6. Multifamily Architecture. The design of multifamily developments shall comply with the requirements of the underlying zone district and the following:
a. Facade and Roof Articulation. Structures containing three or more attached dwellings in a row shall incorporate at least one of the following:
i. For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide shall be provided. Such projections shall extend the full height of single-story structures, at least one-half the height of a two-story building, and two- thirds the height of a three-story building;
ii. A change in wall plane of at least two feet in depth for at least twelve feet in length for each two units shall be provided.
b. Materials. Piecemeal embellishment and frequent changes in materials shall be avoided.
c. Balconies, Porches and Patios. Balconies, porches and patios shall be required. These elements shall be integrated to break up large wall masses, and to offset floor setbacks.
d. Dwelling Unit Access. The use of long, monotonous access balconies and corridors which provide access to five or more units shall be avoided.
Instead, access points to units shall be clustered in groups of four or less.
To the extent possible, the entrances to individual units shall be plainly visible from nearby parking areas. The use of distinctive architectural elements and materials to denote prominent entrances shall be used.
e. Exterior Stairs. Simple, clean, bold projections of stairways shall be used to complement the architectural massing and form of the multifamily structure.
Stairways shall be of smooth stucco, plaster or wood, with accent trim of complimentary colors. Thin-looking, open metal, prefabricated stairs are prohibited.
f. Carports, Garages and Accessory Structures. Carports, detached garages, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but shall not project above any exterior walls adjacent to public streets, and shall be located in parking courts to the rear of buildings. Prefabricated metal carports shall not be used unless the exterior facade is made to match the exterior facade of the buildings.
295 of 507
160
December 3, 2019
Where garages are utilized, doors shall appear to be recessed into the walls rather than flush with the exterior wall. Their design shall be simple and unadorned.
g. Solar Panels. Solar panels, when used, shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match the roof colors. Natural aluminum finish is strongly discouraged. Any mechanical equipment shall be enclosed and completely screened from view.
h. Mechanical and Utility Equipment. All mechanical equipment whether mounted on the roof or ground shall be screened from view. Utility meters and equipment shall be placed in locations where they are not exposed to view from the street or they shall be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.
i. Antennas. All antennas shall be placed in attics or building interiors. All new units shall be pre-wired to accept cable reception. Satellite dish antennas are specifically prohibited on roofs and shall be considered early in the design process in terms of location and any required screening.
7. Multifamily Infill in Single-Family Neighborhoods. If multifamily projects are located in existing neighborhoods, they shall be compatible with adjacent structures and fit within the context of the existing neighborhood. Minimum requirements include the following:
a. Front Yard Setbacks. Front yard setbacks for new multifamily projects are pursuant to the requirements of the base zone district (shown on Table 2-5) and if setback average is used, the setback shall be equal to or greater than the average setbacks for the two adjacent properties.
b. Architectural Compatibility. New multifamily development in existing neighborhoods shall incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development, by incorporating window and door detailing, facade decoration, materials, color, roof style and pitch, porches and other features that are compatible.
17.40 180 Planned Residential Development/Small Lot Subdivisions
A. Purpose and Applicability
This Subsection provides standards for planned residential development and small lot subdivisions which may include attached and detached single-family dwellings. 296 of 507
161
December 3, 2019
The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well-planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate uses of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development through the encouragement of integrated planning and design.
B. Development Standards
All such projects shall conform with the following design requirements:
1. Density. The underlying residential use district and overlay district shall determine the maximum number of dwelling units allowed in a planned unit development or small lot subdivision. When a parcel or parcels has more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area.
2. Site Coverage. Structures shall not occupy more than forty percent of the gross site area for single-family detached units, and sixty percent for zero lot line and patio homes.
3. Height. Detached single-family structures shall not exceed two and one-half stories, or thirty-five feet. Attached single-family structures shall not exceed two and one-half stories or thirty-five feet. If more than two units are attached, the multifamily development standards shall apply.
4. Setbacks. The minimum setback from the project perimeter shall be determined by setbacks related to the street functional classification or twenty-five feet whichever is less. Setbacks between dwelling units in planned unit developments (cluster developments) shall be determined by the base zoning district.
5. Open Space. All planned residential developments with twelve or more dwelling units shall provide thirty percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way; vehicle parking and maneuvering areas; areas adjacent to or between any structures less than fifteen feet apart; setbacks; patios and private yards.
6. Amenities. All planned residential developments shall provide recreational amenities within the site which may include a: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter-BBQ area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or, day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:
297 of 507
162
December 3, 2019
Dwelling Units Amenities
0--11 1
12--50 2
51--100 3
101--200 4
201--300 5
Add one amenity for each one hundred additional units or fraction thereof.
7. Private streets shall not be allowed pursuant to the city of Wasco Subdivision Ordinance.
8 Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes. No lot or dwelling unit in the development shall be sold unless a corporation, home owner’s association, assessment district or other approved appropriate entity has been legally formed with the right to assess those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, and landscaping. Conditions, covenants and restrictions (CC&R’s) may be developed and recorded for the development subject to the review and approval of the city attorney. The recorded CC&R’s shall not be under the jurisdiction of the city for enforcement. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the city engineer.
17.40 190 Reasonable Accommodation
A. Purpose
It is the policy of the city of Wasco, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereinafter Acts), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws. This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B. Findings
298 of 507
163
December 3, 2019
The city council finds and determines that:
1. The federal Fair Housing Amendment Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
2. The Wasco housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.
3. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.
4. This chapter is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs.
C. Applicability
A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.
D. Application Requirements
Request for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:
1. Application Material.
a. The applicant’s name, address and telephone number.
b. Address of the property for which the request is being made. c. The current use of the property.
d. The basis for the claim that the individual is considered disabled under the Acts.
e. The code provision, regulation or policy from which reasonable accommodation is being requested.
299 of 507
164
December 3, 2019
f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
2. Processing Fee.
a. The applicant shall pay a processing fee to the city as adopted by resolution of the city council. The amount of the processing fee shall reasonably represent the actual cost of processing the application. The applicant may apply for a fee waiver, which may be granted at the discretion of the city council.
If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to:
conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.
E. Review Authority
1. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.
2. Other Reviewing Authority. If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.
F. Review Procedures and Findings
1. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.
2. Other Reviewing Authority. The determination on whether to grant, grant with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.
3. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:
a. Whether the housing, which is the subject of the request, will be used by a disabled individual.
300 of 507
165
December 3, 2019
b. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.
c. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.
d. Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.
e. Potential impact on surrounding uses.
f. Physical attributes of the property and structures.
g. Alternative accommodations which may provide an equivalent level of benefit.
4. Conditions of Approval. In granting a request for reasonable accommodation the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings
G. Appeal of Determination
A determination by the reviewing authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed, pursuant to Chapter
17.72. 17.40 200 Recreational Vehicle Storage Facilities
H. Purpose and Applicability
This Subsection provides standards for recreational vehicle storage facilities. These type of facilities may be incorporated into a multi-family or planned residential development or developed as a separate business facility.
B. D evelopment Standards
All such projects shall conform with the following design requirements:
1. Centralized storage areas shall be provided for recreation vehicles, boats, etc., at a minimum rate of one space for each six dwelling units if included as part of residential development. Any fractional space requirement shall be construed as requiring one full storage space pursuant to Chapter 17.36, Off-Street Parking Standards.
301 of 507
166
December 3, 2019
2. Individual storage spaces shall measure not less than twelve feet by thirty feet, and shall have direct access to a driveway with a minimum paved width of twenty-five feet.
3. Storage areas shall be paved and drained.
4. Storage areas shall be completely screened from exterior view by the combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the planning director.
17.40 210 Residence/Office Conversions
A. Purpose and Applicability
This Subsection provides standards for structures originally constructed as a single- family residence which are proposed for conversion to low intensity office use.
B. Development Standards
All such projects shall conform with the following design requirements:
1. The building elevations and the landscaping between the front property line and the building front shall be maintained in their residential character.
2. Wherever possible, parking shall be provided to the rear or side of the structure.
3. Any trees with a breast height diameter (BHD) of six inches or greater shall be preserved. If it becomes necessary to remove such tree, each tree removed shall be replaced with a thirty-six inch box tree at a rate of one per one removed.
4. If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.
5. Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required where feasible.
6. Parking spaces shall be provided as determined by Chapter 17.36 and at project review. Landscaping and/or parking requirements may be reduced in accordance with Section 17.52.100 upon the planning director’s approval in order to preserve the character of the design district.
7. Tandem parking shall not be allowed.
302 of 507
167
December 3, 2019
8. Loading spaces shall not be required.
9. Signs shall be permitted in accordance with the C-O zone.
10. The structure shall be made to conform to the provisions of the Uniform Fire Code and the Uniform Building Code and appropriate occupancy requirements for commercial structures.
11. Trash receptacles shall be placed to the rear of structures and be screened from view. Location and size of receptacles will be determined at project review.
17.40 220 Residential Architectural Design Criteria
A. Purpose and Applicability
This Subsection provides design requirements for residential development within subdivisions. It is the intent of this section to require a variety of single-family residential development types, which are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the city.
B. Development Standards
Residential subdivision development shall comply with the following requirements:
1. Houses within new residential subdivisions situated on lots deeper than one hundred feet shall have a minimum five-foot variation in the front yard setback from twenty to thirty feet. No more than two houses with the same front yard setback shall be placed on adjacent lots.
2. The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile or a twenty-five year minimum architectural style composition shingle with dimensional variations. A minimum of fifteen percent of the houses within an approved subdivision shall have concrete or approved tile roofs. All other proposed roofing materials shall be subject to review and approval by the city of Wasco Planning Director.
3. All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance. Uniform materials and consistent style should be evident within a development in all exterior elevations.
Secondary materials should be used to highlight building features and to provide visual interest.
303 of 507
168
December 3, 2019
4. All houses within new subdivisions shall provide decorative lighting on both sides of the garage or shall provide lighting under the eave of the garage.
5. All residential mechanical equipment shall be ground-mounted and not be visible from street frontage.
6. The second story of a two-story residence shall be situated to the rear of the house and is permitted by right in a new subdivision. The addition of a second story of an existing residence or the construction of a new two-story home in an established neighborhood shall be subject to a conditional use permit to insure that the design of the second story will provide privacy for adjacent single-family residences.
7. All fences shall meet the minimum requirements of the base zone district.
Materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. Fencing shall not be chain link and shall not exceed the heights as established under Table 3-1.
8. If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as follows:
TABLE 4-1
RESIDENTIAL FLOOR PLAN AND ELEVATION GUIDELINES
Number of
Single-Family Dwellings
Min. No. of Bldg. Floorplans
(excludes reverse plans)
Min. No. of
Elevations per Bldg.
Floorplan (excludes reverse
plans)
1--3 1 1
4--8 2 2
9--18 3 2
19--36 3 3
37--60 3 4
61--99 4 4
100+ 4 for the first 100 houses, plus 1
for each 20 houses over 100
4 * The required number of building elevations may be reduced by one for every two building footprints added to the required minimum number specified above.
