Agenda packet — Tulare City Council, January 7, 2025 (part 1 of 3)

City of Tulare Page 1 of 4
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, January 7, 2025 491 North M Street, Tulare CA 93274 7:00 p.m. Regular Meeting www.tulare.ca.gov
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation.

Additional meetings of the City Council may be called as needed.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
Dennis A. Mederos
City Council Meeting Agenda Tuesday, January 7, 2025
City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Caleb Byron, Associate Pastor of First Baptist Church of Tulare, to deliver an invocation.

3. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

5. COUNCIL REPORTS AND ITEMS OF INTEREST

6. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

6.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 17, 2024. [M. Hermann]

6.3 Prosperity & West Traffic Signal Project - Design Consultant Task Order.

6.4 Adoption of Chapter 10 of the Caltrans Local Assistance Procedures Manual.

6.5 Acceptance of Grant Deed for Eastgate Avenue Street Right-of-Way.

6.6 Capital Improvements Project Dashboard for January 2025.

Recommended Action: Accept the Capital Improvements Project Dashboard for January 2025. [M. Miller]

6.7 Tulare-Kings County Regional Hazardous Materials Team MOU.

6.8 Second Reading and Adoption of Ordinance 2025-01.

7. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

7.1 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. [J. Hamlin]

7.2 Economic Development Subsidy Term Sheet with UG2 Tulare CA, LP.

8. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

8.1 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. [M.

Mondell]

8.2 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. [M. Hermann] City Council Meeting Agenda Tuesday, January 7, 2025
City of Tulare Page 4 of 4

8.3 Economic Development Update.

Recommended Action: Receive an update on economic development activities for the City of Tulare. [T. Myers]

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2) or (3): 1 case Name of Case: Michael Machado v. City of Tulare
Workers’ Compensation Case #: FR240068

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 21, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Friday, January 3, 2025 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: January 7, 2025 Agenda Memo
Date: January 3, 2025
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
7:00 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION - Caleb Byron, Associate Pastor of First Baptist Church of Tulare, to deliver an invocation.

4. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:15 p.m.]

5. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:15 p.m.]

6.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

Tulare City Council Page 2 of 13
Agenda Memo - January 7, 2025

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 17, 2024. [M. Hermann]

6.3 Prosperity & West Traffic Signal Project - Design Consultant Task Order.

Recommended Action: Review and approve the amended project scope for the design and construction support services of a new traffic signal and intersection improvements at Prosperity Avenue and West Street (Project EN0088); authorize the City Manager or designee to sign a task order amendment with QK of Visalia, CA, in an amount not to exceed $88,600 for updated contract documents, right-of-way services to assist SCE with required utility pole relocation, bidding assistance, and construction support services; and authorize the City Manager or designee to approve change orders in an amount not to exceed 10% of the revised task order amount. [M. Miller]
Summary: On November 5, 2019, the City Council approved a task order with QK of Visalia, CA, to complete the design for CIP Project EN0088 – Prosperity & West Traffic Signal under their existing on-call engineering services contract. Since then, both the City Council and the Board of Public Utilities have approved several amendments to the contract. These amendments were to address additional design work required for master-planned improvements to water, sewer, and storm drain systems within the project limits, and to resolve conflicts related to the existing Tulare Irrigation District (TID) pipeline that runs under West Street and the proposed improvements. Additionally, modifications to the design and alignment of the future frontage improvements along the north side of Prosperity Avenue east of West Street were required to address issues that arose during the right-of-way acquisition process.

At this time, additional services are required from QK to see the project through construction.

These include additional right-of-way staking and the preparation of exhibits and legal descriptions needed to assist Southern California Edison with the acquisition of a utility easement to accommodate relocation of one of their utility poles, updates to the contract documents prior to bidding, bidding assistance, and construction support services. Since the proposed amendment exceeds the amount of the 10% contingency previously authorized, it requires City Council approval.

Fiscal Impact & Funding Source(s): EN0088-040-0202; EN0061 (021 – Measure R – Local); 010 – Water Bonds; 615 – Sewer Wastewater CIP
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - Staff will facilitate changes requested by Council; 2) Deny - Denial of the task order amendment with OK would prevent the project from moving forward or require the City to seek services from another consultant likely resulting in higher costs; or 3) Table - Postponing the task order amendment with QK will further delay delivery of the project.

6.4 Adoption of Chapter 10 of the Caltrans Local Assistance Procedures Manual.

Recommended Action: Adopt a resolution adopting Chapter 10 of the Caltrans Local Assistance Procedures Manual governing consultant selection for State and Federally funded transportation projects. [M. Miller]
Summary: The City of Tulare regularly utilizes state and federal funding sources to construct transportation projects. Due to limited staffing and expertise, certain services including Architectural and Engineering (A&E) are often contracted out to qualified firms. When utilizing federal funding sources for these services, the City must comply with federal regulations which Tulare City Council Page 3 of 13
Agenda Memo - January 7, 2025
set forth standards for procuring and administering A&E contracts. In particular, the provisions of the Brooks Act (40 United States Code, Section 1104) require that local agencies award federally funded engineering and design-related contracts, on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR

31.201-3). Local agencies are required to:
• develop and sustain organizational capacity and provide the resources necessary for the procurement, management, and administration of engineering and design related consultant services, reimbursed in whole or in part with Federal-Aid Highway Program funding as specified in 23 U.S.C. 106(g)(4)(A), and
• adopt written policies and procedures for the procurement, management, and administration of engineering and design related consultant services in accordance with applicable Federal and State laws and regulations.

The State of California Department of Transportation (Caltrans) has developed the Local Assistance Procedures Manual (LAPM) to provide guidance to local agencies for the programming and delivery of state and federally funded projects. Chapter 10 of the LAPM deals with consultant selection and sets forth policies and procedures to be utilized by local agencies in the procurement and management of A&E contracts on state and federal funded transportation projects to ensure compliance with applicable Federal and State laws and regulations and to maintain eligibility for Federal-Aid reimbursement. While the City’s existing Purchasing Policy, dated October 6, 2015, does contain provisions to ensure avoidance of conflict of interests in the performance of A&E services for state and federal funded transportation projects, it is necessary for the City of Tulare to adopt Caltrans's LAPM Chapter 10 to provide Caltrans with the necessary assurance that the City will be in full compliance with Federal regulations on the procurement and administration of A&E contracts.

Fiscal Impact & Funding Source(s): Failure to adopt the subject resolution would jeopardize the City’s ability to utilize state and federal funding for the procurement of A&E contracts.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - The proposed resolution adopting Chapter 10 of the LAPM is based upon boilerplate language provided by Caltrans. Any proposed changes to the resolution would need to be reviewed and approved by Caltrans to ensure that it continues to meet requirements; 2) Deny - Denial would jeopardize the City’s ability to utilize state and federal funding for the procurement of A&E contracts; or 3) Table - A slight delay in the adoption of the resolution is not likely to impact any near-term projects. However, Caltrans has expressed their desire to resolve the matter of the City’s compliance with federal requirements in a timely manner.

6.5 Acceptance of Grant Deed for Eastgate Avenue Street Right-of-Way.

Recommended Action: Accept a Grant Deed from Paula C. Ametjian, General Partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C. Ametjian Separate Property Trust, for right-of-way along the north side of Eastgate Avenue between Mountain View and Aronian Streets. Authorize the City Manager or his designee to sign the Certificate of Acceptance for the same. [M. Miller]
Summary: Council approved Tentative Parcel Map No. 2022-01 filed by Paula C. Ametjian on December 17, 2024. This parcel map will create four parcels and one remainder parcel from an existing parcel located along the south side of Eastgate Avenue between Mountain View Street Tulare City Council Page 4 of 13
Agenda Memo - January 7, 2025
and Aronian Street (APN 171-290-021). Right-of-way dedication for the south half of Eastgate Avenue was included on the parcel map. To allow for the construction of Eastgate Avenue street improvements and development of the newly created parcels fronting on Eastgate Avenue, the Owner is dedicating right-of-way for the north half of Eastgate Avenue along property outside the boundaries of the parcel map by separate Grant Deed. The Grant Deed for this right-of-way dedication, a copy of which is attached for reference, has been executed by the Owner. A Certificate of Acceptance signed by the City Manager will need to be recorded along with the Grant Deed.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The standard format of Grant Deeds and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Denial of the Grant Deed would result in insufficient right-of-way for the construction of Eastgate Avenue per City standards, which would in turn prevent the development of those parcels created by Tentative Parcel Map No. 2022-01 that have frontage on Eastgate Avenue; or 3) Table - The construction of Eastgate Avenue street improvements and development of parcels fronting on Eastgate Avenue cannot occur until the City accepts the right-of-way dedicated by the subject Grant Deed.

6.6 Capital Improvements Project Dashboard for January 2025.

Recommended Action: Accept the Capital Improvements Project Dashboard for January 2025. [M. Miller]
Summary: On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects that fall under City Council’s purview. The dashboard provides a visual summary of the overall progress of the projects so that City Council is aware of their status. The dashboards identify the project number, project title, project phase, project Tulare City Council Page 5 of 13
Agenda Memo - January 7, 2025
manager, start date, end date, budget, expenditures/encumbrances, and special notes regarding the status and/or issues affecting the project.

The attached Capital Improvements Project Dashboard reflects the quarterly status of active projects as of December 2024. The dashboard uses a color metric for the completion status graphic (pie chart) that reflects the phase each project is in. BLUE shading indicates that the project is in the Design phase, GREEN shading indicates that the project is in the Environmental or Right-of-Way Acquisition phase, and ORANGE shading indicates that the project is in the Construction or Implementation phase.

Fiscal Impact & Funding Source(s): Receipt and approval of the Capital Improvement Project Dashboard will not result in any fiscal impact.

Legal Review: Not applicable.

Alternative Action: 1) Approve with changes; 2) Deny - Action would not result in any notable impact; or 3) Table - Action would not result in any notable impact.

6.7 Tulare-Kings County Regional Hazardous Materials Team MOU.

Recommended Action: Authorize the City Manager to approve and sign the amendment and extension of the Memorandum of Understanding (MOU) between Tulare-Kings County Regional Hazardous Materials (RHM) Team and the City of Tulare for an additional five-year term, starting on July 1, 2024 and ending on June 30, 2029. [M. Ott] Summary: The City of Tulare has been a participating member of the Tulare-Kings County RHM Team since 2019 when the initial MOU was approved by council. The RHM Team is a collective task force with the ability to provide rapid and effective emergency response within the Tulare-Kings County region for hazardous material incidents. The continued participation in this MOU is vital to ensure our city and fire department can mitigate an emergency of this type.

Additionally, participation in this MOU keeps the City of Tulare in compliance with state and federal regulation regarding hazardous materials response and preparedness.

The Visalia Fire Department is the lead agency, and they are responsible for the organization, training, and equipment for this RHM Team. The cost associated with maintaining this highly skilled team is shared between the 13 partner agencies within Tulare-Kings County. The cost share is determined by local population, in which the City of Tulare’s share is 12.35% equating to $16,529.80 for the first year. Annual increases are capped at no more than five percent.

Continuing in this MOU is the most cost effective and efficient choice for both the City and taxpayers.

The City of Tulare Fire Department partners with several local manufacturing and production businesses. These businesses have a higher probability of a hazardous materials incident which would require the RHM Team response to mitigate such an emergency. These local partners have graciously provided annual donations to help offset the annual RHM Team cost since 2019. These funds are deposited into account 001-3502-031 Miscellaneous HazMat when received.

Fiscal Impact & Funding Source(s): Funds are appropriated and available in 001-4230-2018 Contractual Maintenance for this agreement.

Legal Review: Legal counsel has reviewed and approved of the agreement.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

Tulare City Council Page 6 of 13
Agenda Memo - January 7, 2025

6.8 Second Reading and Adoption of Ordinance 2025-01.

Recommended Action: Adopt Ordinance 2025-01 adopting Zone Amendment No. 756 approving a Comprehensive Update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code). [M. Anaya]
Summary: In 2020, City of Tulare staff obtained a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development (HCD). Staff’s proposed use for these grant funds was to complete a Comprehensive Zoning Ordinance Update of Title 10 of the City of Tulare Municipal Code. To begin the project, the City issued a Request for Proposals (RFP) to obtain professional services assistance with public outreach associated with the project as well as the preparation of the comprehensive update. QK Inc. was selected.

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

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

The city then held a series of five public workshops with the Planning Commission. Each workshop was publicly noticed. Events were posted to the City’s social media accounts and posted on the City’s website. Each workshop concentrated on different aspects of the development code and solicited discussion and input from the community and Planning Commission. Workshops discussed topics such as objective design standards, zoning classifications, parking, signs, and others. Public input was received and able to be provided regarding each topic discussed and regarding the Project as a whole.

Changes of Note
The Comprehensive Update proposes formatting changes to all chapters of the zoning code with text revisions being made to many chapters and wholesale re-writes of some chapters proposed. These changes are comprehensive and make it so that staff is unable to provide a redline version showing the changes that have been made. Below is a summary of some of the more substantial changes that staff would like to note. This is not a comprehensive list. - Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law. - Reduction in Number of Residential Districts – the number of single-family residential and multi-family residential zones have been consolidated. - Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

Tulare City Council Page 7 of 13
Agenda Memo - January 7, 2025
Zoning Map
As a result of changes to the zoning ordinance, changes to the zoning map are also being proposed. Proposed changes to the zoning map are being made to address the following issues:

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

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

Public Comments
Staff received a comment letter from Leadership Counsel for Justice and Accountability (LCJA) on behalf of the Matheny Tract Committee regarding the proposed Comprehensive Update.

Due to timing, staff was unable to respond to the comments received prior to the City Council meeting of December 17, 2024. However, during the public hearing at the City Council meeting a few Matheny Tract residents, and staff with LCJA expressed concerns raised in the letter and advocated for additional protective buffering measures whenever development in industrial zones is proposed adjacent to sensitive land uses such as residences, schools, etc.

Also, during the public hearing at the City Council meeting, Michael Lozeau, representing Laborers International Union of North America, Local 294 (LIUNA) expressed objection to the use of a CEQA exemption for the zoning code update and the allowing of warehouses in industrial zones.

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

City Council Approval
On December 17, 2024, the City Council voted 5-0 to Pass-to-Print Zone Amendment No. 756 adopting the Comprehensive Update to Title 10 of the City of Tulare Municipal Code with some minor revisions being made to the text of Title 10, addressing the concerns raised by LCJA.

Those changes have been provided as part of the attachments included with this item.

Fiscal Impact & Funding Source(s): The preparation of the proposed Comprehensive Update was fully funded through a grant obtained by the Community Development Department. There is no fiscal impact associated with this action.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. A decision not to approve the proposed Comprehensive Update will result in certain sections of the current code continuing to be inconsistent with state law, recent case law and revisions being requested by the California Department of Housing and Community Development.

Tulare City Council Page 8 of 13
Agenda Memo - January 7, 2025

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:30 p.m.]

7.1 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. [J. Hamlin]
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 Source(s): 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; or 3) Table.

7.2 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. [T. Myers] 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.

Tulare City Council Page 9 of 13
Agenda Memo - January 7, 2025
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.

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 Tulare City Council Page 10 of 13
Agenda Memo - January 7, 2025
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 Source(s): 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; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:05 p.m.]

8.1 Zumwalt Park Amphitheater Operator Agreement Second Amendment.

Mondell]
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 Tulare City Council Page 11 of 13
Agenda Memo - January 7, 2025
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 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; or 3) Table.

8.2 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. [M. Hermann] 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 Tulare City Council Page 12 of 13
Agenda Memo - January 7, 2025
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 vicechairperson 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 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 Source(s): There is no fiscal impact associated with this action. OR [include what was provided in the staff report]
Legal Review: This item does not require legal review. OR [include what was provided in the staff report]
Tulare City Council Page 13 of 13
Agenda Memo - January 7, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. AND [include what was provided in the staff report]

8.3 Economic Development Update.

Recommended Action: Receive an update on economic development activities for the City of Tulare. [T. Myers]
Summary: There is not a staff report associated with this item. Staff will provide a presentation during the meeting. This is an informational item only.

Fiscal Impact & Funding Source(s): 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; or 3) Table.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:45 p.m.]

10. STAFF UPDATES [Time Estimate: 8:45 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 8:50 p.m.]

12. RECONVENE FROM CLOSED SESSION [Time Estimate: 9:15 p.m.]

13. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

14. ADJOURNMENT [Time Estimate: 9:15 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 21, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, December 17, 2024
6:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Assistant City Manager Josh McDonnell; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Assistant Community Services Director Brian Beck; Police Chief Fred Ynclan; Fire Division Chief Dave Rossman; Human Resources Director Shonna Oneal; Community Development
Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers; Chief Technology Officer Jason Bowling; Senior Administrative Assistant Diana Smith

1. CALL TO ORDER
Mayor Sayre called to order the special meeting of the Tulare City Council at 6:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Comprehensive Zoning Ordinance Update Review.

Recommended Action: Review and discuss the proposed updates to the City’s Zoning Ordinance.

Presented By: Principal Planner Steven Sopp; Community Development Director Mario Anaya; Kira Stowell of QK
Public Comment: Lenord Ogans, resident of Matheny Tract, addressed the Council regarding the lack of curbs and gutters in Matheny Tract. Michael Lozeau from Lozeau Drury LLP on behalf of the Laborers International Union of North America Local 294 addressed the Council expressing concern over the inclusion of cold storage or ice house allowed in certain zones and their impacts. Reinalda Palma, resident of Matheny Tract, addressed the Council requesting consideration of including commercial and retail around their community and stated it would be beneficial to have Matheny Tract as part of the City of Tulare. Victor Castillo, resident of Matheny Tract, addressed the Council requesting public notification to the community anytime there is development in proximity of the community, consider rezoning industrial development away from the community, concerns regarding contamination, and deterioration of the roads when development occurs nearby.

Council Action: Questions posed by Council were responded to by staff and Ms. Stowell of QK. This item was informational; therefore, no action was taken.

3. ADJOURNMENT
Mayor Sayre adjourned the special meeting at 7:01 p.m.

Item #: 6.2
Consent
City Council Meeting Minutes Tuesday, December 17, 2024 City of Tulare Page 2 of 6

4. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:01 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Harrell led the Pledge of Allegiance, and an invocation was given by Steve Duyst, Pastor of Tulare Community Church.

6. ACTIONS FOLLOWING THE 2024 GENERAL MUNICIPAL ELECTION

6.1 Declare Results of the City of Tulare November 5, 2024 General Municipal Election.

Recommended Action: Adopt a resolution accepting the official canvass and certified Statement of Votes of the November 5, 2024 General Municipal Election and declaring the results and other such matters as provided by law.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

6.2 Administration of Oath of Office to Newly Elected City Councilmembers: Jose Sigala for District 1, Steve Harrell for District 3, and Patrick Isherwood for District 5.

City Manager/City Clerk Marc Mondell administered the oath of office to the newly elected members of the City Council.

6.3 Reorganization of the City Council.

Recommended Action: Select the mayor and vice mayor amongst the membership.

Council Action: It was moved by Councilmember Mederos and seconded by Councilmember Sigala to select Patrick Isherwood as mayor. City Attorney Zamora called for a roll call vote. The motion passed 5 to 0 as follows:

Ayes: Mayor Sayre, Vice Mayor Isherwood, Councilmember Mederos, Councilmember Sigala, Councilmember Harrell
Noes: None
It was further moved by Mayor Isherwood and seconded by Councilmember Sayre to select Stephen C. Harrell as vice mayor. City Attorney Zamora called for a roll call vote.

The motion passed 5 to 0 as follows:

Ayes: Mayor Isherwood, Councilmember Sayre, Councilmember Sigala, Councilmember Harrell, Councilmember Mederos
Noes: None
Council took a short recess at 7:20 p.m. and reconvened the meeting at 7:35 p.m.

7. PROCLAMATIONS & RECOGNITIONS

7.1 Resolution of Commendation to Canby’s Air Conditioning & Heating for 100 Years.

Vice Mayor Harrell presented a resolution of commendation to representatives of Canby’s Air Conditioning and Heating.

8. PRESENTATIONS

8.1 2024 Concert Series Recap by Todd Speelman of Spade Entertainment. Todd Speelman of Spade Entertainment provided a presentation to the Council regarding the concerts held at the new Adventist Health Amphitheater. Mr. Speelman thanked City staff for their efforts. Executive Director of Economic Development & Redevelopment Traci Myers provided comments made from downtown business owners regarding the concerts’ City Council Meeting Minutes Tuesday, December 17, 2024 City of Tulare Page 3 of 6
positive effects on their businesses. Questions posed by Council were responded to by Mr. Speelman.

9. PUBLIC COMMENT
Connie Diaz introduced herself as a newly elected member to the College of the Sequoias Board of Trustees.

Jerry Quinonez addressed the Council requesting a streetlight be placed in the 800 block of E.

San Joaquin Ave.

John Harman of the Tulare Downtown Association provided an update on the Christmas parade and thanked the Tulare Police Department for their efforts in response to the incident that occurred.

10. COMMUNICATIONS
City Manager Marc Mondell advised a letter was received on December 16, 2024 from Emma De La Rosa of the Leadership Counsel for Justice & Accountability regarding the Zoning Ordinance update, and an email received on December 17, 2024 from Michael Lozeau of Lozeau Drury LP regarding the Zoning Ordinance update.

11. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

12. CONSENT CALENDAR
Item 12.5 and 12.8 were removed from the Consent Calendar by Council.

It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 12.5 and

12.8. 12.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

12.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of December 3, 2024. [M. Hermann]

12.3 Second Reading and Adoption of Ordinance 2024-06.

Recommended Action: Adopt Ordinance 2024-06 amending Chapter 7.09 (Wells) of the City of Tulare Municipal Code. [T. Whitfield]

12.4 Amendment to Contract with RSG, for Consulting Services.

Recommended Action: Approve an amendment to the contract with RSG, for consulting services associated with administration of American Rescue Plan Act (“ARPA”) funding. [M. Gaboardi]

12.6 Parcel Map Acceptance – TPM 2022-01.

Recommended Action: Approve the Parcel Map filed by Paula C. Ametjian, general partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C. Ametjian Separate Property Trust for the division of land located on the north City Council Meeting Minutes Tuesday, December 17, 2024 City of Tulare Page 4 of 6
side of Tulare Avenue between Mountain View Street and Aronian Street for recordation, and accept all easements and dedications offered to the City. [M. Miller]

12.7 Parcel Map Acceptance – TPM 2024-02.

Recommended Action: Approve the Parcel Map filed by Joe Pedro, chairperson of The First Church of God of Tulare, for the division of land located on North Blackstone Street, and accept all easements and dedications offered to the City. [M. Miller]

ITEM(S) PULLED FROM CONSENT CALENDAR

12.5 Lease of City-owned Property - 407 North K Street.

Recommended Action: Approve a five-year lease agreement with New Life Ministries of Tulare County for the building located at 407 North K Street for $1,500 per month; and authorize the City Manager to execute all necessary documents on behalf of the City.

Council Action: Councilmember Sigala pulled this item to request clarification on the type of lease the City will have with New Life Ministries of Tulare County. City Manager Marc Mondell provided a response thereto. It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

12.8 City of Tulare Health Care Center Agreement.

Recommended Action: Approve the City of Tulare Health Care Center Agreement with Elite Corporate Medical Services, Inc. (Elite), subject to minor clarifying and confirming revisions as approved by the City Attorney; and authorize the City Manager to execute the Agreement.

Council Action: Councilmember Sigala pulled this item to state that this agreement will positively impact City employees and their families. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

13. PUBLIC HEARING

13.1 Comprehensive Zoning Ordinance Update.

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

Presented By: Principal Planner Steven Sopp; Community Development Director Mario Anaya
Public Comment: The public hearing was opened at 8:33 p.m. A presentation was provided by Ashley Vega of the Leadership Counsel of Justice & Accountability providing recommendations to protect residents from industrial development. Michael Lozeau of Lozeau Drury LLP on behalf of the Laborers International Union of North America Local 294 addressed the Council expressing concern over the inclusion of cold storage or ice house allowed in certain zones and their impacts and the common sense exemption as well as concerns with inconsistencies with the General Plan and policy. The public hearing was closed at 8:52 p.m.

Council Action: It was moved by Councilmember Mederos and seconded by Councilmember Sayre to approve the item as amended to include enhanced landscaping in buffer zones utilizing two rows of trees, prohibiting the internal circulation idling trucks offsite, and on-site public notice signs as recommended by the Leadership Counsel of Justice & Accountability. City Attorney Zamora called for a roll call vote. The motion passed 5 to 0 as follows:

Ayes: Councilmember Mederos, Councilmember Sayre, Councilmember Sigala, Vice Mayor Harrell, Mayor Isherwood
Noes: None
City Council Meeting Minutes Tuesday, December 17, 2024 City of Tulare Page 5 of 6

14. GENERAL BUSINESS

14.1 Analysis of Impediments and Consolidated Plan 101.

Recommended Action: Receive and consider a presentation from Baker Tilly Advisory Group on a project plan and overall development of an updated Fiscal Years (FY) 2025- 2029 Analysis of Impediments to Fair Housing Choice and updated FY 2025 – 2029 Consolidated Plan for the City of Tulare.

Presented By: Housing and Grants Manager Alexis Costales; Baron Jamaal, Jolena Presti, and Sydni Pierce of Baker Tilly Advisory Group
Public Comment: There were no public comments.

Council Action: Questions posed by Council were responded to by staff. This was an informational item; therefore, there was no action taken.

14.2 MOU with Cyclum Renewables, LLC and Central Cal Truck Stops, LLC.

Recommended Action: Receive a presentation on a Memorandum of Understanding between the City of Tulare and Cyclum Renewables, LLC and Central Cal Truck Stops, LLC to Establish a Collaborative Relationship to Redevelop Mefford Field with a Renewable Energy Truck and Vehicle Charging Center on 26 acres of city-owned, nonFederal Aviation Administration Property; and to authorize the City Manager or designee to execute same with any minor revisions as approved by the City Attorney.

Presented By: Executive Director of Economic Development Traci Myers; Shawn Lee of Cyclum Renewables, LLC
Public Comment: There were no public comments.

Council Action: Questions posed by Council were responded to by staff and Mr. Lee. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item with the stipulation that staff will explore Vice Mayor Harrell’s request to ensure the airplanes at Mefford Field are kept in a safe location.

14.3 Police Department Citizen Complaint Review Board Appointments.

Recommended Action: Appoint seven members to the Police Department Citizen Complaint Review Board to serve a term for January 1, 2025 through December 31, 2026.

Presented By: City Manager Marc Mondell obo Chief Deputy City Clerk Melissa Hermann Public Comment: There were no public comments.

Council Action: It was the consensus of Council to table this item to January 7, 2025.

It was the consensus of the Council to move Item 14.4 forward on the agenda to be heard following the Consent Calendar.

14.4 Cost Reimbursement for Parades and Events.

Recommended Action: Provide direction to staff regarding cost reimbursement for parades and events in which the city expends funds.

Presented By: Community Development Director Mario Anaya Public Comment: Willard Epps addressed the Council regarding the Martin Luther King Jr. event held in January. John Harman inquired whether this item only related to MLK walk or inclusive to all events as which Council responded that it was related only to the MLK walk. Jason Bender addressed the Council stating there may be a bigger discussion regarding the requirements for parades and events in downtown.

Council Action: Councilmember Sigala offered to pay for the permit fees through his Community Benefit fund if those fees have not been paid yet. There was no action taken on this item.

14.5 Council Representation on Local and Regional Boards and Committees.

Recommended Action: Approve appointments of the City Council representatives to local and regional boards and committees.

Presented By: City Manager Marc Mondell obo Chief Deputy City Clerk Melissa Hermann City Council Meeting Minutes Tuesday, December 17, 2024 City of Tulare Page 6 of 6
Public Comment: There were no public comments.

Council Action: It was the consensus of Council to table this item until January 21, 2025.

15. FUTURE AGENDA ITEMS

15.1 Moratorium of Demolition Permits.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Harrell
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

16. STAFF UPDATES
Staff provided updates on department activities.

17. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

17.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: City Manager Mondell; City Attorney Zamora; Assistant City Manager McDonnell; Human Resources Director Oneal Employee Organization: Tulare Police Officers Union (TPOU) Unrepresented Employee: Police Management Group
Council recessed to closed session at 10:37 p.m.

18. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 10:59 p.m.

19. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

20. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 10:59 p.m.

These meeting minutes were approved by the Council on January 7, 2025.

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk

By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Prosperity & West Traffic Signal Project - Design Consultant Task Order

RECOMMENDED ACTION
Review and approve the amended project scope for the design and construction support services of a new traffic signal and intersection improvements at Prosperity Avenue and West Street (Project EN0088); authorize the City Manager or designee to sign a task order amendment with QK of Visalia, CA, in an amount not to exceed $88,600 for updated contract documents, right-of-way services to assist SCE with required utility pole relocation, bidding assistance, and construction support services; and authorize the City Manager or designee to approve change orders in an amount not to exceed 10% of the revised task order amount.

SUMMARY
On November 5, 2019, the City Council approved a task order with QK of Visalia, CA, to complete the design for CIP Project EN0088 – Prosperity & West Traffic Signal under their existing on-call engineering services contract. Since then, both the City Council and the Board of Public Utilities have approved several amendments to the contract. These amendments were to address additional design work required for master-planned improvements to water, sewer, and storm drain systems within the project limits, and to resolve conflicts related to the existing Tulare Irrigation District (TID) pipeline that runs under West Street and the proposed improvements. Additionally, modifications to the design and alignment of the future frontage improvements along the north side of Prosperity Avenue east of West Street were required to address issues that arose during the right-of-way acquisition process.

At this time, additional services are required from QK to see the project through construction. These include additional right-of-way staking and the preparation of exhibits and legal descriptions needed to assist Southern California Edison with the acquisition of a utility easement to accommodate relocation of one of their utility poles, updates to the contract documents prior to bidding, bidding assistance, and construction support services. Since the proposed amendment exceeds the amount of the 10% contingency previously authorized, it requires City Council approval.

