tulare Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:
A. The person commits a misdemeanor if he operates, or causes to be operated, a sexually oriented business outside of a permitted zone.
B. The person commits a misdemeanor if he operates, or causes to be operated, a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.
10.62.060 Non-conforming uses.
A. Any sexually oriented businesses operating at the effective date of this ordinance that is in violation of Sections 10.62.030 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a two-year period, with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three years in addition to the initial amortization period. Any such non-conforming business loses its right to operate as a non-conforming use if, for any reason, it voluntarily discontinues its business operation for a period of 30 days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such non-conforming uses, while nonconforming, shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
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B. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location subsequent to the grant or renewal of the sexually oriented business permit and/or license within 1,000 feet of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
C. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal, non-conforming status of such use.
D. Amortization. Any adult-oriented business which was of legal use at the time of the annexation of the property and which is located in the City but which does not conform to the provisions of Section 10.62.030 shall be terminated within two years of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of Section 10.62.060(A).
10.62.070 Injunction.
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or 180 days imprisonment or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys’ fees, and costs of the City, at the discretion of the court.
10.62.080 Exception for certain nude modeling.
It is a defense to prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school licensed by the State of California, a college, junior college, or university supported entirely or partly by taxation.
B. By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
2. Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
3. Where no more than one nude model is on the premises at any one time.
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Chapter 10.64
RIGHT TO FARM
Sections:
10.64.010 Purpose.
10.64.020 Objectives.
10.64.030 Definitions.
10.64.040 Nuisance.
10.64.050 Disclosure statement.
10.64.060 Responsibility.
10.64.010 Purpose.
The purpose of this chapter is to reduce conflicts between urbanization in the City of Tulare and adjacent agricultural operations.
10.64.020 Objectives.
The objectives of this chapter are as follows:
A. Protect the economic viability of agricultural operations that surround and are located in the City of Tulare.
B. Reduce conflicts between urban and agricultural uses.
C. Notify persons about the inherent nature and potential problems associated with living near or owning land adjacent to farming operations.
10.64.030 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Adjacent to” means properties that are next to each other sharing a common property line. ”Agricultural land” are those lands within the City of Tulare that are zoned as Agriculture (A) or Rural Residential (R-A) or lands within the unincorporated areas of Tulare County that are zoned to an agricultural zone district.
“Agricultural operations” shall mean, but shall not be limited to, the cultivation and tillage of soil, dairying, the production, irrigation, frost protection, cultivation, growing, spraying, harvesting and processing of any agricultural commodity, including timber, viticulture, agriculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. “Inherent problems” are problems associated with agricultural operations, including, but not limited to, noise, odors, dust, chemicals, smoke, and extended hours of operation.
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“Urbanization” means the development of land for non-agricultural purposes, including, but not limited to, residential, commercial, industrial, and institutional land uses.
10.64.040 Nuisance.
No agricultural operation, conducted or maintained for commercial purposes, and in a manner consistent with the property and accepted customs and standards established and followed by similar agricultural operations in the same locality, shall be or shall become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years, if it was not a nuisance at the time it began.
10.64.050 Disclosure statement.
A. Upon the division of any land by parcel map or subdivision map, where the subject land is adjacent to agricultural operations, a disclosure statement, as prescribed by the Department, shall be recorded at the time of recording the map and shall become a permanent disclosure statement on the deed to the owner or prospective owner stating that the subject property is adjacent to farming operations and, if operated consistent with this title, the farming operations have the right to continue.
B. The disclosure statement shall read as follows: “If the property in which you are taking an interest is located adjacent to agricultural lands or operations, or is included within an area zoned for agricultural purposes, you may be subject to inconveniences or discomfort arising from such operations including, but not limited to, noise, odors, fumes, dust, smoke, insects, operations of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application (by spraying or otherwise) of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of the inconveniences described herein may occur as a result of any such agricultural operation that is in conformance with existing laws and regulations and accepted customs and standards. If you live adjacent to an agricultural operation, you should be prepared to accept such inconveniences and discomfort as a normal and necessary aspect of living in a city with a strong rural character and an active agricultural sector in the region.”
10.64.060 Responsibility.
A. It shall be the responsibility of the City of Tulare to require compliance with this chapter by applying, as conditions of approval of any division or land pursuant to the Subdivision Map Act.
B. It shall be the responsibility of the property owner of the property being subdivided to record a disclosure statement as outlined in Section 10.64.050.
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Chapter 10.66
FARMLAND MITIGATION
Sections:
10.66.010 Title.
10.66.020 Purpose and intent.
10.66.030 Objectives.
10.66.040 Definitions.
10.66.050 Mitigation obligation.
10.66.060 Optional mitigation alternatives.
10.66.070 Requirements for mitigation land and agricultural conservation easements.
10.66.080 Requirements for qualified entities.
10.66.090 Approval and completion.
10.66.100 Miscellaneous.
10.66.010 Title.
This chapter may be cited as the “Farmland Mitigation Ordinance” of the City of Tulare.
10.66.020 Purpose and intent.
The purpose of this chapter is to set forth the specific criteria and guidelines consistent with the City of Tulare (Tulare) General Plan policies for the mitigation of agricultural land converted to non-agricultural uses within the City’s urban development boundary (UDB) and outside the city limits. The intent of this chapter is to protect the City of Tulare’s agricultural lands from conversion to non-agricultural uses.
10.66.030 Objectives.
The objectives of this chapter are as follows:
A. Protect agriculture as a crucial component of Tulare’s economy and cultural heritage.
B. Protect and preserve agricultural lands from the effects of urban encroachment.
C. Balance the need for agricultural land conservation with other public goals in Tulare, including the need for housing, commercial, industrial, and infrastructure development.
D. Foster coordination and cooperation by the City of Tulare with the County of Tulare, Local Agency Formation Commission, and neighboring cities, including the City of Visalia, to facilitate an integrated and comprehensive regional approach to agricultural land conservation.
10.66.040 Definitions.
Except where the context of this chapter otherwise expressly requires, the following definitions shall govern the construction of this chapter. Furthermore, the definition of a word or phrase applies to any of that word’s or phrase’s variants. For the purpose of this chapter, the following definitions shall apply.
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“Adjustment for inflation” for costs other than the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustments to reflect increases in the Consumer Price Index applicable to Tulare. For the purchase price of agricultural conservation easements, adjustment for inflation refers to adjustment to reflect increases in the House Price Index applicable to Tulare, as compiled by the Office of Federal Housing Enterprise Oversight. “Agricultural conservation easement” means a perpetual easement or servitude, comparable to a conservation easement, as provided for in Sections 815 to 816 of the Cal. Civil Code, or an open space easement, provided for in Sections 51070 to 51097 of the Cal. Gov’t Code, limiting the use of the encumbered land to agricultural and accessory uses, which easement or servitude is used to satisfy the mitigation obligation imposed by this chapter. “Agricultural designation” means land that is within the City of Tulare or within the City of Tulare’s Urban Development Boundary and is labeled as Open Space/Agriculture per the latest City of Tulare General Plan Land Use Map, or land within the County of Tulare designated for agricultural use in the latest Tulare County General Plan Land Use Map. “Agricultural land” means land, residing within the UDB of the City of Tulare, but outside the City’s incorporated limits, which is either currently in agricultural use or substantially undeveloped and capable of agricultural use.
“Agricultural use” means use of land to produce food, fiber, or livestock for commercial purposes. “Agricultural zone” means land that is within the City of Tulare and is labeled as Open Space/Agriculture per the latest City of Tulare Zoning Map, or land within the County of Tulare zoned for agricultural use in the latest Tulare County Zoning Map. “Applicant” means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization seeking approval or authorization from the City of Tulare on an application or permit for property that is outside the Tulare city limits at the time the ordinance codified in this chapter becomes effective. “Chapter” includes all sections and provisions within this Farmland Mitigation Ordinance. “City Council” means The City Council of the City of Tulare. “Conversion” means those conversions of land requiring mitigation as identified in Section
10.66.040.
“Critical farmland” means land designated “Prime,” “Farmland of Statewide Importance,” “Unique Farmland,” or “Grazing Land” by the California Department of Conservation as shown on their latest Important Farmland Map.
“Legal parcel” means a parcel of land lawfully subdivided in accordance with the Subdivision Map Act, whether or not a Certificate of Compliance has been issued for the parcel. The existence of a distinct Assessor’s Parcel Number for a parcel does not, by itself, demonstrate that it is a legal parcel.
“Legislative body” means a jurisdiction’s decision-making body. “Mitigation land” means land encumbered by an agricultural conservation easement or under an alternative mitigation option approved by the legislative body pursuant to Section 10.66.060 to satisfy the mitigation obligation imposed by this chapter.
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“Qualified entity” means an entity qualified and approved to hold agricultural conservation easements in compliance with Section 10.66.080 of this chapter.
10.66.050 Mitigation obligation.
This chapter and the following mitigation obligations shall apply to the conversion to a nonagricultural use of one or more acres of Critical farmland, as defined in this chapter, regardless of the General Plan land use designation or zoning applicable to the land.
A. As mitigation for the conversion of critical farmland, the applicant shall arrange for the imposition of an agricultural conservation easement on no less than one acre of mitigation land for each acre of land proposed for conversion. The applicant shall convey, or arrange for the conveyance of, such agricultural conservation easement to a qualified entity. The mitigation land shall be comparable to the land proposed for conversion, as provided in Section 10.66.070 of this chapter.
B. For the purposes of calculating the mitigation obligation under Section 10.66.050(A), the area requiring mitigation shall be the full area of the legal parcel affected by conversion and not merely any lesser portion of the parcel that may be sought to be developed or converted to another use at the time conversion is proposed.
C. The applicant shall pay to the qualified entity an administrative fee sufficient to compensate for all administrative costs reasonably necessary for the qualified entity to acquire and hold the agricultural conservation easement and implement this chapter, including all of the following:
1. Establishment of an endowment to provide for monitoring, administration, enforcement, and all other services necessary to ensure that the conservation purposes of the agricultural conservation easement are maintained in perpetuity.
2. The qualified entity’s administrative costs in evaluating the mitigation land and reviewing and accepting the agricultural conservation easement.
D. It is the applicant’s responsibility to identify, propose for approval mitigation land, and arrange for imposition of an agricultural conservation easement that satisfies the requirements in Section 10.66.070 of this chapter.
E. Nothing in this chapter shall be construed to compel an applicant for conversion to convey to the City of Tulare or to a qualified entity an agricultural conservation easement in property owned by the applicant.
F. The mitigation obligation set forth in this chapter shall not apply to a legal parcel that is less than one acre in area. However, this exemption shall not apply to a parcel that is one phase or portion of a larger project. The City of Tulare may disallow the use of this exemption if it finds that the subject property has been subdivided into one-acre or smaller parcels in whole or in part to avoid the mitigation obligation.
G. The following public uses are exempt from the mitigation obligation imposed by this chapter:
public parks or public recreational facilities, permanent natural open space, and trails and developed open space that are open to the public.
H. Projects designed solely to preserve, create, or enhance wildlife habitat on agricultural land shall be exempt from the mitigation obligation in this chapter.
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I. At its sole option, an applicant may choose to arrange for the imposition of an agricultural conservation easement on a larger area of land than the area of land proposed for conversion and thereby generate a mitigation credit equal to the excess net acreage encumbered with the easement.
J. Any excess area encumbered with the agricultural conservation easement shall fully comply with all requirements of this chapter and shall be comparable to the land proposed for conversion to the same degree as the portion of the land offered to satisfy the mitigation obligation in this chapter, including, but not limited to, the requirements for mitigation land in Section 10.66.070 and the review and approval process in Section 10.66.090.
K. The administrative fee paid by an applicant choosing to create mitigation credits shall include the acreage covered by the mitigation credits. The applicant may pass that fee through to a later purchaser of the credits.
L. Mitigation credits created under this chapter may be conveyed and used as provided in Section
10.66.060.
M. The qualified entity shall maintain a ledger indicating:
1. The amount of credits created under this section.
2. The holder of those credits.
3. The administrative fees paid by the creator of the credits attributable to the mitigation land covered by the credits.
4. Any subsequent transactions involving those credits.
10.66.060 Optional mitigation alternatives.
As an alternative to providing the mitigation required by this chapter, the applicant may choose to seek approval to implement one of the following alternative mitigation options.
A. As authorized by the City of Tulare, an applicant for conversion of critical farmland may satisfy the mitigation obligation set forth in this chapter by paying to a qualified entity a fee in lieu (“in-lieu fee”) of conveying an agricultural conservation easement.
B. Payment of an in-lieu fee is available only for the conversion of legal parcels that are smaller than 20 acres.
C. To obtain authorization to pay an in-lieu fee, the applicant must also demonstrate one of the following:
1. No qualified entity exists.
2. The applicant has met with all qualified entities and all such entities have certified in writing to the City of Tulare that they are unable or unwilling to assist with the acquisition of an agricultural conservation easement.
3. Working with a qualified entity, the applicant has made at least one good-faith offer to purchase an agricultural conservation easement, but all such offers have been declined by the potential seller or sellers.
D. Any in-lieu fee shall include each of the following components:
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1. The purchase price of an agricultural conservation easement in mitigation land that complies with all of the requirements in Section 10.66.070. This component shall be adjusted for inflation based on the estimate of the time required to acquire mitigation land following payment of the fee.
2. All transaction costs associated with the acquisition of the agricultural conservation easement.
3. An amount sufficient to endow the cost of monitoring, administering, and enforcing the agricultural conservation easement in perpetuity.
4. The applicant’s pro rata share of the qualified entity’s administrative costs in implementing the in-lieu fee program.
5. A reasonable amount to cover additional contingencies.
E. In no event shall the in-lieu fee established pursuant to this section exceed a reasonable estimate of the total of:
1. The cost of acquiring and managing the agricultural conservation easement that the applicant would otherwise be required to create to satisfy its mitigation obligation under this chapter.
2. The cost of administering the in-lieu fee.
F. In-lieu fees received by the qualified entity shall be expended solely for the purpose of acquiring and managing agricultural conservation easements in mitigation land that meets the criteria set forth in Section 10.66.070 and funding the qualified entity’s cost of implementing the in-lieu fee program.
G. If authorized by the City of Tulare, an applicant for conversion of critical farmland may satisfy the mitigation obligation set forth in this chapter by acquiring mitigation credits created under Section 10.66.050(I), (J), and (K), which are permitted to be passed through to another purchaser.
H. The City, in conjunction with a qualified entity, shall make available to any applicant who requests it, the ledger of mitigation credits provided for in Section 10.66.050(M). The City of Tulare shall have no further responsibility for facilitating any private transaction involving mitigation credits.
I. Mitigation credits may be used to satisfy the mitigation obligation created by this chapter only after the City Council has made the findings required by Section 10.66.070 with respect to the land proposed for conversion and the mitigation land covered by the mitigation credits.
J. An applicant choosing to use mitigation credits to comply with this chapter shall pay the qualified entity administering the credits a fee in the amount equivalent to the inflation adjustment on the administrative fee that the creator of the mitigation credits originally paid pursuant to Section 10.66.050(K) if in fact, the creator of the mitigation credits passed through the administrative fee for the creation of the credits to a future purchaser of those credits.
K. An applicant proposing conversion of critical farmland may propose an alternative method of mitigation for review and approval by the City Council subject to satisfying all of the following criteria:
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1. The proposed mitigation must result in permanent protection of mitigation land.
2. The applicant must bear all costs of reviewing, approving, managing, and enforcing the mitigation.
3. The proposed mitigation must be in substantial compliance with the requirements for mitigation land and agricultural conservation easements set forth in Section 10.66.070.
4. The proposed mitigation must be in all respects at least as protective of agricultural land as the mitigation required by this chapter.
L. The mitigation obligation imposed by this chapter is set forth in Section 10.66.050. Each alternative mitigation option in this section (Section 10.66.060) is wholly optional and made available solely for the applicant’s convenience. Under no circumstances shall the City of Tulare require any applicant to implement any such alternative mitigation option, if the applicant is willing to implement the mitigation obligations imposed in Section 10.66.050.
10.66.070 Requirements for mitigation land and agricultural conservation easements.
A. Agricultural conservation easements in mitigation land shall be held in perpetuity by a qualified entity as defined in Section 10.66.080.
B. Mitigation land shall be comparable in nature to the agricultural land proposed for conversion.
A mitigation land is deemed comparable in nature if it complies with the below requirement under Section 10.66.070(C).
C. The City Council shall not approve the proposed mitigation for conversion of Critical Farmland unless it finds that the mitigation land complies with each of the following requirements:
1. The mitigation land is located in the San Joaquin Valley, outside of any city’s limits or sphere of influence, with preference given to mitigation land within 10 miles of the city limits.
2. The legislative body having jurisdiction where the mitigation land is located has adopted a resolution approving the use of the land as mitigation.
3. The mitigation land is subject to an agricultural designation in the General Plan and zoned for agricultural use. Any legal non-conforming use of the mitigation land has been or will be abandoned prior to execution of the agricultural conservation easement, or if maintained, will not interfere with the agricultural use of the mitigation land.
4. The mitigation land consists of one or more legal parcels of at least 10 net acres in size, exclusive of the area occupied by any existing home and the area of any road or right-ofway easement unless the land proposed for conversion is smaller than 10 acres.
5. An appraisal shows that the value of the agricultural conservation easement in the mitigation land is at least as high as that of an agricultural conservation easement in the land proposed for conversion. Appraisal shall be prepared by a licensed appraiser with experience in agricultural land appraisal.
6. The soil quality of the mitigation land has an agricultural productive capacity at least equal to that of the critical farmland proposed for conversion.
7. The available water supply for the mitigation land is at least equal to that of the land proposed for conversion in terms of quantity, quality, and security.
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8. The mitigation land is not already subject to an encumbrance or interest that would legally or practicably prevent converting the land, in whole or in part, to a non-agricultural use, such as a conservation easement, open space easement, flowage easement, avigation easement, long term agricultural lease, profit, or an interest in the subsurface estate that would preclude development of the surface estate. A contract entered pursuant to the Land Conservation Act, Cal. Gov’t Code Section 51200 et seq. (Williamson Act) shall not constitute an encumbrance for purposes of this section.
9. There are no physical conditions or contamination on the mitigation land that would legally or practicably prevent converting the land, in whole or in part, to a non-agricultural use.
10. The mitigation land has no existing home unless the land proposed for conversion includes an existing home.
11. The mitigation land is not owned by any public agency.
D. The City Council shall not approve proposed mitigation unless it finds that the agricultural conservation easement complies with each of the following requirements:
1. The type of agricultural-related activity allowed on the mitigation land is specified in the easement and is at least as restrictive as the requirements of the City of Tulare’s Open Space/Agriculture (A) zoning district.
2. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the mitigation land or that are otherwise inconsistent with the conservation purposes of this chapter.
3. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the mitigation land.
4. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit the replacement of an existing home allowed by Section 10.66.070(C)(10).
5. The easement provides that the mitigation land will retain water rights at least equal to that of the land proposed for conversion in terms of quantity, quality, and security.
6. The agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.
7. Any existing easement, other than a right-of-way easement, deed of trust, or other servitude or encumbrance on the mitigation land shall be subordinated to the agricultural conservation easement.
8. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the mitigation land.
9. The agricultural conservation easement is in recordable form and contains an accurate legal description of the mitigation land.
10. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.
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11. The agricultural conservation easement recites that it is intended to satisfy the mitigation obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.
12. If the agricultural conservation easement is an instrument other than a conservation easement created under Sections 815 to 816 of the Cal. Civil Code or an open space easement created under Sections 51070 to 51097 of the Cal. Gov’t Code, both the qualified entity and the City of Tulare have certified that the easement will run with the land and bind successor owners of the mitigation land in perpetuity.
13. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.
14. The agricultural conservation easement has been approved as to form by the City of Tulare.
E. Division (D) does not prevent inclusion in an agricultural conservation easement of requirements that are more protective of agricultural use than the requirements set forth in that division.
F. Before approving any alternative mitigation option, the City Council shall determine that such option is consistent with the requirements in Section 10.66.070(C) and Section 10.66.070(D).
G. After the City Council has approved an agricultural conservation easement, the easement shall not be amended without further approval by the City Council and compliance with any approval requirements imposed by the Attorney General of the State of California for the amendment.