9. No two identical elevations shall be placed side by side within a subdivision:
a. All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance diversity. 304 of 507
169
December 3, 2019
10. Color:
a. The use of varying building body colors and complementary accent and trim colors is considered to meet the intent of this chapter, b. The use of bright or garish colors (i.e., fluorescent "hot" or "day-glow" colors) shall not be permitted,
c. Using building materials in their natural state, such as brick or stone, is strongly recommended.
11. The following defines the landscaping requirements for all new residential developments and existing residential uses that have had or propose substantial improvements as defined in Chapter 17.90 (Definitions) of this title. a. A maximum of forty percent of the required front yard setback area may be paved for access to off-street parking or driveway access to off-street parking. An additional maximum of ten percent may be paved for walkways or uncovered patio use.
b. All new residential developments shall provide landscaping and automatic irrigation in the front yard setback area.
c. The front yard setback shall be landscaped with drought tolerant plant materials and two trees, which shall be planted a minimum of ten feet from any common property line. Provided, however, that one street tree shall be planted per residential lot in any required parkstrip landscaping. This would reduce the number of required trees in the front yard setback outside of the landscape parkstrip from two to one.
d. All landscaping shall be watered by an automatic irrigation system. e. All sod shall be uniformly cut and fully mature prior to installation. f. All trees shall have a minimum trunk diameter of two inches at four feet above finished grade at time of planting, and be free of insect infestation, plant diseases, sun scalds or any other objectionable disfigurements. g. All new trees shall be required to have heavy weight tree stakes to provide support.
h. All landscaping and irrigation required under these standards shall meet State WELO requirements and be installed prior to issuance of a certificate of occupancy.
17.40 230 Right to Farm
1. Purpose and Applicability
This Subsection outlines the City’s policy on the protection of viable agricultural lands and agricultural operations and the City’s intent to recognize the right to continue such agricultural operations even when they may create nuisance impacts on adjoining non-agricultural land uses.
2. Definitions
305 of 507
170
December 3, 2019
As used in this chapter:
1. "Agricultural land" means all real property currently used for agricultural operations.
2. "Agricultural operations" means the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers or transportation to market. This does not include the cultivation of cannabis.
3. Policy Statement
1. It is the policy of the city of Wasco to preserve, protect and encourage the use of viable agricultural lands for the production of food and other agricultural products. It is the further intent of the city to provide notification of the city’s recognition and support of persons and/or entities right to farm.
2. Where nonagricultural land uses extend into agricultural lands or exist side by side, agricultural operations frequently become the subject of nuisance complaints.
Such nuisance complaints may result on the curtailment or cessation of agricultural operations and discourage investment in such operations. It is the purpose of this Subsection to reduce the loss of agricultural operations by clarifying the circumstance under which agricultural operations may be considered a nuisance. This Subsection is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provisions of state law relative to nuisances. Rather it is only to be utilized in the interpretation and enforcement of the provisions of city codes and regulations.
3. This Subsection is also intended to promote a good neighbor policy by advising purchasers adjacent to or near agricultural operations of the inherent potential problems associated with such a purchase. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosure, purchasers will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions as the natural result of living or working in or near agricultural areas.
4. Nuisance
306 of 507
171
December 3, 2019
No agricultural activity, operation, or facility conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations and in compliance with all federal, state, and local laws and regulations shall be or become a nuisance, public or private, pursuant to this code.
5. Disclosure
The approval of parcel maps, tentative maps or vesting tentative maps adjacent to or near agricultural lands shall require the owner/developer or successors in interest to notify all purchasers of lots within the project site of the nature and extent of existing agricultural activities, operations, and facilities in the vicinity of the project site. If the first purchase of a lot is a builder, this requirement shall be extended so that the actual and ultimate homeowner receives the notice. This disclosure shall also provide notice of the potential conflicts or effects of typical agricultural activities including, but not limited to, noise, odors, dust, agricultural spraying, agricultural burning, etc. Furthermore, notice shall be provided that, pursuant to California Civil Code Section 3482.5, typical agricultural activities shall not be considered a nuisance except as otherwise provided in that Civil Code Section.
17.40 240 Seniors Housing/Congregate Care Housing
A. Purpose and Applicability
This Subsection provides design requirements for senior citizen/congregate care and senior group housing developments over six (6) persons/beds, subject to Conditional Use Permit approval.
B. Development Standards
Senior group housing developments shall comply with the following requirements:
1. A bus turnout and shelter on the on-site arterial or collector frontage shall be dedicated if the project is located on a bus route as determined by the planning director.
2. The parcel upon which the senior group housing is to be established shall conform to all standards of the underlying land use district.
3. The senior/group housing shall conform with all local, state and federal requirements.
307 of 507
172
December 3, 2019
4. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to the Uniform Building Code.
5. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (i.e., safety bars, etc.) as well as emergency signal/intercom systems as determined by the planning director.
6. Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.
7. Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal one hundred square feet for each living unit.
8. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided. The facilities shall have keyed access for tenants only.
9. The project shall be designed to provide maximum security for residents, guests and employees.
10. Trash receptacles shall be provided for on the premises and be of sufficient size and number as determined appropriate by the public works director;
11. The city may require a traffic study for senior citizen, congregate care, and/or group quarter facilities located in R-2 or less intensive residential zones.
17.40 250 Service Stations & Service Station Conversations
A. Purpose and Applicability
This Subsection provides design requirements for new service stations (gasoline) and service station convertions, subject to applicable discretionary approvals.
B. Development Standards – New Service Stations
1. New service stations shall be permitted only at the intersections of arterial, state highway and collector streets. A maximum of one service station shall be permitted at each intersection. The use shall not face a residential land use district.
2. The minimum parcel size shall be ten thousand square feet, with a minimum street frontage of one hundred feet on each street.
308 of 507
173
December 3, 2019
3. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:
a. The dispensing of petroleum products, water and air from pump islands, b. The provision of emergency service of a minor nature, c. The sale of items via vending machines shall be placed next to the main structure in an area not to exceed thirty-two square feet and shall be screened from public view.
4. Pump islands shall be located behind the front yard setback line, or twenty-five feet from a street property line, whichever is greater; however, a canopy or roof structure over a pump island may encroach up to three feet in the required setbacks. The maximum number of points of ingress/egress to any one street shall be two; except in the case of state highways where a maximum of one shall be permitted.
5. There shall be a minimum distance of one hundred feet between curb cuts along a street frontage.
6. No driveway shall be located closer than fifty feet to the curb return, except in the case of a state highway where the minimum distance shall be one hundred feet.
7. The width of a driveway shall comply with city of Wasco improvement standards.
8. On-site parking shall comply with Chapter 17.36.
9. Outside storage of motor vehicles shall be prohibited.
10. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
11. No vehicle may be parked on the premises for the purpose of advertizing same for sale.
12. Landscaping shall comprise a minimum of five percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the following regulations and those contained in Chapter 17.34:
a. A minimum five-foot wide planter shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties,
b. A planter area of not less than two hundred square feet shall be provided at the corner of two intersecting streets. Landscaping shall have clearance below six feet and above thirty inches,
c. A minimum of fifty square feet of planter area shall be located along those portions of the main structure fronting on a public street, 309 of 507
174
December 3, 2019
d. Additional landscaping may be required to screen the service station from adjacent properties.
13. Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.
14. No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.
15. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.
16. Lighting shall comply with city of Wasco improvement standards for on-site and off-site illumination. Provided, however, that canopy luminaries, and lights in excess of one hundred fifty watts should not be visible from the public right-of- way or adjoining properties
17. Rest room entrances should be located within the structure, however, if access is from the outside of the structure, the view from adjacent properties or public rights-of-way shall be concealed by planters or decorative screening.
18. Noise from bells or loudspeakers shall not exceed sixty-five decibels at the property line at any time.
19. All parking, loading, circulation aisles and pump island bay areas shall be constructed with Portland cement concrete.
C. Development Standards – Service Station Conversions
A structure originally constructed as a service station and which is proposed for conversion to another allowable use, regardless of current use, shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, signage, removal of pump islands, removal of gas tank, removal of overhead doors, nonconforming structures, additional street improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this zoning ordinance.
17.40 260 Single Room Occupancy (SROs)
A. Purpose and Applicability
310 of 507
175
December 3, 2019
This Subsection provides design requirements for single room occupancy facilities, subject to applicable discretionary approvals.
B. Development Standards
Single room occupancy (SRO) facilities are subject to the following standards:
1. SROs shall not be located within five hundred feet of a parcel which has a school for children, adult bookstore or theater or liquor store.
2. SROs shall be located within one-fourth mile of a bus stop and/or have an adequate bus/dial-a-ride turn-out bay adjacent to the site.
3. SROs shall comply with the parking requirements set forth in Chapter 17.36.
4. Any design of an SRO project shall coordinate with and compliment the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area this should be reflected in the design and scale of the SRO project.
5. An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided near an entry located adjacent to front entry/desk area.
6. Exterior common areas and/or open courtyards shall be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the residents. Exterior common areas, including parking areas, should be illuminated.
17.40 270 Storage Containers and Outdoor Storage
1. Purpose and Applicability
This Subsection provides standards for the location and development of temporary storage containers (cargo/shipping containers) and outdoor storage. Temporary storage containers shall be subject to Temporary Use Permit approval per Subsection 17.40.280.
B. Development Standards – Storage Containers
1. Storage containers shall have minimum setbacks of 5 feet from side and rear property lines. Storage containers shall not be located in any front setback area.
311 of 507
176
December 3, 2019
2. Storage containers are allowed as a temporary use, subject to a Temporary Use Permit approval, which shall define the length of time the storage container may remain on a property.
3. Only one storage container is permitted on residential properties.
4. On non-residential properties with 20,000 square feet or less, only one container is permitted. On properties with more than 20,000 square feet of area two containers are permitted. In no case shall there be more than two storage containers on a single property or development site.
5. Storage containers utilized for construction-related storage shall be allowed on non-residential properties for the duration of construction activities and shall be considered a component of a construction yard.
6. On residential properties storage containers shall be limited to a maximum size of 12 feet in length, 8 feet in width, and 8 feet in height.
7. On non-residential properties storage containers shall be limited to a maximum size of 20 feet in length, 8 feet in width, and 8 feet in height. Such containers shall not be stacked on top of another container.
8. All storage containers shall be maintained in a clean and orderly manner, free from graffiti.
C. Development Standards – Outdoor Storage
1. Outdoor storage areas shall be entirely enclosed by a solid wall or opaque fencing as approved by the Planning Director, with a minimum height of 6 feet and a maximum height of 8 feet.
2. Materials within the storage area shall not be higher than the wall or fencing, except where authorized Site Plan Review approval or other applicable approval for the storage area.
3. Where an outdoor storage area abuts a public street right-of-way, the required wall of fencing shall be setback from the right-of-way as required by the applicable zoning district, and the setback area shall be landscaped subject to Site Plan Review approval or other applicable approval.
4. Outdoor storage shall not be permitted in any residential zoning district.
17.40 280 Temporary Uses and Events
312 of 507
177
December 3, 2019
A. Purpose
The purpose of this Subsection is to establish standards for short-term activities, special events and temporary uses on public or private property. The temporary use permit shall allow for short-term activities, typically less than one year in duration, which may be appropriate when regulated.