FISCAL IMPACT & FUNDING SOURCE(S)
EN0088-040-0202
EN0061 (021 – Measure R – Local)
010 – Water Bonds
615 – Sewer Wastewater CIP

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve With Changes – Staff will facilitate changes requested by Council.

2. Deny – Denial of the task order amendment with OK would prevent the project from moving forward or require the City to seek services from another consultant likely resulting in higher costs.

3. Table – Postponing the task order amendment with QK will further delay delivery of the project.

Item #: 6.3
Consent

6.3 Consent Page 1

ATTACHMENTS

1. Additional Work Authorization and Task Order
Reviewed/Approved:

6.3 Consent Page 2

6.3 Consent Page 3

6.3 Consent Page 4

6.3 Consent Page 5

6.3 Consent Page 6

6.3 Consent Page 7

6.3 Consent Page 8

6.3 Consent Page 9

6.3 Consent Page 10
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Adoption of Chapter 10 of the Caltrans Local Assistance Procedures Manual

RECOMMENDED ACTION
Adopt a resolution adopting Chapter 10 of the Caltrans Local Assistance Procedures Manual governing consultant selection for State and Federally funded transportation projects.

SUMMARY
The City of Tulare regularly utilizes state and federal funding sources to construct transportation projects.

Due to limited staffing and expertise, certain services including Architectural and Engineering (A&E) are often contracted out to qualified firms. When utilizing federal funding sources for these services, the City must comply with federal regulations which set forth standards for procuring and administering A&E contracts. In particular, the provisions of the Brooks Act (40 United States Code, Section 1104) require that local agencies award federally funded engineering and design-related contracts, on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR

FISCAL IMPACT & FUNDING SOURCE(S)
Failure to adopt the subject resolution would jeopardize the City’s ability to utilize state and federal funding for the procurement of A&E contracts.

LEGAL REVIEW
This item does not require legal review.

Item #: 6.4
Consent

6.4 Consent Page 1

ALTERNATIVE ACTION

1. Approve with changes – The proposed resolution adopting Chapter 10 of the LAPM is based upon boilerplate language provided by Caltrans. Any proposed changes to the resolution would need to be reviewed and approved by Caltrans to ensure that it continues to meet requirements.

2. Deny – Denial would jeopardize the City’s ability to utilize state and federal funding for the procurement of A&E contracts.

3. Table – A slight delay in the adoption of the resolution is not likely to impact any near-term projects.

However, Caltrans has expressed their desire to resolve the matter of the City’s compliance with federal requirements in a timely manner.

ATTACHMENTS

1. Resolution
Reviewed/Approved:

6.4 Consent Page 2
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 10:

CONSULTANT SELECTION
WHEREAS, the City of Tulare is responsible for constructing transportation projects that are state and federally funded; and
WHEREAS, in order to comply with the Federal regulations and due to limited staffing and expertise, certain services including Architectural and Engineering (A&E) are contracted out to qualified firms; and
WHEREAS, the Federal regulations set forth standards for procuring and administering A&E contracts; and
WHEREAS, the provisions of the Brooks Act (40 United States Code, Section 1104) requires local agencies to award federally funded engineering and design-related contracts, otherwise known as A&E contracts, on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR 31.201-3); and WHEREAS, pursuant to 23 CFR 172.5 (b), local agencies shall develop and sustain organizational capacity and provide the resources necessary for the procurement, management, and administration of engineering and design related consultant services, reimbursed in whole or in part with Federal-Aid Highway Program funding as specified in 23 U.S.C. 106(g)(4)(A); and WHEREAS, the provision 23 CFR 172.5 (b)(1) requires local agencies to adopt written policies and procedures for the procurement, management, and administration of engineering and design related consultant services in accordance with applicable Federal and State laws and regulations; and
WHEREAS, the State of California Department of Transportation (Caltrans) has developed the Local Assistance Procedures Manual (LAPM), Chapter 10, Consultant Selection which sets forth policies and procedures to be utilized by local agencies in the procurement and management of A&E contracts on state and federal funded transportation projects to ensure compliance with applicable Federal and State laws and regulations and to maintain eligibility for Federal-Aid reimbursement; and
WHEREAS, the City of Tulare Purchasing Policy, dated October 6, 2015, contains provisions to ensure avoidance of conflict of interests in the performance of A&E services for state and federal funded transportation projects; and
WHEREAS, the City of Tulare desires to adopt Caltrans's LAPM Chapter 10 and the City's conflict of interest policies for compliance with Federal regulations on the procurement and administration of A&E contracts.

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

Section 1. The above recitals are true and correct findings of the Tulare City Council.

6.4 Consent Page 3
Resolution 2025-XX

Page 2 ends

Section 2. The Local Assistance Procedures Manual, Chapter 10, Consultant Selection dated January 2023, or as amended in future updates, is approved, and adopted.

Section 3. The A&E Services Administration and Procurement Policies for State and Federal Funded Projects that are contained within the City of Tulare Purchasing Policy approved by Tulare City Council Resolution No. 15-36, whereby the City is required to “comply with all special purchasing requirements imposed by grants-in-aid (state, federal or otherwise) or state or federal contracts with special purchasing requirements”, are hereby reaffirmed.

Section 4. Authorizes the City Manager to approve amendments to the City's adopted A&E Services Administration and Procurement Policies in consultation with the Federal Highways Administration.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 7th day of January 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

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

6.4 Consent Page 4
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Acceptance of Grant Deed for Eastgate Avenue Street Right-of-Way

RECOMMENDED ACTION
Accept a Grant Deed from Paula C. Ametjian, General Partner of the Armistre Ametjian Staley Family Limited Partnership and Trustee of the Paula C. Ametjian Separate Property Trust, for right-of-way along the north side of Eastgate Avenue between Mountain View and Aronian Streets. Authorize the City Manager or his designee to sign the Certificate of Acceptance for the same.

SUMMARY
Council approved Tentative Parcel Map No. 2022-01 filed by Paula C. Ametjian on December 17, 2024.

This parcel map will create four parcels and one remainder parcel from an existing parcel located along the south side of Eastgate Avenue between Mountain View Street and Aronian Street (APN 171-290- 021). Right-of-way dedication for the south half of Eastgate Avenue was included on the parcel map. To allow for the construction of Eastgate Avenue street improvements and development of the newly created parcels fronting on Eastgate Avenue, the Owner is dedicating right-of-way for the north half of Eastgate Avenue along property outside the boundaries of the parcel map by separate Grant Deed. The Grant Deed for this right-of-way dedication, a copy of which is attached for reference, has been executed by the Owner. A Certificate of Acceptance signed by the City Manager will need to be recorded along with the Grant Deed.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
The standard format of Grant Deeds and Certificates of Acceptance have been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Denial of the Grant Deed would result in insufficient right-of-way for the construction of Eastgate Avenue per City standards, which would in turn prevent the development of those parcels created by Tentative Parcel Map No. 2022-01 that have frontage on Eastgate Avenue.

3. Table – The construction of Eastgate Avenue street improvements and development of parcels fronting on Eastgate Avenue cannot occur until the City accepts the right-of-way dedicated by the subject Grant Deed.

ATTACHMENTS

1. Grant Deed for Eastgate Avenue Street Right-of-Way

2. Certificate of Acceptance for Eastgate Avenue Street Right-of-Way Reviewed/Approved:

Item #: 6.5
Consent

6.5 Consent Page 1
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern A venue
Tulare, CA 93274-4257
PURSUANT TO GOVERNNIENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant Deed in Fee Interest

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS$ NONE
[8] City of Tulare Parcel No.: l'-'7...,,. 1 .... -0e.:2,..,,0'-'0""'l,.,6'------------------------- D Computed on full value of interest or property conveyed, or D Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
The Armistre Ametiian Staley Family Limited Partnership, as to an undivided one-half(l/2) interest and Paula C. Ametiian, as trustee of the Paula C. Ametiian separate property trust, dated August 26, 2024, as to an undivided one-half(l/2) interest ("Gran tor")
Hereby GRANT(S) in fee interest, for street right of way, to the City of Tulare, a Municipal Corporation ("Grantee"), for the real property in The City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'A' FOR LEGAL DESCRIPTION AND EXHIBIT 'B' FOR PLAT.

Date: _ __,Daa...,,e:..:c:::.· -=e"-"Wl -'-'-'b=GV' :a......__._17....,_._. _1......,,, o"-1""'--4..,__ _ Date: D eceyYJbgr ( 7 i;?02, 4 Grantor: The Armistre Ametjian Staley Family Limited Partnership By: y'.)augg C'. 0&>:z ":'ii It• 0<)
Paula C. Ametjian, General Pa:ner
The Paula C. Ametjian separate property
Grantor: trust, dated August 26, 2024
By: i?au.Aa ~ ~)
Paula C. Ametjian, Trustee
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Tulare ) S.S.

On Dec. \7 ( 1. O 2--Y before me, --1-fi-->...:.... V\...:::. ~,+->e,"'-'\'-"l-'-V\--=· O\_· __ \/4~..;.. f.;._C"-- _ Notary Public, personally appeared __.P_c .... A, ... \.._J ..... \ ..... 0\ ..... . -a-__._C .... ~_- _..._l\_,__._W .......... )e .... <_.k..,..~ .... \....,C,\ ...,· ... Vl _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal.

ANGELINA LARA
Notary Public • California !_
~ Tulare County
. commission 112474047
"
0 ,,.~ My Comm. Expires Nov 27, 2027
(Seal)

6.5 Consent Page 2

EXHIBIT 'A'
Lane Engineers, Inc. Job No. 21212
December 13, 2024
LEGAL DESCRIPTION: (APN 171-020-016)
That portion of the East half of the N orthwest quarter of the Southeast quarter of Section 1, Township 20 South, Range 24 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

Beginning at the intersection of the East right of way line of Mountain View Street, being parallel with and 28.00 feet East of the West line of said East half, and the South line of said East half;
Thence North 00°35'49" East 50.39 feet along said East right of way line; Thence South 89°24' 11" East 2.00 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 20.00 feet, a radial line through which point bears North 89°24' 11" West;
Thence southeast 31. 76 feet along said curve through a central angle of 90°59'03" to a line parallel with and 30.00 feet North of said South line of the East half; Thence North 89°36'46" East 197.39 feet along said parallel line to the beginning of tangent curve concave to the South having a radius of 530.00 feet; Thence easterly 88.79 feet along said curve through a central angle of 09°35'55" to the beginning of a reverse curve concave to the North having a radius of 470.00 feet; Thence easterly 78.74 feet along said reverse curve through a central angle of 09°35'55" to a line parallel with and 16.00 feet North of said South line of the East half; Thence North 89°36'46" East 195.37 feet along said parallel line to the beginning of a tangent curve concave to the northwest having a radius of 20.00 feet; Thence northeasterly 31.06 feet along said curve through a central angle of 88°59'36" to a point of cusp;
Thence South 89°22'50" East 32.00 feet to the East line of said East half of the Northwest quarter of the Southeast quarter of Section 1;
Thence South 00°37'10" West 20.94 feet along said East line to the North line of the South

65.00 feet of the East 32.00 feet of Parcel 2 per Irrevocable Offer of Dedication, recorded as Doc. No. 93-026652, Tulare County Official Records and accepted by the City of Tulare per Resolution No. 04-5123, recorded as Doc. No. 2004-0112017, Tulare County Official Records; Thence North 89°23'04" West 32.00 feet along said North line to the West line thereof; Thence South 00°3 7' 1 O" West 14. 71 feet along said West line to the South line of said Eas .... t ~=~ half;
Thence South 89°36'46" West 601.75 feet along said South line to the POINT OF BEGINNING.

CONTAINING 14,779 SQUARE FEET OR 0.34 ACRES, MORE OR LESS SEE EXHIBIT 'B' ATTACHED HERETO.

Page 1 of 2 ends

6.5 Consent Page 3
28'

EXHIBIT B
~------~ SCALE: 1" = 50'

RIGHT OF WAY DEDICATION

0.34 AC.
:::::;
_E_A_ST_G_A_TE_A_V~. . _,~
I- ~-'-I ---~
en =:t ~ POINT OF BEGINNING
3: ~ ~ I wi (f)~
>-I ~I- <..i UJ /., .-;,
z l:5 ~ t/ <C ~'.; H---1
i1
1 !~
:a: a::: l:5 0
u
s:
z
I
I
I
I
I
I
I
I
I
NORTH
SC
~
ALE: 1" = 50'
c:,
C')

LINE TABLE
LINE# BEARING DISTANCE
L1 N0'35'49"E 50.39
L2 S89'24'11 "E 2.00
L3 S89'22'50"E 32.00
L4 S0'37'10"W 20.94
LS N89'23'04"W 32.00
L6 S0'37'10"W 14.71
~
~
I~
I~ C')
f'
0 0 I(/)
I
I
SOUTH LINE OF THE E1/2 OF THE
NW1/4 OF THE SE1/4 OF SEC. 1-20-24
RADIAL
TABLE
RADIAL# BEARING
R1 S89'24'11 "E (R)
R2 S0'23'14"E (R)
R3 N0'23'14"W (R)
R4 S89'22'50"E (R)
I

CURVE TABLE
CURVE# LENGTH DELTA RADIUS
C1 31.76 90'59'03" 20.00
C2 31.06 88'59'36" 20.00
I
w,w ~ > z 0:::
0 en 1::J I I~ =
<( 0 ::!:

Ll:;~38/595" I L==?B.74 Jti!~ I_~ - -
R=
530
_
00 __ --/ - -Ll=9'35'55" (f) 12 I g
·
%%L~it.--4=f=
·~~~-~~~~
--; S89'36'46"W601-75
~ -
~ --~--- I I - --
1~ I I I _
I~ €/ ------J--f----
1 f3 - =---=---r j__ I I --io ~.--__ -'"--- lg ~ I •
I §I
I i
c:,
C')
RIGHT OF WAY LINE PER RESOLUTION NO. 04-5123, =t I . I I - --- - -- RECORDED AS DOC. NO. 2004-0112017, O.R.T.C.R.
------------- g.,______ \
PARCEL 2 PER IRREVOCABLE OFFER
OF DEDICATION, RECORDED AS DOC.

NO. 93-026652, O.R.T.C.R.

L_
32'
i--=
en
z
~
z
0 0::::
<(
SHEET 2 OF 2
JOB NO. 21212

6.5 Consent Page 4

6.5 Consent Page 5

6.5 Consent Page 6

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated ___________________________, from The Armistre Ametjian Staley Family Limited Partnership, as to an undivided one-half(l/2) interest and Paula C. Ametjian, as trustee of the Paula C. Ametjian separate property trust, dated August 26, 2024, as to an undivided one-half(l/2) interest, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on January 7, 2025, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

6.5 Consent Page 7
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Capital Improvements Project Dashboard for January 2025

RECOMMENDED ACTION
Accept the Capital Improvements Project Dashboard for January 2025.

SUMMARY
On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed,
• Create department 5-year project plans,
• Improve pre-planning and preparation,
• Identify and implement management policies and procedures, • Improve project cost tracking and project delivery,
• Formalize and improve project reporting, and
• Review and evaluate project successes or failures upon completion in order to improve on future projects.

Pursuant to the City Council’s request, staff provides quarterly Capital Improvement Project Dashboards for all major capital projects that fall under City Council’s purview. The dashboard provides a visual summary of the overall progress of the projects so that City Council is aware of their status. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes regarding the status and/or issues affecting the project.

FISCAL IMPACT & FUNDING SOURCE(S)
Receipt and approval of the Capital Improvement Project Dashboard will not result in any fiscal impact.

LEGAL REVIEW
Not applicable.

ALTERNATIVE ACTION

1. Approve with changes.

2. Deny – Action would not result in any notable impact.

Item #: 6.6
Consent

6.6 Consent Page 1

3. Table – Action would not result in any notable impact.

ATTACHMENTS

1. Capital Improvement Project Dashboard as of December 2024.

Reviewed/Approved:

6.6 Consent Page 2
Project Name Contacts Description Progress Update Project Budget Completion PK0033:

Zumwalt Park
Rehabilitation
District(s): 3 New improvements
will generally include
concrete flatwork, site
walls, lighting,
landscaping,
playground equipment,
splash pad, new stage
and amphitheater
building, new restroom
building, ramps, stairs,
fencing, signage, and
storm drain
improvements. The
existing gazebo shall
remain in place or get
rebuilt as an
alternative. Off-site
improvements will
consist of new curb,
gutter, sidewalk, and
striping along "N"
Street and Kern
Avenue.

Construction:

The Contractor is
working on the
amphitheater
roofing and siding;
concrete
improvements,
restroom building,
perimeter fencing,
main entrance, and
playground
equipment.

Total Budget: $15,156,227
Division: Parks
Spent to Date:

$10,796,105 Project
Manager:

Dylan
Chimienti
Engineer: RRM
Remaining
Budget:
$4,360,122
Contractor: Caliber
Contracting
Services Inc. Contract
Working
Days:
365
Expected Completion:

February 2025
Funding: ARPA Federal
Grant, Park DIF, Other
General Fund CIP
75%
Design R.O.W. Const.

6.6 Consent Page 3
Project Name Contacts Description Progress Update Project Budget Completion PK0037: K9
Bane Dog Park
District(s): 4 New improvements
include a concrete
drive approach and
concrete flatwork on
site, asphalt parking lot
with concrete ADAaccessible parking
stalls, signing and
pavement marking,
fencing, landscape
architecture and
irrigation, architectural
elements including
benches, shade
structure, bike racks,
drinking fountains,
parking lot and site
lighting. Off-site
improvements consist
of new curb and gutter,
sidewalk, and asphalt
paving on N “O” Street
and N “N” Street.

Construction:

The contractor has
completed the
underground
improvements and
is currently working
on the concrete
improvements, the
perimeter fencing,
and the shade
structure.

Total Budget: $1,620,741
Division: Parks
Contract
Award: 5/21/2024 Project
Manager:

Dylan
Chimienti
CO’s to Date: 3
Engineer: 4Creeks
Total
Contract: $1,287,000
Contractor: Caliber
Contracting
Services Inc.

Contract
Working
Days:
70 Expected Completion:

February 2025
Funding: Park DIF
70%
Design R.O.W. Const.

6.6 Consent Page 4
Project Name Contacts Description Progress Update Project Budget Completion WT0040: SRF
Grant Project
(Matheny
Well and Well
14 Pipeline)
District(s): ALL Funded by a SRF grant
from the State as a
result of the Matheny
Tract connection to the
City water system.

Project includes
construction of a new
City well 4-3 (per the
Carollo
Matheny/Soultz
Technical
Memorandum) and
extending the 12" main
from Well 14 north up I
Drive to Matheny
Tract.

Construction:

Repairs to the
perimeter fence are
underway. Well
cleaned and airlifted
to remove material
from cleaning. The
generator was
delivered. Now
waiting on the
electrical service
panel.

Total Budget: $8,061,402
Division: Water
Construction
Cost: $7,885,711 Project
Manager:

Michael
Powers
CO’s to Date:

Engineer: Cannon
Total
Contract:
$6,256,942
Contractor: Well
Drilling -
Prieto
Water
Well
Drilling Inc.

Well
Equipping
– W.M.

Lyles
Contract
Working
Days:
270
Expected Completion:

Summer 2025
Funding: Water CIP
80%
Design R.O.W. Const.

6.6 Consent Page 5
Project Name Contacts Description Progress Update Project Budget Completion FM0046:

Courthouse
Renovation
District(s): 3 City of Tulare
purchased the Tulare
County Superior Court
House, Renovations
include Police
Department, Business
Incubator, and
Chamber of
Commerce.

Construction:

Contractors are
actively working on
the concrete and
landscaping
improvements in
the parking lot.

Preparing grade
from paving and
interior floors and
store front.

Budget: $6,707,956
Division: Facility
Maintenance
Encumbered:

Project
Manager:

Bryan Cahill
Spent to Date: $4,253,221
Engineer: 4Creeks
Remaining
Budget: $2,580,107 Contractor: 4CG and
Various Subs
Contract
Working
Days:
200
Expected Completion:

Funding: ARPA Funds, February 2025
General CIP, Lease
Revenue Bonds
80%
Design R.O.W. Const.

6.6 Consent Page 6
Project Name Contacts Description Progress Update Project Budget Completion EN0096:

International
Agri-Center
Interchange
District(s): 3 Construction of new
interchange on Hwy
99 at International
AgriCenter Way with
4-lane overpass
connecting K Street
to Laspina Street.

Caltrans construction
oversight.

Construction:

The contractor has
installed piers for
the bridge deck.

Erection of
falsework for bridge
construction and
grading for the
northbound and
southbound ramps
is underway.

Budget: $52,800,000
Division: Engineering
Encumbered:

Project
Manager:

Bryan Cahill
Spent to
Engineer: Caltrans and Date:

NV5
Remaining
Budget:

Contractor: Security
Paving
Contract
Working
Days:
400
Funding: State,
Federal, TCAG, and
State Highway DIFs
Expected Completion:

August 2025
30%
Design R.O.W. Const.

6.6 Consent Page 7
Project Name Contacts Description Progress Update Project Budget Completion EN0097:

International
AgriCenter
Way
Extension
District(s): 3 Extension of
International
AgriCenter Way from
Laspina Street to
Turner Drive including
street construction
and installation of
water and sewer
mains to support
development of
surrounding area.

Design:

Project engineer
currently has
developed 90%
plans and
specifications.

Engineering working
with City Staff on
the final design.

Total Budget: $6,040,779
Division: Engineering
Encumbered:

Project
Manager:

Bryan Cahill
Spent to Date:

Engineer: Peters
Engineering
Group
Funding: Measure R
Local, CDBG, Streets
DIF, Water DIF, IAC
Way Benefit District
and Federal Earmark.

Remaining
Budget: Contractor: TBD
Contract
Working Days: TBD
Expected Completion:

TBD
90%
Design R.O.W. Const.

6.6 Consent Page 8
Project Name Contacts Description Progress Update Project Budget Completion FM0049:

Engie Project
District(s): Various Construction locations
include Library,
Council Chambers,
City Hall, Police
Department, Business
Incubator, Parks and
Sports Fields.

Installing HVAC,
Lighting, EV Chargers
and Solar Canopy’s.

Construction:

Completed installing
lighting upgrades in
various city
buildings along the
Santa Fe Trail. Solar
canopies were also
installed at the
library and city hall.

Total Budget: $12,895,898
Division: Facility
Maintenance
Construction
Estimate: $8,829,936 Project
Manager:

Bryan Cahill
CO’s to Date:

Engineer:

Total
Contract: $4,065,961
Contractor: TBD
Contract
Working Days: TBD
Funding: EECS Grant
and Federal
Assistance Expected Completion:

March 2025
95%
Design R.O.W. Const.

6.6 Consent Page 9
Project Name Contacts Description Progress Update Project Budget Completion EN0101:

Tesori-Bella
Oaks
Improvements
District(s): 5 Infrastructure
improvements, traffic
safety, liability relief
concerns, and
compliance with ADA
requirements
associated with the
Tesori and Bella Oaks
subdivisions, including
Mooney Boulevard
(SR63) improvements
across project
frontages.

Design:

Council awarded a
contract with the
design engineer on
11/19/24. City staff
anticipates a 30%
review of the plans
and specifications in
early 2025.

Total Budget: $3,247,500
Division: Engineering
Contract
Award: TBD
Project
Manager:

TBD
CO’s to Date:

N/A Engineer: 4Creeks
Total
Contract: TBD
Contractor: TBD
Contract
Working
Days:

TBD
Expected Completion:

Funding: State HWY TBD
DIF Fund, Other
General Fund CIP,
Settlement
Agreement
0%
Design R.O.W. Const.

6.6 Consent Page 10
Project Name Contacts Description Progress Update Project Budget Completion EN0078:

Bardsley
Sidewalk
Improvements
District(s): 5 Traffic safety project to
install continuous ADA
compliant sidewalk and
curb gutter along
Bardsley Avenue at
Morrison Street.

ROW:

Staff is working with
right-of-way
consultant Paragon
Partners on the
frontage acquisition.

Right of Way is
expected to be
completed in
January 2025.

Currently, Paragon
has the property's
owners in
negotiations for
ROW purchases.

Total Budget: $303,444
Division: Engineering
Contract
Award: TBD
Project
Manager:

Bryan Cahill
Engineer: City of
Tulare
Funding:

Fund 022 -Gas Tax
Total
Contract: TBD Contractor: TBD
Contract
Working
Days:

TBD
Expected Completion:

TBD
80%
Design R.O.W. Const.

6.6 Consent Page 11
Project Name Contacts Description Progress Update Project Budget Completion EN0074: Cross
& West
Improvements
District(s): 1&2 The project includes
installing a sidewalk on
the north side of Cross
Avenue, improving
surface water drainage,
modifying water and
sewer service,
reconstructing the
street, and improving
the westerly side of the
Cross Avenue-West
Street intersection. The
project will also improve
pedestrian connectivity
in the area.

Design:

The design is 90%
completed. City staff
is working with the
design engineer to
add surface water
and storm drain
improvements to a
nearby basin.

ROW:

Property acquisition
is complete. City
staff is working with
SCE and a property
owner on relocating
a utility pole and
how it affects their
property.

Budget: $842,500
Division: Engineering
Contract
Award:

TBD
Project
Manager:

Dylan
Chimienti
Designer /
Engineer:
4Creeks
Total
Contract: TBD
Contractor: TBD
Contract
Working
Days:

TBD
Expected Completion:

TBD
Funding: Measure R, Gas
Tax, Gas Tax (RMRA) SB1
90%
Design R.O.W. Const.

6.6 Consent Page 12
Project Name Contacts Description Progress Update Project Budget Completion FM0103:

Tulare Ave
Roundabout
District(s): 5 Construct a roundabout
at the intersection of
Tulare Avenue (SR 137)
and Morrison Street in
partnership with
Caltrans and Woodside
homes, the developer of
the Farrar Estates
subdivision.

Construction:

The project was
taken to the council
and awarded to
Cen-Cal
Construction on
6/18/2024.

Phase 1 is under
construction. The
City, Contractor and
Caltrans are working
through a design
issue.

Budget: $1,605,000
Division: Facility
Maintenance
Contract
Award: $1,588,824 Project
Manager:

Michael
Powers
Designer /
Engineer:
4Creeks
Total
Contract:

Contractor: Cen-Cal
Construction
Funding: Fund 245 –
State HWY DIF Funds
Caltrans SHOPP Funds
Contract
Working
Days:
180
Expected Completion:

TBD
10%
Design R.O.W. Const.

6.6 Consent Page 13
Project Name Contacts Description Progress Update Project Budget Completion WT0056:

New Well 1
Replacement
District(s): 1 Construction of a new
water well to replace
existing Well #1 on the
same site.

Utilizing an on-call
well-design
engineer. The City
awarded the
contract to Carollo
Engineers on
12/7/23 to design
plans and
specifications.

City staff anticipates
having completed
plans and
specifications in
early 2025.

Budget: $2,102,000
Division: Water
Project
Manager:

Dylan
Chimienti
Designer /
Engineer:

Carollo
Total Design
Contract:
$336,095
Expected Completion:

January 2025
Contractor: TBD
Funding: Water CIP Contract
Working
Days:

TBD
80%
Design R.O.W. Const.

6.6 Consent Page 14
Project Name Contacts Description Progress Update Project Budget Completion WT0055:

Highway 99
Water
Crossing at
Washington
Ave.

District(s): 4 Construction of a water
main under Highway 99
between Prosperity and
Cartmill.

This project has been
identified in the Water
Master Plan and is
needed to help loop the
system on the north side
of Tulare. This project
will need to occur with
development of Cartmill.

ROW:

Provost & Prichard
have finished plan
design.

Currently in ROW
acquisition with
properties west if
HWY 99.

Budget: $1,400,000
Division: Water
Construction
Estimate:

CO’s to Date:
$995,000
N/A
Project
Manager:

Michael
Powers
Designer /
Engineer:

Provost &
Pritchard
Total
Contract:

TBD
Expected Completion:

TBD
Contractor: TBD
Funding: Water DIF;
Water CIP
Contract
Working
Days:

TBD
85%
Design R.O.W. Const.

6.6 Consent Page 15
Project Name Contacts Description Progress Update Project Budget Completion EN0088:

Prosperity /
West Traffic
Signal
District(s): 1 & 2 Expansion project to
install a traffic signal at
the intersection of
Prosperity and West.

This includes ROW
acquisition to allow the
placement of facilities
at their ultimate
location. Includes ADA
concrete work, sewer
water, storm drain, and
TID facilities.

ROW:

The acquisition is now
complete and
pending finalization.

City staff is assisting
SCE on a required
easement with a
property owner for a
utility pole relocation.

Total Budget: $3,486,840
Division: Engineering
Construction
Estimate:
$3,295,446
Project
Manager:

Dylan
Chimienti CO’s to Date: N/A
Engineer: QK
Total
Contract:

TBD
Contractor: TBD
Contract
Working
Days:

TBD
Expected Completion
2025 Funding: Measure R,
Gas Tax, Water CIP,
Sewer CIP
100%
Design R.O.W. Const.

6.6 Consent Page 16
Project Name Contacts Description Progress Update Project Budget Completion EN0102: South
K St
Improvements
District(s): 3 This pavement
management system
project is on South K
Street between Olson
Avenue and Paige
Avenue. It includes
ADA concrete work.

Design:

City staff and the
Design Engineer
had a 30% design
review meeting on
11/22/24. 60%
plans and
specifications are
anticipated in early
2025.

Total Budget: $7,009,870
Division: Engineering
Construction
Contract Award: TBD
Project
Manager:

Bryan Cahill
CO’s to Date: N/A
Engineer: Peters
Engineering Total
Construction
Contract:

TBD
Contractor: TBD
Contract
Working Days: TBD
Expected Completion:

TBD Funding: Measure R
Local, Gas Tax (HUTA),
STBGP Funds,
Franchise Fee (Solid
Waste)
30%
Design R.O.W. Const.