H. If a court issues a judgment declaring that the purposes of this chapter and of an agricultural conservation easement can no longer be fulfilled by enforcement of that easement, the qualified entity holding that easement may extinguish the easement by selling it to the fee owner of the mitigation land, if the following requirements are met:
1. Either the action was contested and the judgment was not entered pursuant to stipulation, or the City of Tulare was a party to the action and stipulated to the judgment.
2. The qualified entity shall use the proceeds of sale to acquire an agricultural conservation easement in other mitigation land in compliance with this chapter.
10.66.080 Requirements for qualified entities.
A. To be considered a qualified entity, an entity must be a non-profit public benefit corporation, operating within the State of California, that is qualified to hold conservation easements under Section 815.3 of the Cal. Civil Code and in compliance with the requirements of Section 65965 et seq. of the Cal. Gov’t Code, and be approved by the City Council for the purpose of holding and managing agricultural conservation easements.
B. In considering whether to approve an entity as a qualified entity, the City Council shall consider the following criteria:
1. Whether the entity’s principal purpose includes holding and administering easements for the purposes of conserving and maintaining lands in agricultural production.
2. Whether the entity has an established record of holding and administering easements for the purposes of conserving and maintaining lands in agricultural production.
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3. The extent and duration of the entity’s involvement in agricultural land conservation within the San Joaquin Valley, specifically Tulare County.
4. Whether the entity has been accredited by the Land Trust Accreditation Commission.
5. Whether the entity is a member in good standing of an established and widely recognized California statewide association of land trusts.
6. Any other information or requirements the City finds relevant under given circumstances.
C. No qualified entity shall sell, lease, hypothecate, or encumber any interest in any mitigation land without the prior approval of the City Council.
D. A qualified entity shall use fees provided by an applicant solely for purposes of acquiring, administering, monitoring, and enforcing agricultural conservation easements acquired pursuant to this chapter.
E. If a qualified entity intends or reasonably expects to cease operations, it shall assign any agricultural conservation easements it holds to another qualified entity.
F. The qualified entity shall monitor the use of all mitigation land subject to agricultural conservation easements held by the entity and enforce compliance with the terms of those agricultural conservation easements.
G. On or before December 31 of each year after a qualified entity is approved by the City Council, the entity shall provide to the City of Tulare Planning Division an annual report describing the activities undertaken by the entity under this chapter. That report shall describe the status of the mitigation land and/or agricultural conservation easements held by the entity, including a summary of all action taken to enforce its agricultural conservation easements, and an accounting of the use of administrative and in-lieu fees remitted to it by applicants.
10.66.090 Approval and completion.
A. All mitigation proposed by an applicant to comply with this chapter, including any alternative mitigation option proposed by the applicant, shall be reviewed by the Planning Commission for consistency with the terms and purposes of this chapter. The Planning Commission shall recommend approval, conditional approval, or disapproval to the City Council. The Planning Commission shall not recommend approval of the proposed mitigation unless it finds that mitigation to be consistent with the requirements for mitigation land and agricultural conservation easements set forth in Section 10.66.070.
B. The City Council shall consider the Planning Commission’s recommendation and shall either approve, conditionally approve, or disapprove the proposed mitigation.
C. The City of Tulare shall not issue any permit or other approval for any project involving a conversion subject to the mitigation obligation under this chapter unless the City Council has previously approved proposed mitigation in compliance with this chapter. Issuance of any such permit or approval shall be conditioned on the applicant’s completion of mitigation in compliance with Section 10.66.090(D) and (E).
D. The applicant for conversion must complete all required mitigation prior to the earliest of either:
1. Approval of any parcel map or final subdivision map.
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2. Issuance of any building, grading, or encroachment permit.
E. Mitigation shall be deemed complete when the approved agricultural conservation easement has been recorded and the applicant has paid the required administrative fee. However, if the applicant elects to seek approval of an alternative mitigation option, mitigation shall be deemed complete when the City of Tulare provides the applicant with a letter indicating that mitigation is complete.
10.66.100 Miscellaneous.
A. The provisions of this chapter shall only apply to the extent that their application would not violate the constitution or laws of the United States, or of the State of California. The City Council shall apply the chapter to avoid such unconstitutionality or illegality.
B. If any portion of this chapter is held to be unconstitutional, such a decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have enacted this chapter and each section, division, paragraph, sentence, clause, or phrase thereof even if a portion of the chapter were declared unconstitutional.
C. Nothing in this chapter shall be construed to abridge or narrow the City of Tulare’s police powers. The City Council retains its full power and discretion in its ability to deny a proposed conversion on the basis that the proposed conversion is inconsistent with the public health, safety, or welfare because of the loss of agricultural land or otherwise, which the City is tasked with safeguarding.
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Chapter 10.68
WIRELESS COMMUNICATION FACILITIES AND TOWERS
Sections:
10.68.010 Purpose and application.
10.68.020 Definitions.
10.68.030 Principle or accessory use.
10.68.040 Measurement.
10.68.050 Effect on non-conforming uses.
10.68.060 General standards.
10.68.070 Co-location of facilities.
10.68.080 Exemptions.
10.68.090 Permitted and conditional uses.
10.68.100 Application process.
10.68.110 Review criteria.
10.68.120 Federal and State regulations.
10.68.130 Building codes and safety standards.
10.68.140 Appeals.
10.68.150 Removal of abandoned antennas, towers, supporting equipment, and structures.
10.68.010 Purpose and application.
The purpose of this chapter is to promote and maintain the purposes and objectives of the City of Tulare zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.
10.68.020 Definitions.
For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:
“Antenna” means a system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic signals, including, but not limited to, digital signals, analog signals, radio waves (excluding radar signals), wireless telecommunication signals, and microwaves.
“Antenna, amateur radio” means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).
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“Antenna array” means one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include an omnidirectional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the support structure as defined below.
“Antenna, building mounted” means an antenna that is fully or partially supported by the roof or exterior wall of a building or structure, and that transmits or receives electromagnetic signals. “Antenna, direct broadcast satellite service (DBS)” means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite. “Antenna, Multipoint Distribution Services (MDS)” means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.
“Antenna structure” means an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves.
“Antenna structure, freestanding” means an antenna structure or mast that is not attached to a building, fence, or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds 20 feet, it shall be treated as a monopole.
“Antenna structure, monopole” means an antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least 20 feet in height. “Attached Wireless Communication Facility (attached WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.
“Co-locate” or “co-location” means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.
“Equipment facility” means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communications Commission.
“Height” means the distance measured from ground level to the highest point on the WCF, including the antenna array.
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“Pre-existing tower and antenna” means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter. “Provider” means a person, as defined in Section 1.04.130 of the Tulare Municipal Code, pursuant to the provisions of this chapter.
“Stealth Facility” means any communication facility that is designed to blend into the surrounding environment, and is visibly unobtrusive. Examples of stealth facilities may include architectural screened roof-mounted antennas; facade-mounted antennas painted and treated as architectural elements to blend with existing buildings; and facilities camouflaged as trees or appropriate structures. Also known as concealed telecommunication facilities. “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
“Wireless Communication Facility (WCF)” means any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.
10.68.030 Principle or accessory use.
Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
10.68.040 Measurement.
A. For purposes of determining compliance with development standards in this title, including, but not limited to, setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.
B. For the purpose of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunications facility to the nearest point of another major wireless telecommunications facility. For purposes of measurement, separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.
10.68.050 Effect on non-conforming uses.
Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.
10.68.060 General standards.
The following requirements and standards shall apply to the construction and installation of all new WCFs:
A. All standards as set forth in this chapter.
B. Any applicable federal, State, and local laws, regulations, and ordinances.
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C. All applicable provisions of the Tulare Municipal Code, Tulare zoning ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter.
D. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable.
E. All FCC and FAA rules, regulations, and standards.
F. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
G. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless telecommunication system in the City have been obtained and shall file a copy of all required franchises with the Director.
H. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.
10.68.070 Co-location of facilities.
A. When technically and economically feasible, a new WCF shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.
B. Any site plan review application proposed in accordance with Chapter 10.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to locate, construct, and operate the new WCF at a co-location. If colocation is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.
10.68.080 Exemptions.
A. The following WCFs shall be exempt from the requirements of Section 10.68.090, and a building permit is not required.
1. Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.
2. Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas, and television broadcast service (TVBS) antennas that are one meter (3 feet 3 3/8 inches) or less in diameter or in diagonal measurement, are located entirely on-site and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.
B. The following WCFs shall be exempt from the requirements of Section 10.68.090 of this chapter, however, a building permit is required.
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1. Satellite Earth Station (SES) antennas that are two meters (6 feet 6 3/4 inches) or less in diameter or in diagonal measurement, are located in a C-4 or M zone district and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.
2. Amateur radio antenna structures that are 24 inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.
3. Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.
4. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that does not result in an increase in the size of the overall WCF site.
10.68.090 Permitted and conditional uses.
Wireless communications facilities that are not exempt per Section 10.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section 10.08.030 then this section shall apply.
A. The following WCFs shall be permitted uses. Site plan review approval issued in accordance with Chapter 10.72 and a building permit is required.
1. Installation of a monopole on an existing structure, located in the PF zone district, A zone district, or in any commercial or industrial zone district, where the height of the monopole is not higher than 20 feet above the height of the existing structure and has a 100-foot setback from residential zones.
2. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a 30 percent increase in the size of the overall WCF site.
B. The following WCFs shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 10.80. Site plan review approval issued in accordance with Chapter 10.72 and a building permit is also required:
1. Installation of a new concealed or disguised stealth antenna located on the ground and/or attached to a building in any zone district where the antenna does not exceed 70 feet in height.
2. Installation of a new non-camouflaged, free-standing antenna/tower up to 50 feet in height with a 100-foot setback from residential zones.
3. Installation of a new non-camouflaged free-standing antenna/tower that exceeds 50 feet in height but not greater than 70 feet in height, with a 300-foot setback from residential zones, except where existing tall structures, such as water towers or buildings, utilizing only antenna transmitting or receiving screens or dishes need not comply with the 300-foot setback.
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4. Installation of a new free-standing antenna/tower in any industrial zone district where the antenna exceeds the maximum height limits of the zone district in which it is located up to 150 feet in height, provided the Planning Commission makes the following findings:
a. That the additional height is needed for public safety or for radio/television transmission.
b. That there is a minimum of 300-foot separation between the antenna and residential zoning.
c. That there are special circumstances that justify the additional height of 150 feet at the requested location.
5. Modification to an antenna/tower approved by conditional use permit where the modification results in an increase of more than 20 percent of the height of the approved antenna/tower.
C. Administrative adjustment. The Director may allow an increase in the height of any permitted antenna, not to exceed 20 percent above the height limitations described in the chapter, based upon the following findings:
1. There is no feasible alternative to allowing the height increase or the result of not allowing the height increase would result in an increase in the number of antennas necessary.
2. Approval would not result in a significant negative impact to the immediate neighborhood.
3. There are other tall structures or trees that require the antenna to be taller to provide service.
D. Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 10.80 if it is located in the Airport Overlay District and shall meet all requirements of Chapter 10.42.
10.68.100 Application process.
Every application must include the following information:
A. Consistent with applicable laws. This section shall apply, to the fullest extent allowed by and consistent with applicable federal, State, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, as well as proposed to be located in, along, or across the public right-of-way.
B. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are in the Tulare Urban Area Boundary (UAB), including specific information about the location, height, and design of each tower. The Director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
C. Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under the height limitation of the relevant zone
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and is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive only.
D. Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section unless the applicant proposes to increase the height of the antenna.
1. Type of technology. A written description of the types of technology to be provided to its customers over the next five years, (e.g., Cellular, PCS, ESMR).
2. Radio frequencies. A description of the radio frequencies to be used for each technology.
3. Services. The type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PCs, modems) to be offered.
4. All facilities. Provide a list of all existing, existing to be upgraded or replaced, and proposed cell sites within the City for these services by the company.
10.68.110 Review criteria.
Every application must comply with the following development standards:
A. Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions that will exceed FCC standards.
Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.
B. Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the City.
C. Co-location. Support structures and site areas for wireless telecommunications antenna shall be designed and of adequate size to allow at least one additional wireless service provider to co-locate on the structure. Co-location shall be encouraged in all cases where feasible and reasonable to do so.
D. Required separation. An antenna shall not be located within 1,000-foot radius of any other colocatable antenna, measured from the base of the tower to the base of the tower, unless the Director makes the following findings:
1. The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan.
2. The reduction is not requested exclusively on the basis of economic hardship to the applicant.
3. The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius.
4. Evidence has been submitted to the satisfaction of the City demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may
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include a written statement from the service provider with the existing facility that colocation is not feasible.
E. The Planning Commission may impose conditions they believe are reasonable, on any conditionally permitted antenna.
F. Lighting. WCF shall not be artificially lighted, except for:
1. Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.
2. Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.
G. Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height and the structure shall be equipped with an appropriate anti-climbing device.
H. Landscaping shall be in accordance with the requirements combined in Chapter 10.52 Landscape Standards.
I. Safety. For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RD-related circuitry/componentry at the site.
J. Setbacks. Antennas and accessory structures in compliance with height restrictions of this chapter shall also comply with the required building setbacks for the zoning district in which the facility is located. Antennas shall not be located within the required front yard area of any parcel.
K. Noise. A description of all audible noise-generating equipment, including the times and decibel levels of the noise that will be produced shall be submitted with the application for the project.
No equipment shall be operated at a WCF that produces noise in excess of the applicable noise standards stated in the Tulare Municipal Code. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.
L. Painting. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas that will be viewed primarily against the skyline shall be painted light gray, light blue, or other sky-blending color.
WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the Community Development Department, including the use of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors, and textures that will blend with the natural setting and existing building environment.
M. Fencing. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.
N. Signage. A permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), provide the
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operator’s address, and specify a 24-hour telephone number at which the operator can be reached so as to facilitate emergency services.
O. Traffic. Traffic shall be limited to no more than one round-trip per day on an average annual basis once construction is complete, except for emergency maintenance purposes.
10.68.120 Federal and State regulations.
A. All towers/antenna structures must meet or exceed current standards and regulations of the FAA, the FCC, the CPUC, and any other agency of the federal or State government with the authority to regulate towers and antennas.
B. If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or State agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.
C. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the City may require removal of the tower or antenna at the owner’s expense.
10.68.130 Building codes and safety standards.
A. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
B. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for removal of the tower or antenna at the owner’s expense.
10.68.140 Appeals.
Appeals to a decision of the reviewing authority of an application shall be submitted and processed consistent with the procedures in Chapter 10.70.
10.68.150 Removal of abandoned antennas, towers, supporting equipment, and structures.
A. Any antenna, tower, supporting equipment, and structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna tower, or owner of the land on which it is located shall remove said antenna, tower, or supporting equipment within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the City may remove such antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
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B. If the cost of removal of the antenna or tower is not paid within 30 days after the date on which the notice of request for payment is mailed to the owner of the property, the City Council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment.
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Chapter 10.70
PERMITS AND APPLICATIONS
Sections:
10.70.010 Permit application and review.
10.70.020 Application form and submittal items.
10.70.030 Authority to file an application.
10.70.040 Applications acceptability of signatures.
10.70.050 Application filing and numbering.
10.70.060 Application withdrawal.
10.70.070 Decision processes for planning applications.
10.70.080 Environmental review.
10.70.090 Hearings.
10.70.100 Notice requirements.
10.70.110 Notice wording.
10.70.120 Hearing rules and procedures.
10.70.130 Continuation of hearing.
10.70.140 Testimony at hearing.
10.70.150 Planning Commission recommendation.
10.70.160 Review authority decision.
10.70.170 Notice of decision.
10.70.180 Effective date of decision.
10.70.190 Refiling of a denied application.
10.70.200 Appeals.
10.70.210 Change of ownership.
10.70.220 Subsequent permits.
10.70.230 Suspension and revocation of approved permit.
10.70.240 Expiration of approved permit.
10.70.250 Extension of expiration date of approved permit.
10.70.260 Succession to a county permit upon annexation.
10.70.270 Minor adjustment to approved permit.
10.70.280 Amendment to approved permit.
10.70.010 Permit application and review.
An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to the processing of that permit.
10.70.020 Application form and submittal items.
A. The Director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and
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fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or Federal law, regulation, or policy. An application shall be made in the form prescribed by the Director on the date the application is filed unless otherwise specified by this title or State law.
B. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by City Council resolution.
10.70.030 Authority to file an application.
The following persons shall have the authority to file an application:
A. The record owner of the real property that is the subject of the permit or other matter.
B. The property owner’s authorized agent.
C. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application.
D. The Director, City Manager, Planning Commission, or City Council.
10.70.040 Applications acceptability of signatures.
If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council.
10.70.050 Application filing and numbering.
Applications filed pursuant to this title shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with any certificates and affidavits of applicable posting, mailing, or publication.
10.70.060 Application withdrawal.
Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing. If an application is withdrawn after a notice of public hearing has been mailed or posted, the application shall be amended so that the withdrawal of the application can be announced publicly.
10.70.070 Decision processes for planning applications.
A. Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 10.70.070-1 (Role of Review Authority Planning Permit Applications). Table 10.70.070-1 determines the role of each review authority in the decision-making process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 10.70.070-1 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title
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Table 10.70.070-1
Role of Review Authority Planning Permit Applications
Application Type Director Planning
Commission City Council
Non-Discretionary Applications
Sign Permit Decision Appeal Appeal
Administrative Use Permit Decision Appeal Appeal
Site Plan Review Decision Appeal Appeal
Home Occupation Permit Decision Appeal Appeal
Minor Deviation Decision Appeal Appeal
Interpretation of Ordinance Decision Appeal Appeal
Temporary Conditional Use Permit Decision Appeal Appeal Discretionary Applications
Conditional Use Permit Recommend Decision Appeal
Planned Unit Development Permit Recommend Recommend Decision Variance Recommend Decision Appeal
Zoning Ordinance Amendment/
Zone Change Recommend Recommend Decision
General Plan Amendment/
Specific Plan Amendment Recommend Recommend Decision
Annexation Recommend Recommend Decision
Williamson Act Cancellations Recommend Recommend Decision B. All applications heard by the Planning Commission or City Council according to Table
10.70.070-1 shall be at public hearings in accordance with Chapter 10.70.090.
C. Where a project requires multiple decisions by the Planning Commission and City Council, the Planning Commission decisions on such project shall not be final, but shall be advisory to
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the City Council, which shall be vested with the final decision-making powers pertaining to the project.
10.70.080 Environmental review.
All discretionary applications will be reviewed by the Director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.
10.70.090 Hearings.
A public hearing is a noticed session before the Planning Commission, City Council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on discretionary applications regulated by this title.
10.70.100 Notice requirements.
Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.
A. A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than 10 days before the date of the public hearing.
B. A notice of public hearing shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant and to owners of property within a radius of 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted County tax roll. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director.
C. In the event that the number of owners of property to whom notice may be sent pursuant to subsection B of this section would result in more than 1,000 notices, notice may alternatively be given at least 10 days prior to the hearing by either of the following procedures:
1. By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.
2. By placing a written notice with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services.
10.70.110 Notice wording.
Public notice of hearings shall begin with the words similar to “Notice of Proposed Change of Zone District” or “Notice of Proposed Variance” or “Notice of Proposed Conditional Use Permit,” as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.
10.70.120 Hearing rules and procedures.
Public hearings before the City Council and the Planning Commission shall be conducted in accordance with Chapter 10.70.
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10.70.130 Continuation of hearing.
If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.
10.70.140 Testimony at hearing.
A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.
10.70.150 Planning Commission recommendation.
For applications requiring a final decision by the City Council, the Planning Commission shall first hold a public hearing on the matter. For such hearing, the Planning Commission shall, by resolution, recommend to the City Council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the Planning Commission, the City Council shall hold a public hearing after noticing is completed.
10.70.160 Review authority decision.
The review authority responsible for making a final determination for any application, as identified by Table 10.70.070-1, shall announce its findings by formal resolution, or in the case of a change to the text of this title or to the Zoning Map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Non-discretionary permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.
10.70.170 Notice of decision.
Not later than 10 days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable document shall be mailed to the applicant and to any other parties requesting notice of the action.
The resolution or other applicable document shall also be filed and maintained as public record by the Director.
10.70.180 Effective date of decision.
The decision of the review authority identified in Table 10.70.070-1 for any permit or other nonlegislative decision shall be effective and final 10 days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written appeal of the decision.
10.70.190 Refiling of a denied application.
Where an application has been denied by a review authority and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one year after the effective date of the denial, unless that reviewing authority specifies in its decision that the denial is made without prejudice.