B. Permitted Uses
Temporary uses are divided into two categories: major and minor.
Major temporary uses may occur on developed or undeveloped private or public property, may last longer than minor temporary uses, and may have a greater potential to create health and safety impacts, create traffic impacts, and/or could potentially disrupt community life. As such they will be subject to greater conditioning to address potential impacts.
Minor temporary uses may occur on developed or undeveloped private or public property, generally commercial, for shorter time periods. These temporary uses produce little noise, and have minimal impacts to adjacent properties or to traffic and public safety.
1. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit:
a. Temporary real estate offices, including modular buildings, and model homes within approved residential subdivisions;
b. Motorhomes, travel trailers/RVs or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The temporary use permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever comes first. Temporary motorhomes, travel trailers and mobilehomes shall be subject to conditions as may be deemed necessary by the planning director. Consistent with Table 2-3 these temporary residences may be permitted by temporary use permit in all residential zones except the R-3 high density zone;
c. Cargo/shipping containers, for one-time temporary storage on a site with an existing permitted use. Storage must be directly related to the primary use and will not be permitted on a continual or regular interval basis. The temporary use permit may be granted for up to sixty days and will be subject to conditions as deemed necessary by the planning director;
d. Christmas tree sales lots may be permitted by a temporary use permit in the A-E, A-L, C-N, C-R and C-D zones consistent with Table 2-6. However, a 313 of 507
178
December 3, 2019
permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license. Such activity shall only be held from November 15th through December 31st;
e. Fairs, festivals, revivals, and concerts, when not held within premises designated to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities, in the zones outlined in Table 2-6;
f. Shows, carnivals, circuses and exhibitions in the zones outlined in Table 2-
6. These uses shall follow regulations set forth in Chapter 5.48.
2. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit:
a. Outdoor display and sales of merchandise within commercial land use districts on private property shall not exceed fifteen days per calendar year per business or organization and are subject to the following provisions:
i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. No permitted sale event shall exceed seventy-two hours.
ii. Set-up and take-down of tents, lighting, tables, merchandise and/or items for the event shall be done each day of the event.
b. Outdoor display and sales of merchandise within the historic downtown district, including sidewalk sales, shall not exceed five events per calendar year and are subject to the conditions outlined in Sections 5.40.020 and
5.40.030, and no single event shall exceed seventy-two hours.
c. Special events other than those covered under major temporary uses subsections (B)(1) of this section shall be required for all entertainment events. Entertainment events may include arts and crafts, exhibits, auctions, farmer’s markets, food events, and other similar events as determined by the planning director.
d. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorships shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code. Car washes will not be permitted during Stages 2 through 5 of water conservation measures as outlined in Section 13.22.060.
314 of 507
179
December 3, 2019
e. Temporary produce stands may be permitted through a temporary use permit in the zones outlined by Table 2-3 and shall follow regulations set forth in Section 5.16.130.
f. Temporary canopies in non-residential zones in compliance with 17.30.020.
B.
C. Temporary Use Permit Application
The planning director shall have approval authority for temporary use permits, except for any temporary use permit involving the sale of alcohol which shall require City Council approval. For temporary uses that are not listed in this section, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use requires a permit and should be classified as major or minor. This determination shall be based on the similarities and differences with the above listed uses and an assessment of the proposed temporary use’s compatibility with surrounding land uses and the zoning district in which the temporary use is proposed.
1. An application for a temporary use permit shall be prepared, filed and processed in compliance with the following:
a. Name and address of sponsoring business or organization;
b. Name and address of the party responsible for the temporary use;
c. Name(s) and address(es) of property owner(s);
d. Assessor’s parcel number(s);
e. The proposed location of the temporary use;
f. A site plan drawn at the scale specified by the planning director, which includes the following information as it pertains to the temporary use:
i. Location, existing uses and setbacks on proposed properties; ii. Location of proposed temporary use, including access and parking; iii. Other specified uses of the property;
g. A narrative description of the proposed use including:
i. Time and dates of use;
ii. Expected traffic generation;
iii. Parking and circulation;
iv. The number of persons engaged in conducting the temporary use.
315 of 507
180
December 3, 2019
h. Such other information as shall be required by the planning director.
2. The applicant shall pay a fee as specified by the master fee schedule; provided, however, that the fee requirements of this chapter shall not apply to community events and fundraising activities by local government agencies, schools, and/or local nonprofit organizations.
D. Temporary Use Permit – Approval, Conditional Approval, Appeal, or Revocation
1. Time for Decision. Completed applications for a temporary use permit that doesn’t include the sale of alcohol may be approved, conditionally approved, or denied by the community development department within fourteen days after the application has been deemed complete. Applications for a temporary use permit involving the sale of alcohol require City Council approval and must be scheduled for a Council agenda for review and action.
2. As part of the approval process for a temporary use permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in this chapter and will result in minimal impacts to adjacent properties. These conditions may involve any factors affecting the operation of the temporary use or event and/or the operation of existing uses on the temporary use site. Conditions imposed may include, but are not limited to, the following:
a. Provision for a fixed time period or maximum number of days without specified dates;
b. Regulation of operating hours and days, including limitation of the duration of the temporary use;
c. Provision for security and safety measures;
d. Provision and use of traffic cones or barricades;
e. Provision to obtain any and all necessary permits required by responsible agencies for the sale of food, beverage and/or other goods or services at the event;
f. Provision of a waste management plan and clean-up to restore the site of the event to its original state;
g. Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.
316 of 507
181
December 3, 2019
3. Appeal. The planning director’s decision on temporary use permit applications may be appealed to the planning commission per Chapter 17.72.
4. Revocation.
a. A temporary use permit may be revoked or modified by the city of Wasco planning director or his designee, after notice and administrative hearing, for any of the following causes:
i. Any fraud, misrepresentation or false statement contained in the application for permit;
ii. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
iii. Any violation of municipal code;
iv. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
5. Notice of administrative hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint or violation, and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address.
E. Permit Nontransferable
No permit shall be transferred to another site (including addition of another site to an application previously approved) or another person without written consent from the planning director or his designee as evidenced by an endorsement on the face of the permit by the planning director or his designee showing the site to which and/or to whom the permit is transferred and the date of the transfer. The planning director or his designee may require compliance with any or all provisions of this chapter as a precondition to consent to any transfer.
F. Indemnification and Insurance
1. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city of Wasco and its council members, agents, officers, attorneys, employees, boards and commissions free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the indemnified parties, and 317 of 507
182
December 3, 2019
that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its council members, agents, officers, attorneys, employees, boards and commissions as a result of the alleged acts or omissions of permittee or permittee’s officers, agents or employees in connection with the uses, events or activities under the permit.
2. Insurance Required for Temporary Uses Taking Place on Public Property. Except as otherwise provided in this section, concurrent with the issuance of a permit under this chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit proof of insurance in the amount of one million dollars, or an amount as may be established by the city council, naming the city as an additional insured.
G. Penalty for Violation
Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1.
H. Unlawful to Use City Name Without Authorization
It is unlawful for any event organizer to use in the title of the event the words "the City of Wasco" or "City of Wasco" or facsimile of the seal or logo of the city of Wasco without prior written authorization from the city manager.
318 of 507
183
December 3, 2019
Chapter 17.42 – Antennas and Telecommunications Facilities
Sections
17.42.010 Purpose and Application.
17.42.020 Definitions.
17.42.030 General requirements.
17.42.040 Satellite dish requirements.
17.42.050 Satellite and antenna development standards.
17.42.060 Limitation.
17.42.070 Permit revocation and modification.
17.42 010 Purpose and Applicability
This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to antennas for wireless telecommunications facilities and amateur radio installations.
These standards are adopted to promote the following objectives:
1. Protect against the potentially adverse effects of telecommunications antenna and facility installation;
2. Protect against visual blight which may result from unregulated installation of antennas and other telecommunications facilities;
3. Protect the environmental resources of Wasco;
4. Insure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided; and
5. Create and preserve telecommunications facilities that will serve as an important and effective part of Wasco’s emergency response network
17.42.020 Definitions
This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to antennas for wireless telecommunications facilities and amateur radio installations.
These standards are adopted to promote the following objectives:
1. "Co-location of telecommunication antennas (co-location)" means the siting of two or more providers’ wireless communication antennas on the same telecommunication tower.
319 of 507
184
December 3, 2019
2. "Geographic antenna coverage area" means the general vicinity within which an antenna serves the transmission requirements of a cellular or other broadcasting network.
3. "Telecommunication antenna" means a structure intended to radiate and/or receive a source of non-ionizing electromagnetic radiation (NIER) and accessory equipment related to broadcast services, private radio services, pagers, beepers, data and common carriers (as regulated by the FCC) including AM, FM, two-way radio, fixed point microwave, commercial satellite, cellular and PCS communication antennas.
4. "Telecommunications accessory equipment structure" means a building or cabinet-like structure located adjacent to, or in the immediate vicinity of a wireless telecommunications tower or antenna to house equipment incidental to the receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging services.
5. "Tower, monopole" means a slender self-supporting tower used to support telecommunications equipment.
17.42.030 General Requirements
This chapter establishes standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to, antennas for wireless telecommunications facilities and amateur radio installations.
1. Use Guidelines and Dimensional Requirements.
a. Location.
i. Co-location of telecommunication antennas shall be required, whenever possible. For towers up to one hundred fifty feet in height, the structure and fenced compound shall be designated to accommodate at least two providers; higher towers, up to two hundred feet, at least three providers.
ii. All co-located (and multiple user) telecommunications antenna shall be designed to promote facility and site sharing. To this end, telecommunication towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities, and equipment buildings shall be shared by site users when in determination of the director, as appropriate, will minimize the overall visual impact to the community. Each telecommunications carrier applicant shall provide a letter to the director stating willingness to allow other carriers to co- locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location. 320 of 507
185
December 3, 2019
iii. An existing use or structure on the same lot shall not preclude the siting of an antenna or tower on that lot. To establish compliance with setback and other zoning requirements, the dimensions of the entire lots shall determine if an antenna or tower may be located there. iv. The minimum distance between wireless communication facilities shall be at least one-half mile radius from any other wireless communication facility in the geographic antenna coverage area.
b. Height.
i. Maximum tower height, including antenna and other attachments, shall not exceed two hundred feet, measured vertically from the pre- disturbance ground level at the center of the tower.
ii. In no case shall a wireless communication facility, tower or antenna exceed the minimum height necessary to accomplish the purpose it is proposed to serve.
c. Permitted Structures. Monopoles shall be the only type of telecommunication towers permitted in Wasco. Neither guyed towers nor lattice-type towers shall be permitted.
d. Setbacks.
i. Telecommunication towers shall be set back from each bordering property line or right-of-way a minimum distance equal to one-half of the tower’s height measured vertically from ground level at the center of the tower to its highest point.
ii. Accessory or component buildings shall be set back a minimum of fifty feet from all property lines and rights-of-way.
e. General Aesthetics.
i. Towers and/or antennas shall be constructed and maintained to minimize visual obtrusiveness in color or finish.
