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, hospital6.8 Consent Page 426 City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 401 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.
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“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.
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ORDINANCE 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING ZONE AMENDMENT NO. 756 APPROVING A COMPREHENSIVE UPDATE OF THE CITY OF TULARE’S ZONING CODE (TITLE 10 OF THE CITY OF TULARE’S MUNICIPAL CODE) AND PROPOSED CHANGES TO THE CITY’S ZONING MAP AND REPEALING AND REPLACING TITLE 10 (ZONING ORDINANCE) OF THE CITY OF
TULARE MUNICIPAL CODE
WHEREAS, at a regular meeting held on December 17, 2024, the City Council of the City of Tulare considered a comprehensive update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code) and revisions to the City of Tulare Zoning Map; and WHEREAS, the City Council of the City of Tulare determined that the proposed amendment is in the public interest; and
WHEREAS, the City Council of the City of Tulare determined that the proposed amendments are consistent and compatible with the general plan and implementation programs which may be affected; and
WHEREAS, the City Council of the City of Tulare determined that the proposed request will not be detrimental to the public health, safety, and welfare or be materially injurious to properties or improvements in the vicinity; and
WHEREAS, at a duly noticed public hearing on November 25, 2024, the Planning Commission of the City of Tulare reviewed and recommended that the City Council adopt Zone Amendment No. 756 approving a comprehensive update of the City of Tulare’s Zoning Code (Title 10 of the City of Tulare’s Municipal Code) and proposed changes to the City’s Zoning Map; and WHEREAS, the Zoning Code Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3) – Common Sense Exemption.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Tulare as follows:
SECTION 1. Zone Amendment No. 756, approving a comprehensive update of the City of Tulare’s Zoning Code (Title 10 of the City of Tulare’s Municipal Code) and proposed changes to the City’s Zoning Map, is hereby adopted.
SECTION 2. Title 10 (Zoning) of the Tulare Municipal Code is hereby repealed and replaced and shall read as set forth in Exhibit A attached hereto and incorporated herein by this reference.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
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ORDINANCE 2025-01
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of January 2025.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
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Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Police
Submitted by: Jon Hamlin, Police Lieutenant
Agenda Title: Assembly Bill 481 Annual Review
RECOMMENDED ACTION
Pass-to-Print an ordinance to adopt the Tulare City Police Department Policy regarding the use and inventory of military equipment as required in Assembly Bill 481.
SUMMARY
Assembly Bill (AB) 481 requires an ordinance to adopt the Tulare City Police Department Manual regarding use and inventory of military equipment. Staff has determined that in order to be in compliance with AB 481, Council must adopt the Tulare City Police Department policy to include all descriptions, quantities, training, and use of military equipment currently in possession and for future acquisitions of military equipment.
AB 481 requires law enforcement to seek approval for continued use of any military equipment that was acquired prior to January 1, 2022, and an annual review thereafter. Therefore, staff has listed and provided all equipment in possession of the Tulare City Police Department and will amend the policy to include all pertinent information regarding the use of military equipment.
This ordinance must be adopted as the Tulare City Police Department will continue to protect the preservation of the public peace, health, and safety as needed with said equipment.
This ordinance requires 3/5 votes to be approved as ordinance. If approved, the ordinance goes into effect 30 days after approval. The adopted policy must be posted on the City website so long as military equipment is used by the Police Department.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Section 708.4.1 Revisions (Military Equipment Inventory)
2. Ordinance
Reviewed/Approved:
Item #: 7.1
Public Hearing
7.1 Public Hearing Page 1
708.4.1
MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
708.4.2 UNMANNED AIRCRAFT SYSTEMS (UAS)
Description: A UAS is an unmanned aircraft and the equipment necessary for the safe and efficient operation of the aircraft. An unmanned aircraft is a component of a UAS. It is defined by statute as an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
Quantity: 4.
Capabilities: Sustained flight controlled by a remote pilot on the ground.
Expected Lifespan: 5 to 10 years.
Product Description: Commercially available platforms for aerial productivity combining a configurability to work as a solution for a variety of industrial applications with flight safety and data security features.
Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public (Policy 613.1).
Training Required: Federal Aviation Administration (FAA) Part 107 License and Department provided monthly training.
Initial Cost: $11,000.
708.4.3 FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
Quantity: 68.