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10.70.200 Appeals.
A. A decision of the Director may be appealed to the Planning Commission by any interested person within 10 days following the decision of the Director. Any decision of the Planning Commission, including a decision on an appeal, may be appealed to the City Council by any interested person within 10 days following the decision of the Planning Commission.
B. Appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.
C. A decision on an application that has been appealed may be upheld, overturned, or modified.
The appeal decision shall be adopted by resolution or other applicable document.
10.70.210 Change of ownership.
Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit, except for a Home Occupation Permit as determined by Section 10.78.070.
10.70.220 Subsequent permits.
Before any building, grading, encroachment, or other development permit is issued for any building, excavation, or other structures proposed as a part of an approved permit, the Director shall determine that the proposed building location, facilities, and improvements are in substantial conformance with the approved permit and any conditions of approval.
10.70.230 Suspension and revocation of approved permit.
A. Upon the violation of any applicable provision of this title, the provisions of any conditional use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended.
Written notice of the suspension shall be sent by the Director to the person to whom the use permit was issued, or to their successor if known, advising them of the suspension and the violations causing the suspension.
B. No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended.
For any construction activity taking place on the site that is the subject of the suspended permit, the Building Official shall issue a Stop Work order.
C. The City Council shall hold a public hearing and hear evidence from City staff, the holder of the permit, and other interested persons. Should the City Council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the City Council may either revoke the permit or take such other action as the City Council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.
10.70.240 Expiration of approved permit.
A. An approved permit shall expire and shall become null and void three years after the date of approval unless, prior to expiration, one of the following occurs:
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1. A building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.
2. The use for which the permit was approved has commenced.
B. If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one year, the permit shall expire and become null and void.
10.70.250 Extension of expiration date of approved permit.
Prior to the expiration of a permit, a person having the authority to file an application may file a written request with the Director for an extension of a permit that may otherwise expire. The request for extension shall be taken to the Planning Commission, which may extend the expiration date of the permit by one year. The Planning Commission may grant up to a total of three oneyear extensions.
10.70.260 Succession to a county permit upon annexation.
A. If a parcel of real property is considered for annexation to the City is subject to a permit previously approved pursuant to the provisions of the Tulare County zoning ordinance and the use has commenced on the date that the City Council initiates annexation, then the City shall succeed to the permit and shall administer and enforce the permit in accordance with the provisions of this chapter.
B. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Tulare County zoning ordinance and the use has not yet commenced on the date that the City Council initiates annexation, then the City shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit.
If the City declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.
10.70.270 Minor adjustment to approved permit.
A. Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the Director provided that the Director determines that the adjustment is minor, does not contradict the intent of the review authority’s approval, does not increase the approved use’s impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the General Plan.
B. If the Director determines that the findings in subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.
10.70.280 Amendment to approved permit.
A person having the authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application were for a new permit.
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Chapter 10.72
SITE PLAN REVIEW
Sections:
10.72.010 Purpose.
10.72.020 Applicability.
10.72.030 Exemptions.
10.72.040 Site plan application contents.
10.72.050 Site Plan Review Committee.
10.72.060 Administration of site plan approval.
10.72.070 Action of the Site Plan Review Committee.
10.72.080 Appeals to the Planning Commission.
10.72.090 Site plan permit issuance.
10.72.100 Required improvements.
10.72.110 Building Permit.
10.72.120 Lapse of site plan review approval.
10.72.130 Revocation.
10.72.140 Site plan to run with the land.
10.72.010 Purpose.
The purpose of this chapter is to protect the public health, safety, and general welfare through the review of proposed projects to verify conformity with applicable statutes, ordinances, regulations, and other fixed standards, including, the City’s General Plan, Municipal Code, and policies and improvement standards of the City and the State.
The provisions of this chapter shall apply to any new, expanded or remodeled use/development.
The total combined use area shall be subject to site plan permit procedures and all applicable conditions.
10.72.020 Applicability.
The following projects shall be processed through the site plan review process:
A. Divisions of land or adjustments to property lines.
B. New construction of multi-family, office, commercial, industrial, or quasi-public development.
C. Any public development, including but not limited to administration, public safety or recreation buildings; schools; and any County, State, or federal buildings.
D. Mobile home or trailer parks.
E. Conversion of single-family dwellings to non-residential uses, including offices, retail stores, and “bed and breakfast” type establishments.
F. Conversion of apartments, office, commercial, or industrial buildings into condominiums.
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G. Any project involving an intensification of land use, including conversion of service from either commercial or industrial use to a retail commercial use or occupancy of the structure.
H. Other non-residential improvements to land or buildings subject to the site plan review process.
10.72.030 Exemptions.
Construction of, or additions to, one single-family dwelling shall be exempt from the provisions of this chapter.
10.72.040 Site plan application contents.
A. Information. The applicant shall submit a minimum of ten prints of the site plan to the Community Development Department. The site plan shall be drawn to a scale that clearly indicates all dimensions and includes all of the following information:
1. Address.
2. Assessor’s parcel number.
3. Vicinity map on cover sheet.
4. Scale and north arrow.
5. Dimensions of property.
6. Location of existing and proposed buildings and/or structures, showing dimensions/ distance from property lines, and the intended use for each.
7. Location, height, and material of existing and/or proposed fences, walls, and the like.
8. Location of off-street parking. Indicate the number of parking spaces and type of paving, with directional arrows and parking space dimensions.
9. Location and width of drive approaches.
10. Method of on-site drainage.
11. Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, utility poles, fire hydrants, street lights, traffic signal devices, etc.).
12. Method of sanitary disposal.
13. Location of signs, their size, height, type of illumination, and type of building material.
14. Location of trash refuse area.
15. Location and type of existing trees.
16. A preliminary or conceptual landscape plan must be submitted for site plan review. A final specific landscape plan must be submitted prior to the issuance of building permits. This plan shall comply with Chapter 10.196 and shall include species, quantity, size, location, and irrigation system.
17. Loading and storage areas, indicating any fences and walls to be used as screening.
18. Location and height of all roof-mounted structures.
19. Lighting, including the location of all exterior fixtures.
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20. Such other data as may be required to permit the Site Plan Review Committee to make the required findings.
21. Elevations, if required by the nature of the proposed project, to ensure compliance with the development standards found in the City’s Municipal Code.
22. Additional information as required in order for the Historic Preservation Advisory Board to ensure that the proposed project meets the standards for historic preservation found in the City’s Municipal Code.
B. Submittal. Plans submitted by 3:00 p.m. on a Thursday shall be reviewed by the Site Plan Review Committee at their regular meeting at 1:30 p.m. on the following Wednesday.
Additional time may be required for site plans which must be reviewed by other agencies and/or City committees.
C. If all of the required information as outlined within this chapter is not submitted, the application shall not be processed by the Community Development Department. Acceptance by staff of the filing shall not be considered approval or confirmation that all required information has been submitted or waiver of any of the requirements of this chapter.
10.72.050 Site Plan Review Committee.
A. Members. The Site Plan Review Committee shall be comprised of staff representatives of the Fire, Engineering, Traffic, Building, Planning, Solid Waste, Police, and Community Services functions of the City. At Site Plan Review Committee meetings with applicants, the Committee shall be represented by the planning, engineering, and building representatives, or their designees. In addition, the Community Development Director, or his/her designee, may request input from, or attendance by, additional representatives of any other City department or public agency, subject to City Council policies.
B. Powers and duties. The Site Plan Review Committee shall review and either i) approve, ii) conditionally approve, or iii) deny, any site plan permit application submitted for a development that requires a site plan permit, pursuant to applicable City codes and ordinances.
10.72.060 Administration of site plan approval.
Any project listed in 10.72.020, by which the area of an existing building or lot is being expanded by less than 25 percent, may be processed administratively by the Community Development Director. Within 10 days of approving a site plan, the Community Development Director shall prepare an administrative agreement, consistent with Chapter 10.136, Administrative Approval, which shall include and record the decision of the Director and any conditions of approval. This agreement shall be signed by the applicant and the Director prior to the issuance of a building permit. The Director’s decision shall be final unless appealed to the Planning Commission, consistent with the requirements contained in Chapter 10.20, Appeals.
10.72.070 Action of the Site Plan Review Committee.
A. Within 30 working days after submission, the Site Plan Review Committee shall either i) approve, ii) conditionally approve, or iii) disapprove the proposed site plan pursuant to the purpose, objectives, and requirements of this chapter. In approving the site plan, the Site Plan Review Committee shall make the following specific findings:
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1. That all applicable provisions of the Municipal Code, General Plan, and applicable state law have been complied with.
2. That the following elements are designed to conform to the applicable statutes, ordinances, regulations, and other fixed standards, including, the City’s General Plan, Municipal Code, and policies and improvement standards of the City and the State:
a. Facilities, improvements, and utilities.
b. Vehicular ingress, egress, and internal circulation. c. Setbacks.
d. Location of service use areas.
e. Walls.
f. Landscaping.
B. In making the required findings, the Site Plan Review Committee shall ensure a project is consistent with established policies and regulations relating to public improvements, as approved and adopted by the City Council, including necessary dedications and traffic safety measures or improvements. The Site Plan Review Committee shall not, through the site plan review process, possess independent authority to create and impose discretionary conditions on a project.
C. Upon completion of site plan review, Community Development Department staff shall notify the applicant of the approval, conditions of approval, or denial, along with a copy of any final and approved site plan.
10.72.080 Appeals to the Planning Commission.
The applicant, or any interested person, may appeal the decision of the Site Plan Review Committee to the Planning Commission, in writing setting forth the reason for such appeal to the Commission. Such appeal shall be filed with the Community Development Director within ten calendar days after notification of the decision from which the appeal is made. The appeal shall be placed on the agenda for the Commission’s next regular meeting. If the appeal is filed within five calendar days of the next regular meeting of the Commission, the appeal shall be placed on the agenda for the Commission’s second regular meeting following the filing of the appeal. The Commission shall review the site plan and shall approve, approve with conditions, or disapprove, based on the factors set forth in Section 10.72.070. The decision of the Commission shall be final unless appealed to the City Council pursuant to Chapter 10.20.
10.72.090 Site plan permit issuance.
A. After the final site plan has been approved, the Community Development Department staff shall grant the applicant permission to “Proceed” or “Revise and Proceed” for application of required preliminary permits. If there are no preliminary permits or approvals required at this time, building permits also may be issued. No permits may be issued for the erection or enlargement of any building or structure, and no persons shall perform, or engage in, any development or construction activities on the site unless and until all provisions of this chapter have been complied with.
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10.72.100 Required improvements.
A. The Site Plan Review Committee shall be required to make a finding that the Project includes the construction of any and all improvements required under the applicable statutes, ordinances, regulations, and other fixed standards, including, the City’s General Plan, Municipal Code, and policies and improvement standards of the City and the State.
B. All improvements shall be to City standards existing at the time the site plan is approved and shall be installed simultaneously with the approved development. Where it is found by the Community Development Director that it is impractical to install any or all improvements simultaneously with the approved development, a written agreement to make such improvements by an identified future date may be accepted in lieu thereof. The terms of any such agreement shall be in conformity with applicable statutes, ordinances, regulations, and other fixed standards, including, the City’s General Plan, Municipal Code, and policies and improvement standards of the City and the State.
C. Without regard to the timing of the improvements, the applicant shall enter into a written agreement with the City identifying all improvements to be made and memorializing the City’s and applicant’s understanding and agreement, rights, and responsibilities, relating to said improvements before any building permit may be issued.
10.72.110 Building Permit.
Prior to issuance of a building permit for any structure or building for which a site plan has been approved, the Community Development Director, or his/her designee, shall make a finding that any required dedications have been recorded and that the applicant has provided appropriate improvement security (e.g., bond, cash deposit or instrument of credit) to cover the reasonable cost of all proposed off-site improvements.
10.72.120 Lapse of site plan review approval.
A. A site plan review approval shall lapse and become void three years after the date on which it became effective unless (1) the permit’s conditions provide for a shorter or greater time limit or (2) prior to the expiration of the three years, a building permit is issued by the City, construction is commenced, and completion of construction is being diligently pursued, as determined by the Community Development Department Director, or his/her designee.
B. An extension of time, up to two additional years, may be granted by the Planning Commission, provided that, prior to the expiration date, a written application for renewal is filed with the Community Development Department. An application of renewal shall identify the reason for any delay in the development of the site, the applicant’s plan and estimated timeline to completion of the development if renewal is granted, and the number of months/years of extension requested.
C. The Planning Commission may approve, approve with conditions, or deny any application for renewal of a site plan review. The Planning Commission shall only have the ability to condition the granting of a renewal based on the timeline of the project. In the case of a planned residential development, the recording of a final map and improvements thereto shall be deemed the same as a building permit in relation to this section.
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10.72.130 Revocation.
Where the City finds that site use, operating under an approved site plan, does not comply with the site plan conditions identified at the time of approval, operation of the non-complying use shall be suspended consistent with the procedures outlined in Chapter 10.208, Enforcement.
10.72.140 Site plan to run with the land.
An approved site plan shall run with the land and shall continue to be valid upon change of ownership of the use, property, or building.
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Chapter 10.74
ADMINISTRATIVE USE PERMITS
Sections:
10.74.010 Purpose.
10.74.020 Applicability.
10.74.030 Application procedure.
10.74.040 Findings.
10.74.050 Appeals.
10.74.060 Life of permits and extensions of time.
10.74.070 Revocation.
10.74.010 Purpose.
The purpose of requiring the administrative approval of certain uses is to determine whether or not a particular use meets the standards set forth in this title that are specific to that use, with the intent that uses that meet all of the standards will be approved.
10.74.020 Applicability.
This chapter shall apply to all uses listed as permitted uses subject to administrative approval.
10.74.030 Application procedure.
Applications for an administrative use permit shall be filed pursuant to Chapter 10.70 with the Director and processed consistent with Section 10.70.050 and, if applicable, Section 10.70.060.
10.74.040 Findings.
In order for an application to receive administrative approval, the following findings must be made by the reviewing authority listed in Chapter 10.70:
A. The use meets the standards and requirements in this title that are specific to that use.
B. The use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.
C. The use is consistent with the General Plan.
D. The proposed location, size, design, and operating characteristics of the use would not be detrimental to the public interests, health, safety, convenience, or welfare of the City, and any incompatible impacts of the proposed use are mitigated by conditions of approval.
10.74.050 Appeals.
Appeals to a decision of the reviewing authority of an administrative use permit shall be submitted and processed consistent with the procedures in Section 10.70.200.
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10.74.060 Life of permits and extensions of time.
The life and extension of time of an administrative use permit shall be consistent with the requirements in Chapter 10.70.240 and 10.70.250.
10.74.070 Revocation.
Revocation of an administrative use permit shall be conducted consistent with procedures and notice requirements in Chapter 10.70.
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Chapter 10.76
TEMPORARY USE PERMITS
Sections:
10.76.010 Purpose.
10.76.020 Temporary uses exempt from permit requirements.
10.76.030 Temporary use permit required.
10.76.040 Development standards.
10.76.050 Temporary improvements on a site.
10.76.060 Findings.
10.76.070 Conditions.
10.76.010 Purpose.
A temporary use permit provides a mechanism for administrative review and determination for proposed and qualifying short-term uses and activities to ensure that such activities are consistent with the General Plan and the provisions of this title. In a review of temporary use permits, the accessibility for persons with disabilities must be a consideration.
10.76.020 Temporary uses exempt from permit requirements.
The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards:
A. Construction yards, storage sheds, and construction offices (on-site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.
B. Emergency public health and safety facilities established by a public agency.
C. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.
D. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway, concert at a concert venue).
E. Events held exclusively on City property and that are in conjunction with the City use.
F. Events held exclusively at a school site that are in conjunction with the school’s use.
G. Events held exclusively on a place of assembly or facility site and that are in conjunction with that place of assembly or facility use.
H. Garage and yard sales held on private property.
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10.76.030 Temporary use permit required.
The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 10.70:
A. Any use listed in Table 10.08.020 or Table 10.08.030 that is identified as a temporary use.
B. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.
C. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).
D. Farmers markets.
E. Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.
F. Temporary outdoor sales, sidewalk sales, and temporary parking lot sales lasting more than three days in association with a permitted business for which there is an enclosed building. No off-site signs shall be permitted and no more than six of these events will occur on the subject property per calendar year.
G. Sales of Christmas trees and fireworks stands are reviewed and approved by the Fire Marshal.
H. Seasonal sales occurring outdoors when not related to an existing business.
I. Temporary sales offices.
J. Temporary community food banks.
K. Other temporary activities that the Director determines are similar in nature and intensity to those identified above.
10.76.040 Development standards.
Standards for height, off-street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The Director may waive requirements for long-term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.
10.76.050 Temporary improvements on a site.
A. Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.
B. The allowance described in subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall
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only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.
C. At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease.
10.76.060 Findings.
A. The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:
1. The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit not to exceed six months unless otherwise extended by the Planning Commission.
2. The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use, or to the general welfare of the City.
3. The site is adequate in size and location and has proper accessibility to accommodate the use and there are adequate public services, including fire protection, water supply, wastewater disposal, and police protection to serve the use.
4. Egress and ingress and off-street parking facilities are properly designed and adequate to serve the use and the use will not restrict access to required parking areas.
5. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.
6. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
7. The use is consistent with the General Plan, applicable specific plans, and the provisions of this title.
10.76.070 Conditions.
The Director may place conditions on the temporary use permit, including, but not limited to, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.
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Chapter 10.78
HOME OCCUPATION PERMITS
Sections:
10.78.010 Purpose.
10.78.020 Application.
10.78.030 Prohibited home occupation uses.
10.78.040 Operating standards.
10.78.050 Issuance of Home Occupation Permit.
10.78.060 No transferability.
10.78.070 Revocation.
10.78.010 Purpose.
The provisions of this chapter provide for the conduct of home occupations inside a residence that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income-producing activity by the occupant of the dwelling.
10.78.020 Application.
Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 10.70.
10.78.030 Prohibited home occupation uses.
A. The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones and are prohibited as home occupations:
1. Barbershop, hair salon, nail care, massage therapy, or day spa.
2. Commercial photography studio.
3. Organized instruction or school of music or dance.
4. Fortune telling.
5. Kennel or animal boarding.
6. Laboratory, general or medical.
7. Mini-warehouse or self-storage facility.
8. Motor vehicle repair or service, minor or major.
9. Office; medical, dental, or optometry.
10. Pet grooming.
11. Repair shop, large appliance or equipment.
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12. Specialty construction or trade service where construction activities take place at the site.
13. Tattooing or body art.
14. Any other use determined by the Director to be not incidental nor compatible with residential activities.
B. A home occupation permit may be denied if the Director finds that land use proposed for a home occupation is listed in this section, or that the land use is not incidental nor compatible with residential activities.
10.78.040 Operating standards.
A. A home occupation shall comply with all of the following operating standards:
1. A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way.
2. There shall be no window displays or show window identifying the home occupation.
3. There shall be no signs other than those allowed by Chapter 10.56.
4. There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.
5. The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.
6. Only one vehicle no larger than a three-quarter-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.
7. The home occupation shall not encroach into any required parking, setback, or open space areas.
8. There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.
9. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
10. Utility consumption shall not exceed normal residential usage.
11. The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.
12. Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.
13. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.
14. No home occupation shall commence until a current business license is obtained, pursuant to this title.
15. No more than one home occupation shall be located within a dwelling unit at one time.
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16. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.
17. No space shall be rented out to others in association with a home occupation.
18. A home occupation that is a cottage food operation shall meet the requirements of Section
10.78. B. The Director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.
C. A home occupation permit may be denied if the Director finds that there is a failure or inability to meet one or more of the operating standards of this section.
10.78.050 Issuance of Home Occupation Permit.
A. Home occupations may be processed as an administrative matter by the Director, or his/her designee. Following a review of a home occupation application, the Director shall take action on the home occupation. The Director can approve subject to the conditions listed in Section
10.78.040, or deny the home occupation permit. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the decision.
B. The Director’s decision shall be final unless appealed to the Planning Commission consistent with the procedures in Section 10.70.200.
C. Approval of a home occupation permit will entitle the applicant to secure a City business license for the use for which the permit was issued.
10.78.060 No transferability.
A. Notwithstanding Section 10.70.210, if property ownership changes on property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.