ii. Support buildings and related structures at tower sites shall be of such design, materials and colors to blend with surrounding structures. iii. Outdoor storage of equipment or related items shall be prohibited on tower sites.
iv. Electrical and telephone lines extended to serve a wireless communication facility shall be installed underground.
v. Sound emissions, such as alarm bells, buzzers and the like, shall not be permitted.
g. Fencing. All towers and their accessory equipment structures for any wireless communications facility shall be enclosed by chain link fencing, not less than six feet in height. Such fences may be equipped with anti-climbing 321 of 507
186
December 3, 2019
devices. The gate into the fenced area shall be located so that it is not easily visible from a street or adjacent property.
h. Screening/Landscaping (Buffer).
i. The base of a telecommunications tower, to a minimum height of ten feet above average grade at the tower base, shall not be visible from any public right-of-way.
ii. Screening is required along all exterior sides of the fence described above excluding the gate. Screening shall be a minimum width of twenty feet with two rows of planting material placed ten feet on center, that are a minimum of five feet in height when planted, and that are expected to reach a height of eight feet within three years. Suitable plant types shall be those recommended by the city of Wasco tree planting ordinance to ten feet.
i. Lighting.
i. Telecommunication towers shall be lighted only if specifically required by the FAA, in which case, FAA minimum lighting requirements shall be applied.
ii. When lighting is required by FAA, strobe lights shall be avoided unless specifically required by FAA. When strobe lights are required on telecommunication towers, a dual lighting system of white strobes for daytime lighting and a red flashing light atop the tower for nighttime lighting shall be used.
iii. Except for lighting described in subsection (1)(h)(ii) of this section, all lighting at a wireless telecommunications facility shall be shielded from view of adjacent properties.
j. Signage. Wireless communication facilities shall not display signage, logos symbols or any messages of a commercial or noncommercial nature on towers, support structures or the fence-securing tower. A sign, not visible from a public right-of-way or adjacent residences, shall be posted on the fence gate identifying the current owner of the tower, emergency contact person or agency, and applicable contact numbers.
2. Application Requirements. The following shall be submitted at the time of application:
a. Documentation prepared and sealed by a professional engineer registered in the state of California stating that it is technically or practically impossible to provide a reasonable level of service by co-locating the tower or antenna on an existing structure.
322 of 507
187
December 3, 2019
Technical documentation shall include a map of the search area, all potential co-location sites stating why each is unsuitable, and the total number of towers the service provider currently owns and plans to construct within the geographic antenna coverage area within the next two years.
The applicant must submit, in writing, a declaration from owners of all technically feasible co-location sites that they are unwilling to negotiate space or evidence that the applicant has tried, in good faith to negotiate reasonable terms for co-location and failed.
b. A scaled site plan, scaled elevation view, and supporting drawings, calculations and other documentation, prepared and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements including topography, tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information necessary to assess compliance with this chapter and compatibility with surrounding uses.
c. Documentation that FCC’s minimum lighting standards have been applied.
d. No telecommunications antenna or related facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, any telecommunications antenna and related facilities operating alone or in conjunction with other telecommunications facilities shall not generate electromagnetic frequency (EMF) radiation in excess of the standards for permissible human exposure to EMF as established by the California Public Utility Commission (CPUC) General Order 159, the Federal Communications Act of 1996, and/or including any other standards adopted by the FCC that may come henceforth, be adopted or amended.
A radio frequency radiation (RFR) report from a licensed radio frequency engineer and a copy of the most recent EMF and RFR reports and certifications required by the Federal Communications Commission shall be provided by the carrier at the time any application required by this chapter is submitted to the director, which documents the proposed facility’s anticipated RFR levels.
Documentation that the proposed tower, antennas and equipment comply with all applicable FCC regulations to protect the public from unnecessary exposure to electromagnetic radiation, documentation shall be provided that power density levels do not exceed those permitted by FCC.
e. In addition, all broadcast radio and television facilities and wireless telecommunications facilities where three or more telecommunications antenna or facilities are co-located on the same structure or on a parcel or 323 of 507
188
December 3, 2019
on a separate parcel of land within three hundred feet of another telecommunications antenna or facilities antenna shall prepare and submit an annual RFR monitoring report and a copy of any RFR reports or certifications required by the CPUC and FCC. The report shall address the cumulative field measurements of radio frequency emissions of all antennas installed at the subject site or location. The report shall quantify the radio frequency emissions and compare the results with either the most current American National Standards Institute (ANSI) standards, or other standards adopted by the FCC or CPUC. Said report shall be subject to review and approval of the director and shall clearly identify the cumulative field measurements and compare these measurements to the most current ANSI, PCC and CPUC standards for consistency with the accepted standards. If the city finds that the wireless telecommunications facilities service providers do not meet these standards, the service providers shall bring the entire site into compliance with said standards, or be subject to review before the planning commission at a public hearing where the operation permit may be modified or revoked.
Documentation, prepared and sealed by a professional engineer registered in California that the proposed tower and attached antennas do not exceed the minimum height necessary to accomplish the purpose for which they are constructed.
f. A notarized statement by the owner or CEO of the tower specifying the number of co-location sites the owner will make available on the proposed tower and a declaration that such sites will be negotiated in good faith at reasonable terms to other service providers.
g. Documentation, prepared and sealed by a professional engineer registered in California, to demonstrate that the telecommunication tower has sufficient structural integrity for its intended uses. All towers and attached antennas shall be capable of withstanding winds of at least one hundred fifty miles per hour, and an earthquake in Zone No. 4.
h. If the proposed tower or antenna is to be located on lands owned by a party other than the applicant or the city, a copy of the lease agreement with the property owner.
i. Documentation consisting of a certificate of insurance verifying a general liability coverage of at least one million dollars at no cost to the city of Wasco. The certificate shall contain a requirement that the insurance company shall notify the city thirty days prior to the cancellation, modification, or failure to renew the insurance coverage required.
324 of 507
189
December 3, 2019
j. A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures or equipment proposed for the site.
k. A memo of understanding regarding removal of abandoned antennas and towers. Any tower or antenna that is not operated for one hundred eighty continuous days in a twelve-month period shall be considered abandoned.
The owner of such antenna(s) or tower shall be responsible for its removal within ninety days of receipt of such notification by the city. Failure to remove abandoned equipment will result in its removal by the city at the owner’s expense.
3. Review Process. The planning department will use the following criteria in its review of an application for any wireless telecommunication antenna, tower or accessory structure:
a. The use is a public necessity;
b. The facility will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted;
c. The required conditions, specifications, and actions described in this chapter have been met;
d. The value of adjoining property will not be reduced;
e. The location and character of the facility will be in harmony with the area in which it is to be located;
f. Should a court of competent jurisdiction declare this chapter or any part thereof to be invalid, such decision shall not affect the remaining provisions of this chapter nor the zoning ordinance of the city of Wasco which shall remain in full force and effect.
17.42.040 Satellite Dish Requirements
All satellite dish antennae shall comply with the following standards:
1. Prior to installation of a satellite dish antenna in excess of thirty-six inches, all appropriate permits must be obtained from the building division of the city of Wasco.
2. Satellite dish antennae shall be considered as accessory structures and as such shall comply with all height and setback requirements for buildings in the zone in which they are located.
325 of 507
190
December 3, 2019
3. All satellite dish antennae shall be located on the back half of the lot as ground- mounted units only, unless said dish is less than thirty-six inches diameter. All ground-mounted dishes shall have trees and landscaping to screen the dish from adjacent properties. Under no circumstance shall the height of the dish exceed the height of the roof of the primary structure.
4. Satellite dishes less than thirty-six inches in diameter and mounted on structures shall not be visible from public right-of-way and shall be located on the back half of the lot.
5. Antennae may be ground mounted, roof mounted or above ground pole mounted and shall be located on the back half of the lot and comply with the height restrictions as set forth in this chapter.
6. In commercial and industrial zones, all roof-mounted antennae and satellite dishes shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.
7. No commercial advertising of any kind shall be allowed on satellite dish antennae.
17.42.050 Satellite and Antenna Development Standards
All satellite dish and antennae shall comply with the following standards:
1. The planning director and/or planning commission may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.
2. All satellite dish antennae located in residential and commercial districts shall be located to minimize the visual impact on surrounding residential properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impending the efficiency of the dish, to the approval of the planning director or planning commission.
3. Satellite dish antennae shall be painted to blend with their surroundings and shall not be unnecessarily bright, shiny, garish, or reflective.
4. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building department.
5. All proposals for roof-mounted antennae shall be designed by a registered architect, or civil or structural engineer.
326 of 507
191
December 3, 2019
6. The installation of all satellite dish antennae shall be subject to the design of footings, anchorage, and fasteners by a California registered architect, civil or structural engineer, to meet the current city of Wasco Uniform Building Code.
7. The electrical system shall be designed and installed in accordance with the city of Wasco’s current National Electrical Code.
8. All electrical wiring associated with antennae shall be installed underground.
9. A satellite dish antennae shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.
17.42.060 Limitations
Certain parcels of land in the city may not be able to accommodate satellite dish antennae because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the planning director may withhold approval to construct, install and/or maintain a satellite dish antenna. Decisions may be appealed pursuant to Chapter 17.72.
17.42.070 Permit Revocation and Modification
Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.52.110 of this title.
327 of 507
192
December 3, 2019
Chapter 17.43 – Cannabis Uses and Cultivation
Sections
17.43.010 Definitions.
17.43.020 Prohibited Uses.
17.43.030 Indoor Cannabis Cultivation.
17.43.040 Exemptions.
17.43.050 Violation, Penalty.
17.43.010 Definitions
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
1. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, adult use, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
2. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
3. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult use, or any other purpose and includes the activities of any business licensed by the state under California Business and Professions Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, 328 of 507
193
December 3, 2019
manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.
4. "Commercial cannabis use" means the use of any property for commercial cannabis activity.
5. "Compassionate Use Act" means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section
11362.5.
6. "Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.
7. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
8. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.
9. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under California Business and Professions Code Division 10, as the same may be amended from time to time.
10. "Fully enclosed and secure structure" means a space that satisfies all of the following criteria: (1) it is located within a private residence, or an accessory structure (e.g., greenhouse) located upon the grounds of a private residence; (2) it has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (3) it is secure against unauthorized entry; (4) it provides complete visual screening; (5) it is accessible only through one or more lockable doors; (6) it is inaccessible to minors; and (7) it meets all applicable building and zoning code regulations.
11. "Indoors" means within a fully enclosed and secure structure.
12. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
13. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Business and Professions Code Division 10, as the same may be amended from time to time.
329 of 507
194
December 3, 2019
14. "Outdoors" means any location that is not within a fully enclosed and secure structure.
15. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, nonprofit, or any other group or combination acting as a unit, and the plural as well as the singular.
16. "Primary caregiver" shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.
17. "Private residence" means a house, an apartment unit, mobile home, or other similar dwelling that is lawfully used as a residence.
18. "Qualified patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time, but who does not have an identification card.