6.6 Consent Page 17
Project Name Contacts Description Progress Update Project Budget Completion EN0092:

Pratt St. /
MeffordChoice Tracts
Improvements
District(s): 1 & 2 Pavement
management system
and utility project on
Pratt (Bardsley-Inyo),
Walter (Bardsley-Elm),
Oliver (Bardsley-Elm),
Cleveland (BardsleyElm), Victoria
(Bardsley-Elm), Elm
(Howard-D Street),
and “C” Street (ElmAlpine). Includes ADA
concrete work and
water, sewer and
storm drain facilities.

Construction:

Notice of
completion was
approved in
October 2024.

Budget: $8,728,466
Division: Engineering
Contract
Construction
Award:
$6,782,277
Project
Manager:

Dylan
Chimienti
CO’s to Date: $39864.44
(0.59%) Designer /
Engineer:

Provost &
Pritchard
Total
Construction
Contract:
$6,822,141.44 Contractor: DawsonMauldin,
LLC. Contract
Working
Days: 220
Expected Completion:

Completed October
Funding: Measure R, 2024
Gas Tax, CDBG, Gas Tax
(RMRA) SB1, Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
100%
Design R.O.W. Const.

6.6 Consent Page 18
Project Name Contacts Description Progress Update Project Budget Completion EN0093:

Prosperity & J
St. Intersection
Improvements
District(s): 2 & 4 CRISI Grant funded
project to add
protected left
movements for
E/bound & W/bound
traffic at Prosperity
and J Street, add a
pre-signal in advance
of the UPRR crossing,
and install ADA
compliant pedestrian
improvements.

Design:

Design and
coordination with
Union Pacific
Railroad is ongoing
Budget: $2,800,000
Division: Engineering
Construction
Estimate
(City Portion):
$700,000
Project
Manager:

Michael
Powers
CO’s to Date: N/A
Designer /
Engineer:

Peters
Engineering
Group Total
Contract:

TBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Contract
Working
Days:

TBD
Expected Completion:

TBD
85%
Design R.O.W. Const.

6.6 Consent Page 19
Project Name Contacts Description Progress Update Project Budget Completion FM0048:

Emergency
Homeless
Shelter
District(s): 3 Construct an emergency
homeless shelter facility
consisting of perimeter
fencing, parking, exterior
lighting, modular offices,
laundry, living quarters,
ADA restrooms, showers,
single-use restrooms,
showers, modular
classrooms, a food
pantry, storage
containers, dog kennels,
and 20,000 sf steel
building primary shelter
structure.

Construction:

Pacific Mobile
Structures is
constructing 16
modular living
quarters, with
expected delivery in
December 2024
Superior
Construction was
awarded the
Homeless Shelter
construction
contract on
9/17/2024.

Budget: $12,970,101
Division: Facility
Maintenance
Contract
Award:
$8,940,000
Project
Manager:

Bryan Cahill
CO’s to Date:

Designer /
Engineer:
4Creeks
Total
Contract:
$9,423,645
Contractor: Superior
Construction,
Prime
Contractor.

Pacific
Mobile
Structures,
Modular
Village Units
Funding: ARPA Federal
Grant, 601 General Fund,
County ARPA, Federal
Earmark, ERF Round 2
Grant, State Earmark.

Contract
Working
Days:
300 Expected Completion:

January 2026
5%
Design R.O.W. Const.

6.6 Consent Page 20
Project Name Contacts Description Progress Update Project Budget Completion EN0095:

Academy &
Apricot
Improvements
District(s): 4 Pavement Management
System / Utility project on
Apricot Ave. between
Gem St. and Blackstone
St.; Academy Ave.
between Gem St. and
Blackstone Ave.; Pine Dr.
between Academy Ave.
and Highland St.; E. La
Mesa Dr. between
Academy Ave. and
Blackstone St.; N. Gem St.
between San Joaquin Ave.
and Academy Ave.;
Highland St. between San
Joaquin Ave. and the
Santa Fe Trail; and
Olympic Ct. at Apricot
Ave. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.

Construction:

The contractor has
completed the water,
sewer, and storm
drain improvements
in phase 1. They are
currently working on
sidewalk, curb and
gutter, and other
concrete
improvements in
phase 1.

Budget: $12,741,517
Division: Engineering
Construction
Estimate:
$10,169,812
Project
Manager:

Dylan
Chimienti
Funding: Gas Tax
(RMRA/HUTA), Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
Total
Contract:
$9,931,583
Expected Completion:
2025
Contractor: DawsonMauldin LLCContract
Working
Days:
280
25%
Design R.O.W. Const.

6.6 Consent Page 21
Project Name Contacts Description Progress Update Project Budget Completion EN0098:

Various
Streets
Northeast of
Tulare Ave.
and Dayton
St. -
Improvements
District(s): 3 Pavement Management
System / Utility project on
Academy Ave. between
Dayton St. and Laspina St;
Stanley Dr. between Lane
St. and Academy Ave.; La
Mesa Ave. between
Dayton St. and Spruce St.;
Burton Ave. east of Lane
St.; Miracle Ct.; Dayton St.
between Tulare Ave. and
La Mesa Ave.; Lane St.
between Tulare Ave. and
Burton Ave.; and Canby St.
between Tulare Ave. and
the Santa Fe Trail.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Design:
100% Design
Meeting held on
7/13/2023.

City staff working
with Peters
Engineering group
specification
creation and final
bid package.

Budget: $6,807,467
Division: Engineering
Construction
Estimate:
$8,059,579
Project
Manager:

Bryan Cahill
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
CO’s to Date: N/A
Designer /
Engineer:

Peters
Engineering
Group Total
Contract:

TBD Expected Completion:

TBD
Contractor: TBD Contract
Working
Days:

TBD
100%
Design R.O.W. Const.

6.6 Consent Page 22
Project Name Contacts Description Progress Update Project Budget Completion EN0099:

Mt. View St.

Improvements
District(s): 5 Pavement Management
System / Utility project on
Tulare Ave./Cheryl Lane
Alley between Canby St.
and Mt. View St.; Cheryl
Lane at Laspina St.;
Academy Ave. between
Laspina St. and Mt. View
St.; Burton Ave. west of
Laspina to east of Mt.

View St.; Eastgate Ave.
west of Laspina St. to Mt.

View St.; Vineland Ave.
between Laspina St. and
Mt. View St.; and Fairwind
Ct. at Vineland Ave.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Design:
100% design and bid
specifications have
been completed.

Budget: $5,521,134
Division: Engineering
Construction
Estimate:
$7,037,839
Project
Manager:

Dylan
Chimienti CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
Total
Contract:

TBD Expected Completion:

TBD Contractor: TBD
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Streets CIP, Storm Drain
CIP
Contract
Working
Days:

TBD
100%
Design R.O.W. Const.

6.6 Consent Page 23
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Tulare-Kings County Regional Hazardous Materials Team MOU

RECOMMENDED ACTION
Authorize the City Manager to approve and sign the amendment and extension of the Memorandum of Understanding (MOU) between Tulare-Kings County Regional Hazardous Materials (RHM) Team and the City of Tulare for an additional five-year term, starting on July 1, 2024 and ending on June 30, 2029.

SUMMARY
The City of Tulare has been a participating member of the Tulare-Kings County RHM Team since 2019 when the initial MOU was approved by council. The RHM Team is a collective task force with the ability to provide rapid and effective emergency response within the Tulare-Kings County region for hazardous material incidents. The continued participation in this MOU is vital to ensure our city and fire department can mitigate an emergency of this type. Additionally, participation in this MOU keeps the City of Tulare in compliance with state and federal regulation regarding hazardous materials response and preparedness.

The City of Tulare Fire Department partners with several local manufacturing and production businesses.

These businesses have a higher probability of a hazardous materials incident which would require the RHM Team response to mitigate such an emergency. These local partners have graciously provided annual donations to help offset the annual RHM Team cost since 2019. These funds are deposited into account 001-3502-031 Miscellaneous HazMat when received.

FISCAL IMPACT & FUNDING SOURCES
Funds are appropriated and available in 001-4230-2018 Contractual Maintenance for this agreement.

LEGAL REVIEW
Legal counsel has reviewed and approved of the agreement.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Tulare-Kings County Regional Hazardous Materials Team MOU 2019

2. Tulare-Kings County Regional Hazardous Materials Team MOU Amendment & Extension 2024

3. Tulare-Kings County Regional Hazardous Materials Team Exhibit A, Cost Recovery Reviewed/Approved:

Item #: 6.7
Consent

6.7 Consent Page 1

6.7 Consent Page 2

6.7 Consent Page 3

6.7 Consent Page 4

6.7 Consent Page 5

6.7 Consent Page 6

6.7 Consent Page 7

6.7 Consent Page 8

6.7 Consent Page 9

6.7 Consent Page 10

6.7 Consent Page 11

6.7 Consent Page 12

6.7 Consent Page 13

6.7 Consent Page 14

6.7 Consent Page 15

6.7 Consent Page 16

6.7 Consent Page 17

6.7 Consent Page 18

6.7 Consent Page 19

6.7 Consent Page 20

6.7 Consent Page 21

6.7 Consent Page 22

6.7 Consent Page 23

6.7 Consent Page 24

6.7 Consent Page 25

6.7 Consent Page 26

6.7 Consent Page 27

6.7 Consent Page 28

6.7 Consent Page 29

6.7 Consent Page 30

6.7 Consent Page 31

6.7 Consent Page 32

6.7 Consent Page 33

6.7 Consent Page 34

6.7 Consent Page 35

6.7 Consent Page 36

6.7 Consent Page 37

6.7 Consent Page 38

6.7 Consent Page 39

6.7 Consent Page 40

6.7 Consent Page 41

6.7 Consent Page 42
Staff Report
Meeting: City Council
Date: January 7, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-01

RECOMMENDED ACTION
Adopt Ordinance 2025-01 adopting Zone Amendment No. 756 approving a Comprehensive Update to the City of Tulare’s Zoning Ordinance (Title 10 of the City of Tulare Municipal Code).

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

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

CHANGES OF NOTE
The Comprehensive Update proposes formatting changes to all chapters of the zoning code with text revisions being made to many chapters and wholesale re-writes of some chapters proposed. These changes are comprehensive and make it so that staff is unable to provide a redline version showing the changes that have been made. Below is a summary of some of the more substantial changes that staff would like to note. This is not a comprehensive list.
- Accessory Dwelling Unit (ADU) requirements – requirements relating to the construction of ADUs and JADUs updated to be consistent with state law.
- Reduction in Number of Residential Districts – the number of single-family residential and multifamily residential zones have been consolidated.

Item #: 6.8
Consent

6.8 Consent Page 1
- Planned Unit Development – chapter has been rewritten to make application and implementation more simple and clear.
- Mixed-Use Zone – chapter has been rewritten to make application and implementation more simple and clear and to allow in both commercial and multi-family zones. - Signs – chapter has been re-written.

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

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

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

PUBLIC COMMENTS:

Staff received a comment letter from Leadership Counsel for Justice and Accountability (LCJA) on behalf of the Matheny Tract Committee regarding the proposed Comprehensive Update. Due to timing, staff was unable to respond to the comments received prior to the City Council meeting of December 17, 2024.

However, during the public hearing at the City Council meeting a few Matheny Tract residents, and staff with LCJA expressed concerns raised in the letter and advocated for additional protective buffering measures whenever development in industrial zones is proposed adjacent to sensitive land uses such as residences, schools, etc.

ENVIRONMENTAL FINDINGS:

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

CITY COUNCIL APPROVAL
On December 17, 2024, the City Council voted 5-0 to Pass-to-Print Zone Amendment No. 756 adopting the Comprehensive Update to Title 10 of the City of Tulare Municipal Code with some minor revisions being made to the text of Title 10, addressing the concerns raised by LCJA. Those changes have been provided as part of the attachments included with this item.

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

ALTERNATIVE ACTION

1. Approve with Changes

2. Deny

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

ATTACHMENTS

1. CC Approved Revisions

2. Zoning Ordinance Revised

3. Proposed Zoning Map

6.8 Consent Page 2

4. Ordinance
Reviewed/Approved:

6.8 Consent Page 3
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 94 2024
B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.28.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.28.110 Usable open space.

There is no minimum requirement for usable open space.

10.28.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All setback areas visible from a public right-of-way, not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52.

C.D. Any new logistics use facility (warehouse or distribution center) within 250 feet of a sensitive receptor shall include landscape trees as solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized.

10.28.130 Screening, fences, and walls.

A. Fences and walls in the M-1 zone shall conform to the design standards provided in Section

10.50.040.

B. Fences, walls, and hedges in the M-1 zone shall conform to the following standards:

1. Where an industrially-zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

4. Razor wire, monitored electrified security fences, and similar security devices are only allowed on a permanent basis in the M-1 zone district with approval by the Director,

6.8 Consent Page 4
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 179 2024

10.50.100 Standards that apply in all Industrial zones.

The following guidelines apply to all development occurring within the M districts and are intended to facilitate high-quality development that complements the character of Tulare.

A. Site design.

1. For industrial complexes that include multiple buildings (such as an industrial campus), the placement of structures that create opportunities for plazas, courts, or gardens is encouraged. Setback areas may be used to provide space for employee lunch/break areas.

2. Where industrial uses are adjacent to non-industrial uses, buffering techniques such as setbacks, screening, and landscaping shall be provided to reduce/eliminate any negative impacts of industrial operations.

B. Parking and circulation. Important design considerations for parking and circulation include the location of ingress and egress points, on-site pedestrian and vehicle traffic circulation patterns, and service functions. The purpose is to ensure efficient circulation, safety, and visual quality.

1. Site access and internal circulation should be designed in a manner that emphasizes safety and efficiency. Consideration should be given to the separation of employee/customer parking and commercial vehicle operations (trucking, delivery, etc.).

2. Parking facilities shall be designed so that vehicles can move from one area to another on the same site without entering the street, and with an adequate amount of on-site parking to prevent trucks and other vehicles from parking or idling on public streets.

3. Separate vehicle and pedestrian circulation systems should be considered in the design of parking facilities. Pedestrian linkages between buildings in multi-structure industrial developments should be strongly emphasizedhall be implemented if applicable. To improve vehicle circulation, parking aisles, signs, and drive aisle pavement markings shall identify onsite circulation patterns and should be aligned with vehicle circulation routes.

4. Facilities shall be designed to provide Common common driveways are encouraged to provide access to adjacent sites and improve on-site circulation.

5. Parking driveways (access points) shall be located as far as possible from street intersections to avoid traffic problems. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

6. Parking lots shall be screened from adjoining streets by the use of low earth berms, walls, landscaping, or a combination of these methods.

7. Industrial sites shall be designed to accommodate all parking needs generated by the use.

The use of the public street for parking and, staging, and maintenance of trucks is not permitted. Signs shall be installed in adjacent residential areas noting that facility truck and employee parking and maintenance of trucks is prohibited in residential areas and public streets.

8. Parking lots shall be designed to accommodate solid waste pick-up service without excessive backing-up of service trucks.

6.8 Consent Page 5
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 180 2024

8.9.Facilities shall be designed to provide a separate entrance for heavy-duty trucks accessible via designated truck routes or major streets away from sensitive receptors and local residential streets.

C. Loading facilities.

1. Loading facilities shall be located out of sight of the public-of-way, to the extent possible.

Loading docks are most appropriately located at the rear of buildings, however when the rear of buildings is adjacent to noise-sensitive land uses, loading dock locations should be planned to minimize associated noise impacts on surrounding land uses .

2. Highly visible loading facilities shall be screened from view particularly if it is not possible to locate them at the rear of the building.

3. For industrial sites within 500 feet of sensitive receptors, heavy-duty trucks shall have a separate entrance accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.

4. Truck entry, exit, and internal circulation shall be located away from sensitive receptors.

Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.

5. Loading facilities shall be located so that vehicles are not required to use public streets backing into loading docks.

D. Building design.

1. Avoid long, blank building facades, particularly on walls visible from the public right-ofway. Facades with varied setbacks are encouraged. If possible, wall planes should not run in one continuous direction for more than 50 feet without an offset.

2. All elevations to a building should be architecturally treated to avoid monotonous overall design.

3. Window and doors are key elements of a structure's form and should relate to the scale of the facade on which they appear. Windows and doors can help establish character by their rhythm, spacing, and variety. Recessed openings further work to provide depth and contrast on elevation planes.

4. Metal buildings should be architecturally designed, providing variety and visual interest to the streetscape.

5. All roof-mounted equipment shall be screened from public view by materials similar to those used in the overall structure. Mechanical equipment should be located below the highest vertical element of the building.

6. Design elements that are undesirable and should be avoided include:
a. Highly reflective surfaces.
b. Large blank, unarticulated wall surfaces.
c. Exposed, treated block walls.
d. Poorly designed mansard roofs on a portion of the roofline. e. Materials with high maintenance requirements, such as stained wood or shingles.

6.8 Consent Page 6
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 323 2024
the City Council, which shall be vested with the final decision-making powers pertaining to the project.

10.70.080 Environmental review.

All discretionary applications will be reviewed by the Director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.

10.70.090 Hearings.

A public hearing is a noticed session before the Planning Commission, City Council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on discretionary applications regulated by this title.

10.70.100 Notice requirements.

Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.

A. A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than 10 days before the date of the public hearing.

B. A notice of public hearing shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant and to owners of property within a radius of 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted County tax roll. Notice shall also be mailed to interested persons who have filed a written request for notification with the Director.

C. In the event that the number of owners of property to whom notice may be sent pursuant to subsection B of this section would result in more than 1,000 notices, notice may alternatively be given at least 10 days prior to the hearing by either of the following procedures:

1. By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.

2. By placing a written notice with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services.

D. In addition, not less than twenty days but not more than sixty days prior to the hearing on any general plan amendment, specific plan, zone change, or conditional use permit, the applicant shall post signs on the property indicating the date, time, and place of the hearing on the proposed general plan amendment, specific plan, zone change, or conditional use permit.

1. One sign shall be posted for every three hundred feet of street frontage, or portion thereof, with a maximum of two signs per street frontage. If no portion of the property fronts an existing public street, at least one sign shall be posted on the property nearest the point of legal access from a public street or as otherwise directed by the Director.

2. For general plan amendment, specific plan, zone change, and conditional use permit on an

6.8 Consent Page 7
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 324 2024
undeveloped site, the size of the signs shall be eight feet wide by four feet high.

3. For a conditional use permit on a developed site in all nonresidential zones, the size of the signs shall be four feet wide by four feet high. The signs shall be posted along the street frontage, but not in the public right-of-way. Alternatively, a smaller sign (e.g., eleven inches by seventeen inches), at the discretion of the Director, shall be placed in the window of the facility where the activity will occur.

4. The applicant shall file with the planning department, on a form provided by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty of perjury, that the property has been posted according to the requirements of this section.

5. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the planning department within five days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted.

6. The applicant shall remove all signs posted pursuant to this section within ten days after final city action on the general plan amendment, specific plan, zone change, or conditional use permit. Should the applicant withdraw their application for a general plan amendment, specific plan, zone change, or conditional use permit, all signs posted shall be removed within ten days of the withdrawing of the application.

7. Should the applicant fail to remove any sign within the specified time, the city may remove any such sign and the costs thereof shall be borne by the applicant.

10.70.110 Notice wording.

Public notice of hearings shall begin with the words similar to “Notice of Proposed Change of Zone District” or “Notice of Proposed Variance” or “Notice of Proposed Conditional Use Permit,” as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.

10.70.120 Hearing rules and procedures.

Public hearings before the City Council and the Planning Commission shall be conducted in accordance with Chapter 10.70.

10.70.130 Continuation of hearing.

If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.

6.8 Consent Page 8
Zoning Ordinance
City of Tulare
Public Draft
October 2024

6.8 Consent Page 9
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft i 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 11
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft iii 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 12
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft iv 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 13
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft v 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10.28.140 Signs. ......................................................................................................... 95

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 14
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft vi 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 15
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft vii 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 16
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft viii 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 17
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft ix 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10.50.100 Standards that apply in all Industrial zones. ........................................... 179 Chapter 10.52 LANDSCAPE STANDARDS ......................................................................... 183

10.52.010 Purpose. ................................................................................................... 183

10.52.020 Objectives. .............................................................................................. 185

10.52.030 Definitions............................................................................................... 185

10.52.040 Applicability. .......................................................................................... 191

10.52.050 Designation of responsibilities. ............................................................... 192

10.52.060 Compliance with Landscape Documentation Package. .......................... 192

10.52.070 Penalties. ................................................................................................. 192

10.52.080 Elements of the Landscape Documentation Package. ............................ 193

10.52.090 Water Efficient Landscape Worksheet ................................................... 195

10.52.100 Soil Management Report. ....................................................................... 195

10.52.110 Landscape design plan. ........................................................................... 196

10.52.120 Irrigation design plan. ............................................................................. 199

10.52.130 Grading design plan. ............................................................................... 202

10.52.140 Certificate of Completion. ...................................................................... 203

10.52.150 Development standards. .......................................................................... 204

10.52.160 Irrigation scheduling. .............................................................................. 207

10.52.170 Landscape and irrigation maintenance scheduling. ................................ 208

10.52.180 Irrigation audit, irrigation survey, and irrigation water use analysis. ..... 209

10.52.190 Irrigation efficiency. ............................................................................... 209

10.52.200 Recycled water and graywater systems. ................................................. 209

10.52.210 Stormwater management and rainwater retention. ................................. 209

10.52.220 Public education. ..................................................................................... 210

10.52.230 Environmental review. ............................................................................ 211

10.52.240 Provisions for existing landscapes. ......................................................... 211

10.52.250 Existing landscape areas. ........................................................................ 211

10.52.260 Water waste prevention........................................................................... 211

10.52.270 Effective precipitation. ............................................................................ 211

10.52.280 Appendices. ............................................................................................. 212

6.8 Consent Page 18
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft x 2024

10.52.290 Enforcement and penalties. ..................................................................... 212 Chapter 10.54 PARKING AND LOADING STANDARDS ................................................. 213

10.54.010 Purpose. ................................................................................................... 213

10.54.020 Application. ............................................................................................. 214

10.54.030 General location and use of parking areas. ............................................. 214

10.54.040 Number of parking spaces required. ....................................................... 214

10.54.050 Exceptions to required number of spaces. .............................................. 219

10.54.060 Joint use of parking. ................................................................................ 219

10.54.070 Director modification. ............................................................................. 219

10.54.080 Location of parking spaces. .................................................................... 220

10.54.090 Standards for off-street parking facilities. .............................................. 220

10.54.100 Parking dimensions. ................................................................................ 221

10.54.110 Off-street loading facilities required. ...................................................... 222

10.54.120 Standards for off-street loading facilities. ............................................... 222

10.54.130 Replacement of off-street parking and off-street loading facilities. ....... 223

10.54.140 Landscaping of parking areas. ................................................................ 223

10.54.150 Parking for bicycle and low-emission vehicles. ..................................... 223

10.54.160 Garage conversions of required parking to living space. ........................ 223

10.54.170 Unimproved lots...................................................................................... 223 Chapter 10.56 SIGNS AND OUTDOOR ADVERTISING STRUCTURES ....................... 224

10.56.010 Purpose. ................................................................................................... 225

10.56.020 Applicability and severability. ................................................................ 225

10.56.030 No discrimination against non-commercial speech. ............................... 225

10.56.040 Exempt signs. .......................................................................................... 226

10.56.050 Prohibited signs. ...................................................................................... 227

10.56.060 Permits required. ..................................................................................... 228

10.56.070 Sign design principles. ............................................................................ 228

10.56.080 Rules for sign measurement. ................................................................... 229

10.56.090 Sign standards on developed sites by zone district. ................................ 232

10.56.100 Mixed-Use Overlay zone. ....................................................................... 242

10.56.110 Freeway-Oriented Signs.......................................................................... 244

10.56.120 Pole signs. ............................................................................................... 245

10.56.130 Additional shopping center signs. ........................................................... 245

10.56.140 Temporary building sign standards. ........................................................ 247

10.56.150 Temporary freestanding sign standards. ................................................. 247

10.56.160 Illumination standards for signs. ............................................................. 248

10.56.170 Sign regulations on undeveloped or developing sites. ............................ 249

10.56.180 Signs placed in windows. ........................................................................ 249

10.56.190 Signs in public right-of-way. .................................................................. 249

10.56.200 Comprehensive master sign programs. ................................................... 250

10.56.210 Offsite temporary signs for residential subdivisions. ............................. 251

10.56.220 Historic signs. ......................................................................................... 251

10.56.230 Signs with manual changeable copy. ...................................................... 251

10.56.240 Signs with electronic changeable copy. .................................................. 252

10.56.250 Digital display signs. ............................................................................... 252

6.8 Consent Page 19
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xi 2024

10.56.260 Flags and flagpoles. ................................................................................ 253

10.56.270 Search lights and klieg lights. ................................................................. 253

10.56.280 Wall murals. ............................................................................................ 253

10.56.290 Off-premises signs in City right-of-way. ................................................ 255

10.56.300 Non-conforming signs. ........................................................................... 255

10.56.310 Billboards. ............................................................................................... 256

10.56.320 Maintenance of signs. ............................................................................. 257

10.56.330 Hazardous signs. ..................................................................................... 257

10.56.340 Abandoned or obsolete signs. ................................................................. 257

10.56.350 Illegal Signs. ........................................................................................... 257

10.56.360 Enforcement. ........................................................................................... 257

10.56.370 Definitions............................................................................................... 258 Chapter 10.58 SIDEWALK VENDING AND STATIONARY MOBILE VENDORS ...... 263

10.58.010 Purposes. ................................................................................................. 263

10.58.020 Definitions............................................................................................... 263

10.58.030 Permit required........................................................................................ 265

10.58.040 Vending on private property. .................................................................. 265

10.58.050 Sidewalk vending requirements. ............................................................. 265

10.58.060 Specific requirements for roaming sidewalk vendors. ............................ 267

10.58.070 Specific requirements for stationary sidewalk vendors and stationary mobile vendors. ....................................................................................... 268

10.58.080 Permit process. ........................................................................................ 268

10.58.090 Special limitations. .................................................................................. 269

10.58.100 Insurance or bond requirements. ............................................................. 270

10.58.110 Permit revocation. ................................................................................... 270

10.58.120 Appeal process. ....................................................................................... 270

10.58.130 Term. ....................................................................................................... 270

10.58.140 Enforcement. ........................................................................................... 270

10.58.150 Penalty..................................................................................................... 270

10.58.160 Severance clause. .................................................................................... 270 Chapter 10.60 SPECIFIC LAND USE STANDARDS .......................................................... 272

10.60.010 Purpose. ................................................................................................... 272

10.60.020 Applicability. .......................................................................................... 272

10.60.030 Accessory dwelling units. ....................................................................... 273

10.60.040 Accessory dwelling units, junior............................................................. 274

10.60.050 Alcoholic beverages, on-sale and off-sale .............................................. 274

10.60.060 Animals ................................................................................................... 274

10.60.070 Bed and breakfast inns. ........................................................................... 275

10.60.080 Cottage food operations. ......................................................................... 275

10.60.090 Drive-thru pick-up windows. .................................................................. 275

10.60.100 Emergency shelter. .................................................................................. 276

10.60.110 Garage or yard sales. ............................................................................... 276

10.60.120 Manufactured housing. ........................................................................... 277

10.60.130 Mobile home and Manufactured home parks. ........................................ 277

10.60.140 Modular structures. ................................................................................. 280

6.8 Consent Page 20
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xii 2024

10.60.150 Outdoor assemblies. ................................................................................ 281

10.60.160 Outdoor dining areas. .............................................................................. 282

10.60.170 Outdoor sale of merchandise. ................................................................. 285

10.60.180 Commercial or industrial outdoor storage areas. .................................... 287

10.60.190 Recycling collection facilities. ................................................................ 287

10.60.200 Sale of new and used automobiles and trucks. ....................................... 287

10.60.210 Sale of vehicle fuel.................................................................................. 287

10.60.220 Shipping containers. ................................................................................ 288

10.60.230 Swimming pools. .................................................................................... 289

10.60.240 Vending machines. .................................................................................. 289

10.60.250 Wireless Communication Facilities and Towers. ................................... 290

10.60.260 Adult entertainment establishments. ....................................................... 290 Chapter 10.62 ADULT ENTERTAINMENT ESTABLISHMENTS ................................... 291

10.62.010 Purpose and intent. .................................................................................. 291

10.62.020 Definitions............................................................................................... 292

10.62.030 Establishment and classification of businesses regulated. ...................... 296

10.62.040 Measurement of distance. ....................................................................... 296

10.62.050 Location of sexually oriented business. .................................................. 296

10.62.060 Non-conforming uses. ............................................................................. 296

10.62.070 Injunction. ............................................................................................... 297

10.62.080 Exception for certain nude modeling. ..................................................... 297 Chapter 10.64 RIGHT TO FARM .......................................................................................... 298

10.64.010 Purpose. ................................................................................................... 298

10.64.020 Objectives. .............................................................................................. 298

10.64.030 Definitions............................................................................................... 298

10.64.040 Nuisance. ................................................................................................. 299

10.64.050 Disclosure statement. .............................................................................. 299

10.64.060 Responsibility. ........................................................................................ 299 Chapter 10.66 FARMLAND MITIGATION ......................................................................... 300

10.66.010 Title. ........................................................................................................ 300

10.66.020 Purpose and intent. .................................................................................. 300

10.66.030 Objectives. .............................................................................................. 300

10.66.040 Definitions............................................................................................... 300

10.66.050 Mitigation obligation. ............................................................................. 302

10.66.060 Optional mitigation alternatives. ............................................................. 303

10.66.070 Requirements for mitigation land and agricultural conservation easements. ................................................................................................................. 305

10.66.080 Requirements for qualified entities. ........................................................ 307

10.66.090 Approval and completion. ....................................................................... 308

10.66.100 Miscellaneous. ........................................................................................ 309 Chapter 10.68 WIRELESS COMMUNICATION FACILITIES AND TOWERS ............ 310