B. If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.
10.78.070 Revocation.
A home occupation permit may be revoked, terminated, or modified in accordance with Section
10.70.230 if any one of the following findings are made:
A. The home occupation has become detrimental to the public health, safety, or traffic, or constitutes a nuisance.
B. The home occupation permit was obtained by misrepresentation or fraud.
C. The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title.
D. One or more of the operating standards of the home occupation permit have not been met.
E. The home occupation violates Federal, State, or local statute, ordinance, law, or regulation.
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F. The home occupation has ceased for a period of six months.
G. The applicant who secured the permit has moved from the residence for which the permit was issued.
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Chapter 10.80
CONDITIONAL USE PERMITS
Sections:
10.80.010 Purpose.
10.80.020 Application procedure.
10.80.030 Findings.
10.80.040 Conditions of approval.
10.80.050 Notice of decision.
10.80.060 Appeals.
10.80.070 Amendments
10.80.080 Life of permits and extensions of time.
10.80.090 Revocation.
10.80.010 Purpose.
In certain districts, specific uses listed in this title are permitted subject to receiving a conditional use permit. Because of their unusual characteristics, or the unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this title and with respect to their effects on surrounding properties.
10.80.020 Application procedure.
Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 10.70.
10.80.030 Findings.
A. Before a conditional use permit can be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:
1. The proposed use will comply with the purpose and objectives of this title and the purposes of the district in which the subject site is located.
2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.
3. The site for the proposed use is adequate in size, shape and location to accommodate the use the district for which it is proposed.
4. The proposed use is consistent with the General Plan.
5. The proposed use will not have a significant impact on the environment.
6. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the City or materially injurious to properties or improvements in the vicinity, and that any incompatible impacts of the proposed use are mitigated by conditions of approval.
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B. A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
10.80.040 Conditions of approval.
The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of the City or that mitigate any impacts to surrounding properties. Conditions may involve the operation of the use, and maintenance of the property or specific aspects associated with development, including storage and display of goods; grading, surfacing, and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, signs and other structures; and street dedication and improvements. Conditions set forth in a use permit shall pertain to the purpose and objectives of this chapter.
10.80.050 Notice of decision.
A notice of decision of a conditional use permit shall be processed consistent with Chapter 10.70.
10.80.060 Appeals.
Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 10.70.
10.80.070 Amendments.
Amendments to an approved conditional use permit shall be subject to the same approval process and findings outlined in this chapter.
10.80.080 Life of permits and extensions of time.
A. The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter 10.70, except that when any conditional use permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Chapter 8.24, the conditional use permit 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 conditional use permit.
B. A conditional use permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.
10.80.090 Revocation.
Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 10.70.
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Chapter 10.82
DENSITY BONUS
Sections:
10.82.010 Purpose of chapter.
10.82.020 Eligibility for bonus, incentives, or concessions.
10.82.030 Allowed density bonuses.
10.82.040 Allowed incentives or concessions.
10.82.050 Effect on non-conforming uses.
10.82.060 Bonus and incentives for developments with childcare facilities.
10.82.070 Continued availability.
10.82.080 Location and type of designated units.
10.82.090 Density bonus agreement.
10.82.100 Control of resale.
10.82.110 Judicial relief, waiver of standards.
10.82.010 Purpose of chapter.
As required by Cal. Gov’t Code Section 65915, this chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 10.82.020 Eligibility for bonus, incentives, or concessions below. This chapter is intended to implement the requirements of Cal. Gov’t Code Section 65915 et seq. and the Housing Element of the General Plan.
10.82.020 Eligibility for bonus, incentives, or concessions.
In order to be eligible for a density bonus and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this title, except as provided by Section 10.82.040 Allowed incentives or concessions.
A. Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:
1. Ten percent of the total number of proposed units are for lower-income households, as defined in Cal. Health and Safety Code Section 50079.5.
2. Five percent of the total number of proposed units are for very low-income households, as defined in Cal. Health and Safety Code Section 50105.
3. The project is a senior citizen housing development as defined in Cal. Civil Code Sections
51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civil Code Sections 798.76 or 799.5.
4. Ten percent of the total dwelling units in a common interest development as defined in Cal.
Civil Code Section 4100 is for persons and families of moderate income, as defined in Cal.
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Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase.
B. Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with Section 10.82.030 Allowed density bonuses below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of divisions (A)(1), (2), (3), or (4) above.
C. Bonus units shall not qualify a project. A density bonus granted in compliance with Section
10.82.030 Allowed density bonuses, below, shall not be included when determining the number of housing units that is equal to the percentages required by division (A) above.
D. Minimum project size to qualify for density bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.
E. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Cal.
Gov’t Code Section 65915.5.
10.82.030 Allowed density bonuses.
The review authority shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application by the applicant to the City.
A. Density bonus. A housing development that complies with the eligibility requirements specified in Sections 10.82.020(A)(1), (2), (3), or (4) above, shall be entitled to density bonuses as follows unless a lesser percentage is proposed by the applicant.
1. Bonus for units for lower-income households. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 10.82.020(A)(1), (10 percent of units for lower-income households) shall be entitled to a density bonus calculated as follows:
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Table 10.82.030-1
Bonus for Lower-Income Households
Percentage of Low-Income
Units Proposed
Percentage of Density Bonus
10 20
11 21.5
12 23
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
2. Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 10.82.020(A)(2), (five percent of units for very low-income households) shall be entitled to a density bonus calculated as follows:
Table 10.82.030-2
Bonus for Very Low-Income Households
Percentage of Very Low-Income
Units Proposed
Percentage of Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.2
11 35
3. Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in Section 10.82.020(A)(3), (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent.
4. Bonus for moderate-income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria specified in Section
10.82.020(A)(4), (10 percent of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:
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Table 10.82.030-3
Bonus for Moderate-Income Households
Percentage of Moderate-Income
Units Proposed
Percentage of Density Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
5. Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this division, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this division shall be construed to affect the authority of the City to require a developer to donate land as a condition of development. a. Basic bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zone for the entire development, and an additional increase as follows:
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Table 10.82.030-4
Basic Bonuses
Percentage of Very Low-Income
Units Proposed
Percentage of Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
b. Increased bonus. The increase identified in Table 10.82.030-4 above shall be in addition to any increase in density required by divisions (A)(1) through (A)(4), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this division (A)(5), as well as the bonuses provided by divisions (A)(1) through (A)(4).
c. Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this division if all of the following conditions are met:
• The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application. • The developable acreage and zoning classification of the land being transferred is sufficient to allow construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development.
• The transferred land is at least one acre in size, or of sufficient size to allow the development of at least 40 units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate
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zoning and development standards to make the development of affordable units feasible.
• No later than the date of approval of the final map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, except that the City may subject the proposed development to subsequent site plan review to the extent authorized by Cal. Gov’t Code Section 65583.2(i) if the site plan and associated details have not been reviewed by the City before the time of transfer.
• The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 10.82.070 Continued availability, which shall be recorded on the property at the time of dedication.
• The land is transferred to the City or to a housing developer approved by the City.
The City may require the applicant to identify and transfer the land to the approved housing developer.
• The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.
B. Greater or lesser bonuses. The City may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section or grants a proportionately lower density bonus than required by this section for a development that does not fully comply with the requirements of this section.
C. Density bonus calculations. The calculation of a density bonus in compliance with this section that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a density bonus, the residential units do not have to be based on individual subdivision maps or parcels.
D. Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
E. Location of bonus units. The developer may locate density bonus units in the housing project in areas other than where the units for lower-income households are located.
10.82.040 Allowed incentives or concessions.
A. Applicant request and City approval.
1. An applicant for a density bonus in compliance with this chapter may submit to the City a proposal for the specific incentives or concessions listed in division (C) Type of incentives, below, that the applicant requests in compliance with this section, and may request a meeting with the Director. The applicant may file a request either before filing an application for City approval of a proposed project or concurrently with an application for project approval. The review authority shall grant an incentive or concession request that complies with this section unless the review authority makes either of the following findings in writing, based on substantial evidence:
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a. The incentive or concession is not required to provide for affordable housing costs, or for rents for the targeted units to be set as specified in Cal. Health and Safety Code Section 50052.5.
b. The incentive or concession would have a specific adverse impact, as defined in Cal.
Gov’t Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lowand moderate-income households.
2. The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.
B. Number of incentives. The applicant shall receive the following number of incentives or concessions.
1. One incentive or concession. One incentive or concession for a project that includes at least 10 percent of the total units for lower-income households, at least five percent for very low-income households, or at least 10 percent for persons and families of moderate income in a common interest development.
2. Two incentives or concessions. Two incentives or concessions for a project that includes at least 20 percent of the total units for lower-income households, at least 10 percent for very low-income households, or at least 20 percent for persons and families of moderate income in a common interest development.
3. Three incentives or concessions. Three incentives or concessions for a project that includes at least 30 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a common interest development.
C. Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:
1. A reduction in the site development standards of this title (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements) (see also Section 10.82.050 Parking requirements in density bonus projects), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Cal. Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions.
2. Approval of mixed-use land uses not otherwise allowed by this title in conjunction with the housing development if non-residential land uses will reduce the cost of the housing development, and the non-residential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located.
3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions.
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D. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
10.82.050 Effect on non-conforming uses.
A. Applicability. This section applies to a development that meets the requirements of Section
10.82.020 Eligibility for density bonus, incentives, and concessions, above, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 10.82.040 Allowed incentives or concessions, above.
B. Number of parking spaces required.
1. At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 10.82.020 Eligibility for density bonus, incentives, and concessions, above, inclusive of handicapped and guest parking.
a. Zero to one bedroom: One on-site parking space.
b. Two to three bedrooms: Two on-site parking spaces.
c. Four and more bedrooms: Two and one half on-site parking spaces.
2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
C. Location of parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.
10.82.060 Bonus and incentives for developments with childcare facilities.
A. Housing developments. A housing development that complies with the resident and project size requirements of Section 10.82.020(A) and (B) above, and also includes as part of that development a childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.
1. Additional bonuses and incentives. The City shall grant a housing development that includes a childcare facility in compliance with this section either of the following:
a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility. b. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. Requirements to qualify for additional bonuses and incentives. a. The City shall require, as a condition of approving the housing development, that:
• The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Cal. Gov’t Code Section 65915 as amended.
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• Of the children who attend the childcare facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in compliance with Section 10.82.020(A) Resident requirements, above.
b. The City shall not be required to provide a density bonus for a childcare facility in compliance with this section if it finds, based on substantial evidence, that the community has adequate childcare facilities.
10.82.070 Continued availability.
The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in accordance with the requirements, of Cal. Gov’t Code Section 65915 as amended.
10.82.080 Location and type of designated units.
A. Location/dispersal of units. Designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finish quality.
B. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the City.
10.82.090 Density bonus agreement.
A. Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the “agreement”) with the City in the City’s standard form of agreement. The applicant shall prepare the draft agreement for submission to the City for review.
B. Agreement provisions.
1. Project information. The agreement shall include at least the following information about the project:
a. The total number of units approved for the housing development, including the number of designated dwelling units.
b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines.
c. The marketing plan for the affordable units.
d. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units.
e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 10.82.070 Continued availability.
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f. A schedule for completion and occupancy of the designated dwelling units. g. A description of the additional incentives and concessions being provided by the City. h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project.
i. Other provisions to ensure successful implementation and compliance with this chapter.
2. Minimum requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the City the continuing right of first refusal to lease or purchase any or all of the designated dwelling units at the appraised value. b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City. c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD.
d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households.
e. Applicable deed restrictions, in a form satisfactory to the City Council, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy.
f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City’s costs of action including legal services.
g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
3. For-sale housing conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing.
b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:
• Restricts the sale of the unit in compliance with this chapter, or other applicable City policy or ordinance, during the applicable use restriction period. • Contains provisions that the City may require to ensure continued compliance with this chapter and State law.
• Shall be recorded against the parcel containing the designated dwelling unit.
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4. Rental housing conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants. b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit. d. The applicable use restriction period shall comply with the time limits for continued availability in Section 10.82.070 Continued availability, above.
C. Execution of agreement.
1. Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder’s Office.
2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of building permits for the designated dwelling units.
3. The agreement shall be binding on all future owners, developers, and/or successors-ininterest.
10.82.100 Control of resale.
In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply.
A. Limits on resale price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.
B. Units to be offered to the City. Homeownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the City or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Homeownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the City in compliance with this section. The seller shall not levy or charge any additional fees nor shall any “finder’s fee” or other monetary consideration be allowed other than customary real estate commissions and closing costs.
C. Declaration of restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying the title of the affordable ownership unit a declaration of restrictions provided by the City, stating the restrictions imposed in compliance with this
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section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.
10.82.110 Judicial relief, waiver of standards.
A. Judicial relief. As provided by Cal. Gov’t Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession.
B. Waiver of standards preventing the use of bonuses, incentives, or concessions.
1. As required by Cal. Gov’t Code Section 65915(e), the City shall not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 10.82.020(A) Resident requirements, above, at the densities or with the concessions or incentives allowed by this chapter.
2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.
3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
C. City exemption. Notwithstanding the provisions of divisions (A) and (B), above, nothing in this section shall be interpreted to require the City to:
1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Cal. Gov’t Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
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Chapter 10.84
VARIANCES AND MINOR DEVIATIONS
Sections:
10.84.010 Purpose.
10.84.020 Prohibited variances or minor deviations.
10.84.030 Application procedure.
10.84.040 Minor deviation findings.
10.84.050 Variance findings.
10.84.060 Notice of decision.
10.84.070 Appeals.
10.84.080 Life of permits and extensions of time.
10.84.090 Revocation.
10.84.010 Purpose.
This section allows variances and minor deviations from the development standards of this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
10.84.020 Prohibited variances or minor deviations.
A variance or minor deviation may be granted to waive or modify any development standard of this title except to:
A. Allow a land use not otherwise allowed in the zone district.
B. Increase the maximum allowed residential density.
C. Waive a specifically identified prohibition.
D. Waive or modify a procedural requirement.
10.84.030 Application procedure.
Applications for a variance or minor deviation shall be filed and processed pursuant to the applicable sections of Chapter 10.70.
10.84.040 Minor deviation findings.
A. Before a minor deviation may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:
1. The minor deviation is for the adjustment of a measurable development standard.
2. The minor deviation would allow an adjustment to a measurable development standard of not more than 10 percent.
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3. The minor deviation is consistent with the purposes of this title.
4. The minor deviation will be consistent with the General Plan.
B. A minor deviation may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
C. Any application for a minor deviation that is denied may be reapplied for as a variance.
10.84.050 Variance findings.
A. Before a variance may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:
1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, are such that the strict application deprives such property of privileges enjoyed by other properties in the vicinity that are in the same zone district.
2. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and that is in the same zone district and denied to the property for which the variance is sought.
3. The variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and that are in the same zone district in which the property is located.
4. The variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and that are in the same land use district in which such property is located.
5. The variance does not allow a use or activity that is prohibited in the zone district where the property is located.
6. The variance is consistent with the purposes of the zoning ordinance.
7. The variance will be consistent with the General Plan.
B. The Commission can approve, approve with conditions, or deny the variance based on the findings listed above. A variance may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
10.84.060 Notice of decision.
A notice of decision of a variance or minor deviation shall be processed consistent with Chapter
10.70. 10.84.070 Appeals.
A. Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 10.70.
B. When a minor deviation is appealed, the variance findings in Section 10.84.050 shall apply to the appeal of the minor deviation.
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10.84.080 Life of permits and extensions of time.
The initial life and subsequent extensions of time for a variance or minor deviation shall be per Chapter 10.70, except that when any variance that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Chapter 8.24, the variance or minor deviation 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 variance or minor deviation.
10.84.090 Revocation.
Revocation of an approved variance or minor deviation shall be conducted consistent with procedures and notice requirements in Chapter 10.70.
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Chapter 10.86
ZONING ORDINANCE AMENDMENTS
Sections:
10.86.010 Purpose.
10.86.020 Application procedure.
10.86.030 Findings.
10.86.040 Notice of decision.
10.86.050 Appeals.
10.86.060 Life of permits and extensions of time.
10.86.070 Revocation.
10.86.080 Urgency zoning ordinance amendments.
10.86.090 Pre-zoning.
10.86.010 Purpose.
The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the Zoning Map prescribed in this title. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.
10.86.020 Application procedure.
A. Applications for amendment to this title shall be filed and processed pursuant to the applicable sections of Chapter 10.70.
B. An amendment or change to the boundaries of a zone district on the Zoning Map (zone change) may only be filed by a property owner or authorized agent of land that is affected by the proposed amendment, or by the Director, City Council, or Planning Commission. If the subject property for which the amendment is proposed involves more than one property owner, all property owners or their authorized agents shall file the application.
C. An amendment or change to the text of this title (text amendment) may only be initiated by the Director, City Council, or the Planning Commission. The Planning Commission may initiate such an amendment or change upon a written request to the Director with application fee by an interested person.
10.86.030 Findings.
A. Before a zone change or text amendment may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.
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2. The amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the City.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
5. The proposed amendment will not have a significant impact on the environment.
B. A zone change or text amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
10.86.040 Notice of decision.
A notice of decision of a zone change or text amendment shall be processed consistent with Chapter 10.70.
10.86.050 Appeals.
The decision of the City Council regarding a zone change or text amendment is final.
10.86.060 Life of permits and extensions of time.
A zone change or text amendment is final upon its effective date and does not expire.
10.86.070 Revocation.
A zone change or text amendment may not be revoked, except by filing a new application in accordance with Chapter 10.70.
10.86.080 Urgency zoning ordinance amendments.
To protect the public interest, health, safety, convenience or welfare, the City Council may adopt an urgency zoning ordinance amendment limiting the use of property that may be in conflict with a general plan, specific plan or zoning amendment that is being contemplated by the Planning Commission or City Council. The following regulations shall govern the procedures for an urgent zoning ordinance amendment.
A. Adoption of an urgency zoning ordinance amendment shall require a four-fifths vote of the City Council.
B. The urgency ordinance shall not be binding 45 days from its adoption except under the following conditions.
1. Subject to a public hearing, the City Council may extend the urgency ordinance amendment for ten months and 15 days.
2. An urgency ordinance amendment may be extended for an additional year, subject to a four-fifths vote by the City Council.
3. Ten days prior to the expiration or extension of an urgency ordinance, the City Council shall issue a written report describing the measures being taken to alleviate the condition that led to the adoption of the urgency ordinance.
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10.86.090 Pre-zoning.
The City may pre-zone unincorporated territory to delineate the zoning of the subject territory in the event of annexation to the City. The procedure for pre-zoning shall be consistent with the requirements outlined in this chapter.
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Chapter 10.88
GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS
Sections:
10.88.010 Purpose.
10.88.020 Application process.
10.88.030 Findings.
10.88.040 Notice of decision.
10.88.050 Appeals.
10.88.060 Life of permits and extensions of time.
10.88.070 Revocation.
10.88.010 Purpose.
The purpose of a general plan amendment is to allow for modifications to the Tulare General Plan text (e.g., goals, policies, or implementation programs), the General Plan Land Use Map, the General Plan Circulation Map, or other elements of the Tulare General Plan. The purpose of a specific plan amendment is to adopt a new or modify an existing, approved specific plan.
10.88.020 Application process.
A. Applications for a general plan or specific plan amendment shall be filed and processed pursuant to the applicable sections of Chapter 10.70.
B. A general plan amendment affecting the General Plan Land Use Map or other map in the General Plan may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.
C. A specific plan amendment may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.
D. A general plan or specific plan amendment may be initiated by the City Council or the Planning Commission. Either authority may initiate such an amendment upon a written request by the Director or upon a written request with application fee by an interested person.
10.88.030 Findings.
A. Before a general plan or specific plan amendment may be approved, all the following findings shall be made by the reviewing authority identified in Chapter 10.70:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.
2. The amendment would not be detrimental to the public health, safety, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the City.
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4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
B. A general plan or specific plan amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
10.88.040 Notice of decision.
A notice of decision of a general plan or specific plan amendment shall be processed consistent with Chapter 10.70.
10.88.050 Appeals.
The decision of the City Council regarding a general plan or specific plan amendment is final.
10.88.060 Life of permits and extensions of time.
A general plan or specific plan amendment is final upon its effective date and does not expire.
10.88.070 Revocation.
A general plan or specific plan amendment may not be revoked, except by filing a new application in accordance with Chapter 10.70.