17.43.020 Prohibited Uses
1. Commercial cannabis uses are expressly prohibited in the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.
2. Subsection A of this section shall prohibit all uses for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time.
3. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
4. No person, including a qualified patient or primary caregiver, may cultivate cannabis indoors unless such cultivation is conducted in strict compliance with Section 17.43.030.
17.43.030 Indoor Cannabis Cultivation
1. A maximum of six cannabis plants may be cultivated in a private residence, or inside an accessory structure located upon the grounds of a private residence. 330 of 507
195
December 3, 2019
2. Only persons twenty-one years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and11362.2.
3. Cannabis cultivation is permitted only within fully enclosed and secure structures.
17.43.040 Exemptions
This chapter does not apply to any of the following:
1. Any commercial cannabis activity the city is required by state law to permit within its jurisdiction pursuant to California Health and Safety Code Section 11362.1, California Business and Professions Code Sections 26054(c) and (d), or any other preemptive statute.
2. Transportation of cannabis and cannabis products through the city’s territory on public roads in compliance with the MAUCRSA by persons holding a state license for such activity
17.43.050 Violation, Penalty
1. No provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by California Health and Safety Code Section 11362.71, et seq. or 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Section 1.08.010 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
2. A court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party in any nuisance abatement action brought to enforce this chapter if, at the initiation of the proceeding, the city elects to seek recovery of its own attorneys’ fees.
331 of 507
196
December 3, 2019
Chapter 17.44 – Mining and Quarrying
Sections
17.44.010 Purpose of provisions.
17.44.020 Definitions.
17.44.030 Permits required.
17.44.040 Reclamation.
17.44.050 Required permit findings.
17.44.060 Annual report requirements.
17.44.070 Development standards.
17.44.080 Noise.
17.44.090 Performance standards.
17.44.100 Noise control officer designated.
17.44.110 Nonconforming production sites.
17.44.120 Nuisance.
17.44.130 Spills.
17.44.140 Building permits.
17.44.150 Insurance.
17.44.160 Indemnification.
17.44.170 Sale of mine.
17.44.180 Right of entry.
17.44.190 Notices.
17.44.200 Violations.
17.44.210 Stop orders.
17.44.220 Revocation of permit.
17.44.010 Purpose
The purpose of the "mining and quarrying regulations" is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future mining and quarrying of minerals, including coal, oil, shale and other hydrocarbon bearing materials and rock, sand and gravel of all types, unless extracted by well, within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.
17.44.020 Definitions
All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or, its successor body.
1. "dB(A)" or "dBA" means the sound level in decibels as measured on a sound level meter using the A-weighting network.
332 of 507
197
December 3, 2019
2. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
3. "Mine" means and includes quarries and means any surface excavation or underground excavation for the extraction of ores, minerals, rock, sand and gravel of all types.
4. "Minerals" means solid homogenous crystalline chemical elements or compounds that results from the inorganic processes of nature, coal, oil, shale and any other hydrocarbon bearing substances, as well as rocks, sand and gravel.
5. "Production facilities" means all equipment used for the purpose of producing or transporting minerals within or through the city, excluding normal public utility gas lines.
6. "Sound level meter" means an instrument meeting or exceeding American National Standard Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
17.44.030 Permits Required
1. Permits. No person or entity shall conduct mining or quarrying operations unless a mining permit, reclamation plan, and financial assurances for reclamation have first been, approved by the city. The following permits shall be required:
a. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing site which has not complied with these regulations, or prior to the construction of any new related facilities for the production of minerals within or through the city.
b. A temporary use permit shall be obtained prior to surface-based exploration or survey for the purpose of locating minerals, excluding any exploratory drilling operations which are subject to a conditional use permit.
c. A temporary use permit shall be obtained by the operator prior to any reworking of a site that has previously complied with these regulations.
2. Emergency Work. Whenever it is necessary to do work on a site to prevent a hazardous condition or the loss of the site, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other 333 of 507
198
December 3, 2019
emergencies must have a preliminary report submitted to the city within twenty- four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.
3. Application Submittal. All applications for conditional use permits listed in subsection 1 of this section shall include the following information in addition to the standard information required for a conditional use permit application:
a. Plan of site, production; storage and all surface facilities and proposed equipment, including the distance to, all existing and approved dwellings and other structures and land uses within a one thousand five hundred foot radius of the subject facility;
b. Names and addresses of the mineral surface and lease owners of the subject mine and parcel;
c. A reclamation plan for the site, which shall include information concerning the mining operation that is required for processing the reclamation plan, including but not limited to environmental review prepared pursuant to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.);
d. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;
e. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through and/or upon which such mine is proposed, and that the applicant is duly authorized by the property owner to make and file the application;
f. A complete legal description of the subject site;
g. A brief description of the manner in which the minerals will be produced and transported if the drilling operation is successful;
h. A phasing plan for the staging of the operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;
i. Copies of all other required permits, insurance and bonds, including but not limited to those required by the Regional Water Quality Control Board;
334 of 507
199
December 3, 2019
j. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four hour period on the site and within a five hundred foot radius, if there are any occupied buildings within that radius;
k. Any and all other information that the city may, in its discretion and from time to time, require;
l. A written agreement duly executed by the applicant that in the event a permit is issued by the city; the applicant will as a condition to any operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval.
17.44.040 Reclamation
1. General Requirements. All reclamation plans shall comply with the provisions of SMARA (Sections 2772 and 2773), Public Resources Code Section (PRC) 2000 et seq., the California Code of Regulations (CCR Sections 3500-3505 and Sections 3700-3713 as may be amended) and the requirements of this chapter.
Reclamation of mined lands shall be carried out in accordance with the requirements of this chapter, the approved reclamation plan and state policy.
The operator shall guarantee all reclamation work accomplished for any period as may be determined necessary by the planning commission to assure the permanency of any or all physical reclamation features and standards.
2. Progressive and Interim Reclamation. Reclamation of mined lands shall take place as soon as practical following completion of mining operations at successive locations within the mining site as specified by the planning commission in the approval of the reclamation plan. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the city.
Each phase of reclamation shall be specifically described in the reclamation plan and shall include:
a. The beginning and expected ending dates for each phase;
b. All reclamation activities required;
c. Criteria for measuring completion of specific reclamation activities; and
d. Estimated costs of each phase of reclamation.
335 of 507
200
December 3, 2019
3. Disposal of Overburden and Mining Waste.
a. Permanent piles or dumps of overburden and waste rock placed on the land surface shall be made stable, shall not block natural drainage without provision for diversion, shall have an overall smooth or even profile and, where practical, shall be placed in the least visible location. Old equipment and similar inert mining wastes shall be removed or buried. Toxic materials shall be removed or protected to prevent leaching.
b. Overburden and mining waste placed below the existing or potential groundwater level shall not reduce the transmissivity or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere.
4. Drainage, Erosion and Sediment Control.
a. Any temporary stream or watershed diversion shall be restored in final reclamation unless determined unnecessary by the planning commission based on recommendation of the county flood control and water conservation district and/or public works agency.
b. Regrading and revegetation shall be designed and carried out to minimize erosion, provide for drainage to natural outlets or interior basins designed for water storage, and to eliminate potholes and similar catchments that could serve as breeding areas for mosquitoes.
c. Silt basins which will store water during periods of surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.
d. Final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.
e. Upon reclamation, no condition shall remain that will or could lead to the degradation of water quality below applicable standards of the Regional Water Quality Control Board or any other agency with authority over water quality.
5. Final Slope Gradient. Final slopes shall be of such gradient as necessary to provide for slope stability, maintenance of required vegetation, public safety, and the control of drainage, as may be determined by engineering analysis of soils and geologic conditions and by taking into account probable future uses of the site. Final slopes shall not be steeper than two feet horizontal to one foot vertical 336 of 507
201
December 3, 2019
unless the applicant can demonstrate to the satisfaction of the planning commission that any such steeper slope will not:
a. Be incompatible with the alternate future uses approved for the site;
b. Be hazardous to persons that may utilize the site under the alternate future uses approved for the site; and
c. Reduce the effectiveness of revegetation and erosion control measures where such are necessary. In no event shall the steepness of slopes exceed the critical gradient as determined by an engineering analysis of the slope stability.
6. Backfilling and Grading. Backfilled and graded areas shall be compacted to avoid excessive settlement and to the degree necessary to accommodate anticipated future uses. If future use of the site contemplates structures for human occupancy, fill placement shall conform to the Uniform Building Code except that alternate methods of backfilling and grading may be utilized when incorporated in the approved reclamation plan. Material used in refilling shall be of a quality suitable to prevent contamination and pollution of groundwater.
7. Resoiling. Resoiling shall be accomplished in the following manner: coarse, hard material shall be graded and covered with a layer of finer material or weathered waste and a soil layer then placed on this prepared surface. Where quantities of available soils are inadequate to provide cover, native materials should be upgraded to the extent feasible for this purpose.
8. Revegetation. All permanently exposed lands that have been denuded by mining operations shall be revegetated unless any such revegetation is determined by the planning commission to be technically infeasible or not beneficial with respect to the intent of this chapter. Revegetation methods and plant materials utilized shall be appropriate for the topographical, soil and eliminate conditions present at the site. Native species shall be used wherever practical.
9. Bodies of Water. Ponds, lakes or bodies of water created as a feature of the reclamation plan shall be approved by the county flood control and water conservation district, the health care services agency and the mosquito abatement district.
10. Additional Requirements. The city may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of city-wide performance standards.
337 of 507
202
December 3, 2019
17.44.050 Required Permit Findings
1. Findings. Any permit issued under this chapter shall require that the following findings shall be made by the planning department:
a. The proposed project complies with the provisions of SMARA and other state regulations; and
b. The reclamation plan:
i. Complies with SMARA Sections 2772 and 2773;
ii. Complies with the applicable state requirements, including but not limited to California Code of Regulations Sections 3500-3505 and 3700-3713;
iii. Complies with the city’s general plan;
iv. Has been reviewed pursuant to CEQA and all significant adverse impacts are mitigated to the maximum extent feasible;
v. Provides that the land and/or resources such as bodies of water to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources, or that suitable off-site mitigation will compensate for related disturbance to resource values;
vi. Provides that the mined land will be restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan; and
vii. Is consistent with the protection of the public health, safety and welfare.
17.44.060 Annual Report Requirements
Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the planning director on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.
17.44.070 Development Standards
The following development standards are applicable to all mineral production operations within the city unless approved otherwise through the conditional use permit procedure:
338 of 507
203
December 3, 2019
1. All production operations shall comply with California Public Resource Code, all regulations of the State Division of Industrial Safety and all other agency regulations which apply to such operations.
19. Minimum Production Site Size. All production sites shall be a minimum of one acre in size in order to accommodate consolidation of equipment, soundproofing; landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for mining operations.
20. Access Roads and Production Site. All private roads used for access to, the production site and the production site itself shall be surfaced with a permanent or semipermanent surface such as rock or gravel and maintained to prevent dust or mud.
21. Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed on-site for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil.
Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.
22. Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit.
23. Abandonment of Site. At such time as the site is abandoned, the responsible party shall abandon the site in accordance with the reclamation plan and all applicable regulations. Furthermore, all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by the planning director of the city upon receipt of a written request by the property owner.