10.68.010 Purpose and application. ......................................................................... 310

10.68.020 Definitions............................................................................................... 310

6.8 Consent Page 21
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xiii 2024

10.68.030 Principle or accessory use. ...................................................................... 312

10.68.040 Measurement. .......................................................................................... 312

10.68.050 Effect on non-conforming uses. .............................................................. 312

10.68.060 General standards. ................................................................................... 312

10.68.070 Co-location of facilities........................................................................... 313

10.68.080 Exemptions. ............................................................................................ 313

10.68.090 Permitted and conditional uses. .............................................................. 314

10.68.100 Application process. ................................................................................ 315

10.68.110 Review criteria. ....................................................................................... 316

10.68.120 Federal and State regulations. ................................................................. 318

10.68.130 Building codes and safety standards. ...................................................... 318

10.68.140 Appeals. .................................................................................................. 318

10.68.150 Removal of abandoned antennas, towers, supporting equipment, and structures. ................................................................................................ 318 Chapter 10.70 PERMITS AND APPLICATIONS ................................................................ 320

10.70.010 Permit application and review. ............................................................... 320

10.70.020 Application form and submittal items..................................................... 320

10.70.030 Authority to file an application. .............................................................. 321

10.70.040 Applications acceptability of signatures. ................................................ 321

10.70.050 Application filing and numbering. .......................................................... 321

10.70.060 Application withdrawal. .......................................................................... 321

10.70.070 Decision processes for planning applications. ........................................ 321

10.70.080 Environmental review. ............................................................................ 323

10.70.090 Hearings. ................................................................................................. 323

10.70.100 Notice requirements. ............................................................................... 323

10.70.110 Notice wording........................................................................................ 324

10.70.120 Hearing rules and procedures.................................................................. 324

10.70.130 Continuation of hearing. ......................................................................... 324

10.70.140 Testimony at hearing............................................................................... 325

10.70.150 Planning Commission recommendation. ................................................ 325

10.70.160 Review authority decision....................................................................... 325

10.70.170 Notice of decision. .................................................................................. 325

10.70.180 Effective date of decision........................................................................ 325

10.70.190 Refiling of a denied application. ............................................................. 325

10.70.200 Appeals. .................................................................................................. 325

10.70.210 Change of ownership. ............................................................................. 326

10.70.220 Subsequent permits. ................................................................................ 326

10.70.230 Suspension and revocation of approved permit. ..................................... 326

10.70.240 Expiration of approved permit. ............................................................... 326

10.70.250 Extension of expiration date of approved permit. ................................... 327

10.70.260 Succession to a county permit upon annexation. .................................... 327

10.70.270 Minor adjustment to approved permit. .................................................... 327

10.70.280 Amendment to approved permit. ............................................................ 327 Chapter 10.72 SITE PLAN REVIEW ..................................................................................... 328

10.72.010 Purpose. ................................................................................................... 328

6.8 Consent Page 22
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xiv 2024

10.72.020 Applicability. .......................................................................................... 328

10.72.030 Exemptions. ............................................................................................ 329

10.72.040 Site plan application contents. ................................................................ 329

10.72.050 Site Plan Review Committee. ................................................................. 330

10.72.060 Administration of site plan approval....................................................... 330

10.72.070 Action of the Site Plan Review Committee. ........................................... 330

10.72.080 Appeals to the Planning Commission. .................................................... 331

10.72.090 Site plan permit issuance. ....................................................................... 331

10.72.100 Required improvements. ......................................................................... 332

10.72.110 Building Permit. ...................................................................................... 332

10.72.120 Lapse of site plan review approval. ........................................................ 332

10.72.130 Revocation. ............................................................................................. 333

10.72.140 Site plan to run with the land. ................................................................. 333 Chapter 10.74 ADMINISTRATIVE USE PERMITS ........................................................... 334

10.74.010 Purpose. ................................................................................................... 334

10.74.020 Applicability. .......................................................................................... 334

10.74.030 Application procedure. ............................................................................ 334

10.74.040 Findings................................................................................................... 334

10.74.050 Appeals. .................................................................................................. 334

10.74.060 Life of permits and extensions of time. .................................................. 335

10.74.070 Revocation. ............................................................................................. 335 Chapter 10.76 TEMPORARY USE PERMITS ..................................................................... 336

10.76.010 Purpose. ................................................................................................... 336

10.76.020 Temporary uses exempt from permit requirements. ............................... 336

10.76.030 Temporary use permit required. .............................................................. 337

10.76.040 Development standards. .......................................................................... 337

10.76.050 Temporary improvements on a site......................................................... 337

10.76.060 Findings................................................................................................... 338

10.76.070 Conditions. .............................................................................................. 338 Chapter 10.78 HOME OCCUPATION PERMITS ............................................................... 339

10.78.010 Purpose. ................................................................................................... 339

10.78.020 Application. ............................................................................................. 339

10.78.030 Prohibited home occupation uses............................................................ 339

10.78.040 Operating standards. ............................................................................... 340

10.78.050 Issuance of Home Occupation Permit..................................................... 341

10.78.060 No transferability. ................................................................................... 341

10.78.070 Revocation. ............................................................................................. 341 Chapter 10.80 CONDITIONAL USE PERMITS .................................................................. 343

10.80.010 Purpose. ................................................................................................... 343

10.80.020 Application procedure. ............................................................................ 343

10.80.030 Findings................................................................................................... 343

10.80.040 Conditions of approval. ........................................................................... 344

10.80.050 Notice of decision. .................................................................................. 344

6.8 Consent Page 23
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xv 2024

10.80.060 Appeals. .................................................................................................. 344

10.80.070 Amendments. .......................................................................................... 344

10.80.080 Life of permits and extensions of time. .................................................. 344

10.80.090 Revocation. ............................................................................................. 344 Chapter 10.82 DENSITY BONUS ........................................................................................... 345

10.82.010 Purpose of chapter................................................................................... 345

10.82.020 Eligibility for bonus, incentives, or concessions. ................................... 345

10.82.030 Allowed density bonuses. ....................................................................... 346

10.82.040 Allowed incentives or concessions. ........................................................ 350

10.82.050 Effect on non-conforming uses. .............................................................. 352

10.82.060 Bonus and incentives for developments with childcare facilities. .......... 352

10.82.070 Continued availability. ............................................................................ 353

10.82.080 Location and type of designated units. ................................................... 353

10.82.090 Density bonus agreement. ....................................................................... 353

10.82.100 Control of resale. ..................................................................................... 355

10.82.110 Judicial relief, waiver of standards. ........................................................ 356 Chapter 10.84 VARIANCES AND MINOR DEVIATIONS ................................................ 357

10.84.010 Purpose. ................................................................................................... 357

10.84.020 Prohibited variances or minor deviations. .............................................. 357

10.84.030 Application procedure. ............................................................................ 357

10.84.040 Minor deviation findings......................................................................... 357

10.84.050 Variance findings. ................................................................................... 358

10.84.060 Notice of decision. .................................................................................. 358

10.84.070 Appeals. .................................................................................................. 358

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

10.84.090 Revocation. ............................................................................................. 359 Chapter 10.86 ZONING ORDINANCE AMENDMENTS ................................................... 360

10.86.010 Purpose. ................................................................................................... 360

10.86.020 Application procedure. ............................................................................ 360

10.86.030 Findings................................................................................................... 360

10.86.040 Notice of decision. .................................................................................. 361

10.86.050 Appeals. .................................................................................................. 361

10.86.060 Life of permits and extensions of time. .................................................. 361

10.86.070 Revocation. ............................................................................................. 361

10.86.080 Urgency zoning ordinance amendments. ................................................ 361

10.86.090 Pre-zoning. .............................................................................................. 362 Chapter 10.88 GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS .................... 363

10.88.010 Purpose. ................................................................................................... 363

10.88.020 Application process. ................................................................................ 363

10.88.030 Findings................................................................................................... 363

10.88.040 Notice of decision. .................................................................................. 364

10.88.050 Appeals. .................................................................................................. 364

10.88.060 Life of permits and extensions of time. .................................................. 364

6.8 Consent Page 24
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xvi 2024

10.88.070 Revocation. ............................................................................................. 364 Chapter 10.89 DEVELOPMENT AGREEMENTS .............................................................. 365

10.89.010 Purpose. ................................................................................................... 365

10.89.020 Objective. ................................................................................................ 365

10.89.030 Definitions............................................................................................... 365

10.89.040 Development agreement requirements. .................................................. 365

10.89.050 Development agreement contents. .......................................................... 366

10.89.060 Application. ............................................................................................. 366

10.89.070 Hearings and notice................................................................................. 366

10.89.080 Report and findings. ................................................................................ 366

10.89.090 Action of City Council. ........................................................................... 366

10.89.100 Initiation of amendment or cancellation. ................................................ 366

10.89.110 Recordation of development agreement. ................................................ 367

10.89.120 Review of development agreement. ........................................................ 367 Chapter 10.90 NON-CONFORMING USES, STRUCTURES, AND LOTS ...................... 368

10.90.010 Purpose. ................................................................................................... 368

10.90.020 Applicability. .......................................................................................... 368

10.90.030 Non-conforming uses. ............................................................................. 368

10.90.040 Non-conforming structures. .................................................................... 369

10.90.050 Non-conforming lots. .............................................................................. 370

10.90.060 Removal of certain non-conforming uses and structures. ....................... 370

10.90.070 Effect of eminent domain........................................................................ 370

10.90.080 Exceptions. .............................................................................................. 370 Chapter 10.92 REASONABLE ACCOMMODATION ........................................................ 372

10.92.010 Purpose. ................................................................................................... 372

10.92.020 Definitions............................................................................................... 372

10.92.030 Reasonable accommodation request. ...................................................... 373

10.92.040 Notice to the public of availability of accommodation process. ............. 373

10.92.050 Requesting reasonable accommodation. ................................................. 373

10.92.060 Medical information................................................................................ 373

10.92.070 Application requirements. ....................................................................... 373

10.92.080 Jurisdiction. ............................................................................................. 374

10.92.090 Findings for reasonable accommodation. ............................................... 375

10.92.100 Appeals. .................................................................................................. 375

10.92.110 Fee. .......................................................................................................... 375

10.92.120 Stay of enforcement. ............................................................................... 375 Chapter 10.94 ANNEXATIONS .............................................................................................. 376

10.94.010 Purpose. ................................................................................................... 376

10.94.020 General Provisions. ................................................................................. 376

10.94.030 Applications. ........................................................................................... 377

10.94.040 Annexation agreements. .......................................................................... 378

10.94.050 Proposed zoning. ..................................................................................... 379

10.94.060 Petitions................................................................................................... 379

6.8 Consent Page 25
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft xvii 2024

10.94.070 Planning Commission duties................................................................... 380

10.94.080 City Council duties. ................................................................................ 380

10.94.090 Tulare County Local Agency Formation Commission (LAFCO). ......... 381

10.94.100 Taxation authorization. ........................................................................... 381 Chapter 10.96 DEFINITION OF LAND USES ..................................................................... 382

10.96.010 Purpose. ................................................................................................... 382

10.96.020 Land use definitions. ............................................................................... 382 Chapter 10.98 DEFINITION OF TERMS ............................................................................. 402

10.98.010 Applicability. .......................................................................................... 402

10.98.020 Definition of terms. ................................................................................. 402

6.8 Consent Page 26
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 1 2024
Chapter 10.02

GENERAL PROVISIONS
Sections:

10.02.010 Adoption.

10.02.020 Purposes and objectives.

10.02.030 Short title.

10.02.040 Components.

10.02.050 Authority.

10.02.060 Relationship to the General Plan.

10.02.070 Relationship to specific plans.

10.02.080 Relationship to design guidelines.

10.02.090 Relationship to other titles of the Municipal Code.

10.02.100 Conflict between other regulations.

10.02.110 Application.

10.02.120 Enforcement.

10.02.130 Issuance of permits, certificates, and licenses.

10.02.010 Adoption.

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

10.20.020 Purposes and objectives.

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

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

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

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

D. Maintain and protect the value of property.

E. Promote a safe and effective traffic circulation system.

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

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

6.8 Consent Page 27
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 2 2024
H. Permit the development of residential, office, commercial, and industrial land uses in accordance with the General Plan to strengthen Tulare’s economic base.

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

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

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

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

10.02.030 Short title.

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

10.02.040 Components.

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

10.02.050 Authority.

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

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

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

10.02.060 Relationship to the General Plan.

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

6.8 Consent Page 28
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 3 2024
found that the General Plan is in error or need of change. In this situation, the General Plan must also be amended to maintain consistency between the General Plan and the zoning ordinance.

10.02.070 Relationship to specific plans.

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

10.02.080 Relationship to design guidelines.

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

10.02.090 Relationship to other titles of the Municipal Code.

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

10.02.100 Conflict between other regulations.

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

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

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

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

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

6.8 Consent Page 29
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 4 2024

10.02.110 Application.

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

A. Public streets and alleys.

B. Railroad rights-of-way.

10.02.120 Enforcement.

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

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

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

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

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

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

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

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

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

6.8 Consent Page 30
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 5 2024
shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished by:

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

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

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

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

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

10.02.130 Issuance of permits, certificates, and licenses.

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

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

6.8 Consent Page 31
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 6 2024
Chapter 10.04

CONSTRUCTION AND TERMINOLOGY
Sections:

10.04.010 Construction.

10.04.020 General terminology of persons and entities.

10.04.030 Rules of interpretation.

10.04.040 Rules of measurement.

10.04.010 Construction.

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

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

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

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

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

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

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

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

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

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

6.8 Consent Page 32
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 7 2024

10.04.020 General terminology of persons and entities.

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

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

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

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

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

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

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

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

10.04.030 Rules of interpretation.

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

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

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

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

10.04.040 Rules of measurement.

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

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

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

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

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

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

6.8 Consent Page 33
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 8 2024
G. Where there is a grade difference on either side of a fence or wall, the height of the fence or wall shall be measured on the higher side.

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

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

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

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

6.8 Consent Page 34
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 9 2024
Chapter 10.06

ZONE DISTRICTS AND ZONING MAP
Sections:

10.06.010 Purpose.

10.06.020 Applicability.

10.06.030 Establishment of zone districts.

10.06.040 Establishment of Zoning Map.

10.06.050 Interpretation of zone boundary lines.

10.06.060 Zone changes.

10.06.070 Prezoning.

10.06.080 Right-of-way abandonment.

10.06.010 Purpose.

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

10.06.020 Applicability.

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

10.06.030 Establishment of zone districts.

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

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

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

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

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

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

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

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

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

6.8 Consent Page 35
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 10 2024

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

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

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

11. Heavy Industrial zone, abbreviated as M-2.

12. Public Lands zone, abbreviated as PL.

13. Parks and Recreation zone, abbreviated as PR.

14. Agricultural/Open Space zone, abbreviated as A.

C. The overlay zoning districts are hereby established as follows:

1. Historic Site and Historic Neighborhood Overlay zone, abbreviated as H.

2. Planned Unit Development Overlay zone, abbreviated as PD.

3. Downtown Design Overlay zone, abbreviated as D.

4. Airport Overlay zone, abbreviated as AP.

5. Mixed-Use Overlay zone, abbreviated as MU.

10.06.040 Establishment of Zoning Map.

A. To ensure that comprehensive zoning regulations may be applied uniformly to all incorporated territories upon adoption of this title, a Zoning Map is hereby established to delineate the location and boundaries of zone districts within the City. The Zoning Map is incorporated into this title by this reference with the same force and effect as if the boundaries, together with any notations, references, and information shown on the Zoning Map, were specifically stated and described in this title.

B. The Zoning Map, together with such additional maps as may be adopted in accordance with the provisions of this title, shall be collectively known as the “City of Tulare Zoning Map.” C. The official copy of the Zoning Map shall be kept, maintained, and made available to the public by the Tulare Community Development Department. The Zoning Map may be maintained in hard copy and/or electronic formats.

D. All property within the incorporated territory shall be delineated within a zoning district on the Zoning Map.

E. The location of zoning districts on the Zoning Map shall be consistent with the applicable policies and land use designations set forth in the General Plan.

10.06.050 Interpretation of zone boundary lines.

Whenever any uncertainty exists as to the boundary line between two zoning districts shown on the Zoning Map, the following interpretations shall control:

A. Where a zoning boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel, or other watercourse, the center line of such street, alley, railroad right-ofway, drainage channel, or other watercourse shall be the boundary line.

B. Where a zoning boundary line is indicated as following a lot line or property line, the boundary line shall be construed as following such lot line or property line.

6.8 Consent Page 36
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 11 2024
C. Where a zoning boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property line, the zoning boundary line shall be determined by the Director utilizing the scale designated on the Zoning Map.

D. Where further uncertainty exists, the Planning Commission, upon a written application from the owner of the property in question or upon its own motion, shall determine the location of the zoning boundary line in question, giving due consideration to the location indicated on the Zoning Map, the purposes and objectives of the zoning ordinance, and the applicable policies set forth in the General Plan.

10.06.060 Zone changes.

A. Changes to the Zoning Map shall be approved by the ordinance of the City Council in accordance with Chapter 10.86.

B. When the Director determines that there is a technical error on the Zoning Map, the Zoning Map may be corrected to remove the technical error without the approval of an ordinance.

10.06.070 Prezoning.

Territories proposed for annexation into the City shall be prezoned concurrent with the City Council initiation of annexation proceedings, in accordance with Chapter 10.86.

10.06.080 Right-of-way abandonment.

When a public street, alley, or railroad right-of-way is abandoned, the abandoned territory shall be immediately, and without any further action, included in the zoning district of the adjacent territory.

6.8 Consent Page 37
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 12 2024
Chapter 10.08

LAND USE TABLES
Sections:

10.08.010 Land use restriction.

10.08.020 Residential land use table.

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

10.08.040 Addition of a use to land use tables.

10.08.010 Land use restriction.

No structure, or any part thereof, shall be erected or enlarged, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title.

10.08.020 Residential land use table.

A. The following table identifies which land uses are permitted by right, require a conditional use permit, or are not allowed in the R-1, R-M, and R-H zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Residential Uses; Accessory and Support Uses; and Other Uses. The use of the word “or” can mean either or both uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

6.8 Consent Page 38
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 13 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
Residential Uses
1 Assisted living, skilled nursing, or hospice
facility (6 or fewer residents) P P P P P
2 Assisted living, skilled nursing, or hospice
facility (more than 6 residents) C C C P P
3 Bed and breakfast inn C C C C C 10.60.070
4 Boarding house or rooming house P
5 Emergency shelter P P
6 Employee housing, small (6 or fewer
employees) P P P P P
7 Employee housing, large (more than 6
employees) C C C C C
8 Hotel or motel C C
Only as part
of a mixeduse
development
9 Low Barrier Navigation Center P P
10 Manufactured home not within a mobile home
park, more than 10 years old P 10.60.120

6.8 Consent Page 39
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 14 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
11 Manufactured home not within a mobile home
park, less than 10 years old P P P 10.60.120
12 Mobile home or manufactured home park C C C C 10.60.130 13 Multi-family dwelling, 2 units per building
(duplex) P P
14 Multi-family dwelling, 3 or 4 units per
building (triplex or fourplex) P P
15 Multi-family dwelling, 5 or more units per
building P P
16 Recreational vehicle park C
17 Residential care facility, 6 or fewer residents P P P P P 18 Residential care facility, more than 6 residents C C C C C 19 Single-family dwelling, attached C C P P
20 Single-family dwelling, detached P P P C
21 Single-family dwelling or duplex that meets
the requirements of Government Code Section
65852.21 (SB 9)
P P P
22 Single-room occupancy (SRO) P P

6.8 Consent Page 40
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 15 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
23 Supportive housing P P P P P
24 Transitional housing P P P P P
Residential Accessory and Support Uses
30 Accessory dwelling unit P P P P P 10.60.030
31 Junior accessory dwelling unit P P P P P 10.60.040
32 Building ancillary to the main residential use P P P P P 33 Cottage food operation A A A A A 10.60.080
34 Expansion of existing non-conforming
residential use A A A A A
35 Home occupation A A A A A Chapter

10.78 36 Keeping of household pets P P P P P Title 6
Chapter 6.12
37 Raising of fruit, vegetables, and horticultural
specialties for personal use P P P P P
38 Temporary caretaker’s dwelling T T T T T

6.8 Consent Page 41
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 16 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
39 Temporary materials storage yard T T T T T
40 Temporary residential sales office T T T T T
41 Other accessory or ancillary use or structure
that the Director determines is customarily
associated with, and subordinate to, a primary
permitted use.

P P P P P
Other Uses
50 Assembly facility (e.g. meeting facilities,
churches, community centers) C C C C C
51 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines (Indoor) P P P P P
52 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines (Outdoor) P P P
53 Cannabis deliveries (Receiving) P P P P P
54 Community center or facility (5,000 square
feet or less) P P P P P
55 Community center or facility (over 5,000
square feet) C C C C C
56 Daycare, adult P P P P P
57 Daycare, small family P P P P P

6.8 Consent Page 42
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 17 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
58 Daycare, large family P P P P P
59 Daycare center C C C C C
60 Electrical transmission and distribution
substation, gas regulator station,
communications equipment building, public
service pumping station, or elevated pressure
tank

C C C C C
61 Golf Course C C
62 Kennel C
63 Mixed-Use C C 10.46
64 Mobile vendor or food truck
65 Outdoor Assembly C 10.60.150
66 Outdoor storage that is visible from a public
right-of-way
67 Park or playground P P P P P
68 School, private (kindergarten to 12th grade) C C C C C 69 School, public (kindergarten to 12th grade) P P P P P

6.8 Consent Page 43
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 18 2024
Table 10.08.020-1
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-1-20
R-1-12.5
R-1-4 &
R-1-6
R-M
R-H-14 &
R-H-20
70 School; charter, trade, vocational, art,
business, or professional
71 Self-storage facility or mini-warehouse
72 Storm drainage basin, with or without a park P P P P P 73 Land uses listed in the Commercial, Office,
and Industrial Zone Use Table (Section

10.08.030) that are not listed in this
Residential Zone Use Table

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

A. The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-1, C-2, C-3, C-4, M-1, M-2, PL, PR, and A zones.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education and Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified Section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

6.8 Consent Page 44
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 19 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Accessory and Support Uses
A1 Automated teller machine
(ATM) P P P P P P
A2 Caretaker residence or quarters C P P P P P P P P
A3 Cottage food operation A A A A 10.60.080
A4
Daycare primarily for children
of employees on the same site as
a permitted use

P P P P P P P P
A5
Drive-thru pick-up window
meeting all standards of

10.60.090
C C P P P C 10.60.090
A6
Drive-thru pick-up window not
meeting all standards of

10.60.090
C C C C C C 10.60.090
A7 Electric vehicle recharging
facility P P P P P P P P P
A8
Food service primarily for
employees on the same site as a
permitted use

P P P P P P P P P
A9 Home occupation A A A A A Chapter 10.78

6.8 Consent Page 45
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 20 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
A10 Keeping of household pets P P P P P Title 6
Chapter 6.12
A11 Mobile vendor or food truck C C C C C C C Title 5
Chapter 5.92
A13
Outdoor storage ancillary to and
on the same site as a permitted
use
P P P P P P 10.60.180
A14
Solar that is placed upon an
existing structure or carport with
energy produces only being used
for offset.

P P P P P P P P P
A15 Ground-mounted Solar energy
system, less than 10,000 sq. ft. C P P P P
A16 Ground-mounted Solar energy
system, more than 10,000 sq. ft. C C C
A17 Temporary materials and/or
equipment storage yard T T T T T T T
A18 Temporary outdoor sales
(including parking lot) T T T T T T T T T 10.60.170
A19 Vending machines P P P P P P P P P 10.60.240

6.8 Consent Page 46
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 21 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Eating and Drinking
Establishment Uses
B1 Artisan food and beverage
production and sales P P P P P P P
B2 Bar, nightclub, or lounge C C C C 10.60.050
B3 Brewpub C C C C C C 10.60.050
B4 Microbrewery C C C C C C 10.60.050
B5 Restaurant, full service P P P P C C
B6
Restaurant, limited service with
drive-thru pickup window
meeting all standards of

10.60.090
C P P P C C 10.60.090
B7 Restaurant, limited service with
drive-thru pickup window not
meeting all standards of

10.60.090
C C C C C C 10.60.090
B8
Restaurant, limited service
without drive-thru pickup
window P P P P C C

6.8 Consent Page 47
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 22 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Education and Assembly Uses
C1
Assembly facility (e.g., meeting
facilities, churches, community
centers)

C C C C C C C
C2
Auditorium or theater (live or
movie) capacity up to 2,500
persons

P P P P P P
C3
Auditorium or theater (live or
movie) capacity over 2,500
persons

C C C C P P
C4 Card room C C C
C5 Club, lodge, or private meeting
hall P P C P
C6 Carnival or circus T T T T T T T T T
C7 College or university, public or
private C C C C C C P
C8 Convention or conference center P P P C C C
C9 Funeral home or mortuary C C P
C10 Library, museum, or cultural
facility P P P P C C P C C

6.8 Consent Page 48
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 23 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
C11 Pool hall or billiard parlor C P P
C12 School, private (kindergarten to
12th grade) C P P C C
C13 School, public (kindergarten to
12th grade) P P P P P
C14
School; charter, trade,
vocational, art, business, or
professional

C P P P P C P
C15
Studio for martial arts, music,
dance, yoga, exercise,
gymnastics, or similar

P P P P P P P
Manufacturing and Processing
Uses
D1 Agricultural crop production C C A C P
D2
Agricultural products packing,
packaging, preparing, or
processing
C P P
D3 Animal raising A P
D4 Brewery, winery, or distillery C C C C C C C 10.60.050 D5 Hazardous waste facility

6.8 Consent Page 49
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 24 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
D6
Assembling, cleaning,
manufacturing, processing,
repairing or testing products
primarily outdoors. (Unless
otherwise listed)
C C
D7
Assembling, cleaning,
manufacturing, processing,
repairing or testing of products
primarily within an enclosed
structure. (Unless otherwise
listed)
C P P
D8 Drop forges C
D9
Explosives storage,
manufacturing, and processing,
including fireworks
C
D10 Fertilizer Manufacturing C
D11
Petroleum products
manufacturing, processing and
storage, including oils, gasoline,
paints, and tar
C
D12 Incinerators C
D13 Metal industries (ores reduction,
refining, smelting, and alloying) C

6.8 Consent Page 50
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 25 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
D14 Paper Mills C
D15 Textile Mills C
D16 Chemical Manufacturing C
D17 Rubber Manufacturing C
D18 Meat packing or slaughterhouse C
D19 Mining, quarry, or sand and
gravel excavation C C
D20 Research and development
facility P C P P P P P
Office and Medical Uses
E1 Call center P P P
E2 Communications broadcasting
or media studio P P P P P C
E3 Laboratory; general, medical, or
dental P P P P C P
E4 Hospital, general, or psychiatric C C C P

6.8 Consent Page 51
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 26 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
E5 Office; medical, dental, or
optometry P P P P
E6 Office; professional or
commercial P P P P
E7 Pharmacy P P P P
E8 Urgent care center or other
walk-in clinic P P P P
Public and Quasi-Public Uses
F1 Cemetery C
F2 Community center or facility P P P P P P
F3 Community garden P P P P A A P P P
F4
Electrical substation, gas
regulator station,
communications equipment
building, public service
pumping station, or elevated
pressure tank

C C C C C C P C C
F5 Fairgrounds C C C C P P C

6.8 Consent Page 52
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 27 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
F6 Government office; local, state,
or federal P P P P P P P P
F7 Post office P P P P P P P P
F8
Public corporation yard, utility
yard, or vehicle and heavy
equipment maintenance and
storage yard

C P P P C
F9 Public safety facility or station C C C P P P P
F10 Social service office, assistance
center, or guidance center P P P P P P P
F11 Storm drainage basin, with or
without a park P P P P P P P P P
F12 Wireless communication facility
(WCF) C C C C P P P C Chapter 10.68
Recreation Uses
G1 Athletic complex or ball field C C P P P
G2 Commercial recreation facility,
indoor C P P P C C
G3 Commercial recreation facility,
outdoor C P P C C C

6.8 Consent Page 53
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 28 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
G4 Golf course or country club C C C P C
G5 Health or fitness facility, large C P P C C
G6 Health or fitness facility, small P P P P P P
G7 Park or playground P P P P P P P
Residential Uses
H1 Assisted living, skilled nursing,
or hospice facility C C P
H2 Bed and breakfast inn C C C 10.60.070
H3 Boarding or rooming house C C
H4 Emergency shelter P P P
H5
Employee housing (including
farmworker housing), small (6
or fewer employees)
P P Chapter 10.14
H6
Employee housing, large
(including farmworker housing)
(more than 6 employees)
C P Chapter 10.14

6.8 Consent Page 54
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 29 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
H7 Hotel or motel C P P C
H8 Live/work facility P P P P C
H9 Low Barrier Navigation Center P P P
H10
Manufactured home not within a
mobile home park, more than 10
years old

10.60.120
H11
Manufactured home not within a
mobile home park, less than 10
years old
P P P 10.60.120
H12 Mobile home or manufactured
home park C 10.60.130
H13 Multi-family dwelling C C C
Only as part of
a mixed-use
development.