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: Patrol rifle of.223 or 5.56 caliber.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can
7.1 Public Hearing Page 2
articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).
Training Required: 16-hour POST approved course with qualification and annual training with requalification.
Initial Cost: $68,000. Annual Cost: N/A.
Ammunition Inventory:
(10,000) Federal 62gr ball.223 (this is for training and is a fluid number due to usage) Cost: $4,000
(4,000) Speer Gold Dot 62gr.223 (duty and is a fluid number due to usage) Cost: $2,100
708.4.4 40MM PROJECTILE LAUNCHER
Description: Less lethal weapon which uses a propellant cartridge to launch a kinetic energy impact projectile.
Quantity: 5
Capabilities: Fires a less lethal kinetic energy projectile.
Expected Lifespan: 20+ years.
Product Description:
(4) Armor Holdings 40mm SingleShot Launcher
(1) Penn Arms 40mm 6 shot launder.
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).
Training Required: Training and qualification once per year.
Initial Cost: $5,000 (estimated as these were purchased several years ago) Annual Cost: N/A.
Projectile Inventory:
(27) 40mm Sponge/Foam Impact Rounds #6325 and #6326
(20) 40mm Liquid CS Penetrator Round #1262
(3) 40mm Foam Baton #4557
(14) 40mm Stinger 60 caliber rubber ball smokeless powder
7.1 Public Hearing Page 3
(2) 40mm No. 40B “Stinger” smokeless powder multiple .60 caliber rubber ball round #6097 (3) 40mm No. 40W Smokeless powder multiple wood baton round #6098 Cost: $2,000
708.4.5 MILITARY EQUIPMENT INVENTORY - SWAT
The following constitutes an inventory of previously purchased equipment deemed to be military as defined by this policy. The equipment in this section is primarily used by members of the Special Weapons and Tactics (SWAT) Team.
FIREARM - RIFLE
Description: Firearm designed and intended to be fired from the shoulder and designed to use the energy of the explosive in a fixed metallic cartridge to fire one or more projectile(s) through a rifled bore for each pull of the trigger.
Inventory:
(12) M400 Sig Sauer 5.56/.223 caliber rifles
(4) Ruger Precision Rifle.308 caliber
(1,800) Hornady TAP.308 (Precision Rifle and is a fluid number due to usage ) Cost: $1,800
Capabilities: Fires a lethal projectile.
Expected Lifespan: 20+ years.
Product Description: Patrol rifle of.223, 5.56, and.308 caliber.
Purpose and Authorized Use: May be deployed in any circumstance where personnel can articulate a reasonable expectation that the rifle may be needed (Policy 312.3.3).
Training Required: 16-hour POST approved course with qualification and additional training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year. For Ruger Precision Rifles (.308) initial week long training then biannual qualification.
Initial Cost: $26,800.
Annual Cost: N/A.
7.1 Public Hearing Page 4
708.4.6 ARMORED RESCUE VEHICLE
Description: An armored rescue vehicle deployed during high-risk incidents, special events, and community outreach.
Quantity: One.
Capabilities: Mobile armored vehicle to support high-risk deployments.
Expected Lifespan: 15 years.
Product Description: Mine Resistant Ambush Proof (MRAP) Vehicle, steel armor construction.
Purpose and Authorized Use: To assist police personnel in enhancing public safety while transporting first responder personnel and/or community members to/from high-risk situations.
Provide a mobile platform for safe personnel deployments.
Training Required: Class B driver's license.
Initial Cost: $35,000.
Annual Cost: $6,000.
708.4.7 CHEMICAL AGENTS
Description: Less lethal device utilized to deploy and discharge that are released when deployed.
Capabilities: Designed to deliver chemical agents during high-risk situations.
Expected Lifespan: 5 years.
Product Description: Individual, single use canisters of CS, CN or OC gas.
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308).
Training Required: Training on safe use and deployment and device functionality. Must demonstrate proficiency with recertification once per year.
Inventory:
(5) Riot CS Smoke #5230
(10) OC-V Aerosol Grenade # 6340
(5) CS-V Aerosol Grenade #6330
(7) Flameless Tri-Chamber CS
Initial Cost: $1,500.
Annual Cost: Recurring purchase as needed.