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Chapter 10.89
DEVELOPMENT AGREEMENTS
Sections:
10.89.010 Purpose.
10.89.020 Objective.
10.89.030 Definitions.
10.89.040 Development agreement requirements.
10.89.050 Development agreement contents.
10.89.060 Application.
10.89.070 Hearings and notice.
10.89.080 Report and findings.
10.89.090 Action of City Council.
10.89.100 Initiation of amendment or cancellation.
10.89.110 Recordation of development agreement.
10.89.120 Review of development agreement.
10.89.010 Purpose.
The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules, regulations, and conditions that were applicable at the time of project approval, and in a manner consistent with Cal. Gov’t Code Sections 65864 et seq.
10.89.020 Objective.
The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.
10.89.030 Definitions.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
“Development agreement” means a contract duly executed and legally binding between the City of Tulare and a developer(s) that delineates the terms and conditions agreed upon by two or more parties.
10.89.040 Development agreement requirements.
To enter into a development agreement, the City shall find that:
A. A person has a legal or equitable interest in real property for the development of such property.
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B. The development project is consistent with the Tulare General Plan and any applicable specific plan.
10.89.050 Development agreement contents.
of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
10.89.060 Application.
An application for a development agreement shall be made to the Community Development Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.
10.89.070 Hearings and notice.
Upon receipt of a development agreement application, the Community Development Department shall prepare a notice for a public hearing consistent with the requirements contained in Chapter
10.16, Public Hearings.
10.89.080 Report and findings.
The Community Development Department shall prepare a report on the development agreement application. The Department shall provide a recommendation to the City Council based on the following findings:
A. Is the project consistent with the Tulare General Plan and any applicable specific plan? B. Is the project authorized by the title as it relates to use and development standard regulations? C. Will the project be detrimental to the public health, safety, and general welfare? D. Will the project provide sufficient benefit to the City to justify entering into the development agreement?
E. Will the project have a significant impact on the environment?
10.89.090 Action of City Council.
A. The City Council shall take action on the development agreement. The Council can approve, approve with modifications, or deny the development agreement. Subsequent to a decision by the City Council, one of the following actions shall be initiated.
B. If the Council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the City may enter into the agreement with the applicant.
10.89.100 Initiation of amendment or cancellation.
Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant the procedure shall be the same as
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the procedure for entering into an agreement. However, where the City Council initiates the proposed amendment to or cancellation of the development agreement, it shall first give at least 30 days’ notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing.
10.89.110 Recordation of development agreement.
A. Within ten days after the City enters into the development agreement, the City shall have the agreement recorded with the County Recorder.
B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City shall have notice of such action recorded with the County Recorder.
10.89.120 Review of development agreement.
A. The Community Development Department shall review the development agreement at least once every 12 months from the date the agreement is entered into. The Community Development Department shall report the findings to the City Council. The time for review may be modified by agreement between the parties.
B. Should the Community Development Director find that the developer is in non-compliance or not performing consistently with the development agreement, the Director shall report this finding to the City Council. The City Council may terminate the development agreement consistent with Section 10.89.100 of this chapter.
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Chapter 10.90
NON-CONFORMING USES, STRUCTURES, AND LOTS
Sections:
10.90.010 Purpose.
10.90.020 Applicability.
10.90.030 Non-conforming uses.
10.90.040 Non-conforming structures.
10.90.050 Non-conforming lots.
10.90.060 Removal of certain non-conforming uses and structures.
10.90.070 Effect of eminent domain.
10.90.080 Exceptions.
10.90.010 Purpose.
Within the zones established by this title, there exist uses, structures, and lots that were lawful before this title was adopted or amended, but which would now be prohibited under the terms of this title or its future amendments. It is the intent of this title to permit these non-conforming uses to continue until they are terminated, but not to encourage their expansion, and to provide for the modification or removal of these non-conforming uses and structures in an equitable, legally defensible, and timely manner. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.
10.90.020 Applicability.
This Chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created, but that do not comply with one or more applicable provisions of this title.
This Chapter does not apply to non-conforming signs, which are instead subject to the requirements of Chapter 10.56.
10.90.030 Non-conforming uses.
The regulations that apply to non-conforming uses in Tulare, including provisions that pertain to maintenance, repair, alterations, change in ownership, and termination, are as follows:
A. Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.
B. Except as otherwise provided in this chapter, no structure that contains a non-conforming use, shall be moved, altered, or enlarged unless required by law or the non-conforming use is eliminated.
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C. If a non-conforming use is abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the use shall lose its legal, non-conforming status and shall be required to conform to the use and development standard regulations of this title.
D. Whenever a structure, which contains a non-conforming use, is damaged by fire, flood or other calamity, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the Building Official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.
E. Whenever a structure, which contains a non-conforming use, is damaged by fire, flood, or other calamity, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the Building Official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.
F. An agricultural crop production use that is non-conforming due to annexation, adoption, or amendment to this title shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase.
G. A non-conforming residential use that is located in a commercial or industrial zone district may be altered or enlarged; provided that a conditional use permit is secured.
10.90.040 Non-conforming structures.
The regulations that apply to non-conforming structures in Tulare, including provisions that pertain to maintenance, repair, alterations, change in ownership, and damage, are as follows:
A. Change of ownership, tenancy, or management of a non-conforming structure shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.
B. A non-conforming structure shall not be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconforming status of the structure.
C. Whenever a structure is damaged by fire, flood, or another calamity, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the Building Official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.
D. Whenever a structure is damaged by fire, flood, or other calamity, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the Building Official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.
E. A non-conforming residential structure may be moved, altered, or enlarged; provided, that the alteration or enlargement is consistent with the development standards of the zone district in which the structure is located.
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10.90.050 Non-conforming lots.
A. A lot shall be deemed non-conforming if it was legally created in accordance with the State Subdivision Map Act prior to the adoption or amendment of this title, but which, does not meet all the provisions, standards, and requirements of this title applicable to lots.
B. A non-conforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new non-conforming use or structure.
C. A non-conforming lot may be used for any use allowed in the zone district in which it is located.
D. A structure conforming to the provisions of this title may be constructed on a non-conforming lot.
10.90.060 Removal of certain non-conforming uses and structures.
A. Upon receipt of a violation, the following shall be removed within 30 days, unless an alternative deadline is specified in the violation notice.
B. A non-conforming use that does not occupy a structure or is using a structure having an assessed valuation of less than 1,000 dollars shall be discontinued and completely removed or converted to a conforming status.
C. Whenever a structure has an assessed value of less than $500 and does not comply with the development standards of coverage, front yard, side yard, rear yard, height of structures, or distances between structures, for the district in which the structure is located, the structure shall be removed from its site within five years from the effective date of this title.
D. Existing fences, walls, and hedges that do not conform to the provisions of this title governing the placement of fences, walls, and hedges in relation to street intersections or encroachment into the public right-of-way, shall be removed or modified to conform to the provisions of this title.
10.90.070 Effect of eminent domain.
A. If the area of the lot is reduced by eminent domain, the provisions for non-conforming lots and structures shall apply, but the provisions for non-conforming uses shall not apply.
B. If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed non-conforming; provided, however, such building or structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.
C. If any required parking space on a lot is reduced or eliminated by eminent domain, the use shall not be deemed non-conforming solely because of the lack of required parking spaces.
10.90.080 Exceptions.
Nothing in this title pertaining to non-conforming structures and uses shall be construed or applied so as to require the termination or discontinuance or removal, or to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding, and continued use of any electric distribution substation, electric transmission line, communications
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equipment building, gas regulator station or public utility pumping station; provided that there be no change of use or enlargement of those areas so used.
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Chapter 10.92
REASONABLE ACCOMMODATION
Sections:
10.92.010 Purpose.
10.92.020 Definitions.
10.92.030 Reasonable accommodation request.
10.92.040 Notice to the public of availability of accommodation process.
10.92.050 Requesting reasonable accommodation.
10.92.060 Medical information.
10.92.070 Application requirements.
10.92.080 Jurisdiction.
10.92.090 Findings for reasonable accommodation.
10.92.100 Appeals.
10.92.110 Fee.
10.92.120 Stay of enforcement.
10.92.010 Purpose.
In order to make specific housing available to one or more individuals with disabilities, this Chapter implements the policy of the City on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of the City is to comply fully with the provisions of the Fair Housing Act.
10.92.020 Definitions.
For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:
“Fair Housing Act” means The Federal Fair Housing Amendments Act of 1988, as amended. “Applicant” means any person with disabilities or their representative who is requesting a reasonable accommodation pursuant to this chapter.
“Department” means the Community Development Department of the City of Tulare. “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
“Person with disabilities” means any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment.
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10.92.030 Reasonable accommodation request.
A. Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices, and/or procedures of the City as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.
B. Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this chapter.
10.92.040 Notice to the public of availability of accommodation process.
The Department shall prominently display a notice at the counter in the Community Development Department and Finance Department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.
10.92.050 Requesting reasonable accommodation.
A. A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices, and/or procedures may be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request.
B. The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.
10.92.060 Medical information.
A. Should the information provided by the applicant to the Department include medical information or records of the applicant, including records indicating the medical condition, diagnosis, or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the Department, to the extent allowed by law, treat such medical information as confidential information of the applicant.
B. Medical Information. The Department shall provide written notice to the applicant of any request received by the Department for disclosure of the medical information or documentation that the applicant has previously requested to be treated as confidential by the Department. The Department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
10.92.070 Application requirements.
A. The applicant shall submit a request for reasonable accommodation in a form acceptable to the Department. The application shall include the following information:
1. The applicant’s name, address, and telephone number.
2. The address of the property for which the request is being made.
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3. The name and address of the property owner, and the owner’s written consent to the application.
4. The current actual use of the property.
5. The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations.
6. The rule, policy, practice, and/or procedure of the City for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested.
7. The type of accommodation sought.
8. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.
9. Copies of memoranda, correspondence, pictures, plans, or other background information reasonably necessary to reach a decision regarding the need for the accommodation.
B. If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Chapter 8.24 (Subdivisions), then the reasonable accommodation request shall be acted on before proceeding with the public hearing for the discretionary permit applications.
10.92.080 Jurisdiction.
A. The Director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the director/designee for review and consideration. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds for denial. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested, and by regular mail.
B. Requests for Additional Information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said 30- day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 30-day period to issue a written determination shall be stayed. The Director shall issue a written determination within 30 days after receipt of the additional information. If the applicant fails to provide the requested additional information within said 15-day period, the Director shall issue a written determination within 30 days after the expiration of said 15-day period.
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10.92.090 Findings for reasonable accommodation.
A. A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1. Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws.
2. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling.
3. Whether the requested accommodation would require a fundamental alteration to the City’s zoning scheme.
4. Whether the requested accommodation would impose undue financial or administrative burdens on the City.
B. A request for a reasonable accommodation shall not be denied for reasons that violate the provisions of the Fair Housing Act. This ordinance does not obligate the City to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California State law.
10.92.100 Appeals.
A. The applicant may appeal the decision within 30 days of the date of the mailing of the decision to the applicant.
B. Appeals shall contain a statement of the grounds for the appeal.
C. If an applicant needs assistance in appealing a decision, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
D. Appeals shall be to the City Council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 30 days after an appeal has been filed.
All determinations on appeal shall address and be based upon the findings identified in Section
10.92.090 and shall be consistent with the Fair Housing Act.
E. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
10.92.110 Fee.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the City to pay an applicant’s attorney fee.
10.92.120 Stay of enforcement.
While an application for reasonable accommodation or appeal of said application is pending before the City, the City will not enforce the subject zoning ordinance against the applicant.
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Chapter 10.94
ANNEXATIONS
Sections:
10.94.010 Purpose.
10.94.020 General Provisions.
10.94.030 Applications.
10.94.040 Annexation agreements.
10.94.050 Proposed zoning.
10.94.060 Petitions.
10.94.070 Planning Commission duties.
10.94.080 City Council duties.
10.94.090 Tulare County Local Formation Commission (LAFCO).
10.94.100 Taxation authorization.
10.94.010 Purpose.
The purpose of this chapter is to provide a process for the annexation of land into the city limits.
The review process is meant to assure orderly growth and development while weighing the need for services and facilities against the total financial resources available for securing such services and facilities.
10.94.020 General Provisions.
Whether initiated by petition or by resolution for application, the following general provisions will apply with regard to all proposed or requested annexation actions:
A. Staff is authorized to take all actions and file any protests or notices necessary to protect and preserve City rights and opportunities for further comment or action; whether in connection with LAFCO or any other entity to the extent the City is an "affected city," as defined in Cal.
Gov't Code § 56011 or as amended.
B. The City's adopted General Plan and zoning ordinance reflect the City Council's statement of the city's intentions with regard to future development and expansion. City staff is to work with the County of Tulare and LAFCO to implement the City Council's intent in documents and processes within their jurisdiction and with regard to all actions to achieve consistency with the City's adopted General Plan and zoning ordinance, and existing State and federal law.
C. Complete applications are required and fees must be paid before processing any annexation request.
D. The City will seek to recover the costs of facilities and system capacities needed by any annexed properties proposed for annexation in a manner consistent with the City's connection fee and development impact fee programs.
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10.94.030 Applications.
A. An application for an annexation shall be initiated with the City by submission of an application to the Community and Economic Development Department. The Community and Economic Development Director is directed to establish appropriate application forms, fee studies, and processes and to issue administrative guidelines defining a "complete" application and to set the required number of copies. The application materials shall include, but not be limited to, the following:
1. A copy of any annexation or pre-annexation agreement between the party and the City or between the party and the County.
2. Copies of any known studies or reports by any local governmental agency concerning the condition of the infrastructure and any service deficiencies within the area proposed for annexation.
3. A statement regarding the nature and extent of existing public safety and emergency services and an evaluation of additional such services required with regard to the area proposed to be annexed.
4. A statement of the applicant's plans (if any) for extending, financing, and providing municipal services within the area to be annexed.
5. A summary identifying all existing special districts within the area to be annexed.
6. A map of the City and adjacent area showing:
a. Present and proposed boundaries of the city in the vicinity of the proposed annexation. b. The present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation.
c. The existing and proposed land use patterns in the areas to be annexed.
7. A map and legal description of the area proposed to be annexed.
B. The applicant/petitioner shall be responsible for the cost of preparing all environmental documentation required by the California Environmental Quality Act associated with the proposed annexation.
C. Only owners of the properties proposed for annexation using the City resolution process permitted under Cal. Gov't Code § 56654, and registered electors within the proposed area proposed for annexation (or an organization lawfully formed by them to represent their interests), may submit an application.
D. Community and Economic Development Director. The Community and Economic Development Director shall administer all City processes required by either the Act or this chapter in cooperation with department heads from other affected departments. Upon receipt of an application, the Director shall determine if the application is complete and will notify the
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applicant within 30 days if the application is deficient in any manner. Deficient applications will not be processed further until the defects are remedied.
E. In connection with any LAFCO sphere of influence reviews, LAFCO annexation proceedings, or annexation pre-application (collectively, the action) processes the Director will perform an evaluation identifying potential City issues and will make recommendations with regard to such issues. At a minimum, the following issues will be analyzed:
1. Whether the property meets the statutory requirements for annexation.
2. Whether the property is within the City of Tulare's sphere of influence as shown on the last adopted City General Plan.
3. Whether the proposed action is consistent with intergovernmental agreements where the City is a party.
4. Whether the proposed action creates concerns regarding the City's finances or ability to provide municipal services (including without limitation municipal utility services) to the entire city if the proposed action is approved.
5. Projects that will be required or impacted if the City supports the proposed action or if it is completed.
6. City policies that will be affected (such as voting districts, by way of example) if the proposed action is completed.
a. Any other foreseeable consequences about which the Planning Commission and City Council should be informed.
F. In connection with proposed annexations which include inhabited territory, at a minimum, the following additional standards will be applied:
1. The Pavement Condition Index (PCI), as applied to city streets through the City's adopted Transportation System Management Policy will be used to assess the transportation infrastructure and service needs.
2. The factors specified in Cal. Health and Safety Code §§33030 - 33031 for determining whether "blight" exists and its degree.
3. Expected specific increases to City general fund and other fund revenues and other articulable expected City benefits are to equal or exceed the expected increased City disbursements and expected adverse City impacts.
G. Staff decisions are reviewable by the City Manager. All final decisions of the City Manager are appealable to the City Council.
10.94.040 Annexation agreements.
The City may require that applicants requesting a resolution for application from the Council enter into an annexation agreement with the City as a condition to issuing a resolution of application for a proposed annexation. The annexation agreement may contain provisions for zoning of the property, the physical development of the property, the timing of development, the allocation of
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the cost of required public improvements and services, and/or other matters relating to the public interest.
10.94.050 Proposed zoning.
A. The proposed zoning for the area to be annexed may be addressed in an annexation agreement pursuant to § 10.26.040. The annexation agreement may provide for further reorganization to detach the property if, after annexation, the proposed zoning is materially different than that specified in the annexation agreement.
B. The City may zone the property either concurrent with the proposed annexation or within 90 days of recording of the annexation.
10.94.060 Petitions.
A. When LAFCO annexation proceedings are initiated by landowner or voter petitions, the City will fully participate in proceedings in a manner consistent with the provisions, purposes, and objectives in this chapter. City staff is directed and authorized to take all actions consistent with these directions. Such participation will include, without limitation, the following:
1. Seeking LAFCO imposition of terms and conditions on any annexations to mitigate adverse impacts and to implement the provisions of this chapter.
2. If preliminary staff analysis demonstrates the potential for significant adverse fiscal or other impacts to the City, staff is directed to take all actions to mitigate such adverse impacts and to fully inform the City Council regarding such events.
3. Pursue formation of improvement districts and Mello-Roos districts and other financing tools to address significant blight, infrastructure deficiencies, and anticipated disproportionately burdensome service costs as terms and conditions for annexation.
4. Negotiate in good faith with the County of Tulare for a property tax transfer agreement based on the anticipated financial impacts to the City.
5. Prepare and publish factual information describing likely impacts to the residents in the proposed annexation area and to the City in connection with the proposed action. Such information should include, but not be limited to, any information that might be helpful with the process and in describing differences between being in the county and being in the city such as the following: tax differences, land use regulation, code enforcement, and animal control ordinance standards, potential effects of the City's water and sewer ordinances, specific City fees, assessments related to indebtedness, procedures and policies defined by this chapter.
B. Staff will, in all discussions, negotiations, and processes established by the Act or otherwise, seek to cause an application with all related fees and costs and deposits to be filed with the City in order to be able to complete the annexation impact report described in §10.26.060 above and all city reviews allowed by the Act and provided for in this code.
C. Regardless of whether that occurs, the City's efforts to obtain fair share contributions from the other agencies for impact-related costs and LAFCO-imposed terms and conditions will be the
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same whether the annexation process is commenced by a resolution for application of annexation or by landowner/voter petition directly to LAFCO.
10.94.070 Planning Commission duties.
A. Public hearing required. Following acceptance of an application, the Planning Commission shall conduct a public hearing for consideration of the application with the following minimum requirements:
1. Notice of a hearing shall be given in accordance with Chapter 10.16 Public Hearings of this code.
2. The Planning Commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.
3. Following the conclusion of the public hearing, the Planning Commission shall make written recommendations to the City Council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reasons for the recommendation.
10.94.080 City Council duties.
A. Public hearing required. After the Planning Commission makes a recommendation on the application, the City Council shall hold a public hearing on the application with the following minimum requirements:
1. Notice of a hearing shall be given in accordance with Chapter 10.16 Public Hearings of this code.
2. The City Council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.
3. Following the conclusion of the public hearing, the City Council shall approve, modify, or reject the Planning Commission's recommendation, provided that a substantial modification not previously considered by the Planning Commission shall be referred to the Planning Commission for a written recommendation prior to consideration of an amendment. Prior to the adoption of an annexation, the City Council shall make written findings supporting the reason for the decision. Approval of the annexations shall be by adoption of a resolution of application.
B. Property tax exchange resolution. If the City Council adopts a resolution of application in accordance with §56700 of the Cal. Gov’t Code, the Council shall also adopt a property tax exchange resolution in accordance with §99 of the Cal. Revenue and Taxation Code establishing the amount of property tax revenues to be exchanged between and among local agencies whose service area or service responsibility will be altered by the amount of, and allocation factors with respect to, property tax revenue estimated from the proposed application.
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C. Filing. The City Council shall direct the City Clerk to file a certified copy of the resolution of application and a copy of the property tax exchange resolution with the executive officer of the Tulare County Local Agency Formation Commission (LAFCO).