Chapter 10.16
or 10.18
H14 Recreational vehicle park C C
H15 Residential care facility, up to 6
persons
P P P

6.8 Consent Page 55
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 30 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
H16 Residential care facility, 7 or
more persons
C C P
H17
Residential dwelling located in
same building with office or
commercial use

C P P P
H18 Single-family dwelling, attached C
H19 Single-family dwelling,
detached P
H20 Single-room occupancy (SRO) P C
H21 Supportive housing C P P P
H22 Transitional housing P P P
Retail Uses
I1 Adult entertainment
establishment A A A Chapter 10.62
I2 Auction or sales house P P C C
I3 Auction or sales yard C C P C
I4 Automobile and pick-up sales,
new and used C P C C 10.60.200

6.8 Consent Page 56
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 31 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
I5 Automobile and pick-up sales,
used only C P C C 10.60.200
I6 Boat, recreational vehicle (RV),
and truck sales C C P C
I7 Building materials and supply or
home improvement store P P P P
I8 Convenience store, with or
without fuel sales P P P P P C 10.60.210
I9 Farm or construction equipment
sales or service C C P P C
I10 Farmers market A A A A A A A
I11 Feed and seed store C P P P C P
I12 Food market P P P P C C
I13 Food produce stand A A A A A A A A P
I14 Fuel sales, fleet or cardlock C P P P P C 10.60.210 I15 Fuel sales, retail C C C C C 10.60.210
I16 Garden shop P P P C C P

6.8 Consent Page 57
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 32 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
I17 Landscape nursery C P P P P P
I18 Liquor store C C C C C
I19 Manufactured home sales yard C C C
I20 News, magazine or flower stand,
outdoor P P P P P P A
I21 Pawn shop C C C
I22 Pet store P P P P
I23 Retail sales store, less than
10,000 square feet P P P P P
I24 Retail sales store, more than
10,000 square feet P P P P P P
I25 Retail sales solely via internet,
direct mail, or telephone P P P P P P
I26 Secondhand or thrift store P P P P
I27 Swap meet or flea market
(Outdoor) C C C C C
I28 Tobacco, smoke, or vape shop P P P P P

6.8 Consent Page 58
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 33 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
Service Uses
J1 Ambulance service C P C C C
J2 Bank or credit union P P P P P
J3 Barbershop, hair salon, nail
care, or day spa P P P P
J4 Massage Therapy A A A A
Title 5
Chapter 5.104
J5 Car wash, automatic or fullservice C P P P C
J6 Car wash, self-service C P P P
J7 Carpet cleaning P P P
J8 Construction materials recycling C
J9 Copy, printing, or mailing
service P P P P P P
J10 Crematorium C

6.8 Consent Page 59
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 34 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J11 Dry cleaning or laundromat P P P
J12 Equipment rental yard C P P P
J13 Exterminator or pest control
service C P P P
J14 Food catering C P P P P
J15 Fortune telling C C P
J16 Fuel distributing P P P
J17 Kennel or animal boarding C C C P C P P
J18 Linen, diaper, or uniform supply
service P P P
J19 Motor vehicle repair or service,
major C P P P
J20 Motor vehicle repair or service,
minor C P P P P
J21 Payday lenders or check cashing
establishment P P P P
J22 Pet grooming P P P P P P

6.8 Consent Page 60
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 35 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J23 Photography studio P P P P P P
J24 Recycling, small collection
facility (CRV only) P P P P P P P 10.60.190
J25 Recycling, large collection
facility C P P 10.60.190
J26 Recycling, processing, or
sorting facility C P
J27 Repair shop, large appliance or
equipment P P P
J28 Repair shop, small appliance or
equipment C P P P P P
J29 Shooting range, indoor C C P C
J30 Shooting range, outdoor C
J31 Specialty construction or trade
service P P P
J32 Tailoring or clothing alterations P P P P
J33 Tattooing or body art C C P P P C
J34 Veterinary clinic or office P P P P P P P

6.8 Consent Page 61
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 36 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
J35 Veterinary hospital C C P P P
Transportation and Storage
Uses
K1 Airport or heliport P C
K2 Bus, transit, or train station C P P P P
K3 Cold storage or ice house C P P
K4 Food locker C P P P
K5 Junk yard, wrecking yard, or
salvage facility C
K6 Mini-warehouse or self-storage
facility C P P
K7 Parking facility, off-site C C C C P P
K8 Truck stop or travel center C C C 10.60.210
K9 Trucking or transportation
terminal C C P
K10 Vehicle impound yard P P P P

6.8 Consent Page 62
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 37 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
K11 Warehouse or distribution center P P
Other Uses
L1 Cannabis Cultivation (Indoor)
L2 Cannabis Cultivation (Mixed
Light)
L3 Cannabis deliveries (Receiving) P P P P P P P P P Title 5 Chapter 5.96
L4 Cannabis distribution
L5 Cannabis laboratory testing
L6 Cannabis manufacturing
L7 Cannabis processing
L8 Cannabis product labeling
L9 Cannabis retail
P P Title 5
Chapter 5.96

6.8 Consent Page 63
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 38 2024
Table 10.08.030-1
Commercial, Industrial, Public, and Open Space Zone Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Commercial Zones Industrial, Public, and
Open Space Zones
Specific Land
Use
Standards
(See identified
Section)
C-1 C-2 C-3 C-4
M-1 M-2
PF
PR
A
L10 Daycare, adult P P P P C P
L11 Daycare, small family P P P P P
L12 Daycare, large family P P P P P
L13 Daycare center C P P P P P
L14
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that is permitted in the same
zone

P P P P P P P P P
L15
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that requires an administrative
use permit in the same zone

A A A A A A A A A
L16
Other uses not listed that are
determined by the Director to be
similar in nature to a listed use
that requires a conditional use
permit in the same zone

C C C C C C C C C

6.8 Consent Page 64
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 39 2024

10.08.040 Addition of a use to land use tables.

Upon an application or on its own initiative and pursuant to Chapter 10.86, the City Council may add a use to the land use tables established in this chapter if the Council makes all the following findings:

A. That the addition of the use to the land use table will be in accordance with the purposes of this title and of the zone district or districts in which the use will be permitted.

B. That the zone district or districts in which the use is to be permitted has similar basic characteristics as the present uses allowed in the district or districts.

C. That the use will not generate a noticeably greater amount of odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence or hazard than the amount normally created by any of the other uses permitted in the district or districts in which the use will be permitted.

D. That the establishment of the use in the zone district or districts in which it will be permitted will not be detrimental to the public health, safety, or welfare.

6.8 Consent Page 65
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 40 2024
Chapter 10.10

RURAL RESIDENTIAL ZONE
Sections:

10.10.010 Purpose and application.

10.10.020 Permitted uses.

10.10.030 Lot area.

10.10.040 Lot dimensions.

10.10.050 Dwelling units per lot.

10.10.060 Coverage.

10.10.070 Building setback areas.

10.10.080 Distance between structures.

10.10.090 Height of structures.

10.10.100 Driveways.

10.10.110 Accessory structures.

10.10.120 Other setback standards.

10.10.130 Off-street parking.

10.10.140 Usable open space.

10.10.150 Landscaping.

10.10.160 Screening, fences, and walls.

10.10.170 Signs.

10.10.180 General provisions and standards.

10.10.010 Purpose and application.

This chapter shall apply to all land within the Rural Residential (R-1-20) zone. The purpose of the R-1-20 zone is to provide living areas within the City where development is limited to very low density concentrations of one-family dwellings at a density of zero to two dwellings per gross acre, where mini-farms or ranchettes may be developed with the allowance for limited numbers of livestock to be raised and crops to be grown.

10.10.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.10.030 Lot area.

The minimum lot area shall be 20,000 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.10.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 100 feet.

6.8 Consent Page 66
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 41 2024
C. The minimum lot depth shall be 100 feet.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.10.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.10.060 Coverage.

The maximum coverage of a lot in the R-1-20 zone shall be 50 percent of the area of the lot.

10.10.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 30 feet from the front lot line.

C. For single-family dwellings that include a usable front porch measuring at least 10 feet in width by five feet in depth, the front yard setback may be reduced by five feet.

D. The rear building setback shall be a minimum of 15 feet from the rear lot line.

E. The side building setback area shall be a minimum of 15 feet from a side lot line.

F. A garage or carport facing the street shall be set back at least 20 feet from the property line. If the garage does not face the street, the garage may be set back the required minimum distance listed in divisions (A) through (E) above.

G. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 50 feet away from the front property line, at least 25 feet from the street side of a corner lot, and at least 100 feet from any public parks, schools, hospitals, or similar institution.

10.10.080 Distance between structures.

A. The minimum distance between structures shall be 10 feet, except as provided by the building code.

B. The minimum distance between residential structures and structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be 30 feet.

10.10.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 10.80.

10.10.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

6.8 Consent Page 67
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 42 2024
C. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.10.110 Accessory structures.

Accessory structures may be located within a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.10.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

C. Architectural features, including eaves, sills, chimneys, and cornices, may extend up to 30 inches into a required side yard or space between structures and up to 36 inches into a required front or rear yard.

D. Uncovered, unenclosed porches, platforms, or landing places that do not extend above the level of the first floor of the building may extend up to six feet into a required front, side, or rear yard, or into a space between buildings. Railing up to 30 inches tall may be installed on any such porch, platform, or landing.

10.10.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Single-family dwellings shall provide a minimum of two covered parking spaces. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable all-weather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material as the main dwelling, and have support beams or posts that are decorative in style.

E. No recreation vehicle, including, without limitation, camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within a fenced side or rear yard or within a garage or carport.

6.8 Consent Page 68
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 43 2024
F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.10.140 Usable open space.

There is no open space requirement in the Rural Residential zone.

10.10.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 standards.

B. Except for driveways and approved parking areas, all setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 50 percent of the lot frontage along the street.

10.10.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1-20 zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard, and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top one foot of the fence shall be of a seethrough material (such as wrought iron).

6.8 Consent Page 69
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 44 2024

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. All fences shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than four inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

6.8 Consent Page 70
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 45 2024

10.10.170 Signs.

Signs placed in the Rural Residential zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.10.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-20 district:

A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

E. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

6.8 Consent Page 71
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 46 2024
Chapter 10.12

RESIDENTIAL ESTATE ZONE
Sections:

10.12.010 Purpose and application.

10.12.020 Permitted uses.

10.12.030 Lot area.

10.12.040 Lot dimensions.

10.12.050 Dwelling units per lot.

10.12.060 Coverage.

10.12.070 Building setback areas.

10.12.080 Distance between structures.

10.12.090 Height of structures.

10.12.100 Driveways.

10.12.110 Accessory structures.

10.12.120 Other setback standards.

10.12.130 Off-street parking.

10.12.140 Usable open space.

10.12.150 Landscaping.

10.12.160 Screening, fences, and walls.

10.12.170 Signs.

10.12.180 General provisions and standards.

10.12.010 Purpose and application.

This chapter shall apply to all land within the Residential Estate (R-1-12.5) zone. The purpose of the R-1-12.5 zone is to provide areas for large lot, single-family estate dwellings at a density of

2.1 to three dwellings per gross acre.

10.12.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.12.030 Lot area.

The minimum lot area shall be 12,500 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.12.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 90 feet for interior lots and 100 feet for corner lots.

C. The minimum lot depth shall be 100 feet.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

6.8 Consent Page 72
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 47 2024

10.12.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.12.060 Coverage.

The maximum coverage of a lot in the R-1-12.5 zone shall be 50 percent of the area of the lot.

10.12.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 20 feet from the front lot line.

C. For single-family dwellings that include a usable front porch measuring at least 10 feet in width by five feet in depth, the front yard setback may be reduced by five feet.

D. The rear building setback shall be a minimum of 10 feet from the rear lot line for one-story buildings and a minimum of 15 feet for multi-story buildings.

E. The interior side building setback area shall be a minimum of 7.5 feet from an interior side lot line. The side yard on the street side of a corner lot shall be a minimum of 10 feet.

10.12.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.12.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 10.80.

10.12.100 Driveways.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.12.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

6.8 Consent Page 73
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 48 2024
C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.12.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

10.12.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

6.8 Consent Page 74
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 49 2024
I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.12.140 Usable open space.

There is no open space requirement in the Residential Estate zone.

10.12.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 standards.

10.12.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1-12.5 zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. All fences shall be limited to the following materials or a combination of materials:

1. Front and street side yards:

6.8 Consent Page 75
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 50 2024
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Wall shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.12.170 Signs.

Signs placed in the Residential Estate zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.12.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-12.5 district:

6.8 Consent Page 76
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 51 2024
A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

G. Installation of a manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

H. Entryways for new subdivisions of 10 or more units fronting an arterial street shall be delineated and enhanced with the incorporation of at least two of the following:

1. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 20 feet deep and spanning the width of the entry roadway.

2. A monument sign or place name incorporated into a wall.

3. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

4. A landscaped median at least six feet wide and 50 feet long in the middle of the entry roadway.

5. An expansion of the landscaped area by a minimum of five feet in depth spanning a minimum of 10 feet on each side of the entry roadway.

I. Where new streets are proposed, the ends of new streets shall align with existing streets or paseos in adjacent blocks.

J. The maximum allowable length of closed-end streets (cul-de-sacs) in residential developments shall be 500 feet.

K. Where cul-de-sacs exist, pedestrian linkages are required and shall provide direct connections to adjacent streets or public areas.

L. Single-family subdivisions over 160 acres must include at least four points of access to connect with arterials, collectors, or other neighboring developments.

M. Within a subdivision, including home plans, homes built on side-by-side lots shall not repeat the floor plan unless the front elevation has a substantially different appearance and color.

N. Single-family homes proposed in a subdivision of eight or more homes shall include at least two of the following design features:

1. Tile roofing.

6.8 Consent Page 77
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 52 2024

2. A garage subordinate design on at least 50 percent of the available floor plans.

3. Three-color exterior paint.

4. Architectural elements, including window shutters, decorative moldings, gable decorations, or decorative molding.

5. Stone, rock, or brick elevation treatments at the base of ground floor front street-facing facades.

6. A concrete or stone walkway from the sidewalk to the front door exclusive of the driveway.

7. Front yard porch or courtyard of at least 25 square feet with no dimension measuring less than five feet wide.

6.8 Consent Page 78
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 53 2024
Chapter 10.14

LOW DENSITY RESIDENTIAL ZONE
Sections:

10.14.010 Purpose and application.

10.14.020 Permitted uses.

10.14.030 Lot area.

10.14.040 Lot dimensions.

10.14.050 Dwelling units per lot.

10.14.060 Coverage.

10.14.070 Building setback areas.

10.14.080 Distance between structures.

10.14.090 Height of structures.

10.14.100 Driveways.

10.14.110 Accessory structures.

10.14.120 Other setback standards.

10.14.130 Off-street parking.

10.14.140 Usable open space.

10.14.150 Landscaping.

10.14.160 Screening, fences, and walls.

10.14.170 Signs.

10.14.180 General provisions and standards.

10.14.010 Purpose and application.

This chapter shall apply to all land within the Low Density Residential (R-1) zone. The purpose of the R-1 zone is to provide residential neighborhoods of mostly, but not exclusively, singlefamily homes at a density of 3.1 to seven dwellings per gross acre. In order to adequately plan for single-family development of various densities, the R-1 district is further subdivided into the following sub-districts: R-1-4 and R-1-6.

10.14.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.14.030 Lot area.

A. The minimum lot area shall be 4,000 square feet for the R-1-4 district.

B. The minimum lot area shall be 6,000 square feet for the R-1-6 district.

C. A municipal water well site shall have a minimum lot area of 2,000 square feet.

D. The minimum lot area in the R-1-4 district may be reduced to 3,200 square feet with the approval of a planned unit development application for a Small Lot Residential development.

6.8 Consent Page 79
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 54 2024

10.14.040 Lot dimensions.

A. The following standards apply to the R-1-4 district:

1. The minimum lot frontage shall be 40 feet on a public street.

2. The minimum lot width shall be 40 feet for interior lots and 50 feet for corner lots. The minimum lot width may be reduced to 30 feet if there is an alley.

3. The minimum lot depth shall be 65 feet for lots fronting on a local street and 100 feet for lots fronting on collector or arterial streets.

B. The following standards apply to the R-1-6 district:

1. The minimum lot frontage shall be 40 feet on a public street.

2. The minimum lot width shall be 60 feet for interior lots and 70 feet for corner lots.

3. The minimum lot depth shall be 100 feet for lots fronting on a local street and 120 feet for lots fronting on collector or arterial streets.

C. New subdivisions shall not place the front lot line of new lots along arterial or collector streets.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.14.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 10.60.030.

10.14.060 Coverage.

The maximum coverage of a lot shall be 60 percent.

10.14.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line to the structure’s living space unless reduced to 10 feet in the R-1-6 district or eight feet in the R-1- 4 district with a conditional use permit in accordance with Chapter 10.80.

C. The rear building setback shall be a minimum of five feet from the rear lot line.

D. The interior side building setback area shall be a minimum of five feet.

E. The street side building setback area shall be a minimum of 10 feet.

10.14.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.14.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 45 feet with a conditional use permit in accordance with Chapter 10.80.

6.8 Consent Page 80
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 55 2024

10.14.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area face.

B. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

E. Each alley or private drive shall be 20 feet in width with an approved turning radius to accommodate garbage trucks. Each alley or private drive shall be designed to allow for the exiting of garbage trucks.

10.14.110 Accessory structures.

Accessory structures may be located within a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of 10 feet.

C. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030

10.14.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

10.14.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

6.8 Consent Page 81
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 56 2024
C. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

I. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

10.14.140 Usable open space.

There is no open space requirement in the R-1 zone.

10.14.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

10.14.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1 zone shall conform to the design standards in Section

10.50.040 and the following:

6.8 Consent Page 82
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 57 2024
A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

6.8 Consent Page 83
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 58 2024
E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

F. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.14.170 Signs.

Signs placed in the R-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.14.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1-4 and R-1-6 districts:

A. The minimum width of a primary one-family dwelling or manufactured home shall be 20 feet.

B. Orientation and appearance of all single-family dwellings shall be consistent and compatible with other dwelling units in the surrounding area.

C. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

D. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

E. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

G. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

H. Installation of a manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

6.8 Consent Page 84
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 59 2024
I. Entryways for new subdivisions of 10 or more units, fronting on an arterial street shall be delineated and enhanced with the incorporation of at least two of the following:

1. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 20 feet deep and spanning the width of the entry roadway.

2. A monument sign or place name incorporated into a wall.

3. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

4. A landscaped median at least six feet wide and 50 feet long in the middle of the entry roadway.

5. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the entry roadway.

J. Where new streets are proposed, the ends of new streets shall align with existing streets or paseos in adjacent blocks.

K. The maximum allowable length of closed-end streets (cul-de-sacs) in residential developments shall be 500 feet.

L. Where cul-de-sacs exist, pedestrian linkages are required and shall provide direct connections to adjacent streets or public areas.

M. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

N. Single-family subdivisions over 160 acres must include at least four points of access to connect with arterials, collectors, or other neighboring developments.

O. Single-family homes proposed in a subdivision of eight or more homes shall include at least two of the following design features:

1. Tile roofing.

2. A garage subordinate design on at least 50 percent of the floor plans.

3. Three-color exterior paint.

4. Architectural elements, including window shutters, decorative moldings, gable decorations, or decorative molding.

5. Stone, rock, or brick elevation treatments at the base of ground floor front street-facing facades.

6. A concrete or stone walkway from the sidewalk to the front door exclusive of the driveway.

7. Front yard porch or courtyard of at least 25 square feet with no dimension measuring less than five feet wide.

6.8 Consent Page 85
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 60 2024
Chapter 10.16

MEDIUM DENSITY RESIDENTIAL ZONE
Sections:

10.16.010 Purpose and application.

10.16.020 Permitted uses.

10.16.030 Lot area.

10.16.040 Lot dimensions.

10.16.050 Site area per dwelling unit.

10.16.060 Coverage.

10.16.070 Building setback areas.

10.16.080 Distance between structures.

10.16.090 Height of structures.

10.16.100 Driveways.

10.16.110 Accessory structures.

10.16.120 Other setback standards.

10.16.130 Off-street parking.

10.16.140 Usable open space.

10.16.150 Landscaping.

10.16.160 Screening, fences, and walls.

10.16.170 Signs.

10.16.180 General provisions and design standards.

10.16.010 Purpose and application.

This chapter shall apply to all land within the Medium Density Residential (R-M) zone. The purpose of the R-M zone is to provide areas for living areas within the City where development is permitted at relatively dense concentrations of dwellings between 7.1 and 14 units per acre. The objectives of the R-M district are:

A. The development of a suitable environment for family life, recognizing that a significant part of the multiple-family population is adults, including older adults.

B. The creation of vibrant residential neighborhoods that exhibit high standards of design, including the following features:

1. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit. In such neighborhoods, the sidewalk will be set back from the street, providing space for a tree-lined parking strip.

2. Multiple-family units designed in a manner that encourages human activity in the front yard by placing front doors facing the street, providing front porches, and reducing the dominance of parking facilities as a prominent feature in the front yard.

6.8 Consent Page 86
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 61 2024
C. To provide for limited commercial uses on the same site of multiple-family developments. The commercial uses shall be operated as a subordinate part of the multiple-family development.

This type of land use arrangement will work to reduce the need for residents to travel to offsite stores for basic consumer needs.

D. To provide space for community facilities needed to complement urban residential areas and for institutions that require a residential environment.

E. To minimize traffic congestion while providing an efficient circulation system.

10.16.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.16.030 Lot area.

The minimum lot area shall be 6,000 square feet, except that a municipal water well site shall have a minimum lot area of 2,000 square feet.

10.16.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet on a public street.

B. The minimum lot width shall be 50 feet for interior lots and 60 feet for corner lots.

C. The minimum lot depth shall be 100 feet for lots fronting on a local street and 120 feet for lots fronting on collector or arterial streets.

D. A municipal water well site shall not be subject to minimum lot dimension standards.

10.16.050 Site area per dwelling unit.

The minimum site area per dwelling unit shall be 3,000 square feet of area.

10.16.060 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements. These requirements shall not reduce the maximum lot coverage below 60 percent of the overall lot.

10.16.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area shall be a minimum of five feet per story.

D. The side building setback area shall be five feet per story from an interior side lot line and 10 feet from a street side property line. For a reverse corner lot, the street side setback shall be one-half the required front yard setback of the lot to the rear.

10.16.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

6.8 Consent Page 87
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 62 2024

10.16.090 Height of structures.

The maximum structure height shall be 35 feet. No portion of a structure that is within 30 feet of an interior property line shall be higher than 25 feet.

10.16.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.16.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three feet from the rear and side lot lines.

C. The roof eaves shall be at least two feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of 10 feet.

E. The maximum height shall be 20 feet.

F. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.16.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

6.8 Consent Page 88
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 63 2024

10.16.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Each space shall measure a minimum of nine feet in width and 20 feet in depth. All parking spaces and driveways shall be surfaced with asphalt concrete, chip seal, or other suitable allweather surfacing. Where a carport or garage is open to a public street, a driveway length of at least 20 feet shall be provided between the parking structure and the front property line.

D. No recreation vehicle, including, without limitation, a camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport.

E. No recreational vehicle or trailer shall be used as a residence.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

G. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

10.16.140 Usable open space.

Each lot shall provide for a usable open space area of a minimum of 300 square feet per dwelling unit. Each open space area shall be a minimum of 15 feet wide.

10.16.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area or with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 10.52. The Director may grant an exception to this section to avoid planting in inclement weather.

10.16.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-M zone shall conform to the design standards in Section

10.50.040 and the following:

6.8 Consent Page 89
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 64 2024
A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

6. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Wrought iron.
e. Vinyl.
f. Chain-link fencing.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood (excluding plywood, OSB, or other wood not typically designed or used for fencing).
d. Vinyl.

6.8 Consent Page 90
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 65 2024
E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.16.170 Signs.

Signs placed in the R-M zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.16.180 General provisions and design standards.

The following standards apply to all development occurring within the RM district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit, devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

C. An annual inspection by the City of Tulare shall be conducted on all multiple-family dwellings of four units or more to ascertain compliance with fire and building codes and City standards and conditions, including conditions of approval of the applicable planning permit.

D. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

E. Building facades shall be designed utilizing varying setbacks, projections, and balconies, and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

6.8 Consent Page 91
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 66 2024

2. For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

3. All sides of a building shall include at least two forms of architectural detailing.

Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

5. Individual residential unit entrances located on the ground floor shall include a porch, stoop, patio, terrace, forecourt, or courtyard. Entrances shall have either a projected sheltering element or be recessed from the facade; the projection or recess shall have a minimum depth of 24 inches.

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

7. Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least two of the following:
a. Change in wall plane.
b. Change in color.
c. Change in roof form.

F. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments of 16 units or more shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

G. A children’s play yard with play equipment shall be required for all multiple-family projects of 10 units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet

6.8 Consent Page 92
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 67 2024
of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

I. Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and colors as the primary building design. Additional treatments, such as landscaping, a trellis, or an arbor are encouraged.

6.8 Consent Page 93
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 68 2024
Chapter 10.18

HIGH DENSITY RESIDENTIAL ZONE
Sections:

10.18.010 Purpose and application.

10.18.020 Permitted uses.

10.18.030 Lot area.

10.18.040 Lot dimensions.

10.18.050 Site area per dwelling unit.

10.18.060 Coverage.

10.18.070 Building setback areas.

10.18.080 Distance between structures.

10.18.090 Height of structures.

10.18.100 Driveways.

10.18.110 Accessory structures.

10.18.120 Other setback standards.

10.18.130 Off-street parking.

10.18.140 Usable open space.

10.18.150 Landscaping.

10.18.160 Screening, fences, and walls.

10.18.170 Signs.

10.18.180 General provisions and standards.

10.18.010 Purpose and application.

This chapter shall apply to all land within the High Density Residential (R-H) zone. The purpose of the R-H zone is to encourage a variety of multi-family residential uses in a density range from

14.1 to 29 dwelling units per gross acre. In order to adequately plan for multi-family development of various densities, the R-H zone is further subdivided into the following sub-districts: R-H-14 and R-H-20.

10.18.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.020.

10.18.030 Lot area.

A. The minimum lot area shall be 6,000 square feet.

B. Existing lots of less than 6,000 square feet may be developed in accordance with the specifications of this section.

10.18.040 Lot dimensions.

A. The minimum lot frontage shall be 20 feet on a public street.

6.8 Consent Page 94
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 69 2024
B. The minimum lot width shall be 30 feet for interior lots and 40 feet for corner lots.

C. The minimum lot depth shall be 50 feet.

D. Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.

10.18.050 Site area per dwelling unit.

A. The minimum site area per dwelling unit shall be 2,000 square feet for the R-H-14 district.

B. Multi-family residential uses in the R-H-14 district shall be developed with a minimum density of 14.1 dwelling units per gross acre.

C. The minimum site area per dwelling unit shall be 1,500 square feet for the R-H-20 district.

D. Multi-family residential uses in the R-H-20 district shall be developed with a minimum density of 20 dwelling units per gross acre.

10.18.060 Coverage.

10.18.070 Building setback areas.

A. No structure utilized as living space shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area and interior side setback area shall be a minimum of five feet per story.

D. The side building setback area shall be 10 feet from a street side property line. For a reverse corner lot, the street side setback shall be one-half the required front yard setback of the lot to the rear.

10.18.080 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.18.090 Height of structures.

A. The maximum structure height shall be 50 feet. No portion of a structure that is within 30 feet of an interior property line adjacent to a single-family zoned property shall be higher than 25 feet.

B. Buildings over 50 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

10.18.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent of the width of the lot’s street frontage on which the driveway and any paved area faces. In the case

6.8 Consent Page 95
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 70 2024
of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

10.18.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three feet from the rear and side lot lines.

C. The roof eaves shall be at least two feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of 10 feet.

E. The maximum height shall be 20 feet.

F. This section does not apply to an accessory dwelling unit (as defined in Section 65852.2 of the California Government Code) which is instead regulated by 10.60.030.

10.18.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from an interior side lot line.

B. Above- or below-ground swimming pools shall be set back three feet from all lot lines.

10.18.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

C. Required parking spaces may not be provided within any front setback area. Parking shall be setback a minimum of 10 feet from any side or rear property line except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof

6.8 Consent Page 96
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 71 2024
overhang, shall not extend into the alley right-of-way. Each garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.

D. No recreation vehicle, including, without limitation, a camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked in a location visible from the street so as not to detract from the neighborhood. All recreational vehicles must be operable.

E. No recreational vehicle or trailer shall be used as a residence.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

10.18.140 Usable open space.

A. Lots with four or fewer dwelling units shall provide for a usable open space area of a minimum of 200 square feet per dwelling unit. The open space shall be a minimum of 15 feet wide.

B. Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site.

10.18.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the area or with artificial turf and other permeable surfaces.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping.

10.18.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-H zone shall conform to the design standards in Section

10.50.040 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street side yard of a corner lot, provided that the top one foot shall be of a see-through

6.8 Consent Page 97
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 72 2024
material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the Tulare General Plan.

C. Allowable fence materials. All fences constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.

D. Perimeter walls around residential developments shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. A wrought-iron fence is also acceptable. Walls and/or fences shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

Access points shall be provided no more than 200 feet apart.

G. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

6.8 Consent Page 98
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 73 2024
self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of 60 inches above grade. No pool shall be filled with water until the enclosing fence has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

H. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.18.170 Signs.

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.18.180 General provisions and standards.

The following standards apply to all development occurring within the R-H district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

D. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

E. Building facades shall be designed utilizing varying setbacks, projections, and balconies, and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

3. All sides of a building shall include at least two forms of architectural detailing.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

6.8 Consent Page 99
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 74 2024

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

F. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments of 16 units or more shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and

6.8 Consent Page 100
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 75 2024
colors as the primary building design. Additional treatments, such as landscaping, a trellis, or an arbor are encouraged.

6.8 Consent Page 101
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 76 2024
Chapter 10.20

NEIGHBORHOOD COMMERCIAL ZONE
Sections:

10.20.010 Purpose and application.

10.20.020 Permitted uses.

10.20.030 Site area.

10.20.040 Lot dimensions.

10.20.050 Coverage.

10.20.060 Building setback areas.

10.20.070 Distance between structures.

10.20.080 Height of structures.

10.20.090 Driveways.

10.20.100 Off-street parking.

10.20.110 Usable open space.

10.20.120 Landscaping.

10.20.130 Screening, fences, and walls.

10.20.140 Signs.

10.20.150 General provisions and standards.

10.20.010 Purpose and application.

This chapter shall apply to all land within the Neighborhood Commercial (C-1) zone. The purpose of the C-1 zone is to provide for areas of primarily small-scale, low-intensity neighborhood commercial uses and services that serve surrounding, adjacent residential neighborhoods throughout the community. The objectives of the C-1 zone are:

A. The development of a limited range of commercial uses that cater to the daily needs of residents.

B. The development of commercial buildings that are compatible with the aesthetic character and quality of residential neighborhoods.

C. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit, to serve the commercial developments. In such neighborhoods, the sidewalk will be setback from the street, providing space for a tree-lined parking strip.

D. Commercial buildings designed in a manner that encourages human activity on the street, by placing main entrances facing the street, and reducing the dominance of parking facilities as a prominent visual street feature. Where possible and practicable, parking lots shall be placed to the rear or to the side of buildings.

E. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

6.8 Consent Page 102
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 77 2024
F. To minimize traffic congestion, while providing an efficient circulation system.

10.20.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

B. Residential uses shall be subject to the development and design standards of the residential zone that are consistent with the density of the residential development. Thus, a multi-family development with a density of 12 units per acre would be subject to the development and design standards of the R-M zone. These standards include but are not limited to setbacks, height limitations, and open space.

10.20.030 Site area.

A. The minimum site area shall be 6,000 square feet. The site area may be divided into multiple separate lots of less than 6,000 square feet each if a reciprocal use agreement for shared street access and parking is recorded in conjunction with the subdivision of the lots.

B. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

C. The maximum site area shall be three acres.

10.20.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.20.050 Coverage.

The maximum coverage of a lot shall be 60 percent.

10.20.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be five feet.

C. The minimum rear building setback shall be 10 feet.

D. The minimum side building setback area shall be five feet.

10.20.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.20.080 Height of structures.

The maximum structure height shall be 30 feet.

10.20.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.

B. New driveways near street corners shall be located a minimum of 50 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

6.8 Consent Page 103
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 78 2024

10.20.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.20.110 Usable open space.

There is no minimum requirement for usable open space.

10.20.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.20.130 Screening, fences, and walls.

Fences, walls, and hedges in the C-1 zone shall conform to the design standards provided in section

10.50.040 and to the following standards:

A. A seven-foot solid masonry wall shall be required along any side or rear property line abutting residential zone district, except in required front and corner side yards where the maximum height shall be three feet. On a reversed corner lot where the district boundary line is adjacent to the front yard of a neighboring property, the required wall shall be reduced in height to four feet within 15 feet of a street property line.

B. The Director may allow fence and wall heights to be increased to mitigate noise problems documented by a noise study.

C. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron
D. The outdoor storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened with a six-foot solid wall or chain-link fence with slats

6.8 Consent Page 104
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 79 2024
and landscaping, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

10.20.140 Signs.

Signs placed in the C-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.20.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line abutting a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-1 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.50 Development Standards.

6.8 Consent Page 105
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 80 2024
Chapter 10.22

OFFICE COMMERCIAL ZONE
Sections:

10.22.010 Purpose and application.

10.22.020 Permitted uses.

10.22.030 Site area.

10.22.040 Lot dimensions.

10.22.050 Coverage.

10.22.060 Building setback areas.

10.22.070 Distance between structures.

10.22.080 Height of structures.

10.22.090 Driveways.

10.22.100 Off-street parking.

10.22.110 Usable open space.

10.22.120 Landscaping.

10.22.130 Screening, fences, and walls.

10.22.140 Signs.

10.22.150 General provisions and standards.

10.22.010 Purpose and application.

This chapter shall apply to all land within the Office Commercial (C-2) zone. The purpose of the C-2 zone is to provide areas for professional and non-retail commercial offices and businesses in close relationship with one another. The objectives of the C-2 zone are:

A. The development of a variety of office uses including professional, administrative, business, finance, and medical.

B. The development of office buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, which emphasize and encourage walking and bicycling as well as efficient automobile transit, to serve the office developments. In such neighborhoods, the sidewalk may be setback from the street, providing space for a treelined landscaped area.

2. Office buildings and complexes that include generous amounts of landscaping, including parking lots designed so that they do not dominate the street scene and buildings that complement one another with tasteful design features.

C. To ensure that office buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

6.8 Consent Page 106
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 81 2024
D. To provide for the sensitive conversion of single-family homes into offices, with special attention being given to facade elevations, parking lots, signage, and lighting.

E. To minimize traffic congestion, while providing an efficient circulation system.

10.22.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.22.030 Site area.

The minimum site area shall be 3,000 square feet.

10.22.040 Lot dimensions.

The minimum lot frontage shall be 40 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.22.050 Coverage.

The maximum building coverage of a lot shall be 80 percent.

10.22.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet, except where an office is being developed within an existing residential neighborhood between existing residences and buildings on the block have a front yard setback greater than 10 feet, the setback for the unit being converted shall be average of the other buildings on the block.

C. There shall be no required rear building setback, except where a site abuts a residentially zoned parcel in which case the setback shall be 10 feet.

D. There shall be no required side building setback, except where a site abuts a residentially zoned parcel in which case the setback shall be five feet.

10.22.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.22.080 Height of structures.

A. The maximum structure height shall be 30 feet.

10.22.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

6.8 Consent Page 107
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 82 2024
B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.22.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Parking areas shall not be closer than 15 feet to any front or street side lot line. The area between the lot line and the parking area shall be landscaped.

C. New parking areas shall be located behind or to the side of buildings, not between buildings and the street unless it is not possible or practicable. Refer to Chapter 10.52 for Landscape Standards for parking areas.

10.22.110 Usable open space.

There is no minimum requirement for usable open space.

10.22.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.22.130 Screening, fences, and walls.

Fences, walls, and hedges in the C-2 zone shall conform to the design standards provided in Section

10.50.040 and to the following standards:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. A seven-foot solid masonry wall shall be required along any side or rear property line abutting residential zone district, except in required front and street side yards where the maximum height shall be three feet. On a reversed corner lot where the district boundary line is adjacent to the front yard of a neighboring property, the required wall shall be reduced in height to four feet within 15 feet of a street property line.

D. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:
a. Concrete/block/brick.

6.8 Consent Page 108
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 83 2024
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.22.140 Signs.

Signs placed in the C-2 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.22.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-2 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Development Standards.

6.8 Consent Page 109
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 84 2024
Chapter 10.24

RETAIL COMMERCIAL ZONE
Sections:

10.24.010 Purpose and application.

10.24.020 Permitted uses.

10.24.030 Site area.

10.24.040 Lot dimensions.

10.24.050 Coverage.

10.24.060 Building setback areas.

10.24.070 Distance between structures.

10.24.080 Height of structures.

10.24.090 Driveways.

10.24.100 Off-street parking.

10.24.110 Usable open space.

10.24.120 Landscaping.

10.24.130 Screening, fences, and walls.

10.24.140 Signs.

10.24.150 General provisions and standards.

10.24.010 Purpose and application.

This chapter shall apply to all land within the Retail Commercial (C-3) zone. The purpose of the C-3 zone is to provide for a wide variety of commercial and office uses that serve the general commercial needs of the residents of Tulare. The objectives of the C-3 zone are:

A. The development of a variety of retail commercial uses in buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, that emphasize and encourage walking and bicycling as well as efficient automobile transit. In such districts, the sidewalk may be setback from the street, providing space for a tree-lined landscaped area.

2. Commercial buildings and complexes that include generous amounts of landscaping, including parking lots designed so that they do not dominate the street scene and buildings that complement one another with tasteful design features.

B. To provide areas for the development of shopping facilities that:

1. Are convenient to all members of the community.

2. Aid in building Tulare’s sales tax base and prevent leakage of sales tax revenues to other communities.

6.8 Consent Page 110
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 85 2024
C. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

D. To minimize traffic congestion, while providing an efficient circulation system.

10.24.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.24.030 Site area.

There is no minimum site area.

10.24.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.24.050 Coverage.

The maximum coverage of a lot shall be 80 percent.

10.24.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be 10 feet, except where a parcel fronts on a major arterial or a residential zone district then the minimum setback shall be 20 feet.

C. There shall be no required rear building setback, except where the rear lot line abuts a major arterial or a residentially zoned parcel then the minimum rear building setback shall be 10 feet.

D. There shall be no required side building setback, except where the side lot line abuts a major arterial or a residentially zoned parcel then the minimum side building setback area shall be 10 feet.

10.24.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.24.080 Height of structures.

A. The maximum structure height shall be 30 feet.

B. Structures up to 60 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

6.8 Consent Page 111
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 86 2024

10.24.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.24.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.24.110 Usable open space.

New developments over one acre in size shall provide a common outdoor, shaded sitting area for use by customers. The size of the shaded sitting area shall be a minimum of 250 square feet per acre of site area.

10.24.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.24.130 Screening, fences, and walls.

A. The fences in the C-3 zone shall conform to the design standards provided in Section

10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

2. Where a commercially-zoned site adjoins a site that is residentially zoned, a seven-foottall solid wall and a 10-foot landscape buffer shall separate the commercial development from the adjoining residential district.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

6.8 Consent Page 112
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 87 2024

1. Front and street side yards:
a. Concrete/block/brick.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought Iron
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.24.140 Signs.

Signs placed in the C-3 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.24.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-3 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Development Standards.

6.8 Consent Page 113
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 88 2024
Chapter 10.26

SERVICE COMMERCIAL ZONE
Sections:

10.26.010 Purpose and application.

10.26.020 Permitted uses.

10.26.030 Site area.

10.26.040 Lot dimensions.

10.26.050 Coverage.

10.26.060 Building setback areas.

10.26.070 Distance between structures.

10.26.080 Height of structures.

10.26.090 Driveways.

10.26.100 Off-street parking.

10.26.110 Usable open space.

10.26.120 Landscaping.

10.26.130 Screening, fences, and walls.

10.26.140 Signs.

10.26.150 General provisions and standards.

10.26.010 Purpose and application.

This chapter shall apply to all land within the Service Commercial (C-4) zone. The purpose of the C-4 zone is to provide areas primarily for wholesale and heavy commercial uses and service establishments that are not suited for other commercial zones. It also provides areas for certain light industrial uses that manufacture, assemble, or package products within buildings and which do not emit fumes, odor, dust, smoke, or gas. The objectives of the C-4 zone are:

A. The development of a variety of wholesale and heavy commercial and service uses, which are not suited to other commercial zones.

B. Service commercial uses shall be developed in buildings and complexes that exhibit high standards of design, including:

1. Attractive, tree-lined streets, which accommodate a variety of vehicles typically involved in service commercial activities.

3. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

C. To ensure that commercial buildings are designed in a manner that minimizes the impact to the adjacent residential development through sensitive design that considers the impacts of noise, traffic, and lighting sources.

6.8 Consent Page 114
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 89 2024
D. To minimize traffic congestion, while providing an efficient circulation system.

10.26.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.26.030 Site area.

A. The minimum site area for new lots that are created by subdivision map or parcel map shall be 6,000 square feet unless a smaller site is approved with a conditional use permit in accordance with Chapter 10.80.

B. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

10.26.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

10.26.050 Coverage.

The maximum coverage of a lot shall be 80 percent.

10.26.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The minimum front building setback shall be 10 feet, except where a parcel fronts on a major arterial or a residential zone district then the minimum setback shall be 20 feet. Except that driveways, canopies, parking lots, and roof overhangs may extend into a front yard by 50 percent.

C. There shall be no required rear building setback, except where the rear lot line abuts a major arterial or a residentially zoned parcel then the minimum rear building setback shall be 10 feet.

10.26.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.26.080 Height of structures.

A. The maximum structure height shall be 30 feet.

B. Structures up to 60 feet may be erected upon approval of a conditional use permit in accordance with Chapter 10.80.

6.8 Consent Page 115
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 90 2024

10.26.090 Driveways.

A. Wherever possible developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys shall utilize alley access to minimize driveways on streets as long as it is possible and practicable.

10.26.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.26.110 Usable open space.

There is no minimum requirement for usable open space.

10.26.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

B. A minimum of five percent of the gross lot area shall be landscaped. All exterior areas not devoted to parking, storage, driveways, walkways or loading areas shall be landscaped.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52.

10.26.130 Screening, fences, and walls.

A. Fences in the C-4 zone shall conform to the design standards provided in Section 10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

E. Allowable fence materials. All fences, constructed or installed within the City shall be limited to the following materials or a combination of materials:

1. Front and street side yards:

6.8 Consent Page 116
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 91 2024
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought iron.

2. Rear and Interior side yards:
a. Concrete/block.
b. Latticework fencing.
c. Wood.
d. Wrought Iron
e. Chain link
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.26.140 Signs.

Signs placed in the C-4 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.26.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

D. All development in the C-4 zone shall be designed consistent with the requirements and standards prescribed in Chapter 10.60 Commercial District Design Standards.

6.8 Consent Page 117
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 92 2024
Chapter 10.28

LIGHT INDUSTRIAL ZONE
Sections:

10.28.010 Purpose and application.

10.28.020 Permitted uses.

10.28.030 Site area.

10.28.040 Lot dimensions.

10.28.050 Coverage.

10.28.060 Building setback areas.

10.28.070 Distance between structures.

10.28.080 Height of structures.

10.28.090 Driveways.

10.28.100 Off-street parking.

10.28.110 Usable open space.

10.28.120 Landscaping.

10.28.130 Screening, fences, and walls.

10.28.140 Signs.

10.28.150 General provisions and standards.

10.28.010 Purpose and application.

This chapter shall apply to all land within the Light Industrial (M-1) zone. The purpose of the M1 district is to provide areas for light manufacturing, wholesale, and storage activities; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of Tulare residents and the environment, and to provide industrial employment opportunities for residents of the City of Tulare. The objectives of the M-1 district are:

A. The development of a variety of light industrial and service commercial and service uses, which are not suited to other commercial zones, in buildings and complexes that exhibit high standards of design, including:

1. Industrial buildings and complexes that include generous amounts of landscaping, and buildings that complement one another with tasteful design features.

2. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

3. To ensure that commercial buildings are designed in a manner that minimizes the impact to adjacent non-industrial uses through sensitive design that considers the impacts of noise, traffic, and lighting sources.

4. To minimize traffic congestion, while providing an efficient circulation system.

6.8 Consent Page 118
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 93 2024

10.28.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.28.030 Site area.

A. The minimum site area for new lots shall be 10,000 square feet except for City water well sites which shall have a minimum parcel size of 1,000 square feet. A conditional use permit for smaller lots may be approved, in accordance with Chapter 10.80.

B. Existing sites of less than 10,000 square feet may be developed in accordance with the requirements of this chapter.

10.28.040 Lot dimensions.

The minimum lot frontage shall be 80 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.28.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

10.28.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet.

C. There shall be no required rear building setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of 250 feet.

D. There shall be no required interior side building setback, except where the side lot line abuts a residentially zoned parcel or sensitive receptor then the minimum side building setback area shall be 250 feet.

E. The street side building setback area shall be a minimum of 10 feet except within a corner cutoff area.

F. Truck loading bays shall be located a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

10.28.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.28.080 Height of structures.

The maximum structure height shall be 75 feet, except that accessory structures up to a height of 120 feet may be permitted in accordance with Chapter 10.60.

10.28.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

6.8 Consent Page 119
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 94 2024
B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.28.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.28.110 Usable open space.

There is no minimum requirement for usable open space.

10.28.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 10.52.

D. Any new logistics use facility (warehouse or distribution center) within 250 feet of a sensitive receptor shall include landscape trees as solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized.

10.28.130 Screening, fences, and walls.

A. Fences and walls in the M-1 zone shall conform to the design standards provided in Section

10.50.040.

B. Fences, walls, and hedges in the M-1 zone shall conform to the following standards:

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

4. Razor wire, monitored electrified security fences, and similar security devices are only allowed on a permanent basis in the M-1 zone district with approval by the Director,

6.8 Consent Page 120
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 95 2024
provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 10.50.100.

10.28.140 Signs.

Signs placed in the M-1 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.28.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 250 feet from a rear or side lot line that abuts a residentially zoned property or sensitive receptor.

B. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

C. New development may be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosures. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be installed prior to occupancy of any structures on the site.

D. No use shall be permitted and no process, equipment, or material shall be employed that is found by the City to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

E. No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and City ordinances and policies.

F. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

6.8 Consent Page 121
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 96 2024
Chapter 10.30

HEAVY INDUSTRIAL ZONE
Sections:

10.30.010 Purpose and application.

10.30.020 Permitted uses.

10.30.030 Site area.

10.30.040 Lot dimensions.

10.30.050 Coverage.

10.30.060 Building setback areas.

10.30.070 Distance between structures.

10.30.080 Height of structures.

10.30.090 Driveways.

10.30.100 Off-street parking.

10.30.110 Usable open space.

10.30.120 Landscaping.

10.30.130 Screening, fences, and walls.

10.30.140 Signs.

10.30.150 General provisions and standards.

10.30.010 Purpose and application.

This chapter shall apply to all land within the Heavy Industrial (M-2) zone. The purpose of the M2 district is to provide locations for heavy industrial uses unsuited to other locations in the community; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of Tulare residents and the environment, and to provide industrial employment opportunities for residents of the City of Tulare. The objectives of the M-2 district are:

A. The development of a variety of heavy industrial uses, which are not suited to other commercial zones, in buildings and complexes that exhibit high standards of design, including:

1. Industrial buildings and complexes that include generous amounts of landscaping; complexes that include generous amounts of landscaping, and buildings that complement one another with tasteful design features.

2. Outdoor storage of materials and outdoor repair activities conducted in screened areas.

B. To ensure that industrial buildings are designed in a manner that minimizes the impact to adjacent non-industrial uses through sensitive design that considers the impacts of noise, traffic, and lighting sources.

C. To minimize traffic congestion, while providing an efficient circulation system.

6.8 Consent Page 122
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 97 2024

10.30.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.30.030 Site area.

A. The minimum site area for new lots shall be 40,000 square feet except for City water well sites which shall have a minimum parcel size of 1,000 square feet. A conditional use permit for smaller lots may be approved, in accordance with Chapter 10.80.

B. Existing sites of less than 40,000 square feet may be developed in accordance with the requirements of this chapter.

10.30.040 Lot dimensions.

The minimum lot frontage shall be 80 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

10.30.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

10.30.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 25 feet.

C. There shall be no required rear building setback except where the rear lot line abuts a residentially zoned parcel or sensitive receptor then the setback shall be a minimum of 250 feet.

E. The street side building setback area shall be a minimum of 15 feet.

F. Truck loading bays shall be located a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method.

10.30.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

10.30.080 Height of structures.

The maximum structure height shall be 75 feet, except that accessory structures up to a height of 120 feet may be permitted in accordance with Chapter 10.60.

10.30.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

6.8 Consent Page 123
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 98 2024
C. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.30.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.30.110 Usable open space.

There is no minimum requirement for usable open space.

10.30.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 10.52 Landscape Standards.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.30.130 Screening, fences, and walls.

A. Fences and walls in the M-2 zone shall conform to the design standards provided in Section

10.50.040.

B. Fences, walls, and hedges in the M-2 zone shall conform to the following standards:

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

4. Razor wire, monitored electrified security fences, and similar security devices are only allowed on a permanent basis in the M-2 zone district with approval by the Director, provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 10.50.100.

10.30.140 Signs.

Signs placed in the M-2 zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

6.8 Consent Page 124
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 99 2024

10.30.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 250 feet from a rear or side lot line that abuts a residentially zoned property or sensitive receptor.

B. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.

F. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

6.8 Consent Page 125
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 100 2024
Chapter 10.32

PUBLIC LANDS ZONE
Sections:

10.32.010 Purpose and application.

10.32.020 Permitted uses.

10.32.030 Site area.

10.32.040 Lot dimensions.

10.32.050 Coverage.

10.32.060 Building setback areas.

10.32.070 Distance between structures.

10.32.080 Height of structures.

10.32.090 Driveways.

10.32.100 Other setback standards.

10.32.110 Off-street parking.

10.32.120 Usable open space.

10.32.130 Landscaping.

10.32.140 Screening, fences, and walls.

10.32.150 Signs.

10.32.160 General provisions and standards.

10.32.010 Purpose and application.

This chapter shall apply to all land within the Public Lands (PL) zone. The purpose of the PL zone is to provide locations for public and private institutional uses, including, but not limited to, community facilities, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, the Tulare Airport, and other similar public uses and facilities on property owned and/or operated by a local, State or federal agency.

10.32.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.32.030 Site area.

The minimum site area is 3,000 square feet.

10.32.040 Lot dimensions.

There are no minimum lot dimensions.

6.8 Consent Page 126
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 101 2024

10.32.050 Coverage.

There is no maximum coverage requirement.

10.32.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 10 feet from the front lot line when located in a residential neighborhood.

C. The rear building setback shall be a minimum of five feet from the rear lot line, except where the rear lot line abuts an R-1, R-M, or R-H zone district, the rear building setback shall be a minimum of 10 feet.

D. The side building setback area shall be a minimum of five feet from an interior side lot line and a minimum of 10 feet from a street side property line.

10.32.070 Distance between structures.

The minimum distance between structures shall be five feet, except as provided by the building code.

10.32.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 100 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.32.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Gated entrances shall be set back at least 30 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

10.32.100 Other setback standards.

Mechanical equipment shall be located a minimum of five feet from every lot line, except the setback shall be a minimum of 10 feet from a lot line abutting a residential or commercial zone, or a shall be a minimum of 25 feet when the mechanical equipment is not enclosed to mitigate noise on adjacent uses.

10.32.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. Required parking spaces may not be provided within any front, side, or rear building setback area.

10.32.120 Usable open space.

There is no required usable open space.

6.8 Consent Page 127
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 102 2024

10.32.130 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Section 10.52 Landscape Standards.

B. All building setback areas visible from a public street shall be landscaped, except for driveways and approved parking areas.

10.32.140 Screening, fences, and walls.

A. The fences in the PL zone shall conform to the design standards provided in Section 10.50.040.

B. Fences, walls, and hedges in the PL zone shall conform to the following standards:

1. Fences, walls, and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or a required side yard on a corner or side on a cul-de-sac lot, a fence, wall, or hedge shall not exceed four feet in height except as allowed by subsections 2 and 3 below.

2. A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts any residential zone.

10.32.150 Signs.

Signs placed in the PL zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.32.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

6.8 Consent Page 128
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 103 2024
Chapter 10.34

PARKS AND RECREATION ZONE
Sections:

10.34.010 Purpose and application.

10.34.020 Permitted uses.

10.34.030 Lot area.

10.34.040 Lot dimensions.

10.34.050 Coverage.

10.34.060 Building setback areas.

10.34.070 Distance between structures.

10.34.080 Height of structures.

10.34.090 Driveways.

10.34.100 Other setback standards.

10.34.110 Off-street parking.

10.34.120 Usable open space.

10.34.130 Landscaping.

10.34.140 Screening, fences, and walls.

10.34.150 Signs.

10.34.160 General provisions and standards.

10.34.010 Purpose and application.

This chapter shall apply to all land within the Parks and Recreation (PR) zone. The purpose of the PR zone is to provide areas for outdoor recreation facilities that serve local and regional users, including, but not limited to, pocket, neighborhood, community, regional, and natural parks, as well as other outdoor recreation facilities such as golf courses, trails, and habitat preserves.

10.34.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.34.030 Lot area.

There is no minimum lot area.

10.34.040 Lot dimensions.

There are no minimum lot dimensions.

10.34.050 Coverage.

There is no maximum coverage requirement.

6.8 Consent Page 129
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 104 2024

10.34.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 20 feet from the front lot line.

C. The rear building setback shall be a minimum of 10 feet from the rear lot line.

D. The side building setback area shall be a minimum of 10 feet from an interior side or street side property line.

10.34.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.34.080 Height of structures.

The maximum structure height shall be 30 feet, except that a height up to 100 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.34.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

10.34.100 Other setback standards.

Mechanical equipment shall be located a minimum of five feet from every lot line, except the setback shall be a minimum of 25 feet from a lot line abutting a residential or commercial zone.

10.34.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

B. No parking spaces shall be provided within any front, side, or rear building setback area.

10.34.120 Usable open space.

There is no required usable open space.

10.34.130 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.

10.34.140 Screening, fences, and walls.

A. A minimum six-foot-tall solid wood or masonry fence shall be provided along any lot line that abuts any residential zoned property to separate the site development from the adjoining residential district. A three-foot wall shall be permitted in the front yard area.

B. The outdoor storage of equipment or materials shall be screened from view from any adjoining public right-of-way with a seven-foot-tall solid fence, wall, or chain-link fence with slats and landscaping.

6.8 Consent Page 130
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 105 2024
C. Fences and walls shall be provided on the site for each use in accordance with Sections

10.50.040.

10.34.150 Signs.

Signs placed in the OS zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.34.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

6.8 Consent Page 131
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 106 2024
Chapter 10.36

AGRICULTURE/OPEN SPACE ZONE
Sections:

10.36.010 Purpose and application.

10.36.020 Permitted uses.

10.36.030 Lot area.

10.36.040 Lot dimensions.

10.36.050 Coverage.

10.36.060 Building setback areas.

10.36.070 Distance between structures.

10.36.080 Height of structures.

10.36.090 Driveways.

10.36.100 Other setback standards.

10.36.110 Off-street parking.

10.36.120 Accessory structures.

10.36.130 Usable open space.

10.36.140 Landscaping.

10.36.150 Screening, fences, and walls.

10.36.160 Signs.

10.36.170 General provisions and standards.

10.36.010 Purpose and application.

This chapter shall apply to all land within the Agriculture/Open Space (A) zone. The purpose of the A zone is to provide areas for agriculture and agriculture-related uses. The objectives of the A zone are:

A. To prevent the intrusion of urban development into undeveloped/agricultural areas.

B. To provide appropriate areas for certain predominately open space uses of land that are not injurious to agricultural/open space uses but which may not be harmonious with urban uses.

C. To preserve in agricultural use/open space land suited for eventual development into other uses until such time as streets, utilities, and other infrastructure may be provided in order to ensure the orderly conversion of the lands from agriculture to urban use.

10.36.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 10.08.030.

10.36.030 Lot area.

The minimum lot area is 10 acres.

6.8 Consent Page 132
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 107 2024

10.36.040 Lot dimensions.

There are no minimum lot dimensions.

10.36.050 Coverage.

The maximum coverage of a lot shall be no more than 10 percent for permitted uses and no more than 20 percent for conditional uses.

10.36.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 35 feet from the front lot line.

C. The rear building setback shall be a minimum of 15 feet from the rear lot line.

D. The side building setback area shall be a minimum of 15 feet from an interior side or street side property line.

E. Any structure used to contain animals or fowl shall be set back at least 200 feet from any residential or commercial zoned parcel or any school or institution used for human care.

10.36.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

10.36.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 75 feet may be permitted in accordance with Chapter 10.60 Conditional Use Permits.

10.36.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

10.36.100 Other setback standards.

Mechanical equipment shall be located a minimum of 25 feet from every lot line.

10.36.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54.

10.36.120 Accessory structures.

A. Agricultural accessory structures shall, unless otherwise regulated by this title, be permitted in the agriculture and rural residential zone districts and these same districts when attached to an overlay zone.

B. Development standards:

1. Maximum height: 80 feet.

2. Setback: The following are setback standards for agriculture accessory structures unless otherwise stipulated in this chapter:

6.8 Consent Page 133
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 108 2024
a. Front yard setback: same as front yard setback for the district in which the accessory structure is being placed.
b. Rear yard setback: accessory structures that do not exceed six feet in height may be located in any rear yard area so long as the area of the structure does not exceed 50 square feet. In the case where the accessory structure will not exceed 12 feet in height, the rear yard setback shall be three feet.
c. Side yard setback: same as the side yard setback for the district in which the accessory structure is being placed, except in the case where the accessory structure will not exceed 12 feet in height, the side yard setback shall be three feet. d. Side yard, street side setback: accessory structures that do not exceed six feet in height may be located in any street side yard area so long as the area of the structure does not exceed 50 square feet.

C. Distance between structures: the distance between a structure used for human habitation and a structure used for livestock shall be 40 feet.

10.36.130 Usable open space.

There is no required usable open space.

10.36.140 Landscaping.

10.36.150 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Section 10.50.040.

10.36.160 Signs.

Signs placed in the A zone shall be subject to the requirements and standards prescribed in Chapter

10.56. 10.36.170 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 10.50.

6.8 Consent Page 134
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 109 2024
Chapter 10.38

HISTORIC SITE AND HISTORIC NEIGHBORHOOD OVERLAY
ZONE
Sections:

10.38.010 Purpose.

10.38.020 Definitions.

10.38.030 Duties and powers of the Planning Commission.

10.38.040 Designation criteria.

10.38.050 Designation process.

10.38.060 Historic resources.

10.38.070 Local historic districts.

10.38.080 National Register historic districts or structures.

10.38.090 Adoption by Council.

10.38.100 Amendment or rescission of designation.

10.38.110 Local Register of Historic Resources.

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

10.38.130 Historic resource permit review process.

10.38.140 Historic district permit review process.

10.38.150 Conditional uses.

10.38.160 Appeal procedure.

10.38.170 Finality of decision.

10.38.180 Substandard buildings.

10.38.190 Advice and guidance to property owners.

10.38.200 Property owned by public agencies.

10.38.210 Fire and building codes.

10.38.220 Minimum maintenance.

10.38.230 Status of properties previously designated.

10.38.240 Civil and criminal penalties.

10.38.250 Severability.

10.38.010 Purpose.

A. The purpose of this chapter is to continue to preserve, promote, and enhance the historic resources and designated historic districts of the City for the educational, cultural, economic, and general welfare of the public; to continue to protect and review changes to these resources and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation; to continue to safeguard the heritage of this City by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history; to continue to preserve and enhance the environmental quality and safety of these

6.8 Consent Page 135
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 110 2024
landmarks and districts; to continue to establish, stabilize and improve property values and to foster economic development.

B. The Council finds that the City has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the City. The Council finds that the distinctive and significant character of the City can best be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its historic resources and districts which are important community assets.