7.1 Public Hearing Page 5
708.4.8 PEPPERBALL LAUNCHER
Description: Less lethal launcher which uses a high pressure air system to launch kinetic energy impact munition
Quantity: 4 PepperBall FTC.68 caliber semi-auto multi-launcher Capabilities: Fires a less lethal kinetic energy projectile.
Expected Lifespan: 20+ years.
Product Description:
• PepperBall FTC.68 caliber, semi-auto multi-launcher
Purpose and Authorized Use: Less lethal, intermediate force option (Policy 308.9.1).
Training Required: Training and recertification once per year.
Initial Cost: $2,000
Annual Cost: N/A
PepperBall Projectiles Inventory:
(90) PepperBall "Live Projectile"
(90) PepperBall "Live-X Projectile" More concentrated round Initial Cost: $450
Lifespan: 3 years
708.4.9 NOISE FLASH DIVERSIONARY DEVICE (NFDD)
Description: Device that produces a loud sound with a bright light that is intended to cause confusion and distraction.
Quantity: 16.
Capabilities: Distraction device used to minimize the risks to all parties by the temporary distraction or disorientation of potentially violent or dangerous suspects.
Expected Lifespan: 5 years.
Product Description: Separating fuse affixed to a non-bursting steel canister.
Purpose and Authorized Use: To distract/disorient potentially violent or dangerous suspects.
Training Required: Training and recertification twice per year.
Initial Cost: $480.
7.1 Public Hearing Page 6
Annual Cost: Recurring purchase as needed.
708.4.10 ROBOTIC SCOUT/ROBOT
Description: ICOR Technology Mini-Caliber drivable remote controlled platform that is equipped with a camera allowing the operator to obtain instantaneous video within indoor and outdoor environments.
Quantity: One.
Capabilities: Remote operated, drivable platform capable of transmitting live video from a forward facing camera.
Expected Lifespan: 10 Years.
Product Description: A medium sized remote operated platform equipped with a camera capable of being driven several hundred feet from operator while transmitting video back to the operator.
Purpose and Authorized Use: To assist police personnel in enhancing public safety while protecting the rights and privacy of the general public.
Training Required: None.
Initial Cost: $60,000 (purchased through a grant)
Annual Cost: N/A.
7.1 Public Hearing Page 7
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REVISING THE POLICY MANUAL FOR THE TULARE POLICE DEPARTMENT ADDING THE
MILITARY EQUIPMENT USE POLICY
WHEREAS, AB 481 was adopted regulating law enforcement agency’s use of military equipment and requires approval of continued use of military equipment and knowledge of all equipment in possession of law enforcement agency; and
WHEREAS, the Tulare City Police Department is in possession of military equipment as defined by AB 481, and will continue use of said equipment in order to protect its residents as needed; and
WHEREAS, the Tulare City Council desires to be in compliance with AB 481 and approves adding the below sections to Tulare City Police Department manual.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. After receiving a staff report, discussion and any public comment, the City Council finds:
1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4) Corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5) The policy was placed on the City’s website 30 days prior to City Council consideration of this item.
SECTION 2. The policy adopted by the City Council shall be made publicly available on the City’s website for as long as the military equipment is available for use.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
7.1 Public Hearing Page 8
ORDINANCE 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 2025.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
7.1 Public Hearing Page 9
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director of Economic Development & Redevelopment Agenda Title: Economic Development Subsidy Term Sheet with UG2 Tulare CA, LP
RECOMMENDED ACTION
Approve an amended Economic Development Subsidy Term Sheet setting forth the terms and conditions of the City’s rebate of Local Sales Tax to UG2 Tulare CA, LP for installation of required infrastructure to serve development on 22 acres of vacant property located at the southeast corner of Highway 99 and Cartmill Avenue; and authorize the City Manager to execute an agreement upon City Attorney approval, incorporating the terms and conditions set forth in the Economic Development Subsidy Term Sheet presented for Council’s approval; authorize the City Manager, or designee, to take such other actions and execution of other documents as may be necessary to implement the agreement.
SUMMARY
Cartmill Commons, LLC owns 22 acres of unimproved, commercially-zoned, property at the southwest corner of Cartmill Avenue and Highway 99. On or about November 30, 2023, UG2 Tulare CA, LP, a retail development company, closed escrow on approximately six of the 22 acres for the purpose of developing a Maverik Travel Center and ancillary commercial-retail uses on the Property.