24. Nonproducing Mine. Whenever the cost of production exceeds the revenue produced by mine or whenever a mine is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing mine. When a mine is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a mine.
The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is determined that the mine is no longer economically viable, the mine shall be abandoned in conformance with subsection F of this section.
The operator shall submit, upon request, reports to the city on each mine reflecting the cost/revenue ratio of each mine in order to determined if the mine is nonproducing.
339 of 507
204
December 3, 2019
25. Site Development. At the time of application for a conditional use permit to mining and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different and shall indicate proposed mitigation measures to all anticipated impacts including but not limited to noise, light or glare, odor, traffic, aesthetics, etc.
26. Screening and Landscaping Production Sites. All sites shall be adequately screened from adjoining properties and public rights-of-way, the type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.
27. Mine Location.
a. Setbacks. No new mine or production facility shall be located within:
i. Five hundred feet of any building including dwellings, except buildings incidental to the operation of the mine, unless written permission is obtained from each affected property owner;
ii. One thousand feet of any building used for public assembly, such as schools and churches.
28. Soundproofing. If mining operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment. Soundproofing shall be installed prior to commencement of operations.
29. Signs. All mines shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the owner or operator, twenty-four hour emergency phone number, lease name and name and number of the mine. If the operator changes, it will be the new operator’s responsibility to replace the sign within thirty days after the change.
17.44.080 Noise
1. Noise Limits. No blasting, producing, or other operations (including workover operations) shall produce noise at the property line of a noise sensitive receptor in excess of the following standards unless a permit is granted by the planning department.
340 of 507
205
December 3, 2019
Basic Reference Levels
7 a.m. to 10 p.m. 55dB(A)
10 p.m. to 7 a.m. 50dB(A)
2. Noise measurement and acoustical analysis shall be conducted by a qualified acoustical consultant experienced in the fields of environmental noise assessment and architectural acoustics using a sound level meter. All costs associated with said measurement and analysis shall be borne by the permittee.
17.44.090 Performance Standards
1. Noise Abatement. If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a notice shall be issued to the operator.
Upon receipt of notice, the operator shall submit for the approval of the planning department the procedures the operator will undertake to correct the violation.
Corrective measures must be initiated within twenty-four hours of operator’s receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests. Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.).
2. Light or Glare. It is unlawful for any person to operate, or cause to be operated any production equipment for any mine, or incidental to a mine, within the incorporated limits of the city, in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses. Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.
3. Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.
4. Vibration. Any ground vibration generated by any mining activity which is discernible at any residentially developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city so as to reduce vibration to a minimum.
5. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.
6. Air Pollution. All uses shall comply with regulations of the San Joaquin Valley Unified Air Pollution Control District.
341 of 507
206
December 3, 2019
7. Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.
17.44.100 Noise Control Officer
The noise control officer shall be the planning director or a person, designated by the planning director, of the city. The noise control officer is authorized to enter property for the purpose of investigating complaints of noise or for normal periodic checks of noise levels at production sites.
17.44.110 Nonconforming Production Sites
Production sites legally established within the unincorporated area and subsequently annexed to the city may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing production site which has not complied with these regulations is reworked, it shall then comply with these regulations.
17.44.120 Nuisance
No person shall conduct any mining operation in a manner that would create any noise, odor or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared to be a public nuisance and when determined by the city that a drilling site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.
17.44.130 Spills
In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the planning department. If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.
17.44.140 Building Permits
Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections.
342 of 507
207
December 3, 2019
17.44.150 Insurance
No operations shall commence until the applicant files with the city insurance certificates as follows: permittee shall carry a policy of standard comprehensive general public liability insurance, including coverage’s for: sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution.
The insurance shall name the city as an additional insured for third-party liabilities arising from any mining operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property, damage, naming the permittee and the city, in the amount of one million dollars per occurrence. The deductible must be no greater than ten thousand dollars.
The policy shall provide for a thirty-day cancellation notice to the city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days.
17.44.160 Indemnification
The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator’s negligence shall in any way contribute, or arising out of the operator’s failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.
17.44.170 Sale of Mine
Whenever a mine is to be sold, the permittee shall notify the planning department in writing a minimum of thirty days prior to the effective date of sale.
17.44.180 Right of Entry
Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued of is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care or control of any premises shall fail or neglect to permit entry.
343 of 507
208
December 3, 2019
17.44.190 Notices
Every operator of any mine shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices may be served in person or by mail. Every operator shall, within five days, notify the planning department in writing of any change in such agent or mailing address.
17.44.200 Violations
Any use, operation, building, site, structure, excavation or sump established or used contrary to the provisions of this chapter is deemed to constitute a public nuisance, and shall be subject to abatement, including injunctive relief against the creation, maintenance or allowance of any nuisance as well as such other remedies as may be provided in the municipal code. In addition, any violation of this chapter shall constitute a misdemeanor.
17.44.210 Stop Orders
If any operator is violating any of the provisions of this chapter which affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless there exists special or emergency circumstances.
17.44.220 Revocation of Permit
1. Findings for Revocation. Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission or on appeal by the city council, upon finding either:
a. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit;
b. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city; or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his operations under the permit or upon the premises covered by such permit;
c. That any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons;
344 of 507
209
December 3, 2019
d. That permittee has made a willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.
e. Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner:
i. At a public hearing before the planning commission, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit. ii. Following the public hearing, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after, the service upon him/her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired, said permit shall, without any further or other action of or by the city, be revoked.
2. It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation provided that nothing shall prevent the performance of such operations as may be necessary for safety; or to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.
345 of 507
210
December 3, 2019
Chapter 17.45 – Oil and Gas Production
Sections
17.45.010 Purpose of provisions.
17.45.020 Definitions.
17.45.030 Permits required.
17.45.040 Development standards.
17.45.050 Noise.
17.45.060 Performance standards.
17.45.070 Consolidation of drilling sites.
17.45.080 Noise control officer designated.
17.45.090 Nonconforming drilling or production sites.
17.45.100 Nuisance.
17.45.110 Spills.
17.45.120 Building permits.
17.45.130 Insurance.
17.45.140 Indemnification.
17.45.150 Sale of wellsite.
17.45.160 Right of entry.
17.45.170 Notices.
17.45.180 Violations.
17.45.190 Stop orders.
17.45.200 Revocation of permit.
17.45.210 Development encroachment in petroleum areas.
17.45.010 Purpose
The purpose of the "oil and gas production regulations" is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.
17.45.020 Definitions
Those definitions provided in Public Resource Code Section (PRC) 3000 et seq. relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. All terminology used in this chapter, not defined below, shall be in conformance with applicable publications, of the American National Standards Institute (ANSI) or its successor body. In addition to those definitions in the PRC, the following shall apply:
346 of 507
211
December 3, 2019
1. "dB(A)" or "dBA" means the sound level in decibels as measured on a sound level meter using the A-weighting network.
2. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Production facilities means all equipment, pipelines, etc., used for the purpose of producing or transporting oil, gas and other hydrocarbon substances within or through the city, excluding normal public utility gas lines.
Sound level meter means an instrument meeting or exceeding American National Standard Institute’s Standard S 1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
17.45.030 Permits Required
1. Permits. Appropriate permits shall, be obtained from the city for all oil, gas or other hydrocarbon operations including, but not limited to, seismic or geophysical oil or gas exploration or survey, drilling a new or reworking an existing well for oil; gas or other hydrocarbon substances, construction of related facilities for oil, gas or other hydrocarbon production. The following permits shall be required:
a. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.
b. A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any, exploratory drilling operations which, are subject to a conditional use permit.
c. A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.
2. Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty- four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.
347 of 507
212
December 3, 2019
3. Application Submittal. All applications for conditional use permits listed in subsection A of this section shall include the following information in addition to the standard information required for a conditional use permit application:
a. Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and, other existing and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a one thousand five hundred foot radius of the subject oil/gas facility;
b. Names and addresses of the mineral, surface and lease owners of the subject well and parcel;
c. A statement of the provisions for water for the drill rig;
d. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;
e. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;
f. A complete legal description of the subject site;
g. A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;
h. An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;
i. A phasing plan for the staging of the drilling operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;
j. Copies of all other required permits, insurance and bonds, including but not limited to those required by the California Division of Oil and Gas (DOG), the Regional Water Quality Control Board and the Bay Area Quality Management District;
k. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four hour period on 348 of 507
213
December 3, 2019
the drill site and within a five hundred foot radius, if there are any occupied buildings within that radius;
l. Any and all other information that the city may, in its discretion and from time to time, require;
m. A written agreement duly executed by the applicant that in the event a permit is issued by the city, the applicant will as a condition to any operations within the city faithfully comply with and abide by each and all of the provisions; requirements, and, conditions of this chapter, and conditions of approval
17.45.040 Development Standards
The following development standards are applicable, to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure:
1. All drilling and production operations shall comply with California Public Resource Code Section 3000 et seq., all regulations of the State DOG, State Division of Industrial Safety and all other agency regulations which apply to such operations.
2. Minimum Production Site Size. All production sites shall be a minimum of one acre in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for drilling operations.
3. Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semipermanent surface such as rock or gravel and maintained to prevent dust or mud.
4. Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed on-site for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil.
Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.
5. Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit.
6. Abandonment of Site. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with the DOG regulations for urban areas and all other applicable regulations. 349 of 507
214
December 3, 2019
Furthermore, the drill or production site and all access roads shall be restored "to their original condition or as nearly as practicable unless approved otherwise by the DOG and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the DOG approval showing compliance with all abandonment proceedings under state law.
7. Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well.
When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well. The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is determined that the well is no longer economically viable, the well shall be abandoned in conformance with subsection F of this section. The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.
8. Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different and shall indicate proposed mitigation measures to all anticipated impacts including but not limited to noise, light or glare, odor, traffic, aesthetics, etc. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses.
9. Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, the type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.
10. Well Location.
a. Setbacks. No new well, storage tank or production facility shall be located within:
i. Five hundred feet of any building including dwellings, except buildings incidental to the operation of the well, unless written permission is obtained from each affected property owner, and subject to DOG standards;
ii. One thousand feet of any building used for public assembly, such as schools and churches.
350 of 507
215
December 3, 2019
11. Soundproofing If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist. Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:
a. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling; provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.
b. Any well which is to be drilled or redrilled, and which is within five hundred one to one thousand feet of any occupied building shall be enclosed by a plywood fence with fire resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade.
Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound insulating materials, or other methods proposed by the applicant or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.
351 of 507
216
December 3, 2019
12. Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator’s responsibility to replace the sign within thirty days after the change.
13. Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute (API), and meet the following standards:
a. All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public right-of- way, school, residence or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.
b. All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of the DOG.
14. Permittee shall immediately remove the derrick and all other structures not required in the event that only gas is produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.
15. Storage Tanks/Production Equipment.
a. Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.
b. Each oil gas separator shall be equipped with both a regulation pressure- relief safety valve and a bursting head.
c. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.