C. The Council finds that this chapter benefits all of the residents of the City and all owners of the property and declares as a matter of public policy that the preservation, protection, and use of historic resources and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this City and State. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people. The designation and preservation of historic resources and districts and the regulation of alterations, additions, repairs, signs, removal, demolition, or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.

10.38.020 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions, and provisions contained in Section 10.98 shall also govern the construction, meaning, and application of words and phrases used in this chapter.

The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
“Alteration” means any change or modification requiring a City permit, through public or private action, of any designated historic resource or any property located within a designated historic district, including, but not limited to, exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the resource or property. “Architectural design review committee” means the entity created to make recommendations to the Planning Commission regarding new development, modifications, or alterations to resources within the district.
“Building” means any construction created primarily to shelter any form of human activity, including accessory structures and garages.
“California Register of Historical Resources” means the authoritative guide in California to be used by State and local agencies, private groups, and citizens to identify the State’s historical

6.8 Consent Page 136
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 111 2024
resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.
“Commission” means the City of Tulare Planning Commission. “Contributor to a local historic district” means an individual historic resource that contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.
“Contributor to a National Register Historic District” means an individual historic resource that contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.
“Cultural” means, as used in this chapter, shall include traditional cultures, including, but not limited to, Native American or other identifiable ethnic groups. “Demolition” means the act that destroys in whole or in part a designated historic resource. “Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outside surfaces of a building, structure, or object, including, but not limited to, the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. “Historic resource” means any building, structure, object, or site that has been in existence for more than 45 years and possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter.
“Landscaping” means designed and non-designed landscapes, including vegetation, natural features, structures, objects, roads, or waterways, designed, shaped, or modified by human activity.

Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary resource; and has been designated as such by the Council pursuant to the provisions of this chapter.
“Local register of historic resources” means the inventory of buildings, structures, objects, sites, and districts designated by the Council as historic resources or historic districts pursuant to the provisions of this chapter.
“Local Historic District (LHD)” means any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.

6.8 Consent Page 137
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 112 2024
“National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, and culture as authorized by the National Historic Preservation Act of 1966. “National Register Historic District (NRD)” means any finite group of resources related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.
“Non-contributor” means any building, structure, object, or site that does not contribute to the significance of the historic district in which it is located. “Object” means any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as a fountain or sign. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. “Preservation/District Plan” means the plan adopted after the formation of a historic district, which shall govern the manner in which the preservation objectives of the district will be attained. “Reconstruction” means the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specified period of time.
“Regulated permits” means any permit issued for any work on a historic resource or within any historic district.
“Rehabilitation” means the act or process of making a compatible use of a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values.
“Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
“Secretary” means the Director or his or her designee.
“Secretary of the Interior’s Standards” means The Secretary of the Interior’s Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior. “Site” means the location of a significant event, a prehistoric or historic occupation, or an activity where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure, including, but not limited to, a designed landscape or the ruins of a building or structure.
“Specialist” means a person or person designated by the Director to serve as a preservation specialist to assist the City.

6.8 Consent Page 138
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 113 2024
“Stabilization” means the act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. “State Historic Building Code” means Title 24, Building Standards, Part 8, California Code of Regulations.
“Structure” means Any construction created for purposes other than creating human shelter, including, but not limited to, a bridge or water tower. “Survey” means historic resource surveys conducted under the auspices of the City. “Unreasonable economic hardship” means facts and circumstances that establish that there are no feasible measures that can be taken that will enable the property owner to make reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.

10.38.030 Duties and powers of the Planning Commission.

A. In regard to this chapter, the primary duties of the Planning Commission shall be:

1. The identification, designation, and preservation of historic resources and historic districts owned by the City or located within the city limits.

2. The regulation of exterior alterations visible from a public right-of-way, including demolition, relocation, new construction, and interior alterations, which would affect the significance of historic resources or historic districts.

B. The Commission shall have the following additional duties and powers:

1. Conduct studies and evaluations of applications requesting the designation of historic districts and make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter.

2. Adopt specific guidelines for the designation of historic resources, historic districts, and heritage properties as it deems necessary to effectuate the purposes of this chapter.

3. Maintain a current listing and description of designated historic resources and historic districts and transmit copies and updates of such listings to all appropriate City agencies and departments as determined by the Secretary to the Commission.

4. Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the City.

5. Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic resources and historic districts as the Commission deems appropriate.

6. Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency or department of the City, County, or State as they relate to designated historic resources and historic districts as the Commission deems appropriate.

7. Establish criteria and conduct or cause to be conducted historical resource surveys of properties within the city limits in accordance with State survey standards and procedures;

6.8 Consent Page 139
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 114 2024
submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.

8. Recommend internal procedures to facilitate the use of such adopted historical resource surveys in planning and development processes by all relevant City agencies and departments.

9. Publicize, maintain, and periodically update such historical resource surveys in accordance with State survey standards and procedures.

10. Adopt procedural rules for the systematic review of such historical resource surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein.

11. Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.

12. Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter.

13. Adopt, promulgate, amend, and rescind, from time to time, such rules, guidelines, and regulations as the Commission may deem necessary to effectuate the purposes of this chapter.

14. Provide a suitable sign, plaque, or other marker at public or private expense on or near the historic resource or district (LHD or NRD), indicating that the resource or district (LHD or NRD) has been so designated. The sign, plaque, or other marker shall contain information and data deemed appropriate by the Commission, and its placement shall be at the discretion of the owner.

15. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions as a matter of public record.

16. Render advice and guidance, upon the request of a property owner or tenant, on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping, or maintenance of any historic resource or any contributor to any historic district (LHD or NRD).

17. Investigate and report to the Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote historic resource preservation in the City.

18. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic resources and provide for public participation in all aspects of the City’s historic preservation programs.

6.8 Consent Page 140
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 115 2024

10.38.040 Designation criteria.

A. Historic resources. Any building, structure, object, or site may be designated as a historic resource if it is found by the Commission and Council to meet the following criteria:

1. It has been in existence for more than 50 years, and it possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and:
a. It is associated with events that have made a significant contribution to the broad patterns of our history.
b. It is associated with the lives of persons significant in our past. c. It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values. d. It has yielded or may be likely to yield, information important in prehistory or history.

2. It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, State, or national.

B. Local historic districts. Any finite group of resources (buildings, structures, objects, or sites) may be designated as a local historic district if it meets the definition set forth in Section

10.38.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50 percent of the resources within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

1. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural heritage.

2. It is identified with a person or group that contributed significantly to the culture and development of the City.

3. It embodies distinctive characteristics of a style, type, period, or method of construction or is a valuable example of the use of indigenous materials or craftsmanship.

4. Structures within the area exemplify a particular architectural style or way of life important to the City.

5. The area is related to a designated historic resource or district in such a way that its preservation is essential to the integrity of the designated resource or local historic district.

6. The area has the potential to yield information of archaeological interest.

C. National Register historic districts. The nomination of any finite group of resources (buildings, structures, objects, or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50 percent of the property owners within the proposed National Register historic district.

D. Contributors to historic districts. Any building, structure, object, or site may be designated as a contributor to a local historic district or a proposed National Register historic district if it contributes to the significance of the specific historic district under the criteria set forth above in this section.

6.8 Consent Page 141
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 116 2024

10.38.050 Designation process.

A. Buildings, structures, objects, sites, and districts may be considered for designation as historic resources, local historic districts, or National Register historic district under this chapter as set forth in Sections 10.38.060, 10.36.070, and 10.38.080.

B. Historic resources and districts shall be adopted by ordinance pursuant to Chapter 10.86, Zoning Ordinance Amendments. In the case of historic resources, the resource shall be designated on the Official Zoning Map with the base zone district followed by the Historic Site And Historic Neighborhood Overlay zone notation (H). For example, a single-family property that is designated a historic resource shall have the notation R-1-6(H).

C. In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic resources, and contributing resources shall be subject to the historic district permit review process.

10.38.060 Historic resources.

A. Requests for designation. Designation of a historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the City, using a form approved by the Secretary and shall include the following information:

1. The Assessor’s parcel number for the property containing the building, structure, object, or site proposed for designation, along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s).

2. Whether the proposed historic resource takes the form of a building, structure, object, or site, as defined in this chapter.

3. A description of the specific building, structure, object, or site proposed for designation, including, but not limited to, its dates of construction, significant alterations, and architectural style.

4. The manner in which the proposed building, structure, object, or site meets the criteria for designation contained in Section 10.38.040.

5. Current photographs of all aspects of the proposed historic resource, supplemented by sketches, drawings, or other descriptive materials.

6. A description of the physical condition and appearance of the proposed historic resource.

7. If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal is in opposition to the submission or has declined to state a position on the issue; however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource under this section.

8. Completed California Department of Parks and Recreation Primary Record and Building, Structure, and Object #523 forms for the proposed historic resource.

B. Procedural requirements in advance of the hearing.

1. The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the

6.8 Consent Page 142
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 117 2024
application will be scheduled when the Department determines that the application is complete.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition, or removal of such property, and no permit to undertake such work shall be issued by the City for 90 days from the date the Department mails the notice of hearing to determine historic resource designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate City officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.

4. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resource, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

5. Prior to the Commission’s hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction, or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.

C. Commission hearing.

1. The Commission shall review all materials prepared and submitted and vote on the designation recommendation.

2. At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval, or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing.

3. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.

4. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of

6.8 Consent Page 143
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 118 2024
the Council. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.070 Local historic districts.

A. Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and if recommended by the Commission, a subsequent, formal submission.

B. Initial application.

1. The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
a. Proposed district boundaries.
b. A statement of how the proposed local historic district meets the designation criteria of Section 10.36.040.

2. The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district.

C. Formal application. The formal application for local historic district designation consideration must have written consent from a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property, and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:

1. A clearly defined and explained boundary for the proposed district is shown on an assessor’s map or maps.

2. A concise description of the general physical or historical elements (buildings, structures, objects, and sites) and qualities that make this area a local historic district with a description of building types, architectural styles, and periods represented in the proposed district.

3. A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district’s historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in Section 10.38.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in Section 10.38.040(C).

4. A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance.

6.8 Consent Page 144
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 119 2024

5. A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resources.

6. Photographs of streetscapes in the proposed district and the contributing and noncontributing resources.

7. Completed Department of Parks and Recreation #523 forms for each building, structure, object, or site within the proposed local historic district, which also identify the potential contributors and non-contributors to the district.

8. Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.

9. The signed property owners’ consent form, which shall clearly indicate the name, district property address, district property parcel number, and mailing address of each consenting property owner.

D. Procedural requirements in advance of the hearing.

1. The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter.

A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.

2. A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. No permit shall be issued by the City for the undertaking of any alteration, construction, grading, demolition, or removal of any property within a proposed historic district, and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation.

If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.

E. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked,

6.8 Consent Page 145
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 120 2024
provided that construction is started and diligently pursued to completion in accordance with the building code.

F. Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.

2. Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed.

3. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.

4. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.

5. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

G. Adoption of a Preservation/District Plan. After the adoption of the designation for a historic district by the Council pursuant to Section 10.36.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:

1. A statement of significance that includes a description of contributing resources and significant elements.

2. The goals and objectives of the proposed district.

3. The means by which preservation objectives will be enforced:
a. A proposed Design Review Committee with all conditions for formation, membership, and operations specified.
b. The Planning Commission serving as the Design Review Committee for the local historic district.
c. An Architectural Plan Design Review Committee with all conditions for formation, membership, and operations specified.

4. Identification of the standards and guidelines that will be applied to design review within the district.

5. The activities regulated by the Preservation/District Plan that shall exclude activities determined exempt under this chapter.

6.8 Consent Page 146
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 121 2024

6. The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.

10.38.080 National Register of historic districts or structures.

A. Requests for recommendation. Recommendation to designate a local historic district or a structure to the National Register of Historic Places may be requested by more than 50 percent of the property owners within such historic district or by the Commission or Council.

B. Procedural requirements in advance of the hearing.

1. An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register Historic District at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as deemed necessary.

3. The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places.

C. Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the district recommendation.

2. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation.

3. Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Council.

4. The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.090 Adoption by Council.

A. The sole authority to declare historic resources or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission’s responsibilities under the designation process set forth above in Section 10.38.050.

B. Within 30 days following receipt by the City Clerk of the Commission’s recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council. Following such hearing, the City Council shall adopt, modify, or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to

6.8 Consent Page 147
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 122 2024
the district. In the alternative, the City Council may continue its consideration of the matter or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration, or study within a period of time designated by the City Council. Adoption of the designation shall be made by resolution, which shall contain findings of fact.

C. Within 10 days of the Council’s decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate.

D. No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider shall be treated as a new proposal for designation pursuant to Sections 10.36.060,

10.36.070, or 10.36.080.

10.38.100 Amendment or rescission of designation.

The City Council may amend or rescind any designation of a historic resource, a historic district, a contributor to a historic district, or a non-contributor to a historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation, or a change of circumstances, conditions, or factors that justified the change in the designation of the resource or district.

10.38.110 Local Register of Historic Resources.

Ordinances adopting designations of historic resources and local historic districts shall collectively be known as the Local Register of Historic Resources. The local register shall be kept on file with the Secretary, who shall transmit copies to the various City officers.

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

When a designated historic resource has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such resource to be deleted from the Local Register of Historic Resources and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property.

10.38.130 Historic resource permit review process.

A. It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any historic resource without first obtaining a City permit and the approval of the Planning Commission.

B. Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any historic resource, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic resource based on the application presented.

6.8 Consent Page 148
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 123 2024
C. Any application or proposal that proposes the substantial alteration of a historic resource shall also be referred to the Secretary or his or her designee for review.

D. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic resource covered by this chapter that does not involve a change in design, materials, or external appearance.

E. Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal, or substantial alteration of the historic resource is immediately necessary to protect the public health, safety, or general welfare.

F. After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.

G. No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:

1. The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior’s Standards, and not detrimental to the special historical, architectural, or aesthetic interest or value of the historic resource.

2. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

3. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

4. The site is required for public use, which will directly benefit the public health, safety, and welfare and will be of more benefit to the public than the historic resource.

5. For applications for relocation of a historic resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resource, and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.

H. Any finding that denial of the application or proposal will result in unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the City. This “afterrehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that the property could generate after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.

6.8 Consent Page 149
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 124 2024
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

3. The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

4. If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20 percent, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

I. If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

J. The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the City. The notice shall contain the Commission’s findings in support thereof.

10.38.140 Historic district permit review process.

A. It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any property within any historic district without first obtaining a City permit and written approval of the Planning Commission.

B. Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any property within any historic district, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve nonsubstantial alterations to the property based on the application presented.

C. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, materials, or external appearance.

D. Nothing in this section shall be construed to prevent the Director from issuing a building permit if it is determined that demolition, removal, or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety, or general welfare.

E. After consideration of the final environmental document, all evidence, and testimony, the Commission shall have the authority to approve, deny, or approve, with modifications, any proposed application or permit application.

F. No application shall be approved with modifications unless the Commission makes the following findings:

6.8 Consent Page 150
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 125 2024

1. For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district’s adopted design standards.

2. For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

3. For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

4. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

5. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

6. For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resource, and that the relocation is part of a definitive series of actions which will assure the preservation of the resource.

G. Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This “after-rehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

6.8 Consent Page 151
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 126 2024

3. The monetary cost of an appropriate rehabilitation of the resource, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

H. A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to Section 10.36.160.

I. If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

J. The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission’s findings in support thereof.

10.38.150 Conditional uses.

A. Conditional uses in the Historic Site and Historic Neighborhood Overlay zone shall include all uses that are conditional in the base zoning district or are listed as follows:

1. Art and antique shops.

2. Art and craft schools.

3. Art supply and hobby shops.

4. Bed and breakfast establishments.

5. Beauty salons and barber shops.

6. Floral shops.

7. Gift and souvenir stores.

8. Meeting halls.

9. Multi-family dwellings, not exceeding one unit per 3,000 square feet.

10. Music or dance studios.

11. Photography studios.

12. Offices.

13. Restaurants.

14. Stamp and coin stores.

15. Shoe repair shop.

16. Travel bureaus.

17. Any other use deemed appropriate by the Planning Commission.

6.8 Consent Page 152
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 127 2024
B. The above conditional uses are allowed in residential zones subject to securing a conditional use permit pursuant to Chapter 10.80.

10.38.160 Appeal procedure.

All appeals shall be considered pursuant to Chapter 10.70.

10.38.170 Finality of decision.

Any decision of the Council under this chapter shall be final. Any decision of the Commission under Sections 10.36.130 or 10.36.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall be issued, nor shall any rights vest therein, until the decision of the Commission is final or any appeal therefrom is disposed of in the manner prescribed by this chapter.

10.38.180 Substandard buildings.

A. The Building Official shall notify the Secretary whenever such official declares a historic resource or any structure within a historic district to be substandard or unsafe pursuant to the California Building Code.

B. Where any historic resource has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such resource to be removed from any historic list.

10.38.190 Advice and guidance to property owners.

A. The Commission may render advice and guidance with respect to any proposed work not requiring a City permit on any designated historic resource or any property within any historic district.

B. Examples of work referred to above are painting and repainting of exterior surfaces, fencing, landscaping, and installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter.

10.38.200 Property owned by public agencies.

A. The Commission shall take appropriate steps to notify all public agencies and public utilities that own or may acquire property, including easements and public rights-of-way, in the City about the existence and character of designated historic resources and historic districts, and the Commission shall cause a current record of such resources and districts to be maintained with each such public agency and public utility. All such designated resources and districts shall be subject to the provisions of this chapter regardless of ownership.

B. In the case of publicly owned properties that are not subject to the permit review procedures of the City, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter. If the Commission review of a public project involving construction, alteration, or demolition of any building, structure, object, or site is

6.8 Consent Page 153
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 128 2024
required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor.

10.38.210 Fire and building codes.

Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter.

10.38.220 Minimum maintenance.

A. All designated historic resources, including contributors to any historic district, shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating the demolition of a historic resource by neglecting it and by permitting damage to it by weather and vandalism.

B. Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:

1. Building elements so attached that they may fall and injure members of the public or property.

2. Deteriorated or inadequate foundation.

3. Defective or deteriorated flooring.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration.

6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration.

7. Deteriorated, crumbling, or loose exterior plaster.

8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.

9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight.

10.38.230 Status of properties previously designated.

A. All historic properties previously designated under this chapter shall remain unless otherwise removed as a historic property.

B. All existing “H” overlay properties shall be considered historic resources.

6.8 Consent Page 154
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 129 2024

10.38.240 Civil and criminal penalties.

It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of a historic resource or a building, structure, object, or site within a historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object, or site to its appearance or condition prior to the violation under the guidance of the Community Development Department.

10.38.250 Severability.

If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

6.8 Consent Page 155
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 130 2024
Chapter 10.40

PLANNED UNIT DEVELOPMENT OVERLAY ZONE
Sections:

10.40.010 Purpose.

10.40.020 Application procedure.

10.40.030 Allowed planned unit developments.

10.40.040 Prohibited planned unit developments.

10.40.050 Site area.

10.40.060 Small Lot Residential PUD.

10.40.070 Findings.

10.40.080 Conditions of approval.

10.40.090 Notice of decision.

10.40.100 Appeals.

10.40.110 Life of permits and extensions of time.

10.40.120 Revocation.

10.40.010 Purpose.

A planned unit development (PUD) can achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. The Planned Unit Development Overlay zone is designed to produce a comprehensive development that is equal to or better than that resulting from residential development developed under more traditional zoning regulations.

10.40.020 Application procedure.

A. Applications for a planned unit development shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments. Any single-family residential zone district contained in this chapter may be combined with the Planned Unit Development Overlay zone. The tentative subdivision map or residential development plan that accompanies an application for reclassification shall be reviewed by the Director to determine consistency with the provisions of this chapter. The map or plan shall include the following information:

1. Legal description and boundary survey map of the exterior boundaries of the parcel to be developed.

2. Plot plan of land to be developed, showing residential uses by type, number and size; residential lots by type, number and size; open space uses; streets, rights-of-way and easements; and proposed on-site and off-site improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure.

3. A grading and drainage plan, showing elevations, directions of water flow, and storm drainage improvements.

4. Concept plans that demonstrate the overall scope of the residential development.

6.8 Consent Page 156
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 131 2024

5. A preliminary utilities and title report.

6. The anticipated timing of each development phase.

7. Elevation drawings of residential structures in the development.

B. Zone districts that are combined with the Planned Unit Development Overlay zone shall be designated on the Official Zoning Map with the base zone district followed by the Planned Unit Development Overlay zone notation (PUD).

10.40.030 Allowed planned unit developments.

A planned unit development may be utilized to achieve one or more of the following objectives:

A. To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located.

B. To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located and allow for averaging of lot sizes to create greater flexibility in subdivision design.

C. To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title.

D. To permit Small Lot Residential developments in accordance with 10.40.060 below.

E. To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.

F. Allow for the placement of duplexes on corner lots within single-family residential developments.

G. Provide for the integration of neighborhood parks.

H. To permit variations to the standard local street cross-sections within private gated neighborhoods subject to the review and approval of the City Engineer.

I. To permit private streets, residential lots fronting on a private street, and gated neighborhoods.

J. To reduce the amount of required parking spaces when spaces are shared among multiple land uses.

10.40.040 Prohibited planned unit developments.

A planned unit development is prohibited from being used to achieve one or more of the following:

A. To add land uses that are not otherwise permitted in the zone district in which the PUD is located.

B. To increase residential densities beyond the maximum allowed by the General Plan.

C. To modify sign standards or provisions in Chapter 10.56.

D. To modify parking and loading standards or provisions in Chapter 10.54, except as stated in Section 10.40.030.

6.8 Consent Page 157
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 132 2024

10.40.050 Site area.

A. The minimum site area for a planned unit development shall be four acres, except that there shall be no minimum site area requirements if the site is an infill development site.

B. The site area may be made up of more than one parcel, however, all parcels in the site area shall be contiguous.

10.40.060 Small Lot Residential PUD.

A. The purpose of the Small Lot Residential PUD is to provide living areas within the City where development is proposed to achieve compact development with lot sizes in the range of 3,200 square feet to 4,000 square feet.

B. The objectives of the Small Lot Residential PUD are:

1. The development of compact single-family residential neighborhoods at densities typically in the six to eight units per acre range.

2. The development of compact residential neighborhoods that exhibit high standards of design and are within close proximity to private or public parks or amenities.

3. To provide for a compact development with narrow lot widths that minimize the dominant characteristics of garages on the streetscape.

4. To provide for an additional housing type and address issues of affordability.

C. A Small Lot Residential development may be located on any land designated R-1-4, low density residential, on the Official Zoning Map.

D. Each small lot residential development shall submit a PUD application for approval by the Planning Commission.

E. Development standards shall be as follows:

1. Minimum site area: 3,200 square feet.

2. Minimum lot width: 40 feet if there is no alley, but 30 feet if there is an alley.

3. Minimum lot depth: 65 feet.

4. Density: no more than one dwelling shall be located on each parcel with the exception of ADUs consistent with Section 10.60.030.

5. Lot coverage: 60 percent maximum including the dwelling and the garage. Porches, driveways, patios, and other non-landscaped areas are excluded.

6. Front building setback: no less than seven feet and no more than 12 feet. Garages. Porches cannot encroach into the minimum front setback area.

7. Rear building setback: a minimum of four feet, except no rear yard is required if the rear property line abuts an ally.

8. Interior side building setback: a minimum of 4 feet on each side to provide a minimum of eight feet of separation between buildings. Zero lot lines can be approved with an eightfoot separation. An additional two feet of setback shall be provided for each additional story of building height.

6.8 Consent Page 158
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 133 2024

9. Street side yard setbacks on corner lots shall comply with front yard setbacks.

10. Building height: the maximum height of a permitted use and its accessory structures is 30 feet. A maximum height of 40 feet may be approved through a conditional use permit.

11. Fences, walls, and hedges shall be the same as required in the R-1-4 zone.

12. Off-street parking:
a. Each unit shall provide for a two-car garage. Each garage shall have a minimum depth of 20 feet and a minimum width of 18 ft. All parking spaces and driveways shall be paved in accordance with Chapter 10.54.
b. A garage facing an alley shall have a four-foot apron. c. A garage facing a courtyard shall have an apron of not less than six feet or more than 18 feet.
d. A garage facing a street shall be setback 20 feet from the property line and shall be recessed at least five feet from the front building elevation (including porches). If development establishes private streets or sidewalks, garages facing a street shall provide a 20 ft. apron. The 20 ft. apron shall not include any part of the sidewalk. The garage shall not extend more than 50 percent of the lot width.

13. New development is required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage facilities lines, curbs, gutters, sidewalks, street paving, and street lighting.

These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications and shall be installed prior to occupancy of any structures on the site.

14. Alley/driveways: each alley or private driveway shall be 20 feet in width with an approved turning radius to accommodate garbage trucks. Each alley/driveway shall be designed to allow for the exiting of garbage trucks.

F. Design standards shall be as follows:

1. Horizontal and vertical relief shall be provided for the second and third floors. Acceptable elements include recessed stories, awnings, recessed wall planes, and architectural details that break up flat elevation expanses.

2. Mirror house plans shall not be provided on consecutive lots.

3. Guest parking shall be provided on-site for the development of 20 units or more at a ratio of one guest space per five units. Parking areas in driveways shall not be counted as guest parking.

4. No carports are allowed as garages.

5. If off-street parking is provided on the driveways, parking shall be designed as to not interfere with pedestrian circulation along the sidewalk.

6. Each unit that proposes a “common” wall with an adjacent unit shall have attic separation and independent water meters and sewer laterals.

7. Utility infrastructure shall be located in areas that are not highly visible from public streets.

6.8 Consent Page 159
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 134 2024

8. Private streets may be allowed with 36 feet curb to curb and a six-foot adjacent sidewalk for a total right-of-way of 48 feet.

9. Where private streets and common areas are proposed, a Home Owners Association (HOA) or similar entity shall be established.

10. Small lot residential developments accessing a central courtyard area serving no more than six units shall provide a driveway width of 20 feet in addition to any garage apron and landscape setback.

11. When the garage is provided in the front, two houses shall not be designed to have their garages abutting each other and therefore having a common wall. Mirror house plans shall never be provided in consecutive lots.

12. The garage, whether located in the front or the rear, shall always be designed as an enclosed building unit, with a designed door that has a similar architectural detail as the main elevation’s theme.

13. The garage roof design shall have a similar architectural appearance and the same building materials as the house roof.

14. All garages in the rear shall be provided with automatic doors to facilitate security of residents.

G. Open Space design standards shall be as follows:

1. An area of 325 sq. ft. per dwelling unit is required, with a minimum size of one-half acre.

When the overall development area is elongated or otherwise very irregular, the required open space can be split into two or more small open spaces.

2. Open space areas shall be centrally located and accessible through pedestrian trails, bike paths, streets, etc. Average walking distance for amenities shall be a quarter mile or less.

3. Areas of open space shall be regular and geometrically defined areas that are usable and where the community can locate tot lots, picnic areas, recreational activities, etc. Areas leftover of subdivision design (comer areas, areas otherwise not usable for residential, etc.) do not count as open space. Lots that were designed for residential use cannot be eliminated and simply assumed as open space to meet the open space criteria.

4. Water retention basins and drainage retention areas may be incorporated as controlled recreational-visual areas within the open space when designed accordingly and not as squared-fenced isolated water bodies.

5. Required open space may be either private or public open space maintained by an HOA or through the creation of a Landscape/Lighting District or other City approved maintenance entity.

6. All developments shall provide open space as required by this section and shall provide inlieu fees for any remaining Quimby requirement. Open space provided as part of the development will be credited toward fulfillment of the subdivision’s Quimby Act requirement.

H. Street Design standards shall be as follows:

6.8 Consent Page 160
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 135 2024

1. Street design shall foster the interconnectivity of streets and blocks to favor both automobile and pedestrian circulation.

2. All streets shall be provided with sidewalks.

3. The right-of-way of local streets shall meet the adopted City standard.

4. Travel lanes shall be in compliance with adopted City standards.

5. Landscape provided along local roads shall be designed with trees specified in the adopted street tree species list.

I. Alley Design standards shall be as follows:

1. Alleys shall be designed with a minimum clearance of 20 feet for free circulation of utility trucks.

2. Alleys may have a landscape and apron area with access to the garage that shall not exceed four feet wide.

3. Landscape provided in the alley shall be of species whose foliage grows vertically so the free access of utility trucks and cars is not impeded.

4. On-street parking in the alley is prohibited.

5. A lighting plan shall be provided with alley design submittals.

J. Streetscape Design standards shall be as follows:

1. Each subdivision shall have at least three different floor plans with three elevations each.

2. Not two identical elevations can be adjacent to each other, and elevations that mirror to each other shall not be placed consecutively.

3. The roof design of each house shall include various volumetric elements that compose the entire elevation.

4. The landscape strip along streets shall be provided with at least one tree per dwelling unit.

10.40.070 Findings.

A. Before a planned unit development can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 10.70:

1. That the proposed project is consistent with the purpose and objectives of this chapter and the zone district in which the project is located.

2. That the proposed project is consistent with the Tulare General Plan.

3. The PUD is being proposed to achieve one or more of the objectives identified in Section

10.40.030.

4. The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

5. The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion, and will not overload utilities.

6.8 Consent Page 161
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 136 2024

6. That PUD’s population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the purpose of this title.

7. The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will complement each other and will harmonize with the existing and proposed land uses in the vicinity.

B. A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

10.40.080 Conditions of approval.

The reviewing authority may place conditions of approval on the planned unit development that promote well-planned neighborhoods, protect the public interests, health, safety, convenience, or welfare of the city, or that mitigate any impacts to surrounding properties.

10.40.090 Notice of decision.

A notice of decision of a planned unit development permit shall be processed consistent with Chapter 10.70.

10.40.100 Appeals.

Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 10.70.