10.94.090 Tulare County Local Agency Formation Commission (LAFCO).
Following approval of the resolution of application by the City Council, the applicant shall submit an application to the Tulare County LAFCO in order to initiate annexation proceedings with that agency.
10.94.100 Taxation authorization.
In addition to any and all fees, all property annexed to the City shall be subjected to taxation equally with property within the City, and to pay and bonded indebtedness outstanding or authorized on the effective date of the annexation.
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Chapter 10.96
DEFINITION OF LAND USES
Sections:
10.96.010 Purpose.
10.96.020 Land use definitions.
10.96.010 Purpose.
The purpose of this chapter is to establish definitions for the identified land uses in this title.
10.96.020 Land use definitions.
The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition but refers to the line item of that land use in Table
10.08.020-1 and Table 10.08.030-1.
“Accessory building or structure” means a structure which is subordinate to and the use of which is customarily incidental to, that of the main building, structure, or use on the same site, including patio covers. If any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. This does not include accessory dwelling or junior accessory dwelling units. (42) “Accessory dwelling unit (ADU)” as set forth in California Government Code Section 65852.2 is a smaller (detached or attached) secondary dwelling unit with complete, independent living facilities (kitchen and bathroom) that is located on the same parcel as a primary dwelling unit (existing or proposed). The ADU can be located within or attached to a single dwelling unit, within a multiple dwelling unit building, or in a separate detached structure. (30) “Accessory dwelling unit, junior” as set forth in California Government Code Section 65852.22, means a small dwelling unit (500 square feet maximum in size) that is developed within the walls of a single dwelling unit. The Junior ADU must have a separate entrance, an efficiency kitchen, and access to a bathroom either within the Junior ADU or via shared access with the primary dwelling unit. A Junior ADU is allowed only within the single dwelling unit and is not permitted within an accessory structure or multiple dwelling unit development. (31) “Accessory use” means a use incidental, related, appropriate, and clearly subordinate to the main use of the site or building, and accessory use does not alter the principal use of the site. (42) Adult day health care center. See Residential care facility. (17) (18) (H15) (H16) Adult Daycare. See Daycare, Adult (56) (L10)
“Adult entertainment establishment” means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter establishment, adult model studio, or any other business or establishment that offers its patrons services or entertainment
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characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” but not including those uses or activities, the regulation of which is preempted by State law. (I1)
“Agricultural crop production” means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 10021.6, any employee housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1) “Agricultural products packing, packaging, preparing or processing” means a facility performing any processing or packaging of crops after harvest, whether or not value is added, to prepare them for market on-site or for further processing and packaging elsewhere, including but not limited to alfalfa and hay cubing; corn shelling; drying of corn, rice, hay, fruits or vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; canning, freezing, or preserving fruits and vegetables; tree nut hulling and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under “Agricultural crop production.” It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculture-related promotional and/or educational items, and facility tours. Does not include “wineries,” “commercial cannabis activity,” “cannabis cultivation,” or sorting and packing activities conducted within a permitted roadside stand. (D2)
“Airport or heliport” means an area of land, water, or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1)
“Ambulance service” means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle which includes a trained ambulance attendant who is licensed or certified as required by state law. (J1) “Animal raising” means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)
Art school. See School, charter, trade, vocational, art, business, or professional. (70) (C14) “Artisan food and beverage production and sales” means small-scale production and/or preparation of food and/or beverages made on-site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as smallbatch food producers and bakeries, small-batch candy shops, cheese makers, and herbal remedies.
The definition does not include the production of beer, wine, or other alcoholic beverages. (B1) “Assembly facility” means:
1. Meeting facilities for organizations including facilities for business associations, civic, social, and fraternal organizations, labor unions and similar organizations, political
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organizations, professional membership organizations, and other membership organizations.
2. Churches and other religious institutions, including living quarters for ministers and staff, but excluding other establishments maintained by religious organizations such as educational institutions and daycare, which are separately regulated.
3. Community centers and other multipurpose meeting and recreational facilities that include one or more meeting or multipurpose facilities, kitchens, and outdoor barbecue facilities available for use by various groups for meetings, parties, receptions, dances, etc. (50) (C1) “Assisted living, skilled nursing, or hospice facility” means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (2) (H1) “Athletic complex or ball field” means a field, outdoor court, outdoor swimming pool, stadium, or group of these used for sporting activities such as baseball, softball, football, basketball, swimming, or other sports, and is not operated as a commercial enterprise. (G1) “Auction or sales house” means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate, or personal property sales conducted upon the site of the estate, foreclosed or for sale property, or property belonging to the personal property owner. It does not include “Swap meet or flea market” or “Auction or sales yard.” (I2)
“Auction or sales yard” means an outdoor or open-air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include “Swap meet or flea market.” It may also have an indoor component similar to an Auction or sales house. (I3)
“Auditorium” means a large room or building used for public gatherings typically open to the general public to watch and/or listen to movies, plays, acts, speeches, or concert performances.” (C2) (C3)
“Automated teller machine (ATM)” means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)
“Automobile and pick-up sales, new and used” means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used automobiles and pick-ups along with repairs and servicing of automobiles or pick-ups. (I4) “Automobile and pick-up sales, used only” means an open area or building, other than a street, used for the display, sale, or rental of used automobiles and pick-ups and where no repair work is done except minor incidental repairs and servicing of automobiles or pick-ups to be displayed, sold or rented on the premises. (I5)
Automobile service station. See Fuel sales, retail, Motor vehicle repair or service, minor, and Motor vehicle repair service, major. (I15) (J18) (J19)
Automobile wrecking yard. See Junk yard, wrecking yard, or salvage facility. (K5)
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Ball field. See Athletic complex or ball field. (G1)
“Bank or credit union, main branch” means an institution providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, loan services, or merchant banking services. This use excludes a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2)
“Bar, nightclub, or lounge” means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service, and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2)
“Barbershop, hair salon, nail care, massage therapy, or day spa” means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup but does not include other forms of tattooing or body art application. (J3) “Bed and breakfast inn” means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically require an ABC Type 67 license. (3) (H2) “Boarding house or rooming house” means a building containing a single dwelling unit and provisions for five or more persons, where lodging is provided with or without meals for compensation. This definition does not include assisted living, skilled nursing, or hospice facility, bed and breakfast inn, or residential care facility. (4) (H3) “Boat, recreational vehicle (RV), and truck sales” means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6) “Brewery, winery, or distillery” is an establishment that manufactures beer, wine, distilled spirits, or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment’s ABC license restrictions and can include tasting facilities and/or a restaurant. This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4)
“Brewpub” means a restaurant that also brews limited amounts of beer (less than 5,000 barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3) “Building materials and supply or home improvement store” means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings. (I7)
“Bus, transit, or train station” means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a route in the public right-of-way where no additional services are provided. (K2)
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Business school. See School, charter, trade, vocational, art, business, or professional. (70) (C14) “Call center” means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection, or market research. (E1)
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. (51-53 (L1-L9) “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients; - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, “medical cannabis” does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (51-53) (L-1-L-9) “Cannabis cultivation” means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. (51) (52) (L-1) (L-2) “Cannabis delivery” shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the Medicinal and AdultUse Cannabis Regulation and Safety Act (MAUCRSA) that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose. (53) (L3) “Cannabis dispensary” means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. (L9)
“Cannabis distribution” means the wholesale procurement, and sale, of cannabis or cannabis products between entities licensed pursuant to MAUCRSA, AUMA, and any subsequent state of California legislation regarding the same. (L4)
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“Cannabis laboratory testing” means offering or performing testing and/or activities relating to the evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the state of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location. (L5)
“Cannabis manufacturing” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The manufacturer conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. (L6)
“Cannabis transporting” means the conveyance by a person, issued a state license authorizing the point-to-point movement of cannabis or cannabis products, in amounts authorized by the state of California, or by one of its departments or divisions under the MAUCRSA and/or AUMA. (53) (L3)
“Car wash, automatic or full service” means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility’s employees, or both. (J4)
“Car wash, self-service” means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J5) “Card room” means an establishment providing legal gambling combined with card games, and can include a restaurant, bar, or other ancillary entertainment. (C4) “Caretaker residence or quarters” is a residence that is an accessory to a primary use of the site, for housing a person or persons who are tasked with caring for or securing the site on a part-time or full-time basis. Second dwelling unit includes a caretaker residence or quarters in residential zones. (38)(A2)
“Carnival or circus” means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games.
Carnival or circus does not include a non-profit event sponsored by a local school or religious institution. (C6)
“Carpet cleaning and dyeing” means an establishment that provides for the cleaning and dyeing of rugs, carpet, and upholstery. (J6)
“Cemetery” means land and facilities used or intended to be used for the burial or interment of the dead, and includes a columbarium, crematorium, mausoleum and/or mortuary when operated in conjunction with and within the boundary of the facility. (F1) Charter School. See School, charter, trade, vocational, art, business, or professional. (70) (C14) Check cashing establishment. See Payday lender or check cashing establishment. (J20) Child care center. See Daycare Center. (59) (L13)
“Club, lodge, or private meeting hall” means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge
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rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C5)
“Cold storage or ice house” means a facility for the storage of food or other items in an artificially cooled place for the purpose of preservation, and/or for producing large amounts of ice. (K3) “College or university, private or public” means a school or group of schools that provides postsecondary education usually resulting in a degree. (C7) Clinic, medical. See Urgent Care Center or other walk-in clinic. (E8) “Commercial recreation facility, indoor” means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as, but are not limited to, a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2)
“Commercial recreation facility, outdoor” means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as, but are not limited to, a batting cage, miniature golf, water slide, go-cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3) “Communications broadcasting or media studio” means a facility that is equipped for sound recording, the transmission of radio and television programs, or the production of motion pictures, television programs, videos, music, cellular phone applications or video games. (E2) “Communications equipment building.” See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (60) (F4)
“Community center or facility” means an assembly building used typically for non-profit social, recreational, and cultural activities. (62) (F2)
“Community garden” means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)
“Construction materials recycling” means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in a landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J7)
“Convenience store, with or without fuel sales” means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries.
Retail fuel sales may or may not also be provided. (I8) “Convention or conference center” means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as
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accessory uses such as facilities for food preparation and serving and administrative offices.
Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C8)
“Copy, printing, or mailing service” means an establishment providing printing, photocopying, engraving, binding, packaging, mailing, and related services to both businesses and individuals. (J8)
“Cottage food operation” means a home-based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (33) (A3)
“Crematorium” is a structure or building substantially exposed above ground intended to be used for the cremation and/or interment of the cremated remains of a deceased person or animal. (J9) “Daycare facility” means a facility providing supervision, feeding, and non-medical care of persons, usually but not necessarily children, for a time period of less than 24 hours. Daycare facilities are further divided into the following categories:
“Daycare, adult” means a facility or program licensed by the State of California provides nonmedical care and supervision to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals, in a daycare setting on less than a 24-hour basis. (56) (L10) “Daycare, large family” means regularly provided care, protection, and supervision of children, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away for seven to 14 children. (58) (L12) “Daycare, small family” means regularly provided care, protection, and supervision of children, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away for up to eight children. (57) (L11) “Daycare center” means any adult or child care facility of any capacity, other than a family care home, in which less than 24-hour per day non-medical care and supervision are provided in a group setting. This classification includes nursery schools, preschools, and daycare facilities for children or adults, and any other daycare facility licensed by the State of California. (59) (A4) (L13) Day spa. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) “Drive-thru pick-up window” means the ancillary use of a window or other opening in the wall of a building through which goods or services are provided directly to customers in motor vehicles. (A5, A6)(B6)(B7)
“Dry cleaning or laundromat” means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where with coinoperated washing and drying machines are available for customer use. (J10) Duplex. See Multi-family dwelling. (13, 14, 15, H13) (14) (15) (H13) Dwelling, accessory. See Accessory dwelling. (30)
Dwelling, multiple-family. See Multi-family dwelling. (13) (14) (15) (H13) Dwelling, single-family. See Single-family dwelling. (19) (20) (21) (H18) (H19)
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“Electrical distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank” means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, natural gas, domestic water, or communications.
Wireless communication facilities are not included in this definition. (60) (F4) “Electric vehicle recharging facility” means one or more publicly available parking spaces served by electric vehicle service equipment and is typically an ancillary use in a parking garage or parking lot. (A7)
Elevated pressure tank. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (60) (F4)
“Emergency shelter” means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less where housing is not denied because of an inability to pay. (5) (H4)
“Employee housing” means property used temporarily or seasonally (not more than 180 days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on or off-site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including an area set aside for parking of mobile homes and manufactured homes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle pursuant to Health and Safety Code Section 10021.5. Specifically, there are two types of employee housing as follows:
1. Employee Housing, Large: Employee housing that serves more than six employees and consists of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household. (7) (H6)
2. Employee Housing, Small: Employee housing that serves six or fewer employees. The housing may be in a single or multi-family residence. (6) (H5) “Equipment rental yard” means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J11) “Exterminator or pest control service” means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J12)
“Family” means all persons, related and unrelated, who occupy a single housing unit. “Fairgrounds” means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F5)
“Farmers market” means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10)
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“Feed and seed store” means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)
“Food catering” means an establishment that prepares and delivers food and beverages for off-site consumption, typically at a special event, without provision for on-site pickup or consumption.
This use includes a commissary kitchen. (J13)
“Food locker” means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption but does not include the slaughtering of animals. (K4) “Food market” means an establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off-premises. It can also contain a section where prepared foods are sold and consumed on-site. (I12)
“Food produce stand” means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)
“Fortune telling” means an establishment where people’s fortunes are predicted through the use of astrology, card reading, numerology, etc. (J14)
“Fuel distributing” means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J15)
“Fuel sales, fleet, or cardlock” means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14)
“Fuel sales, retail” means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15) “Funeral home or mortuary” means an establishment where the deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored, and caskets and other funeral supplies are sold. (C9) “Games of skill or amusement” means machines, devices or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement. This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A9) (A10) “Garden shop” means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I16) Gas regulator station. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (60) (F4)
Gas station. See Fuel sales, retail. (I15)
“Golf course or country club” means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; “pro shops” for onsite sales of golfing equipment; and golf cart storage and sales facilities. (61) (G4)
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“Government office; local, state, or federal” means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F6) “Guest house” means living quarters without a kitchen, located on the same premises with a main residence. (35)
Hair salon. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) “Hazardous waste facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25110.1.) (D5)
“Health or fitness facility, large” means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5) “Health or Fitness Facility, small” means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6) Heliport. See Airport or heliport. (K1)
“Home occupation” means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes and where no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of not more than one ton capacity shall be deemed as normally associated with residential use of the property. (35) (A9)
“Hospital, general or psychiatric” means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E4) “Hotel or motel” means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically require an ABC Type 70 license. (8) (H7)
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“Industrial or manufacturing facility, heavy” means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials. This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; non-metallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include Agricultural products processing. (D6) “Industrial or manufacturing facility, light” means a facility that manufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign production or manufacturing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
Junior accessory dwelling unit. See accessory dwelling unit, junior. (31) “Junk yard, wrecking yard, or salvage facility” means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three (3) non-operating automobiles, other vehicles, or machinery for a period of more than 30 days. (K5) “Keeping of household pets” means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of Animal raising, and typically including dogs, cats, birds, fish or other similar-sized animals. Also, see Animal raising. (36) (A10)
“Kennel or animal boarding” means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (62) (J16)
“Laboratory, general, medical, or dental” means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E3) “Landscape nursery” means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I17)
Large Family Daycare. See Daycare, Large Family (58) (L12) “Library, museum, or cultural facility” means a facility operated entirely on a public or non-profit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C10)
“Linen, diaper or uniform supply service” means an establishment providing high volume laundry and garment services, including power laundries (family and commercial), garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J17)
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“Liquor store” means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I18) “Live/Work facility” means a building that combines a complete dwelling unit with a commercial or office workspace, with both occupancies used by the same person or family. (H8) Lodge. See Club, lodge, or private meeting hall (C5)
Lounge. See Bar, nightclub, or lounge. (B2)
Lumberyard. See Building materials and supply or home improvement store. (I7) “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty (320) or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (10) (11) (H10) (H11)
“Manufactured home sales yard” means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I19) Massage therapy. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) “Meat packing or slaughterhouse” means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)
“Microbrewery” means an establishment that produces small batches of beer for sale on or off of the site and may or may not include food service. Typically, a microbrewery produces fewer than 15,000 barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4) “Mining, quarry, or sand and gravel excavation” means an area of land where rock, ore, stone, and similar materials are excavated and processed for sale for use off-site. (D9) “Mini-warehouse or self-storage facility” means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis.
This use does not include Food locker or Warehouse or distribution center. (71) (K6) “Mixed-use” means an area of land where compatible integration of residential, commercial, office, and/or industrial uses on a single project site. Uses that would not be permitted on their own, can be integrated into a development project. In this case specifically, a hotel or motel can only be allowed in a residential district as part of a mixed-use development. Similarly, residential uses can only be permitted in a commercial district as part of a mixed-use development. (63) “Mobile home” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (10) (H10) “Mobile home park” means an area of land where two or more mobile home sites are rented or leased, or offered for rent or lease, to accommodate mobile homes or manufactured homes used as a residence. (12) (H12)
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“Mobile vendor or food truck” means an establishment that sells food, drinks, or merchandise by means of a motorized or non-motorized vehicle, such as a wagon, pushcart, handcart, bicycle, motorized cart, or food truck that periodically parks to provide food or other wares to customers. (64) (A11)
Motel. See Hotel or motel. (8) (H7)
“Motor vehicle repair or service, major” means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J18)
“Motor vehicle repair or service, minor” means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, window tinting, car stereo installation, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. (J19)
“Multi-family dwelling” means a building or group of buildings in one complex with multiple separate housing units. A multi-family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed-use building that also provides separate space for commercial or office use but does not include an attached single-family dwelling. (13) (14) (15) (H13)
Nail care. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) “News, magazine, or flower stand, outdoor” means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors. This use does not include sales from temporary booths or structures. (I20)
Nightclub. See Bar, nightclub, or lounge. (B2)
“Office; medical, dental, or optometry” means an establishment that provides services, typically by appointment, dealing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include Barbershop, hair salon, nail care, massage therapy, or day spa. (E5) “Offices, professional or commercial” means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods are not provided. Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E6) “Optical retailer” means an establishment that provides prescription eyeglasses and contact lenses, and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I24)
“Outdoor advertising structure” means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A12)
“Outdoor storage” means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (66) (A13)
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“Park or playground” means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner’s association. (67) (G7)
“Parking facility, off-site” means an area, lot, or structure with one or more levels, other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site. This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7) “Pawn shop” means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I21)
“Payday lender or check cashing establishment” is an establishment that cashes checks, warrants, or money orders for a fee, and/or provides short-term loans, usually at a high interest rate, that must be paid in full when the borrower receives their next paycheck. This use does not include Bank or credit union. (J20)
“Pet grooming” is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This use does not include Kennel or animal boarding. (J21)
“Pet store” means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I22)
“Pharmacy” means an establishment that provides prescription drugs under the supervision of a pharmacist and can also provide other retail products. (E7) “Photography studio” means an establishment where customers can have their portraits taken professionally. (J22)
“Pool hall or billiard parlor” means an establishment where pool and/or billiard games are played for a fee. (C11)
“Post office” means a facility that accepts, processes, and sorts mail, operated by the United States Postal Service. (F7)
Private meeting hall. See Club, lodge, or private meeting hall (C5) Professional school. See School, charter, trade, vocational, art, business, or professional. (70) (C14)
Produce stand. See Food produce stand. (I13)
“Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard” means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F8) “Public safety facility or station” means a facility that is a base for providing public safety and emergency services, including police, fire protection and emergency services. This use does not include Ambulance service. (F9)
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Public service pumping station. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (60) (F4)
“Raising of fruit, vegetables, and horticultural specialties for personal use” means garden crops, including fruits, vegetables, and ornamental plants that are not sold or processed for sale. (37) “Recreational vehicle park” means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use, and that typically provide support services, such as utility hookups and sewer dump facilities. (16) (H14) “Recycling, processing or sorting facility” means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J25)
“Recycling, large collection facility” means a facility located in an area of over 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure or an unattended container placed for the donation of recyclable materials. (J24)
“Recycling, small collection facility” means a collection facility that occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure or an unattended container placed for the donation of recyclable materials. (J23) “Repair shop, large appliance or equipment” means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on-site and includes repair of large motorized equipment that are not vehicles. (J26)
“Repair shop, small appliance or equipment” means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or workbench. This use typically provides all of its service on-site and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J27) “Research and development facility” means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D10)
“Residential care facility” means a single-family dwelling, group care facility, or similar facility licensed by the State of California for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (17) (18) (H15) (H16)
“Residential dwelling located in the same building with office or commercial use” means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H17)
“Restaurant, full service” means an establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live
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entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5)
“Restaurant, limited service with drive-thru pickup window” means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B6) (B7)
“Restaurant, limited service without drive-thru pickup window” means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter.