352 of 507
217
December 3, 2019
d. All tanks and attached fixtures shall be constructed and maintained in accordance with API, OSHA, California Division of Industrial Safety, DOG, National Fire Protection Association (NFPA) and EPA standards.
e. Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.
f. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.
g. New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of the DOG and NFPA. The volumetric capacity of a diked area shall not be less than the capacity necessary to hold the full volume of the largest tank below the height of the dike.
h. Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured in place concrete. Asphaltic surfacing shall be required on all earthen dikes.
Surfacing shall be impervious and prevent leaching through pavement.
i. All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.
k. All production equipment shall be kept painted in neutral, earth tone colors and maintained at all times.
17.45.050 Noise
1. Noise Limits. No drilling, producing, or other operations (including work over operations) shall produce noise at the property line of a noise sensitive receptor in excess of the following standards, with respect to these basic reference levels.
Basic Reference Levels
7 a.m. to 10 p.m. 55 dBA
10 p.m. to 7 a.m. 50 dBA
353 of 507
218
December 3, 2019
2. Noise measurement and acoustical analysis shall be conducted by a qualified acoustical consultant experienced in the fields of environmental noise assessment and architectural acoustics using a sound level meter. All costs associated with said measurement and analysis shall be borne by the permittee.
17.45.060 Performance Standards
1. Noise Abatement. If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a notice shall be issued to the operator.
Upon receipt of notice, the operator shall submit for the approval of the planning department the procedures the operator will undertake to correct the violation.
Corrective measures must be initiated within twenty-four hours of operator’s receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests. Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.).
7. Light or Glare. It is unlawful for any person to operate, or cause to be operated any production equipment for any mine, or incidental to a mine, within the incorporated limits of the city, in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses. Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.
8. Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.
9. Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any residentially developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city so as to reduce vibration to a minimum.
10. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.
11. Air Pollution. All uses shall comply with regulations of the San Joaquin Valley Unified Air Pollution Control District.
12. Flaring Wells. The flaring of wells shall be limited to daylight hours only.
13. Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m. 354 of 507
219
December 3, 2019
17.45.070 Consolidation of Drilling Sites
1. Site Development. At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.
2. Limiting Drilling Sites. Whenever a new drilling site is proposed, the proponent shall analyze in conjunction with the city and the DOG, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.
17.45.080 Noise Control Officer Designated
The noise control officer shall be the planning director or a person, designated by the planning director, of the city. The noise control officer is authorized to enter property for the purpose of investigating complaints of noise or for normal periodic checks of noise levels at drilling or production sites.
17.45.090 Nonconforming Drilling or Production Sites
Drilling or production sites legally established within the unincorporated area and subsequently annexed to the city may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing drilling or production site which has not complied with these regulations is reworked, it shall then comply with these regulations.
17.45.100 Nuisance
No person shall conduct any oil or gas operation in a manner that would create any noise, odor or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared to be a public nuisance and when determined by the city that a drilling site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.
355 of 507
220
December 3, 2019
17.45.110 Spills.
In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the planning department. If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.
17.45.120 Building Permits.
Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections for drilling/redrilling and/or pumping units if electrical motors are utilized.
17.45.130 Insurance.
No operations shall commence until the applicant files with the city insurance certificates as follows: permittee shall carry a policy of standard comprehensive general public liability insurance for the drilling period, including coverage’s for sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution. The insurance shall name the city as an additional insured for third-party liabilities arising from any oil/gas drilling operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property damage, naming the permittee and the city of Ripon, in the amount of one million dollars per occurrence. The deductible must be no greater than ten thousand dollars. The policy shall provide for a thirty-day cancellation notice to the city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days.
17.45.140 Indemnification.
The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator’s negligence shall in any way contribute, or arising out of the operator’s failure to comply with the 356 of 507
221
December 3, 2019
provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.
17.45.150 Sale of Wellsite
Whenever a well is to be sold, the permittee shall notify the planning department in writing a minimum of thirty days prior to the effective date of sale.
17.45.160 Right of Entry
Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care or control of any premises shall fail or neglect to permit entry.
17.45.170 Notices
Every operator of any well shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices may be served in person or by mail. Every operator shall, within five days, notify the planning department in writing of any change in such agent or mailing address. The operator shall submit to the planning department a copy of the Division of Oil and Gas report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance or exchange of any oil/gas facilities.
17.45.180 Violations
Any use, operation, building, tank pipeline, site, structure, excavation or sump established or used contrary to the provisions of this chapter is deemed to constitute a public nuisance, and shall be subject to abatement, including injunctive relief against the creation, maintenance or allowance of any nuisance as well as such other remedies as may be provided in the city municipal code. In addition, any violation of this chapter shall constitute a misdemeanor.
17.45.190 Stop Orders
If any operator is violating any of the provisions of this chapter which affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless ordered by the DOG due to special or emergency circumstances.
17.45.200 Revocation of Permit
357 of 507
222
December 3, 2019
1. Findings for Revocation. Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission or on appeal by the city council, upon finding either:
a. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit;
b. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city; or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his operations under the permit or upon the premises covered by such permit;
c. That any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons;
d. That permittee has made a willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.
e. Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner:
i. At a public hearing before the planning commission, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.
f. Following the public hearing, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after, the service upon him/her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired, said permit shall, without any further or other action of or by the city, be revoked.
358 of 507
223
December 3, 2019
2. It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation provided that nothing shall prevent the performance of such operations as may be necessary for safety; or to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.
17.45.210 Development Encroachment in Petroleum Areas
1. On-site Petroleum Facilities. Where a developer proposes to subdivide, rezone or otherwise develop property, which contains existing drilling and/or production operations, the developer may provide a plan showing how all existing petroleum related facilities will be protected and integrated into the proposed development so such facilities will satisfy the requirements of this chapter. The developer may also submit a plan of the ultimate use of the land after cessation of petroleum operations and abandonment of the wells. Any buildable lot containing an area which may not be built upon because development could not comply with this chapter shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. If a final map is filed, such encumbrance shall be recorded concurrent with the final map. If a petroleum facility is subsequently abandoned, such lot may then be considered for development, pursuant to this chapter.
2. Abandoned Wells. Tentative maps, planned development and other development plans submitted to the city may show the location of all wells drilled on the property. Prior to development of an area, any well shown as abandoned shall be accompanied by written verification for the DOG. Development shall be designed such that the building official is satisfied that no structure will be built within ten feet of any well that has been properly abandoned pursuant to DOG requirements. Any lot or parcel containing an abandoned well shall be encumbered with a deed, restriction specifying the exact location of such well and prohibiting any construction within said ten-foot area. If a final map is recorded, the encumbrance shall be recorded concurrent with the final map. The DOG, at their discretion, may also require that any abandoned well be uncovered, tested for leakage; require remedial work on leaking wells, and be accurately located on the final map before recordation of the map.
3. Drilling Islands. As part of any rezoning, subdivision, or other development, the developer may provide the city with written documentation that he/she has contacted all mineral rights owners who have rights of surface entry on the property, to either reserve lands for future drilling and/or production operations as drilling islands, or to waive their rights to drill for oil and gas under the surface, within the subject site. Drilling islands shall be no less than two and one-half net acres in size, configured so that the proposed development and petroleum activities can be adequately buffered from one another, provide for adequate access, and be accompanied with a plan of the ultimate use of the site 359 of 507
224
December 3, 2019
after abandonment or a decision not to pursue petroleum operations. Future drilling and/or production operations shall be required to acquire necessary permits as well as satisfy all wellsite development standards.
360 of 507
225
December 3, 2019
Chapter 17.46 – Recycling Facilities
Sections
17.46.010 Purpose of Provisions.
17.46.020 Definitions.
17.46.030 Reverse Vending Machines - Development Standards
17.46.040 Small Collection Facilities - Development Standards
17.46.050 Large Collection Facilities - Development Standards
17.46.060 Processing Facilities – Development Standards.
17.46.010 Purpose
The purpose of this Section is to establish reasonable and uniform limitations, safeguards and controls for the operation of recycling facilities within the city.
17.46.010 Definitions
For the purposes of this Section the following definitions shall apply:
1. “Collection Facility” means a center for the acceptance by donation, redemption, or purchase of recycling materials from the public.
2. “Collection Facility – Small” means a facility that occupies an area of 500 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
a. A mobile unit to be removed from the site on a daily basis;
b. Bulk reverse vending machines;
c. Kiosk-type units which may include permanent structures;
d. Unattended containers placed for the donation of recyclable materials.
3. “Collection Facility – Large” means a facility that occupies an area of more than 500 square feet and/or includes permanent structures where the public may donate, redeem, or sell recyclable materials.
4. “Convenience Zones” means an area within one-half mile radius of a supermarket.
5. “Mobile Recycling Unit” means an automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable 361 of 507
226
December 3, 2019
materials, including bins, boxed, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
6. “Processing Facility” means a building or enclosed space used for the collection and processing of recyclable materials to prepare either for efficient shipment, or to an end user’s specifications by means such as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
7. “Processing Facility – Light” means facilities that occupy areas under forty-five thousand square feet of collection, processing and storage area, and average two outbound shipments per day. Light processing facilities are limited to bailing, briquetting, compacting, grinding, crushing, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred; compact, or bale ferrous metals other than food or beverage containers.
8. “Processing Facility – Heavy” means any processing facility other than a light processing facility.
9. “Recycling Facility” means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residential, commercial or manufacturing designated parcel used solely for the recycling of material generated on the parcel.
10. “Recycling or Recyclable Material” means reusable domestic containers including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include reuse of hazardous materials.
11. “Reverse Vending Machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.
362 of 507
227
December 3, 2019
12. “Supermarket” means a full service, self-service retail store of at least twenty thousand square feet which sells a line of dry grocery, canned goods, or non- food items and some perishable items.
17.46.030 Development Standards – Reverse Vending Machines
1. Shall only be installed indoors as an accessory use to a commercial use which is in full compliance with all applicable provisions of this development code and the city of Wasco Municipal Code;
2. Shall be located within thirty feet of the entrance to the commercial store and shall not obstruct pedestrian or vehicular circulation;
3. Shall not occupy more than fifty square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;
4. Shall be constructed and maintained with durable waterproof and rustproof material;
5. Shall be clearly marked to identify type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
6. Shall be maintained in a clean, sanitary and litter-free condition on a daily basis;
7. Operating hours shall be consistent with the operating hours of the primary use;
8. Shall maintain an adequate on-site refuse container for the disposal of nonhazardous waste.
17.46.040 Development Standards – Small Collection Facilities
1. Small collection facilities located within applicable commercial and industrial land use districts shall be allowed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this title and the municipal code;
2. Shall be no larger than five hundred square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
3. Shall comply with the setbacks of the base zoning designation, and shall not obstruct pedestrian or vehicular circulation;
363 of 507
228
December 3, 2019
4. Shall accept only glass, metals, plastic containers, papers and reusable items;
5. Shall use no power-driven processing equipment except for reverse vending machines;
6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule.