10.40.110 Life of permits and extensions of time.

The initial life and subsequent extensions of time for a PUD shall be per Chapter 10.70, except that when any PUD is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16, the PUD shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the PUD.

10.40.120 Revocation.

Revocation of an approved PUD shall be conducted consistent with procedures and notice requirements in Chapter 10.70.

6.8 Consent Page 162
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 137 2024
Chapter 10.42

DOWNTOWN OVERLAY ZONE
Sections:

10.42.010 Purpose.

10.42.020 Application.

10.42.030 Permitted & Conditional Uses.

10.42.040 Development standards.

10.42.050 Off-Street parking.

10.42.060 Landscaping.

10.42.070 Screening, fences, and walls.

10.42.080 Signs.

10.42.090 Design standards.

10.42.010 Purpose.

The purpose of the Downtown Overlay zone is to ensure that Tulare’s Downtown can attract and retain businesses that appeal to residents and visitors alike and create a welcoming and unique environment that represents the community of Tulare. The objectives of the Downtown Overlay zone are:

A. Enhance efforts aimed at economic development by fostering an environment conducive to business success in the downtown area.

B. Generate pride and confidence in the downtown area.

C. Create an attractive environment that is active throughout the day and evening.

D. Establish downtown development and design standards that will create a unified, yet distinctive, and attractive urban character that respects the historical context that has been established and serves the city for the long term.

E. Present a recognizable, cohesive theme within the downtown with enhanced streetscapes, distinct landscaping, wayfinding features, and branding to define the identity of the downtown.

F. Encourage pedestrian activity by facilitating building design that places retail, restaurant, and entertainment uses on the ground floor.

10.42.020 Application.

A. This chapter shall apply to all land within the Downtown Overlay zone, as defined on the Zoning Map.

B. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

6.8 Consent Page 163
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 138 2024

10.42.030 Permitted & Conditional Uses.

A. Permitted uses in the Downtown Overlay zone shall include all uses that are permitted in the base zoning district. The following uses are permitted in the Downtown Overlay zone, regardless of the base zoning:

1. A combination of permitted uses on one parcel or in shared buildings.

B. Conditional uses in the Downtown Overlay zone shall include all uses that are conditional in the base zoning district. The following uses are allowed with the approval of a conditional use permit in the Downtown Overlay zone, regardless of the base zoning:

1. Multi-family housing development with an overall density of at least eight but no more than 29 units per acre.

2. Mixed-use developments that include both commercial and residential uses on the same parcel.

3. Adjoining parcels with differing base zoning districts or a single parcel with existing split zoning may be developed as one project that includes permitted and conditional uses from both base zoning districts without regard to district boundaries.

10.42.040 Development standards.

The following development standards shall apply to all land and structures within this district.

A. There shall be no required minimum site area.

B. There shall be no minimum frontage width or depth requirement.

C. There shall be no maximum lot coverage.

D. Setbacks. To the extent practical, new construction shall follow the prevailing building pattern where buildings are constructed at the front of the lot with parking situated to the rear or side, as follows:

1. Buildings shall be designed so that at least one-half of the parcel frontage shall abut a building wall.

2. There shall be no required side building setback, except that buildings located on corner lots shall be designed so that at least one-half of the side lot line abuts a building wall.

3. There shall be no required rear building setback.

4. There is no minimum distance between structures required, except that all building code requirements shall be met.

5. The maximum structure height shall be 60 feet.

10.42.050 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 10.54. Parking lots shall be developed as identified below:

A. To the extent practical, parking lots shall be located as much as possible to the rear of buildings.

B. Parking lots located between the front property line and the primary entrance are prohibited.

6.8 Consent Page 164
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 139 2024
C. Parking lots constructed adjacent to any street right-of-way shall be set back a minimum of five feet from the property line. The parking lot shall be screened by a minimum four-foot-tall solid wall and landscaping.

10.42.060 Landscaping.

A. Landscaping shall be provided for each new use as prescribed in Chapter 10.52 Landscape Standards.

B. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 10.52.

10.42.070 Screening, fences, and walls.

A. The fences in the Downtown Overlay zone shall conform to the design standards provided in Section 10.50.040.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Maximum fence height shall be seven feet, except for walls constructed in pedestrian plazas.

2. Materials and colors used for fences and walls shall be complementary to the materials and colors used in buildings located on the site.

3. Walls: walls up to 30 inches tall (which can be used for sitting) may be located on the property line for restaurants or other uses utilizing the plaza for retailing or other similar outdoor uses.

D. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

10.42.080 Signs.

Signs placed in the Downtown Overlay zone shall be subject to the requirements and standards prescribed in Chapter 10.56.

10.42.090 Design standards.

A. Storefront construction. Ground-floor storefronts should have a minimum of 60 percent transparent space (windows).

B. Side walls. Blank, solid end walls, or side walls visible from public view are discouraged. If the walls are necessary (based on interior design), the structure wall shall receive some form of articulation or “add-on” elements such as awnings, cornice bands, murals, etc.

C. Facade. The facade appearance of adjacent structures shall be considered in the design of new buildings to avoid clashes in architectural style and materials.

D. Roofline. The roofline of buildings shall be considered an important element in the overall building design. Decorative embellishments at the roofline such as cornices, or changes in height, material, color, or shape are encouraged.

6.8 Consent Page 165
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 140 2024
E. Canopies and awnings.

1. Canopies and awnings shall respect the character and style of the structure on which they are located, particularly in the material, color, and size.

2. Canopies shall be sized so that they do not obscure significant architectural features or cover transom windows above the canopy.

3. The minimum clearance of a canopy or awning (including any attached hanging signs) shall be eight feet from the lowest point to the sidewalk.

F. Doors and windows.

1. The design and location of doors and windows shall consider the architectural character of the surrounding area. The use of simple wood and glass doors and windows is encouraged.

Where aluminum is used, a dark anodized or baked enamel finish shall be used.

2. Clear glass should be used on ground floor windows to promote window shopping, visual displays, and pedestrian activity. Tinted glass allowing a minimum 50 percent light transmission will be considered only for use in second-floor windows and above on an individual case basis. The use of reflective glass is prohibited.

3. Storefront windows should be as large as possible while maintaining height standards for bulkheads. Maximum bulkhead height for new construction shall be 42 inches, and minimum bulkhead height shall be 24 inches. Bulkheads should be accented with decorative tile, finished stone, or other distinctive material.

4. Replacement windows must always fill the entire opening and duplicate original patterns.

5. Window patterns in new buildings shall respect existing window patterns where a distinctive rhythm has been established.

G. Plaza provisions. Plazas shall be developed as identified below:

1. A plaza shall have a minimum size of 10 feet deep and the width of the entire storefront, or an area incorporating at least 650 square feet.

2. A minimum of 80 percent of the area shall be paved in a decorative paver or textured, colored concrete. Asphalt paving is prohibited as a plaza paving material.

H. Lighting.

1. All exterior lighting fixtures shall be designed as part of the overall architectural theme.

Fixtures, standards, and all exposed accessories shall be harmonious with the building design, the lighting design of adjacent public spaces, and the overall visual environment of the downtown.

2. Night lighting of buildings shall be selective and focused; exterior lighting of entire building faces is generally not desirable. Lighting should highlight entrances, dramatize special architectural features, keynote repeated features, and use the play of light and shadow to articulate the facade.

3. Entrances of buildings and parking areas shall be well-illuminated to enhance safety, identification, and convenience.

4. Recessed building entryways should be illuminated by downlights.

6.8 Consent Page 166
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 141 2024
Chapter 10.44

AIRPORT OVERLAY ZONE
Sections:

10.44.010 Purpose and application.

10.44.020 Definitions.

10.44.030 Permitted Uses.

10.44.040 Overlay zone formation.

10.44.050 Airport Overlay zones.

10.44.060 Airport Zoning Map.

10.44.070 Use restrictions.

10.44.080 Administration and enforcement.

10.44.090 Variances.

10.44.010 Purpose and application.

A. This chapter shall apply to all land within the Airport Overlay (AP) zone, as defined on the Zoning Map. The purpose of this chapter is to protect the public health, safety, and welfare in the vicinity of the airport by minimizing exposure to potential airplane crashes and significant noise levels. Further, to identify those uses that are compatible in the Airport Overlay zone and to establish development standards to which development will conform. This chapter is adopted pursuant to the Airport Approaches Zoning Law of the State of California (commencing at Cal. Gov’t Code § 50485) and the Planning and Zoning Law of the State of California (commencing at Cal. Gov’t Code § 65000).

C. If there is a conflict between this chapter and any other regulations contained in this title that are applicable to the same area or parcel of land, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

10.44.020 Definitions.
“Airport” means any area of land designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as a part of the Zoning Map of the City of Tulare. “Airport elevation” means the elevation of the highest point on the usable or designed runway as established by the City Engineer.
“Airport hazard” means any structure, tree, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

6.8 Consent Page 167
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 142 2024
“Airport reference point” means the point established at the approximate geographic center of the airport landing area and so designated.
“Height” means used for the purpose of determining height limits in all zones set forth in this chapter, the vertical elevation in feet above the established airport elevation unless otherwise stated.
“Heliport primary surface” means the area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation. “Landing area” means the area of an airport used, or to be used, for the landing, taking off, or taxiing of aircraft.
“Non-conforming use” means any structure, tree, or use of land that does not conform to the provisions of this chapter at the time this chapter is made applicable to a particular airport. “Person” means any individual, firm, co-partnership, corporation, company association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.
“Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 250 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway centerline. “Runway” means the paved surface of an airport landing area designated for the landing or taking off of an aircraft.
“STOL primary surface” means any imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. “Structure” means any object constructed, installed, or placed on real property by humans including, but not limited to buildings, towers, smokestacks, and overhead lines. “Utility runway” means a runway that is constructed for and intended to be used by propellerdriven aircraft of 12,500 lbs. maximum gross weight and less. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approval airport layout plan, a military service’s approved military airport layout plan or by any planning document submitted to the FAA by a competent authority.

10.44.030 Permitted Uses.

A. Permitted uses in the Airport Overlay zone shall include all uses that are permitted in the base zoning district.

6.8 Consent Page 168
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 143 2024
B. Conditional uses in the Airport Overlay zone shall include all uses that are conditional in the base zoning district.

10.44.040 Overlay zone formation.

A. The Airport Overlay zone may be combined with any other zone district contained on the Official Zoning Map. Zone districts that are combined with the Airport District shall be designated on the Official Zoning Map with the base zone district followed by the Airport Overlay zone notation (AP). For example, land that is zoned Public Lands and is in the Airport Overlay zone will have the notation PL-(AP).

B. The Airport Zoning Map, which is a part of the Official Zoning Map, will delineate the different zones that are associated with the Airport Overlay zone. The classification of property to the Airport Overlay zone shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments, with the Airport Overlay zone. Any zone district contained in this title may be combined with the Airport Overlay zone.

10.44.050 Airport Overlay zones.

A. In order to carry the provisions of this chapter, are hereby created and established certain airport zones that include all of the land lying within the Airport Overlay zone including, approach zones, transitional zones, horizontal zones, and conical zones. An area located in more than one of the following zones is considered to be only the zone with a more restrictive height limitation.

B. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the applicable height limits herein established for the zone. The applicable height limitations are hereby established for each zone in question as follows:

1. Utility Runway Visual Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

2. Heliport Visual Flight Rules (VFR) Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

3. Transitional zones (LT). These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping upward

6.8 Consent Page 169
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 144 2024
and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

4. Heliport VFR Transitional zones. These zones extend from the sides of the primary surface and the approach zones a horizontal distance of 250 feet from the primary surface centerline and the extended primary surface centerline and slope upward and outward two feet horizontally for each foot vertically. The slope begins at the sides of and at the same elevation as the primary surface and the approach surfaces and extends a distance of 250 feet measured horizontally from 90-degree angles to the primary surface centerline and extended centerline.

5. Horizontal zone (H). The horizontal zone is hereby established by swinging arcs of radii specified on the Airport Zoning Map from the centerline of each end of the primary surface of each runway and connecting to the adjacent arcs by drawing lines tangent to those arcs.

The horizontal zone extends at an elevation of 150 feet above the airport elevation, however, it does not include the approach and transitional zones. The radius of each arc is 5,000 feet for all runways designated as utility or visual.

6. Conical zone (C). The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone slopes upward and outward 25 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. The conical zone does not include the precision instrument approach zones and the transitional zones.

7. Primary Surface zone (L). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is 250 feet for utility runways having only visual approaches.

8. Approach Surface zone (AA). An approach surface is applied to each end of each runway based on the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 1,250 feet for that end of a utility runway with only visual approaches. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 25 feet to one for all utility and visual runways.

10.44.060 Airport Zoning Map.

The several zones established by this chapter shall be shown and delineated on the Airport Zoning Map of the City of Tulare. This map, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included within the provisions of this chapter. Additional parts of the Airport Zoning Map may be adopted from time to time by ordinance. Each part of the Airport Zoning Map shall be described by a descriptive title sufficient to identify the subject and the location and shall contain a map and diagrams including a plot plan of the subject airport showing the location, direction, and dimensions of all runways, the locations

6.8 Consent Page 170
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 145 2024
and dimensions of all zones described in this chapter and the specific values applied to said zones in accordance with the formulas established for the regulation of heights described in this chapter.

10.44.070 Use restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

10.44.080 Administration and enforcement.

A. The Planning Commission is hereby designated as the agency for the administration and enforcement of this chapter.

B. The City’s Building Inspector shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by this chapter if the construction, reconstruction, or structural alteration would result in violation of the restrictions imposed on the zones by this chapter. Any building permit issued in violation of the provisions of this division shall be null and void.

C. The Planning Commission shall not take any actions regarding the administration of this chapter without the prior review and recommendation by the City of Tulare Aviation Commission.

10.44.090 Variances.

A. If practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of this chapter, then the Planning Commission shall have the authority to process a variance consistent with Chapter 10.84, Variances.

B. Any variance granted pursuant to Chapter 10.84, Variances, may be allowed subject to any reasonable conditions that the Planning Commission may deem necessary to effectuate the purpose of this chapter and reasonable under the circumstances. Any such variance may be so conditioned as to require the owner of the structure or tree to permit the appropriate airport management at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Any variance that is granted, subject to any conditions, shall be deemed to be automatically revoked if any of the conditions are violated.

6.8 Consent Page 171
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 146 2024
Chapter 10.46

MIXED-USE OVERLAY ZONE
Sections:

10.46.010 Purpose.

10.46.020 Application.

10.46.030 Definitions.

10.46.040 Mixed-Use Development Plan.

10.46.050 Required findings.

10.46.060 Permitted & Conditional Uses.

10.46.070 Development standards.

10.46.080 Design standards.

10.46.090 Architectural standards.

10.46.100 Maintenance of common areas.

10.46.110 Variances.

10.46.010 Purpose.

The purpose of the Mixed-Use Overlay (MU) zone is to provide a tool to encourage and facilitate the development of certain areas by allowing a variety of commercial and residential uses that can be developed in a compatible manner within the same building or site. The objectives of the MU Overlay zone are:

A. Provide for a set of regulations to allow for the integration of commercial, office, and residential use in close proximity to one another.

B. Provide for a set of standards that clearly show the relationship of commercial, office, and residential within one developed site or building.

C. Ensure that the mix of uses will be integrated successfully into a desirable, cohesive district.

D. Encourage medium to high-density residential development to occur in areas in close proximity to the downtown area or the redevelopment of aging outlying commercial areas.

E. Establish sites of sufficient size to allow flexibility in achieving the standards of this chapter.

10.46.020 Application.

A. The MU Overlay zone may be combined with any R-H, C-2, C-3, or C-4 zone.

C. Any parcel included in the City’s Housing Element Sites Inventory must be developed with the number of units identified within the Housing Element.

6.8 Consent Page 172
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 147 2024

10.46.030 Definitions
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Mixed-use development” means a single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas. “Special use permit” means a permit issued to establish conditions of approval for an otherwise permitted or conditional use within a Mixed-Use Overlay zone.

10.46.040 Mixed-Use Development Plan.

A. Applications for incorporation into the Mixed-Use Overlay zone shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments.

B. Zone districts that are combined with the Mixed-Use Overlay zone shall be designated on the Official Zoning Map with the base zone district followed by the Mixed-Use Overlay zone notation (MU).

10.46.050 Required findings.

A mixed-use development may be approved upon making the following findings:

A. That the site for the proposed development is adequate in size and shape to accommodate the uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscape, and other features required.

B. That the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

10.46.060 Permitted & Conditional Uses.

A. Permitted uses:

1. Townhouses.

2. Apartments.

3. Condominiums.

4. Bed and breakfast.

5. Mixed-use building or development.

6. Open space or plazas.

7. Public parks.

8. All permitted uses in the C-2 and C-3 Zone districts.

B. Conditional uses:

1. All conditional uses in the C-2 and C-3 Zone district.

2. Sale of alcohol, on-sale or off-sale
C. Uses not permitted:

6.8 Consent Page 173
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 148 2024

1. Automobile repair.

2. Auto, boat and RV Sales.

3. Sale of gasoline.

4. Single-family detached housing.

10.46.070 Development standards.

A. Development standards shall be as follows:

1. Minimum site area: none.

2. Minimum lot width: 18 feet.

3. Minimum lot depth: none.

4. Minimum residential density:
a. If housing is a part of a mixed-use development, dwellings are permitted on and above the second floor of commercial uses with no minimum density. b. Freestanding residential building density of 12 dwelling units per residential acre. c. Notwithstanding a) an b), any parcel proposed for mixed use development which is zoned RH-20 shall develop no less than 22 units per acre.

5. Maximum residential density: 29 dwelling units per net residential acre, either in freestanding residential buildings or in mixed-use buildings on and above the second floor.

6. Minimum front building setback: none for mixed-use, commercial uses, or other. No less than five feet for residential uses.

7. Maximum front building setback: 10 feet.

8. Minimum street side and rear building setback: five feet, except where common walls for attached residential or commercial development are proposed, or existing buildings that are already constructed to the property line.

9. Interior side building setback: a minimum of four feet on each side to provide a minimum of eight feet of separation between buildings. Zero lot lines can be approved with an eightfoot separation. An additional two feet of setback shall be provided for each additional story of building height.

10. Building height: the maximum is five stories.

11. Building height transition: development in the Mixed-Use Overlay zone shall provide for a building height transition when adjacent to an existing single-family residential zone district to provide compatible scale and privacy between developments. Buildings in the Mixed-Use Overlay zone, taller than 22 feet exclusive of any parapet walls, shall provide one foot of separation from the single-family zoned district for each foot of the building height.

10.46.080 Design standards.

A. The following design standards shall apply:

6.8 Consent Page 174
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 149 2024

1. All ground-floor tenant spaces with at least 25 feet of frontage facing a public, or private streets shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot, or loading area to gain access to the entrance from the street, but the entrance may include architectural features such as arcades, anti-chambers, porticos, and the like without being in violation of this provision. If a building has frontage on more than one street, the building shall provide a main building entrance oriented to one of the streets or a single entrance to the corner where the two streets intersect. Where one single tenant has 200 feet or more of frontage on public or private streets, one additional entrance shall be provided for each 200 feet of frontage on one of the public or private streets. Freestanding banking institutions and restaurants located in the Mixed-Use Overlay zone are exempt from the provisions contained in this division and may locate the primary building entrance on any facade of the structure. A clear internal site pedestrian sidewalk or pathway shall be provided to the building entrance from all public or private street sidewalks. A building may have more building entrances than required by this section oriented to a public or private street and may have secondary entrances facing off-street parking areas and loading areas.

2. Residential dwellings fronting on a public or private street shall have a main entrance to the dwelling opening onto the front of the dwelling at the ground floor lever. Such an entrance shall open directly to the outside and shall not require passage through a garage to gain access to the doorway. The doorway may be above the final grade where a porch, stoop, portico, anti-chamber, wheelchair ramp, or similar architectural feature is included in the design. Ground floor single-family attached housing or townhouse, condominium residential units fronting on a public or private street shall have separate entries directly from the major pedestrian route.

3. Ground floor and upper story residential units in a multi-family building fronting on a public or private street may share one or more entries accessible directly from the street.

4. Residential building facades over 150 feet in length facing a street shall provide two or more main building entrances.

5. Entryways into mixed-use buildings containing residential units shall be clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

6. Bicycle parking spaces shall be sited so as not to occupy space within, reduce the size of, or impede the use of required sidewalks, pedestrian ways, curbside landscape strips, landscape buffers, or unable open spaces. All bicycle parking must be easily accessible and shall be equipped or located so as to allow the bicycle to be conveniently and securely locked to a parking device or within a secured bicycle parking area. Covered bicycle parking shall be provided. Covered bicycle parking may be provided within a parking structure, garage, under a separate roof within a bicycle locker, or in a designated area within a building or residential complex. A covered bicycle structure may occupy two of the required on-site parking spaces.

7. Surface parking areas shall provide perimeter parking lot landscaping adjacent to a street that meets one of the following standards: a five-foot wide planting strip between the rightof-way and the parking area shall be provided for streets designated collector or local. A

6.8 Consent Page 175
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 150 2024
10-foot-wide planting strip between the right-of-way and parking area shall be provided for streets designated arterial.

10.46.090 Architectural standards.

A. The following design standards shall apply:

1. Mixed-use buildings with ground-level commercial or office use shall conform to the design standards in Section 10.46.080.

2. All development shall provide ground floor windows on the building facade facing and adjacent to a public street, or facing onto a park, plaza, or other public outdoor space.

Required windows shall provide a lower sill no more than three feet above grade; except where interior floor levels prohibit such placement, the sill may be located not less than two feet above the finished floor level to a maximum sill height of five feet above exterior grade.

3. Darkly tinted windows and mirrored windows that block two-way visibility are prohibited as ground-floor windows required under this provision except where the closest face of the building to the nearest edge of the sidewalk within a public right-of-way or private street parallel and adjacent to the building is greater than 50 feet.

4. Building frontages along streets shall break any flat, monolithic facade by including architectural elements such as bay windows, recessed entrances, or other articulation so as to provide pedestrian scale to the first floor.

5. Where ground floor windows are required by this section on public, institutional office, and commercial structures, exterior walls facing a public street, public open space, pedestrian walkway, and/or transit station shall have windows, display areas, or doorways for at least 50 percent of the length and 50 percent of the area of the ground level wall area, which is defined as the area to the finished ceiling height of the fronting space or 15 feet above finished grade, whichever is less.

B. Building step-back requirements.

1. Step-back requirements help assure a comfortable street environment by preventing fortress-like facades, providing light and air at the street level, and providing features of interest to pedestrians along streets in mixed-use districts. The following design standards shall apply:
a. Step-back requirements shall be achieved, at the option of the applicant, by one of two methods:
• Floors above the second floor shall be stepped back a minimum of five feet for the first story above two, and an additional five feet for floors above three. The maximum step-back under this method shall not exceed 15 feet. • A building shall be stepped back by an appropriate amount from the plane of the street so as to maintain an angle not greater than 60 degrees between the top of the building facade fronting onto the street and the back of the sidewalk of the opposite side of the same street.

6.8 Consent Page 176
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 151 2024
b. Upon petition of the applicant, the Planning Commission may waive the building stepback requirements of this section provided that the applicant clearly demonstrates the proposed project:
• Includes window treatments, entry placement, facade relief, and other architectural treatments to provide visual interest and pedestrian-sensitive design at the street level and to maintain a human scale in the streetscape. • Extends the same architectural features above the ground floor level through variations in design, detail, and proportion, and by avoiding designs featuring a monolithic street facade.

2. Where step-back requirements are not required, the above design standards shall be adhered to for multi-story buildings.

C. Architectural design requirements. The following design requirements shall apply:

1. Buildings shall promote and enhance a pedestrian scale and orientation on the facade facing the public street. Street side building facades and dwelling units within the Mixed-Use Overlay zone shall be varied and articulated to provide visual interest to pedestrians and avoid a flat appearance. In addition, development proposals shall make provisions and include designs consistent with the following:
a. All new commercial, public/institutional, mixed-use, and residential buildings constructed within the Mixed-Use Overlay zone shall demonstrate that it promotes and enhances a pedestrian scale and orientation on any facade facing a public or private street and it incorporates discernible and architecturally appropriate features; such as, but not limited to, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas or other treatments for visual interest, to create community character and to promote a sense of pedestrian scale. The design shall recognize that the simple relief provided by window cutouts or sills on an otherwise flat facade, in and of themselves, does not meet the requirements of this section. b. All residential dwellings, of any type, constructed within the Mixed-Use Overlay zone shall be constructed with exterior building materials and finishes of high quality to convey an impression of permanence durability. Materials such as, including masonry, stucco, stone, terra cotta, tile, cedar shakes and shingles, beveled or ship-lap or other narrow-course horizontal boards or siding, authentic vertical board and batten siding/articulated architectural concrete masonry units (CMU), and similar durable architectural materials are allowed. Materials such as and including, T-111 siding, plain or plain painted plywood and strandboard sheets, concrete or cinder block, smooth surface concrete panels, and similar quality and non-durable material are prohibited.

2. Commercial buildings and sites shall be organized to group the utilitarian functions away from the public view. Delivery and loading operations, HVAC equipment, trash compacting collection, and other utility and service functions shall be incorporated into the overall design of the building (s) and the landscaping. The visual and acoustic impacts of these functions, along with all wall-or ground-mounted mechanical, electrical, and communications equipment shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally with and not inferior to the principal materials of the buildings and primary landscaping. The visual and acoustic

6.8 Consent Page 177
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 152 2024
aspects of roof-mounted equipment behind parapets, within architectural screening, rooftop screening, and deadening the sound of such equipment.

10.46.100 Maintenance of common areas.

Property owner association, a landscape and lighting district, or other similar mechanism for the maintenance of common open space, private streets, or other improvements shall be set up as a condition of approval.

10.46.110 Variances.

A. A variance may be granted to any development regulation or design standard contained in this chapter provided the Planning Commission finds that by granting the variance:

1. The adjustment will equally or better meet the purposes of the Mixed-Use Overlay zone and of the regulation to be modified.

2. The variance or cumulative variance adjustments result in a project that is still consistent with the overall purpose and intent of the district.

B. The Planning Commission may approve a variance from the architectural standards if the project meets the following criteria.

1. Multiple main building entrances are required to be oriented to the street. Variances may be granted to allow a single secured entrance to an establishment upon a finding that the internal security measures, which are standard operating procedures of the applicant would be irreparably harmed by this requirement; except in no case shall there be less than one main entrance oriented to a public or private street unless otherwise authorized by an exception contained in this section.

2. Ground floor windows. A variance to the percentage of window area required for ground floor windows in building facades where required by this section may be allowed upon findings that:
a. Such windows would unavoidably compromise necessary personal privacy or security within the building (for example, privacy in a clinic examination room, security in a pharmacy storeroom, or security and privacy in a research and development laboratory).
b. Due to the design of the structure or other demonstrable restrictions or constraints, the required personal privacy or security cannot otherwise be provided. c. The loss of the window area cannot be recaptured elsewhere on the facade.

6.8 Consent Page 178
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 153 2024
Chapter 10.48

FLOODPLAIN MANAGEMENT
Sections:

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

10.48.020 Methods of reducing losses.

10.48.030 Definitions.

10.48.040 General provisions.

10.48.050 Administration.

10.48.060 Provisions for flood hazard reduction.

10.48.070 Variance procedures.

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

A. Statutory authorization. The Legislature of the State of California has in Cal. Gov’t Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City Council of the City of Tulare does hereby adopt the following floodplain management regulations.

B. Findings of fact.

1. The flood hazard areas of the City of Tulare are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

2. These flood losses are caused by uses that are inadequately elevated, flood-proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contributes to the flood loss.

C. It is the purpose of this chapter to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health.

2. Minimize expenditure of public money for costly flood control projects.

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

4. Minimize prolonged business interruptions.

5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard.

6.8 Consent Page 179
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 154 2024

6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

7. Ensure that potential buyers are notified that the property is in an area of special flood hazard.

8. Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

10.48.020 Methods of reducing losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

A. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or flood heights or velocities.

B. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction.

C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

D. Control filling, grading, dredging, and other development which may increase flood damage.

E. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas.

10.68.030 Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.
“Accessory structure” means a structure that is either:

1. Solely for the parking of no more than two cars.

2. A small, low-cost shed for limited storage, less than 150 square feet, and $1,500 in value. “Accessory use” means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, highvelocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. “Apex” means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. “Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this chapter.
“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

The flooding is characterized by ponding or sheet flow.

6.8 Consent Page 180
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 155 2024
“Area of special flood hazard” See “Special flood hazard area.” “Base flood” means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the 100-year flood). “Base flood” is the term used throughout this chapter. “Base Flood Elevation (BFE)” is the elevation shown on the Flood Insurance Rate Map for zones AE, AH, and A1-30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. “Basement” means any area of the building having its floor subgrade i.e., below ground level on all sides.
“Building” See “Structure.”
“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community (July 5, 1983). “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood,” “Flooding,” or “Flood water”:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows).

2. The condition resulting from flood-related erosion.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
“Flood Hazard Boundary Map” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

6.8 Consent Page 181
City of Tulare Municipal Code Title 10 – Zoning Ordinance Public Draft 156 2024
“Flood insurance study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. “Floodplain” or “Flood-prone area” means an area susceptible to being inundated by water from any source. See “Flooding.”
“Floodplain administrator” means the individual appointed to administer and enforce the floodplain management regulations.
“Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. “Floodplain management regulations” means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of police power that control development in flood-prone areas. This term describes federal, State, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improve real property, water, and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot. Also referred to as “Regulatory floodway.” “Floodway fringe” means the area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.
“Fraud” and “Victimization,” as related to Section 10.48.070 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Tulare City Council will consider the fact that every newly constructed building adds to government responsibilities and remains part of the community for 50 to 100 years.

Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Governing body” means the local governing unit, i.e., the City of Tulare, that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.

Tulare City CouncilJanuary 7, 2025

Tulare City Council
January 7, 2025