Takeout or delivery service and/or live entertainment may also be provided. Drive-thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B8)
“Retail sales store” means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I23) (I24) “Retail sales solely via internet, direct mail, or telephone” means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than 5,000 square feet. This use does not include a Call center or a Warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I25)
Rooming house. See Boarding house or rooming house. (4) (H3) “School, private (kindergarten to 12th grade)” means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include homeschooling at a residence. (68) (C12)
“School, public (kindergarten to 12th grade)” means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include a charter school. (69) (C13)
“School; charter, trade, vocational, art, business, or professional” means a facility that is operated either with public funds under a charter contract or with private funds, and that offers specific educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, and automotive repair schools, and similar specialized schools. (70) (C14)
Scrap metal processing. See Junk yard, wrecking yard, or salvage yard. (K5) “Secondhand or thrift store” means an establishment that accepts donations of secondhand items and clothing and is typically operated for charitable purposes. (I26) Self-storage facility. See Mini-warehouse or self-storage facility (71) (K6)
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Service station. See Fuel sales, retail, and Motor vehicle repair or service, minor. (I15) (J19) “Shooting range, indoor” means an establishment that is used for archery or firearms practice in a fully enclosed facility. (J28)
“Shooting range, outdoor” means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J29)
Sign manufacturing and production. See Industrial or manufacturing facility, light (D7) “Single-family dwelling, attached” means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (19) (H18)
Single-family dwelling, detached” means a building with one residential dwelling unit located on one lot. (20) (H19)
“Single-room occupancy (SRO)” means a residential facility of two or more separate individual rooms with typically less than 500 square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single-room occupancy does not include Hotel or motel. (22) (H20)
Small family Daycare. See Daycare, small family. (57) (L11) “Social service office, assistance center, or guidance center” means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions. This use does not include facilities that provide overnight stay. (F10)
“Solar energy system” means any collection of solar panels, connectors, battery banks, controllers, wiring, meters, and switching devices intended to work in combination to convert solar energy to electrical power. (A15) (A16)
“Specialty construction or trade service” means an establishment that provides construction, installation or maintenance services activities that are typically specialized trade activities, and where some of the service may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include Repair shop or Motor vehicle repair or service. (J30) “Storm drainage basin, with or without a park” means a facility that collects stormwater from offsite locations into a sunken basin. The facility may be inaccessible to the public or may be designed to provide partial public access for recreational use. (72) (F11) “Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar” means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include Health or fitness facility. (C15)
“Supportive housing” is defined in Section 50675.14 of the Health & Safety Code and has no limit on the length of stay, is occupied by a target population as defined in Health & Safety Code Section 53260 (i.e., low-income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18), that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible,
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work in the community. Services may include case management, mental health treatment, and life skills. (23) (H21)
“Swap meet or flea market” means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sells or barter merchandise. This use does not include ‘Farmers market,’ ‘Auction or sales house,’ or ‘Auction or sales yard.’ (I27) “Tailoring or clothing alterations” means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J31) “Tattooing or body art” means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. This use does not include any use that is more specifically defined in Section 10.62.020. (J32)
“Temporary materials or equipment storage yard” means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition activity occurring on another site. (39) (A17) “Temporary sales office” means a facility that provides temporary office space to support the sale of residences or other structures and can include related parking. (40) (A18) “Tobacco, smoke, or vape shop” means an establishment that provides tobacco or vape products or tobacco or vape-related paraphernalia in an area greater than 40 percent of its total available retail floor space. (I28)
Trade school. See School, charter, trade, vocational, art, business, or professional. (70) (C14) Transit station. See Bus, transit, or train station. (K2) Travel center. See Truck stop or Travel center. (K8)
“Transitional housing” means any program that is designed to assist homeless persons in obtaining skills necessary for independent living in permanent housing and which includes; comprehensive social service programs consisting of regular individualized case management services such as alcohol and drug abuse counseling, self-improvement education, employment and training assistance services, and independent living skills development, the use of a program unit as a temporary housing unit in a structured living environment which use is conditioned upon compliance with the transitional housing program rules and regulations, and a rule or regulation which specifies an occupancy period of not less than 30 days, but not more than 24 months. This definition includes low-barrier navigation centers. (24) (H22) “Truck stop or travel center” means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
“Trucking or transportation terminal” means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9) “Urgent care center or other walk-in clinic” means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room, typically without an appointment. This use includes urgent care centers, free clinics, hospital13.1 Public Hearing Page 429 City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 399 2024
based health clinics, and community health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E8) “Vehicle impound yard” means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
“Vending machines” means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice; food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but do not include fueling pumps. (A19)
“Veterinary clinic or office” means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J33)
“Veterinary hospital” means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J34) Vocational school. See School, charter, trade, vocational, art, business, or professional. (70) (C14) “Warehouse or distribution center” means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or self-storage facility. (K11)
Winery. See Brewery or winery. (D4)
“Wireless Communication Facility” means an unstaffed facility that transmits and receives wireless telecommunications, and typically consists of an antenna array, connection cables, and equipment room, and an antenna support structure tower, or pole. (F12)
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Chapter 10.98
DEFINITION OF TERMS
Sections:
10.98.010 Applicability.
10.98.020 Definition of terms.
10.98.010 Applicability.
The terms, words, and phrases defined in this chapter shall apply to this title.
10.98.020 Definition of terms.
“Abutting” means two or more parcels sharing a common boundary at least at one point. “Abandoned” means failure to develop, maintain, or use a building, structure, or improvement or failure to conduct a use upon real property for a stated period of time. “Access” means safe, adequate, and usable ingress or egress to real property, structures, or improvements.
“Action” means the decision made by the review authority on a land use application, including appropriate findings, environmental determination, and conditions of approval, where applicable. “Addition” means any construction that increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
“Alley” is a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.
“Alteration” means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.
“Antenna” means a device for transmitting or receiving radio, television, or any other transmitted signal.
“Applicant” means owner(s) of property, or their agent(s) who are seeking privileges provided by this title.
“Attached” means any structure that has a wall or roof in common with another structure. “Basement” means a portion of the building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. “Berm” means a mound or embankment of earth.
“Block” means a parcel of land surrounded by public streets, highways, freeways, railroad rightsof-way, flood control channels, creeks, washes, rivers, or unsubdivided acreage or any combination thereof.
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“Building” means a permanently located structure, having a roof, for the housing or enclosure of persons, possessions, or property of any kind. Mobile homes, travel trailers, and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. “Building area” means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.
“Building height” means the vertical distance between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, vents, antennas, elevators, and similar mechanical equipment.
“Building, main” means a building in which the principal use of the real property is conducted. “Building setback area, front” means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area. “Building setback area, interior side” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the required rear building setback area or, where there is no required rear building setback area, to the rear lot line and from the interior side lot line to a setback line parallel thereto. “Building setback area, rear” means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.
“Building setback area, side” means a building setback area between the side lot line and a line parallel thereto and extending from the front building setback area to the rear building setback area.
“Building setback area, street side” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto. “Building site” means the ground area of a building together with all open spaces required by this title.
“Carport” means a permanent roofed structure not completely enclosed to be used for vehicle parking.
“City” means the City of Tulare.
“Commercial vehicle” means a vehicle customarily used as part of a business for the transportation of goods or people.
“Commission” means the Planning Commission of the City of Tulare. “Conditional use” means a use that may be located within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety, and welfare and will not impair the integrity and character of the zoned district. “Conditional use permit (CUP)” means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.
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“Construction commencement” means the start of construction of a substantial portion on-site and off-site structural improvements after a building permit has been issued. “Council” means the City Council of the City of Tulare. “County” means the County of Tulare.
“Corner cutoff area" means an area at the corner of a street, alley, or private driveway that must remain free of visual obstruction for traffic and pedestrian safety. “Court” means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building.
“Days” means consecutive calendar days unless otherwise stated. “Decibel (dB/dBA)” is a unit for describing the amplitude of sound, as it is heard by the human ear.
“Density” means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.
“Density Bonus” means an increase in the allowable number of residences granted by the city or county in return for the project’s providing low- or moderate-income housing. A housing development that provides 20 percent of its units for lower-income households, 10 percent of its units for very-low-income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions (See California Government Code section 65915). “Design” means the planning and engineering of the following: street alignments, grades, and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building, structures and improvements and other such specific physical requirements. “Detached” means any building or structure that does not have a wall or roof in common with any other building or structure.
“Development” means any change or alteration of real property or its boundary lines, and including, without limitation, the placement or erection of any solid material, structure or improvement thereon; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this title, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project,” as defined in Government Code Section 65931, is included with this definition.
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“Development agreement” means a binding contract between a developer and a city or county establishing the conditions under which a particular development may occur. The local government “freezes” the regulations applicable to the site for an agreed-upon period of time. (see California Government Code section 65864)
“Development permit” means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of specific property, subject to compliance with all terms and conditions imposed on the entitlement. “Display area” means the area of a building in a retail sales store used to display goods that are for sale.
“Driveway” means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. “Dwelling” or “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. A dwelling unit shall have interior access between all habitable spaces, except that a junior accessory dwelling unit containing all facilities necessary for living, sleeping, eating, food preparation, and sanitation need not maintain interior access to the remainder of the dwelling unit. “Easement” means a grant of property rights by the property owner to the public, or any specific person.
“Electric vehicle” means a vehicle that uses a plug-in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle. “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle. “Emergency Shelter” means a structure or building, including a tent, that is utilized for sleeping purposes during a shelter crisis as part of an emergency homeless shelter facility. An emergency homeless shelter is not a dwelling and need not contain all provisions for living and habitation as required for dwellings by state housing law and shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care “Establishment” means land, buildings, rooms, space, and/or equipment necessary for conducting business.
“Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
“Family” is one or more individuals living as a single housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.
“Facility” means land, buildings, rooms, space, and/or equipment necessary for doing something. “FAR (Floor Area Ratio)” is a measure of development intensity. FAR is the ratio of the floor area of a building to the area of its site. For instance, both a two-story building that covers an entire lot and a four-story building that covers half of a lot have a FAR of 2.
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“Fence” means a barrier surrounding or located upon a parcel of real property or a portion thereof and intended to prevent escape or intrusion therefrom or to identify a boundary identity, including without limitation, screened, solid (90 percent) or more closed to air, light and vision), open (50 percent or more), or temporary and which may be constructed from wood, metal or masonry material or any combination thereof.
“Floor area” means the gross area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. “Furniture” means the things placed in a room that equip it for living. This normally includes beds, tables, chairs, sofas, desks, and shelves. Home appliances, outdoor/patio furniture, wall cabinets, garage storage units, and home furnishing accessories are excluded from the definition of furniture. “Garage” means an enclosed building or a portion of an enclosed building used for the parking of vehicles.
“Garage subordinate design” means the garage is set back from the front façade of a home or the entrance to the garage is not a part of the front elevation of a home (such as alley-loaded or sideloaded garages). For the purpose of meeting design standards, the living space shall be at least five feet forward of a front-facing garage.
“General Plan” means a document adopted by the City Council containing a statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the City of Tulare.
“Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
“Grade” means the degree of rise or descent of a sloping surface. “Grade, finished” means the final elevation of the ground surface after development. “Grade, natural” means the elevation of the ground surface in its natural state before man-made alterations.
“Grading” means the stripping, cutting, filling, and stockpiling of earth or land, including the land in its cut or filled condition.
“Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel and does not include adjacent lands already dedicated for such purposes. “Hazardous waste” means either of the following:
1. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
2. A waste that meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services pursuant to Health and Safety Code Section 25117 or any other federal, State, or local law or regulation.
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3. Resource Conservation and Recovery Act hazardous wastes.
4. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Health and Safety Code Section 25117.)
“Improvement” means any item which becomes part of, placed upon, or is affixed to real estate. “Infill development site” means a parcel or group of parcels that make up a site that is vacant or underutilized and is surrounded by developed land or parcels on at least 75 percent of its perimeter.
Infill development sites include previously developed sites that may/will be redeveloped. “Integrated shopping center” means a combination of three or more business establishments permitted or conditional permitted in the zone district in which they are located where off-street parking, landscaping, lighting, or other features are developed, managed, and maintained jointly. “Kitchen” means any room, all, or any part of which is designed and/or used for cooking and the preparation of food.
“Landscaping” means an area devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; artificial turf and other permeable surfaces; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements. “Land use” means a description of how land (real estate) is occupied or utilized. “Loading Space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lot” means a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classifications of lots are:
1. “Corner” means a lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot.
2. “Flag” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.
3. “Interior” means a lot abutting only one street.
4. “Key” means a lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.
5. “Reverse corner” means a corner lot, the rear of which abuts the side of another lot.
6. “Through” means a lot having frontage on two generally parallel streets, with only one primary access.
“Lot area” means the net horizontal area within bounding lot lines after dedication. “Lot coverage” means the area of a lot covered by buildings excluding eaves, projecting balconies, ground-level paving, landscaping, and open recreational facilities.
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“Lot depth” is the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.
“Lot frontage” means the portion of the lot contiguous to the street. “Lot line” means any boundary of a lot. The classifications of lot lines are:
1. “Front” means on an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the Director). On a through lot, the lot line abutting the street providing the primary access to the lot.
2. “Interior” means any lot line not abutting a street.
3. “Rear” means a lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line.
“Lot Width” means the horizontal distance between side lot lines, measured at the front setback line.
“Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, including, but not limited to allowing partners, pets, possessions, and privacy for participants. “Mall” means a large building or series of connected buildings containing a variety of retail stores, restaurants, and entertainment activities including, but not limited to, such activities as theaters, arcades, amusement rides, rock-climbing, and other indoor recreation opportunities that serve a regional population.
“Median” means a paved or planted area separating a street or highway into two or more lanes of opposite directions of travel.
“Non-conforming lot” means a lot, the area, frontage, or dimensions of which do not conform to the provisions of this zoning code.
“Non-conforming structure” means a structure that was lawfully erected prior to the adoption of this title but does not conform with the development standards of the district in which the structure is located, including coverage, setbacks, height of structures, or distances between structures. “Non-conforming use” means a use that was lawfully established and maintained prior to the adoption of this title, but does not conform with the use regulations for the zoning district in which it is located or to the provisions of this zoning code. “Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include areas covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites.
“Open space, usable” means recreational or leisure space for the shared use of residents of a multiunit development and may include gardens, playgrounds, courtyards, swimming pools, sitting
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areas, court games, recreation rooms, exercise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar uses or facilities.
“Overhang” means the part of a roof or wall that extends beyond the façade of a lower wall. “Overlay district” is a district established by this zoning code which may be applied to a lot or portion thereof only in combination with a base district. “Parapet” means the extension of the main walls of a building above the roof level. “Parcel” means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest recorded map in the County recorder’s office. “Parking area” means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. “Parking lot” is an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.
“Parking ratio” means the number of parking spaces provided per 1,000 square feet of floor area. “Parking, shared” means a public or private parking area used jointly by two or more uses. “Parking space” is the space marked for the parking of a motor vehicle within a public or private parking area.
“Parking structure or structured parking” means a multi-story car park (also called a parking garage or indoor parking) designed for car parking and where there are a number of floors or levels on which parking takes place.
“Parkway” means that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, as applicable, used for or which may be used for the purpose of planting and maintaining street trees, shrubs, hedges, or other plants. In some areas within the city, park strips may extend into a private property’s yard beyond the sidewalk. Park strips may be located on private property or may abut private property. “Performance standards” means zoning regulations that permit uses based on a particular set of standards of operation rather than on a particular type of use. Performance standards may provide specific criteria to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, or visual impact of a use. “Permit” means a written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. “Person” means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, State of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee. “Permitted use” means any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Planned unit development (PUD)” means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office,
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manufacturing, retail, public or entertainment in a single or physically integrated group of structures.
“Principal use” means the primary or predominate use of any lot, building or structure. “Project” means the total development within the boundaries as defined on the development plan. “Public right-of-way” means a strip of land acquired by reservation, dedication, prescription, voluntary purchase and sale, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or any other public uses.
“Recreational vehicle” means a vehicle or trailer capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle and bearing the insignia of the State of California or any other State or federal agency having the authority to approve recreational vehicles. RVs include without limitation, any of the following: camp trailer, as defined by the California Vehicle Code Section 324; house car, as defined by California Vehicle Code Section 362; trailer coach, as defined by California Vehicle Code Section 635; mobile home, as defined by California Vehicle Code Section 396; bus, as defined by California Vehicle Code Section 233, whether altered or unaltered or for commercial or private use; boat, watercraft, and/or trailer for a boat or watercraft; trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and recreational vehicle, as defined by the California Health and Safety Code Section 18010.
“Recyclable material” means reusable material including but not limited to metals, glass, plastic, and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials but may include used motor oil collected and transported in accordance with Cal. Health and Safety Code Sections 25250.11 and 25143.2(b)(4).
“Recycling” means the process by which waste products are reduced to raw materials and transformed into new reused or reconstructed products that meet the quality standards necessary to be used in the marketplace.
“Review authority” means the person, committee, commission, or council responsible for the review and/or final action on a land use entitlement.
“Right-of-way” means a strip of land acquired by purchase, reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
“Rounding of quantities” means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is.5, except as otherwise provided in this zoning code. “Screened or screening” means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least 90 percent view obscuring. “Setback” means the area between the setback line and property line.
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“Setback line” is a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot. “Shipping container” means a standardized reusable vessel, prefabricated container, or structure originally designed for or capable of being mounted or moved by rail, truck, or ship. This definition includes the terms seatrain, C-Train, C-van, ISO container, and cargo container. “Sign” means any letter or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. “Single-room occupancy (SRO)” means a residential facility of two or more separate individual rooms with typically less than 500 square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. An SRO may not be occupied by more than one person. Single-room occupancy does not include Hotel or motel. “Site” the land or area that is the subject of a development project or use and may include more than one lot or parcel.
“Site area” means the net horizontal area included within the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use. “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land.
“Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.
“Solar facilities” means the airspace over a parcel that provides access for solar energy system to absorb energy from the sun.
“Specific plan” means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
“Story” means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
“Street” means any public or private thoroughfare with a width of 20 feet or more which affords a primary means of access to abutting property.
“Street, private” means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and is not to be construed to mean driveways, alleys, or parking areas.
“Street, public” is a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication that have been improved or for which a bonded improvement agreement is in effect.
“Structural Alterations” means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders.
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“Structure” means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. “Structure, accessory” means a subordinate building that is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a Building Permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, accessory dwelling units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes.
“Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Temporary structure” is a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Temporary use” means a use established for a designated period of time, with the intent to discontinue the use at the end of the designated time period. “Traffic safety sight area” means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, which inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited.
“Transient basis” means a continuous period of two weeks or less. “Underutilized land” means land with a structure or structures that occupy only a small portion of the land and is being used significantly below its potential use. “Use” means the purpose (type or extent) for which land or a building is arranged, designed or intended or for which either land or a structure is occupied or maintained. “Use initiation” means the implementation of a use on a parcel or occupancy of a structure, or construction of substantial site improvements after a building permit has been issued, subject to determination by the Director.
“Use, accessory” means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this ordinance. “Use, allowed” means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this Ordinance.
13.1 Public Hearing Page 441
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 411 2024
“Use, conditional” means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to development/design review or to a Conditional Use Permit, and to all other regulations established by this Code.
“Use, principal” means a use that fulfills a primary function of a household, establishment, institution, or other entity.
“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
“Variance” means a discretionary entitlement that permits the departure from the strict application of the development standards contained in this zoning code. “Vehicle” means a self-propelled device by which persons or property may be moved upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
“Wildlands” means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.
“Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
“Zero Lot Line” means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
“Zoning certificate of occupancy” means a permit issued by the community development department that allows the occupancy of a structure that conforms to all applicable provisions of this chapter and any and all conditions or requirements issued by the City or any of its departments, or by any other federal, State or local agency or body. “Zoning district” means a portion of the city within which certain uses of land and structures are defined, and regulations are specified.