Maverik Travel Center was approved by the Tulare Planning Commission on June 26, 2023, to locate a new 5,982 sf premier convenience store with ancillary services of fueling options for travelers. Maverik is focused on providing a unique experience to customers, which includes made-to-order food and fresh food options as well as other convenient and grocery items desired by its patrons. This new facility will be located on approximately 3.24 acres at the southeast corner of Cartmill Avenue and Highway 99. The property owners of the site, UG2 Tulare CA, LP have remaining approximately three additional acres on which they are working to locate additional retail/commercial users. These projects are expected to generate substantial sales tax to the City of Tulare.
Maverik is part of the larger overall development of the commercially zoned area located on the south side of Cartmill Avenue and west of the Akers Street alignment. As part of the project UG2 Tulare CA, LP has agreed to install required off-site infrastructure improvements, including but not limited to, the installation of a Southern California Gas Company gas trunk line to serve the entire 22 acre development.
The cost of the installation of a 4” trunk line and a 2” gas line(s) is $400,000; of which UG2 Tulare CA, LP and Cartmill Crossings have both each agreed to pay $200,000.
On February 6, 2024, City Council unanimously approved an Economic Development Subsidy Term Sheet setting forth the terms and conditions of the City’s rebate of Local Sales Tax to UG2 Tulare CA, LP for installation of required infrastructure to serve development on 22 acres of vacant property located at the southeast corner of Highway 99 and Cartmill Avenue as follows:
The City shall make annual sales tax sharing subsidy payments to the property owners in the amount of 50% of the sales tax generated from the new retail/commercial uses located on the subject properties. No financial incentive shall be paid to Recipient until confirmation from the City of Tulare’s sales tax reporting consultant of revenue received on the property benefitting from the new infrastructure installation. Payment shall continue on an annual basis until payments have reached a value of $200,000 each to UG2 Tulare, CA LP.
Item #: 7.2
Public Hearing
7.2 Public Hearing Page 1
Since the approval of the original Economic Development Subsidy Term Sheet on February 6, 2024, Chick-fil-A submitted for and has approved plans to develop a new location on the same six acres as Maverik. UG2 Tulare, CA LP has also commenced on-site and off-site improvements on the subject property.
UG2 Tulare, CA LP is requesting to amend the Economic Development Subsidy Term Sheet to include an additional $350,000 in a subsidy for a total of $550,000 subsidy to UG2 Tulare, CA LP based upon the following:
1. The California Public Utilities Commission (CPUC) issued a decision in December 2023 to eliminate electric line extension subsidies for new, mixed-fuel construction projects.
2. This change took effect on July 1, 2024. Phase 2 of the UG2 Tulare, CA LP project (Chick-fil-A) was repriced without the allowances or an option to choose a 10-year refundable option for the infrastructure required with their project.
3. Due to the repricing, UG2 Tulare, CA LP is now faced with an additional approximate $350,000 cost.
4. The infrastructure is necessary to serve the entire UG2 Tulare, CA LP (including the Maverik site).
5. Staff discussed with the developer the possibility of submitting a new and separate request for a City subsidy for this cost to be paid through 50% reimbursement of the sales tax generated by Chick-fil-A. (Same model as the $200,000 subsidy paid back by sales tax from Maverik).
6. Per The City’s sales tax consultant, any ancillary quick serve restaurant would generate approximately $100,000-$175,000 in sales tax per year, which the City would receive $10,000- $17,500/year. If the $350,000 subsidy were approved and payable at the rate of 50% per year, it would take approximately 40 years for UG2 Tulare, CA LP to recoup their costs. (As opposed to the $200,000 subsidy reimbursable by the sales tax from Maverik at an approximate rate of 2.5 years)
Therefore, Developer requests and staff recommends City Council approve an Amended Economic Development Subsidy Term Sheet to include an additional $350,000 in a subsidy for a total of $550,000 subsidy to UG2 Tulare, CA LP based upon the reasons set forth herein.
FISCAL IMPACT & FUNDING SOURCES
The City will only be rebating a portion of the new sales tax revenue that is generated by the development on the site and is not advancing any funds nor using general sales tax revenue for the subsidy.