13.1 Public Hearing Page 442
November 25nd, 2023
Attn: Mario Anaya
City of Tulare
Planning Department
491 North "M" Street
Tulare, California
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
Re: 6.2 Comprehensive Zoning Ordinance Update
Dear Mr Anaya,
Leadership Counsel for Justice and Accountability ("LCJA") works alongside the Matheny Tract Commit1ee ("MTC"), a group comprised of l'vlatheny residents whose mission and purpose is to advocate for improved conditions in Matheny Tract. Together, we've successfully advocated for the connection of the community to tbe City ofTulare's water system, are advancing the community's connection to the City's wastewater system, and have advocated for the protection of the conununity's environmental health and infrastructural improvements by engaging with both the City and Tulare County.
Residents have continuously engaged in Tulare City Counci.l meeti ngs, have met with the City Manager, Marc Mondell, sent numerous letters to the City and County outlining the burdens they face as a result of the City's encroaching industrial development, and advocated for the establishment good-neighbor practices that would protect their community's health and infrastructure from said development, including a rezone of the industrial sites north of Matheny Tract, significant standard requirements to protect the community from heavy industrial developmeut east of their community, and recommendations to the zoning ordinance.
Unfortunately, the City bas not agreed to address issues related to tile persistent industrial development surroundiug Matheny Tract. On the contrary, the City has maintained its position of developing existing industrial-zoned land north of the community and expanding its industrial zone south of the community, enveloping Matheny Tract.
ln April 2023, LCJA, i11 collaborati011 witb MTC, submitted recommeudations to assist the City in developing a Zoning Ordinance draft that advances well-being, environmental health,
13.1 Public Hearing Page 443
DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
and equal acc·ess to opportunities for communities mo t burdened by pollution, particuJarly Matheny ract. Per our review of the October 2024 City of ulare Zoning Ordinances Public Draft (0 Zoning Ordinance Draft'). the City has failed to include our recommendations to expand public engagement and notification of projects, improve the accessibiJity of notifications of projects, and implement measure and polici to protect sen itive receptor 1, particularly low-ine-ome disadvant.aged communities, from th.e impacts of industria development and accompanytng trnffic and air quality impacts. TI1c zoning ordinance 1pdatc process presents the City witb the opportunity to adopt policie that uphold environmental. justic principle and protect the w 11-being of residents from Matheny Tract and 1ts con titucnt . We urg the ity to re.con ider our recommendations to ensur its land rrse practices affirmatively .further fair hon. ing and prot ct overly burd ne<l e-ommunitie from the impact of indu trial d velopment Outline of Recommendation
• The ity must nhanc-e pub he notification and engag ment in th approval of project . particu1arly ·n conm1e ·cia1, 1igbt, and heavy industrial zone , by expanding notification requirements to prope11y o,vne -~ and property occupant · within a mile of the project location to guarantee the public a seat at the table of land u ·e decision that can hold impacts to their community.
•· otification • mu t be acce: ·.ible to community by requiring Spani ·h and Mixteco tnm lations, being sent 0 day prior to the public hearing, the inclusion of an accurate de cription of the project, maps and drawings of the project and its proposed location. and be brnadcasted no less than 30 days prior to the public hearing on local radio and televi ion outlets in uglis 1, Mixteco, and Spani h.
• Activities in light and heavy industrial di t:ricts must not encroach on area that hou e ensitive land use , inc-luding home and • chools, and nm t mitigate any impact on the environment and sensjti ve receptm .
• The Cjty slrnH include requirement in development tandards tJiat , ou]d miti.gate potential harms of project jn commcrcia l, light, and heavy industrtal zones on re idcntial area and sen .itivc receptors including homes and schoo]s, through mca ur-cs such as in rea cd buffers and set-hack di tanc s, 0 rce,n boundaries, noi waU , and electric ehicle infra tmcturc.
1 Scnsiti,1c receptor. are chilclre.n, elderly a.~malics and 11.illicrs whosi..: an: al a hcighlcrit>d risk of 11cgaLi, • health outcome due lo exposure to air pollution. 1e location where Lhese sen iLi e recepto1's congregate are con idered en hive receptor location . . Sen itive Receptor locatiot1 may include ho, pitals. chool~, and dar care centel', and . ueh other location.· m, the: air cfo,lrict bo.:lltl or ·Ca liforn ia Air Resource.~ Boord may dcte1111 ine (California Health and Safety Code * 42705.5(a)t5)). Califorfoia Air Resou e • Bm1rd Sen iLive Rec:epto As ment. http ://ww2.arb.ca.govfoapp/c tl'rdi/sen iti,1e-reoeptor-asse , meut 2 13.1 Public Hearing Page 444
DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
• Requirements hould include at least two line of drought-resilient tree as a solid-screen buffering treatment along industrial project property lines ,vithi □ 1000 ft of sensitive receptors as a landscaping standard.
• tilize oonditionai use permits to aliow for extra consideration and pubhc input for industriaJ and commerciaJ projects when proposed :near en it'ive receptors. • \.Vhile only ertain type of pro'ecrs are eligible to b considered by the ite plan om mi nee. the committee can approve the project without n "eding rn go to th planning ommi. .sion or city ounci1 for consideration aild apprn al. Our recmnmendation i for new or xisting i11du trial proj ct or oper. tion Lhm ,viU increase the int nsity of operations not to b approved through the ite 01n1niue-e to "n ur a robu t public proce .. In tead, n w comrner ia] or indu tri I development and existing commerdaI or indu trial u e. invol ino ru-1 int n i:fication of land llL e hou]d b proce ed thr ugh the planning commi . ion.
Cut:rent Conditions iu_ Matheo>' Tract
Matheny Tract • a disadvantaged, uninco ·porated community located ·outhwest of the City of Tulare, within a mile radius of the ity's in.du ·trial development, including trucking and diese] industrie , food manufacturing, onstruction, recycling, demolition ites. and farm equiprne 1t manufacturing. The conunu lity begat as a place of refuge for ·f:-ican Amer·can farmworker in tl e m·d~20th centu·y and ha -conthued to be o erlooked and ig10red by the City of Tulare. 1 be industrie allowed and e 1couraged by the City's zoning burden the community ,vith emissions, noise mad deterioratio 1, and vibration from truck traffic from nearby faciliti,es during day-to~day operations, incJuding transportation of product . The City' recalcitrance to residents of Matheny Tract has ·esulted in the current lack of bas·c infrastructure, depletion of existing infra tructnre, and ,exposure to various sources of polluting land uses, including development under the City ofTulare's I treet Specific Plan.
Matheny T·act is enclosed by the city's indust-ial zone and e;ustmg indu trial development iacluding Truck & railer Repair, Double D Towing, and ruck Tub nt which houses large semi-trucks and traffic near the community. J'vfutheny Tract al o neighbor the Saputo Chee e factory Ruiz ood.s, and other large upply shops like Mid- alley Pipe & Supply Inc., CaJifomia Industrial Rubber, and I ydraulic Controls Inc. esidents in Matheny Tract lhttp ://w ww. bloom berg.comtne slarticles/20 I 5-10-08/t:he-drnugllt-force --wmer- y te m- on olid ation-in-callfomi a- -centraJ-valle
3 13.1 Public Hearing Page 445
DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
experience poor quality of life and health issues mainly exacerbated by the ramifications of living near various polluting ,ources. Despite its proximity to the City of Tulare, fatheny , ract continues to have ]imited basic infrastruchn-e, such a Jights and sidewalks. Considering the concern and burdens atheny resident bear could prevent a:dditiona1 environmental harm to the are.a, caused by future development while reducing pollution burden the conummity already face .
Matheny ract is in the 96tb percentile of CalEnviro creen ranking of alifomia communitie I poJtution burdens. making it one of the mo t poJ luted communities in the State.
Moreover~ the. community is tn the 99th percentile for groundwater contamination, 95th for PM2 .5 poUution, and 85th for ozone pollution. a result, the community' cardiovascular ,djsease rate is higher than 87.23% of the c.en us tract in California. ln addition, the community1s asthma rates are 75% bi J1cr than all other California ccnsu tracts, and rates of low birth weight ar in the 70t11 perc =-ntile. The City;s deci ion to desiouatc truck route and allO\ warehouse and oth r industriaJ land uses around Matheny Tract makes it nearly impossible for the ommunity to overcome it pollution burden. A. a linguisticaHy isofatc<l\ di ad antage-d. unincorporated community and predominantly community of color4 within the City' . pher of influence, the City must con ider how the i.ty' land use de, ignations and zone c,ode pro i ion negative]y impact the quality of life for re. idents .. Without a change in the ity'_ land_ use practices pollution lev ]s wi11 continue lo intensify, increasing ri. ks o1 re. pirntory and cardiova cuhlr dLea est poor birlh outcome,. and pr matur dealh. Proactiv I lanning in the General Plans loca1 ordinances, and good n _ ighbor policies ar fcmndalional to prot _ cting vu1nerab1e communitie from incompatible 1and uses and enviromn ntal harm, which the Attorney General'. Oftice ha· empha.iz.ed in its guidance and enforcement efforts .. Land use de ·ig11ation and oning deci.sions should channe d velopment into appropriate ar,eas and consider e i~t'ng co nmunities to avoid e acerbating exi ·ting condition . 5 To protect ,communities and support the City in updatjng th,e zon·ng code consistent wUh the City's Genera~ PJan, we pro 'id-e our comments b ' chapter aod section while J Matheny Tracl rank· in the 97th p -cen ·1e for linguistic isolation acwrding to C.ilEnviroScreeu 4.0, htt,pd/cxpericncc an·,gi$, comkxpi:ricncdl Jd f53282a54cecbcac74' SdlJi 842ff),lpagdCa,1EnviroS1-·rcca-4 OJ 4 GPA 17-29 Matl1e.ny met Legacy Plan 2017. Acces ible at h ltps:~ 1m~rn lpl aa . o .J u I~ re .ca . Ll ~ rloc11mem ~tGP/QOl ! ed% 20Tu lare%20Cou ut~ %20Ge11 eral %20Pl an% 20l\.:larer ja.Js/ L 80Purt%W l! I %2QLcgucy% 11)pj (ms% ..,07 %20uf% 1Q_7/Q04MallwnWC,PA% ..,0 l 7-?9%...,0MATHEN Y<k ">0TRAC I %20LEGbCYZ2QeLAN,pd[ 5Bece1n. Xavier, Warehou. e Projec : Be l Prnctices a_nd ·ligation l\. e-asure lo Compl}• with the Cahlomia Env irnnmcn !.al Quality Acl, 5 _ hups-Hvchh;i. ca ~:>v/cali; m1i mse CL':CD frq,orttrnl rnvjroscrL'.C:IJ::40 4 13.1 Public Hearing Page 446
DERSHII IP COU - SEL - ----FOR-----
OUNT BlLJTY
referencing relevant Genernl Plan puli.des. Some comment· include trikethroughs to represent deletion to the curr nt or propo ed code and ital.ic-s to repre ent additions to the code. Zoning code edits are indented.
Permits.and App;lic.aticrns; _ otice Rcguire,ments _and The City' provision ofpubUc participation and engagement opportunities in the approval of fand use project , particularly for uses under light and heavy industrial commercial, and public land , is crucial to ensure commuuitie • h.ave the opportunity to provide recommendation for mitigations as conditions of approval, and insight and local know]edge about potential impacts of projects fo • the City's consider-ation. E tablishing these proce ses in the zoning ordmance wm ensure the City is practicing equitable long-ten 1 land use pattern and avoiding di parate impacts from ind\1 trial development ou communities. Residents de erve a eat in the deci ion-making prnces regarding land u e around their communities, as it impacts their access to opportunitie , bealth, and environment. As t11ted in the Public Engagement ection of the Attorney General•s Warehou c Be t Practice Guidance, eady and consistent community engagement is central to establ'shing good relationships bet.ween communities ]ead agencies and warchou c developers and tcnants.6 Providing meaningful public notice and cn(Tagcmcnt opportunities to commuaittes that the City' land use decisions may impact on. the ba i ofrace, ethnicity, or otJ,cr cllaractcrishcs protected by ci:vil right law i a]so a component of the City's mandatory duty !O Aftinnativ Jy Further fair Hou ing (" FFH"). Go . Code ." 8899 . .S0(b); HCD's AFFH Guidance.7 In addition to complying with it duty, providing trong public participation provi ion. in the City s ordinanc will ensure the City i. complying with c.ivil right laws and is not denying the community'. right lo participate in activitie hich can rt:. ult in disparate and di.criminatory impact. Gov. Cod 9§ 11135; Gov. Code§ 14026 a).
Residents ar e,oncerned that planne<l and ongoing land uses are proposed and approved without r sident notification and fe-edback, furth ring incompatible and polluting land use. around their community that wot. en en ironmental onditions. Thi concern ha. been exacerbated by th City's approva1 of Ihe Tt1far Indu t1ial C nter/Paige enu lndu. trial Center Pro jeer ('"Proj cf' ithom notic to Matheny Trncl resident . The it.,'. approva] •Of che Project ite Pfan was inconsistent with and in vio1ation or condition 8(G) atta hed to Tulare ounty Local Ag _ncy Formation CommLsion {"'I.AF O ) R olution o. 1.0-015. \Vhil th ~ Becerra, avier, Warehouse P·ojects: e t Practice and Mitigation Mea. u.re, to Comply with the California Eovi ·onment, I Qualit-y cl, 4.
1 http ://www.hc-d.ca.gov/community-develop 1ent/affh/do s/alfh_docume 1t_final_ 4- 7-202 1.pdf 5 13.1 Public Hearing Page 447
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
City continues to deny the discretionary nature of this project, residents are experiencing repercussions in their everyday live-s due to tbe Project, wb.icb they were deprived of their right to be notified of. The Industrial Center will impact residents' ability to use and enjoy their properties by substantially increasing vehicular traffic, causing considerable noise, light, vibration, and air pollution that harms the community's environment and health. To minimize the impacts of the City's development on Matheny Tract, the City must comply with its commitment to notify residents and enhance its notificatio•n requirements by adopting provisions in the ordinance that enhance public engagement, thus allowing residents to provide feedback to protect their community from potential implications of future projects while ensuring consistency in the City's policies.
ln response to resident concerns, LCJA and MTC submitted a comment letter to the City on April 2023, outlining recommendations to enhance notification and public engagement. Per our review of the City's recent Zoning Ordinance Draft, the City failed to incorporate feedback and maintained limited notification requirements. To facilitate an inclusive public hearing process and provide residents a seat at the table during decision-making processes that impact development surrounding their communities, we provide recommendations shared in the April comment leller and new recom.Jnendations to the zoning code as follows:
§ 10.70.100 Notice requirements.
Notice of time and place of public bearings and how the public can e11gage shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require longer notice period.
A. A notice of any public hearing shall be given by al least one publication of general circulation in the city not less than IO dtt) s befure tile date 6f the pub lie heE1Fi11g thirty days prior lo the date of such hearing. If there is 110 such newspaper of general circul(l{io11, the notice shall be posted 011 a sign on the property lot of rhe projec1, on (I{ least jive local businesses within J mile of the project site, and the city website al least thirty days after the applicatio11 is Jiled, prior 10 the hearing in at least Jive public places within the city a11d any adjacent neighboring disadvantaged commuriities, defined by Health and Safety Code Sectio11 397 ! l.
B. A notice of pt1blie hea1 ing sbttH be ~i vet\ b~ 1.1rnili:i1g 5 vvt itteu notiee not les.s thau JG says A written 11otice in English. Spanish. and Mixteco shall be mailed and 6 13.1 Public Hearing Page 448
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
delivered no less than thirty days prior to the date of such hearing to the applicant, ttttd to owners of property, a11d occupants of s11rro1111ding properties within a radius of 300 feet half a mile of the exterior boundaries of the property that is the subj ect of the application, using for this purpose the name and address of such owners, occupants, and properties, as shown on the latest adopted County tax roll and k11ow11 addresses lo ensure that all occupants, be they owners or tenants be notified. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director no less than thirty days prior lo the date of such hearing.
C. Unless the proposed project is localed in or within a half mile from a disadvantaged community, in the event that the number of owners of property to whom ootice may be sent pursuant to subsection 8 of this section would result in more than l 000 notices, notice may alternatively be given at least te11 dsys thirty days prior to a hearing by either of the following procedures:
a. By placing a display advertisement in English, Spanish, and Mixteco of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.
b. By placing a written notice in English, Spanish, and Mixteco with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billing for city services.
D. A notice of the hearing shall be mailed and delivered no less them thirty days prior to such hearing to each local agency expected 10 provide wate1; sewage, road, schools, or other essential .facilities or services whose abili~y to provide those facilities may be significanliy ajjected.
E. A notice of hearing shall be broadcast 110 less than thirty days prior to the date of such hearing via Local radio outlets in English and Spanish radio and television channels 110 less than thirty days prior lo the date of such hearing.
F. {( a project is proposed within J 000 feet from a disadvantaged community as defined by Section 39711 of the Health and Safety Code, City stqff will conduct a community meeting prior to a public hearing 10 share project details. e11vironmental impacts, and for 1he opportunity to receive feedback a11d inform 7 13.1 Public Hearing Page 449
LEADERSHIP COUNSEL - ----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
adop1ed mitigation measures. Notices for the commu11ity meeting. public hearings. and other related public process notices. shall be mailed to all residents located in the disadvancaged community al feast 30 days be.fore the date of the community meeti11g a11d 110 later than 30 days prior to any public hearing.
10.70.110 Notice Wording
Public notice of heari ngs shall be in English, Spanish. and Mixteco and begin with the words similar to "Notice of Proposed Change of Zone Disn·ict," or ''Notice of Proposed Variance," or "Notice of Proposed Conditional Use Permit," as the case may be, and set forth the an accurate description and location of the property under consideration, including maps and drawings of the project design that is the subject of the hearing, the nature of the proposed change or use, identification of the hearing body. tlfte the time and place at which the public hearing on the matter will be held. and information 011 how and to whom the public can provide input.
Industrial Zones
The community of Matheny Tract is adjacent to the City's light and heavy industrial zones, formulating impacts from pollution exposure and traffic. We define "adjacent" as two land use zones borderi ng each other. Poor land use p.lanning has led to tbe encroachment of i.ndustrial land uses on the community. In this context. we define "encroachment" as the infringement of uses as the industrial zones have inte1fered with the use and enjoyment of the community's residential zones. To mitigate tbe impacts of further encroachment of industrial land uses in residential zones such as Matheny Tract, we propose the fol lowing recommendations:
10.28 Light Industrial Zone
10.28.010 Purpose and application
The purpose of the Light Industrial (M-1) District is to provide areas for light manufacturing. wholesale, and storage activities in a manner that does 1101 allow encroachment of industrial operations near residential zones and other sensitive /a,uf uses 1,vithi11 and adjacent to the City, proteet industrittl ttrett" fn.lllt ~he intruttit>fl t.,f incompatible types of laud uses. adhere to performance standards provided for the protection of Tulare residents. inc/11di11g people living within the City of Tulare's sphere of i11jl11ence and sensitive receptors within and adjacent to the City's sphere of irifluence, 8 13.1 Public Hearing Page 450
LEADERSHIP COUNSEL - -----FOR-----
~ JUSTICE&; ACCOIJNTABI LITY
and the environment, and to provide industrial employment opportunities for residents of the City of Tulare a11d wiJ/zin lhe City's sphere of influence. 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:
4. To minimize traffic congestion, while providing an efficient circulation system 10 mitigate traffic impac1s on roads serving residential and commercial uses adjacent to sensitive receptors.
5. To ,ninimize impac1s on 1he environme/11 and nearby se11si1ive recep1ors.
6. To ensure 1he developmenr of lighr indttSlrial, commercial, and service use is compalible wilh 1he surrounding la11d uses.
7. To e11sure the new clevelopment a11d impacls will nor encroach 011 rhe existing residen.tial communities and do 1101 create or contribute ro any significant impacts mi residential communities or se11si1ive receptors within or oulside the Cily ,4Tulare bowularies.
8. To ensure cumularive air quality impacrs from industrial facilities will not create sig11ijica111 environmental impacts on residential a11d other sensitive land uses, especially in disadvanraged communities within and outside rile City of Tulare boundaries.
10.28,060 Building setback areas
C. There shall be no required rear build.ing setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of~ /000 feet.