LEGAL REVIEW
Review by City Attorney completed.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Amended Term Sheet
2. UG2 Tulare CA, LP Correspondence Dated 12/30/2024
Reviewed/Approved:
7.2 Public Hearing Page 2
ECONOMIC DEVELOPMENT SUBSIDY TERM SHEET
CITY OF TULARE AND UG2 TULARE, CA LP
1. The name and address of all corporations, or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.
UG2 Tulare, CA LP, 1000 Fourth Street, Suite 290, San Rafael, CA 94901
2. The start and end dates and schedule, if applicable, for the economic development subsidy.
Construction of the required Southern California Gas Company 4” gas main and 2” gas line is anticipated to commence on or before March 1, 2024 and take approximately six months to complete. Total cost of the project: $400,000.
Installation of required Southern California Edison infrastructure to support the electrical needs of the Cartmill Commons project. Design work completed; construction anticipated to be complete within approximately six months. Approximate total cost of the project: $580,000.
No financial incentive shall be paid to Recipient until confirmation from the City of Tulare’s sales tax reporting consultant of revenue received on the property benefitting from the new infrastructure installation.
3. A description of the economic development subsidy, including the estimated total amount of expenditure of public funds, or of revenue lost to, the local agency, as a result of the economic development subsidy.
Amendment to the Economic Development Subsidy Term Sheet between UG2 Tulare CA, LP approved by City Council on February 6, 2024, which provided a development incentive subsidy to Recipient in the sum of $200,000 for costs incurred as a development requirement to upgrade a SoCal Gas line to serve the entire 22 acres of new highway retail commercially zoned property located at the southeast corner of Cartmill Avenue and Highway 99. The amendment to the proposes to increase the subsidy awarded to Recipient to allow for an additional $350,000 to reimburse Applicant for unforeseen infrastructure costs associated with the project due to the changes in California Public Utilities Commission legislation that took effect July 1, 2024, disallowing reimbursement options for new, mixed-fuel constructions projects.
UG2 Tulare CA, LP owns approximately 6 acres of commercially zoned, unimproved property at the SWC of Highway 99 and Cartmill Avenue. UG2 Tulare, CA, LP will locate 2 major projects on the site which will generate considerable sales tax to the City of Tulare.
The City shall make annual sales tax sharing subsidy payments to the property owners in the amount of 50% of the sales tax generated from the new retail/commercial uses located
7.2 Public Hearing Page 3
on the subject properties. No financial incentive shall be paid to Recipient until confirmation from the City of Tulare’s sales tax reporting consultant of revenue received on the property benefitting from the new infrastructure installation. Payment shall continue on an annual basis until payments have reached a value of $550,000 to UG2 Tulare, CA LP.
4. A statement of the public purposes for the economic development subsidy.
The installation and upgrade of infrastructure to the subject properties will benefit not only the proposed project(s) but the entire 22 acres of unimproved property to allow for further new development to occur. This development will be a catalyst for further economic development in the City and the area surrounding the new project(s). Additional development, which will generate new revenue to the City’s general fund, will contribute ongoing resources for improved services to the community as a whole.
5. Projected tax revenue to the local agency as a result of the economic development subsidy.
Estimated total gross sales per operational statement of Maverik, Inc. dated May 10, 2023: $20-30million in fuel and convenience store sales.
Estimated return in local sales tax: Approximately $2,000,000-$3,000,000/year.
Estimated total sales tax generation to the City based upon ancillary quick service restaurant uses on remainder of six acres commercially zoned property within the City of Tulare:
Estimated return in local sales tax: $10,000-17,5000/year
6. Estimated number of jobs created by the economic development subsidy, broken down by fulltime, part-time, and temporary positions.
Job creation is not a determining factor with these projects in the consideration of the approval of the economic development incentive subsidies.
7. Environmental Determination: The California Environmental Quality Act (CEQA) only applies to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (CEQA Guidelines 15061(b)(3)).
7.2 Public Hearing Page 4
7.2 Public Hearing Page 5
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Zumwalt Park Amphitheater Operator Agreement Second Amendment
RECOMMENDED ACTION
Approve and authorize the City Manager to execute the Zumwalt Park Amphitheater Operator Agreement Second Amendment with Spade Entertainment and authorize an increase to General Fund appropriations and use of General Fund fund balance as necessary for previously unbudgeted expenditures associated with the amendment.
SUMMARY
On July 18, 2023, City Council approved the Zumwalt Park Amphitheater Operator Agreement with Spade Entertainment (Operator). On August 6, 2024, City Council approved the First Amendment to the Agreement with the Operator to address naming rights roles and responsibilities.
The City anticipated Zumwalt Park construction completion by the end of October 2024. Due to construction supply chain issues which are outside the control of the City or it’s contractor (Caliber Construction), the project completion deadline has been extended through February 2025. Because the Operator must book artists months in advance a decision was made in June 2024 to hold the first three scheduled promotional concerts in October and November which allowed the opportunity to gain a better understanding of venue operations, staffing, and marketing. The alternative would have been to wait to book artists after construction completion which would have unnecessarily delayed venue usage.
This decision also allowed the opportunity to address a few concerns including the ability to attract quality artists, the adequacy of available parking, and assurance of accessibility. However, because construction was not completed there were some additional costs including temporary power, portable bathrooms, and installation of mulch, etc.). There was also a negative impact to ticket sales resulting in an outstanding debt of $50,000 owed to vendors. In addition, under the agreement, the Operator is obligated to cover 20% of police overtime, pay the City a 20% sponsorship fee, and replenish the artist deposit account.
To reconcile these matters, for the promotional concerts only, management is recommending the following:
• City to waive the cost of police overtime ($488)
• City to waive the sponsorship fee ($34,901)
• City to defer repayment of 2024 artist deposit account to end of contract ($150,000) • City to pay outstanding vendor invoices ($50,000)
• City to establish 2025 artist deposit account ($150,000) In management’s opinion, the promotional concerts have provided valuable information and insight that will help to make the 2025 concert series (April to September) more successful and well worth the additional investment.
FISCAL IMPACT & FUNDING SOURCE(S)
The City historically spends approximately $50,000 annually on Zumwalt Park maintenance. The Park has not had to be maintained over the past two-years due to construction. Therefore, the sources of funds Item #: 8.1
General Business
8.1 General Business Page 1
to cover the recommendation includes the park maintenance account, naming rights revenue, police overtime account, and general fund balance.
Staff further recommends the repayment of the 2024 artist deposit account can be in the form of cash or in-kind donation (material goods only) or some combination thereof. The valuation of in-kind donations must be documented in a form acceptable to both the City Manager and Chief Financial Officer.
LEGAL REVIEW
This item was reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Operator Agreement Second Amendment
Reviewed/Approved:
8.1 General Business Page 2
SECOND AMENDMENT TO THE ZUMWALT PARK AMPHITHEATER
OPERATOR AGREEMENT
This Second Amendment is made and entered into this 7th day of January 2025, by and between the City of Tulare, a municipal corporation of the State of California (the "City"), and Spade Entertainment, a California limited liability company (the "Operator").
WHEREAS, the City and the Operator entered into that certain Zumwalt Park Amphitheater Operator Agreement dated July 18, 2023 (the "Agreement"); and WHEREAS, the City and the Operator entered into that certain First Amendment to the Agreement dated August 6, 2024 (the "First Amendment"); and WHEREAS, the 2024 partial operating season was successful, despite congoing construction on the Zumwalt Park Amphitheater; and
WHEREAS, Zumwalt Park Amphitheater construction is projected to be complete prior to the 2025 operating season; and
WHEREAS, the City and the Operator desire to further amend the Agreement as set forth herein to provide for a successful 2025 operating season, NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Waiver of Fees: The City agrees to waive the following fees associated with the promotional concerts held in October and November 2024:
• Police overtime costs ($488)
• Sponsorship fee ($34,901)
2. Deferral of Artist Deposit Account Repayment: The City agrees to defer the Operator's repayment of the 2024 artist deposit account ($150,000) to the end of the contract term. The Operator may repay the deposit in cash, in-kind donations (material goods only), or a combination thereof. The valuation of in-kind donations must be documented in a form acceptable to both the City Manager and Chief Financial Officer.
3. Payment of Outstanding Vendor Invoices: The City agrees to pay outstanding vendor invoices ($50,000) incurred by the Operator in connection with the promotional concerts.
4. Establishment of 2025 Artist Deposit Account: The City agrees to establish a 2025 artist deposit account in the amount of one hundred fifty thousand dollars ($150,000).
5. Reaffirmation of Agreement: Except as specifically modified herein, all other terms and conditions of the Agreement, as amended by the First Amendment, shall remain in full force and effect.
8.1 General Business Page 3
6. Entire Agreement: This Second Amendment, together with the Agreement and the First Amendment, constitutes the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
7. Governing Law: This Second Amendment shall be governed by and construed in accordance with the laws of the State of California.
8. Counterparts: This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above.
CITY OF TULARE
By:_________________________________
Name: Marc Mondell
Title: City Manager
SPADE ENTERTAINMENT
By:_________________________________
Name:
Title:
ATTEST:
By:_________________________________
City Clerk
8.1 General Business Page 4
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: City Manager
Submitted by: Melissa Hermann, Chief Deputy City Clerk
Agenda Title: Police Department Citizen Complaint Review Board Appointments
RECOMMENDED ACTION
Appoint members to the Police Department Citizen Complaint Review Board to serve a term expiring December 31, 2026.
SUMMARY
The Police Department Citizen Complaint Review Board is charged with the responsibility of reviewing the Police Department’s investigation of citizen complaints in specific areas and providing an independent review to the Chief of Police. The Board does not recommend or review disciplinary action against Police Department employees.
Tulare Municipal Code Chapter 2.12
§ 2.12.020 Scope of Authority of the Board. The Board shall have the authority to receive citizen complaints of alleged police officer misconduct in the form of misuse of force, false arrest, discrimination, criminal conduct, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct. The Board shall also have the authority to review the Police Department investigation of all such allegations of police officer misconduct. The Board shall further have the authority to make an annual report summarizing its activities and providing statistical information regarding the receipt and processing of citizen complaints of police officer misconduct. § 2.12.160 Selection of Members of the Board. The Board shall consist of seven members. Each member of the City Council shall select and appoint one member to the Board, subject to approval of the appointment by the remainder of the Council. The remaining two members shall be selected at large by the City Council as a whole. To the greatest extent possible, it is the goal of the Council to select Board members in a manner designed to provide a diversity of ethnic, racial, and socioeconomic backgrounds as well as a diversity of geographic representation from all areas of the city. § 2.12.170 Terms of Office of Board Members. Appointments to the Board shall be for two-year terms and shall be made during the month of January immediately following the bi-annual November election of City Council members; provided, that the initial appointments to the Board shall be for a period of time of less than two years, as the initial appointees shall serve only until their successors are named.
Vacancies on the Board shall be filled for the unexpired term and shall be made pursuant to the same procedures that were used for the initial selection of the departing Board member. At the first meeting of the Board after the bi-annual January appointment of a new Board, the Board members shall select a chairperson and a vice-chairperson from among their members. § 2.12.180 Qualifications of Board Members. In addition to the requirements for diversity of membership on the Board, as set forth in § 2.12.160, to be eligible for appointment to the Board, individuals must be objective, unbiased and without any conflict of interest as it applies to the Police Department, its officers and employees, and relationships between members of an individual’s family and the Department and its employees. The phrase CONFLICT OF INTEREST, as used herein, shall, in addition to the meaning given to it under the Fair Political Practices Act and regulations promulgated thereunder, also mean that Item #: 8.2
General Business
an individual, and the individual’s immediate family, are free of any disputes, disagreements, claims or legal action against the Police Department and any of its officers and employees.
Although the Municipal Code states that the selection occurs in January, historically, the appointments have occurred in December following the certification of the election results to ensure Board members are appointed prior to the first Board meeting in January. Members will serve a term ending December 31, 2026.
Applications of those interested in serving on the Police Department Citizen Complaint Review Board have been provided for Council review and consideration. Staff recommends making appointments to all seven seats at this time. If Council chooses to delay any appointments, the current members will continue to serve until their successor is appointed.
Current Board Members
Jennifer Burcham* Council District 1 Appointment
Julie Leighty* Council District 2 Appointment
Charlie (Carlos) Ramos* Council District 3 Appointment
Karen Presant* Council District 4 Appointment
Joshua Weatherbie Council District 5 Appointment
Danny Giotto* At-large Appointment
Duane Goree Jr.* At-large Appointment
*Applied to be considered for reappointment
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Applications
Reviewed/Approved:
RESIDES IN DISTRICT 3
RESIDES IN DISTRICT 1
RESIDES IN DISTRICT 2
RESIDES IN DISTRICT 4
RESIDES IN DISTRICT 4
RESIDES IN DISTRICT 4
RESIDES IN DISTRICT 4
RESIDES IN DISTRICT 2
RESIDES IN DISTRICT 4