Cargo containers are not permitted;
7. Shall store all recyclable material in the collection unit and shall not leave the materials outside the unit when the attendant is not present;
8. Shall be maintained in a clean and sanitary manner free of litter and any other undesirable materials, including mobile facilities;
9. Shall not exceed noise levels of sixty-five dba as measured at the property line of adjacent residential land use districts;
10. Attended facilities shall not be located within one hundred feet of any residential land use district;
11. Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and to harmonize with the surrounding uses and neighborhood;
12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling container enclosure of containers;
13. Signs may be provided as follows:
a Recycling facilities may have identification signs with a maximum of eight square feet. In the case of a wheeled facility, the side will be measured from the ground to the top of the container;
b. Signs shall be consistent with the character of their location; c. Directional signs consistent with Chapter 17.38 (Sign), bearing no advertising message may be installed with the approval of the planning director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
14. The facility shall not impair the landscaping required by Chapter 17.34 of this title for any concurrent use;
364 of 507
229
December 3, 2019
15. No additional parking space shall be required for customers of a small collection facility located at the established parking lot of a primary use. One space shall be required for the attendant, if determined necessary by the planning director.
16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
17. Occupat ion of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required by the primary use unless all of the following conditions exist:
a. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and b. The permit shall be reviewed at the end of eighteen months;
18. Small collection facilities shall not operate between the hours of seven p.m. and seven a.m.;
19. Small collection facilities shall be screened from public right-of-way view and from adjacent residential land use districts, with opaque six-foot fencing or screening, subject to Planning Director review and approval;
20. Small collection facilities shall maintain adequate refuse containers for the disposal of nonhazardous waste;
21. Small recycling facilities shall not be clustered and shall be located at least one- half mile from the nearest similar facility;
22. Conditions of approval for a small recycling facility shall be clearly visible on the site for the public’s inspection at all times.
17.46.050 - Development Standards – Large Collection Facilities
1. Large collection facilities located within applicable commercial and industrial land use districts shall be larger than 500 square feet and allowed on a separate parcel not accessory to a primary use. These facilities may also include a permanent structure.
2. The facility shall not abut a parcel designated or planned for residential use;
3. The facility shall be screened from the public right-of-way, within an enclosed structure;
4. Structure setbacks and landscape requirements shall be those provided for in the land use district which the facility is located;
365 of 507
230
December 3, 2019
5. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a six-foot, solid decorative masonry wall. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage;
6. The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;
7. Space shall be provided on site for six vehicles to circulate and to deposit recyclable materials;
8. Parking shall be provided in accordance with Chapter 17.36 plus one parking space for each commercial vehicle operated by the recycling facility shall be provided for on-site;
9. Noise levels shall not exceed sixty-five dba as measured at the property boundary or any area planned for residential use. It shall not be in operation between the hours of seven p.m. and seven a.m.;
10. Any containers provided for after-hours donation of recyclable materials shall be at least fifty feet from any residential land use district, permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials;
11. Donation areas shall be kept litter free and of the undesirable material and the containers will be clearly marked to identify type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;
12. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation; identification and informal signs shall meet the standards of the land use district; and directional signs bearing no advertising message may be installed with the approval of the planning director, if necessary to facilitate traffic circulation;
13. Adequate refuse containers for the disposal of nonhazardous waste shall be maintained on the site;
14. Conditions of approval for a large recycling facility shall be clearly visible on the site for the public’s inspection at all times.
17.46.060 Development Standards – Processing Facilities
366 of 507
231
December 3, 2019
Light processing facilities and large processors shall comply with the following standards:
1. Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility;
2. The facility shall not abut a residentially designated parcel;
3. In the I-L zone, the facility shall operate in a completely enclosed structure;
4. Power-driven processing shall be permitted provided all noise level requirements are met. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding and sorting of source- separated recyclable materials and the repairing of reusable materials;
5. A light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact or bale ferrous metals other than food and beverage containers;
6. Structure setbacks and landscaping requirements shall be those provided for in the land use district in which the facility is located;
7. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable materials (allowed only in the I-H zone) shall be constructed of nonflammable material. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage;
8. The site shall be maintained clean, sanitary and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present;
9. Space shall be provided on-site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of eight customers at any one time;
10. Parking shall be provided in accordance with Chapter 17.36;
11. Noise levels shall not exceed sixty-five dba as measured at the property boundary or any area planned for residential land use districts;
367 of 507
232
December 3, 2019
12. If the facility is located within five hundred feet of property designated or planned for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility shall be administered by on-site personnel during the hours the facility is open;
13. Any containers provided for after-hours donation of recyclable materials shall be at least one hundred feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials;
14. Donation areas shall be kept free of litter and any other undesirable material.
The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;
15. Conditions of approval for light processing facilities and large processors shall be clearly visible on the site for the public’s inspection at all times;
16. Signs shall be installed pursuant to Chapter 17.38 (Signs). Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;
17. No dust, fumes, smoke, vibration, odor, or glare above ambient level shall be detectable from adjacent residentially designated parcels;
18. The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste.
368 of 507
233
December 3, 2019
Chapter 17.47 – Traffic Impact Studies
Sections
17.47.010 Purpose and Application.
17.47.020 Definitions.
17.47.030 Thresholds.
17.47.040 Process.
17.47.050 General requirements.
17.47.010 Purpose and Application
This section establishes requirements and procedures pertaining to traffic impact analysis. These requirements are intended to inform the applicant of the city’s expectations, expedites the staff’s review process, provide standard criteria for evaluating development proposals, and establish equitable mitigation and cost sharing policies.
Traffic impact studies may be required for all development including residential, commercial and industrial, rezonings, tentative maps and site plans. The Planning Director and Public Works Director will determine the need to prepare project- specific traffic impact studies. All transportation impact studies shall be performed by a consultant qualified to perform such studies. Requirements for mitigating negative traffic impacts shall apply.
17.47.020 Definitions
1. "Base volumes" shall be based on current traffic counts adjusted to the expected date of final occupancy. In all cases when ground counts are needed and not available, the developer or his agent shall be required to collect such data.
2. "Design year" means the design year is the point in time upon which assumptions pertaining to land use, population, employment, and transportation facilities are based.
3. "Horizon year" unless otherwise specified or approved by the director of transportation, the horizon year shall be twenty years into the future from the year during which a traffic impact study is being prepared.
4. "Internal trips" means trips that are made within a multi-use or mixed-use development, by vehicle or by an alternate mode, such as walking.
5. "Levels of service (LOS)" is a measurement of the level of congestion experienced on roadways. The desirable LOS of the city of Wasco is level-of- 369 of 507
234
December 3, 2019
service C in the peak hour. LOS shall be measured for both link and intersection operations. Level of service is typically summarized by letter grades described as follows:
a. Level "A" is a condition with low traffic volumes, high speeds and free-flow conditions.
b. Level "B" is a condition with light traffic volumes, minor speed restrictions and stable flow.
c. Level "C" is a condition with moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic.
d. Level "D" is a condition with heavy traffic operating at tolerable speeds, although temporary slowdowns in flow may occur.
e. Level "E" is a condition of very heavy flow and relatively low speeds. Under Level "E" the traffic is unstable and short stoppage may occur.
f. Level "F" is a condition of extremely heavy flow, with frequent stoppage and very slow speeds. It is an unstable traffic condition under which traffic often comes to a complete halt.
6. "New trips" means total vehicle trips, minus pass-by trips, minus internal trips, if applicable.
7. "Pass- by trips" means vehicle trips which are made by traffic already using the adjacent roadway and entering the site as an intermediate stop on the way to another destination.
8. "Peak hour" means seven a.m. to eight a.m., or eight a.m. to nine a.m. or the highest four fifteen-minute increments within such time period for the a.m. peak hour; four p.m. to five p.m., five p.m. to six p.m. or the highest four fifteen-minute increments within such a time period for the p.m. peak hour.
9. "Peak hour trip" means the number of directional trips occurring within the peak hour.
10. "Qualified professional" means for purposes of conducting traffic impact studies as may be required by this chapter, a qualified professional shall mean a registered professional engineer with experience in traffic engineering. For purposes of conducting peak hour trip generation studies, a qualified professional shall mean a registered professional engineer with experience in traffic engineering, or another professional approved by the director of transportation based on education and experience to conduct such trip generation studies.
370 of 507
235
December 3, 2019
11. "Traffic impact study" means an analysis and assessment, conducted by a qualified professional, that assesses the effects that a discretionary development proposal’s traffic will have on the transportation network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity depending on the type, size and location of the proposed development.
12. "Transportation improvement program/capital improvement program" means three to five-year schedule and funding program for all approved and committed transportation improvements.
13. "Trip generation" means an estimate of the number of vehicle trips that will be generated due to the new development, which is calculated based on the type and amount of land uses in the proposed development and professionally accepted trip generation rates for each such land use. Trip generation may be expressed on an average daily basis or average peak hour (a.m., p.m. or both).
14. "Trip generation rates" means the city’s criteria for trip generation for various categories of land use and density shall be those set forth in the latest edition of the ITE Trip Generation Manual unless the proposed use does not have a corresponding rate in the manual. Alternative trip generation rates shall be accepted by planning staff before the traffic study is done.
17.47.030 Thresholds
All discretionary projects, as determined by the planning director and public works director, will be required to submit a traffic impact study (TIS) to the planning staff along with their application if their project is deemed to meet the following thresholds or conditions, except where the planning director and public works director may, upon review of the project, determine that a traffic impact study (TIS) is not necessary even though the project may meet one or some of the thresholds or criteria listed below.
1. The peak hour trip generation rate will exceed one hundred peak hour trips per day (see Table 4.2);
2. The California Department of Transportation in consultation with the city of Wasco determines the need of a traffic impact study (TIS) for project fronting a state highway;
3. In close proximity to a school which might be significantly impacted by increased traffic from the development;
4. Or any other project deemed by the city staff to be a safety and general welfare issue;
371 of 507
236
December 3, 2019
5. Projects are cumulative.
TABLE 4.2
PEAK HOUR TRIP GENERATION
Land Use Type Peak Hour Traffic Generation 10%
of Daily Trips
Number of Units (DU, FAR, etc.)**
Single-family residential 100 150
Townhouses 100 295
Apartments 100 245
Condominiums 100 295
Mobilehome park 100 305
Shopping center 100 15,500 sq. ft.
Fast food restaurant* 100 5,200 sq. ft. FAR
Convenience store with gas
pumps
100 1,300 sq. ft. or 5 pumps
Bank with drive in 100 4,400 sq. ft.
Hotel/motel 100 250 rooms
General office 100 55,000 sq. ft.
Medical/dental office 100 37,000 sq. ft.
Research and development 100 85,000 sq. ft. or 4.5 acres Light industrial 100 115,000 sq. ft. or 8 acres
Manufacturing 100 250,000 sq. ft.
* Use midday peak period in calculations
** DU = Dwelling unit
FAR = Floor area ratio
17.47.040 Process
1. An applicant should arrange a preliminary conference or meeting with the planning staff. Subjects to be discussed include:
a. Scope of the study;
b. Data collection;
c. Trip generation, distribution and assignment assumptions; d. Current or planned transportation improvements;
e. Critical points for the traffic;
f. Other approved or proposed developments nearby which should be considered in the study;
372 of 507
237
December 3, 2019
g. Peak periods to be addressed in the study;
h. The use of the most current Highway Capacity Software (HCS); and i. Any special considerations agreed upon to make the study more informative or appropriate.
2. Upon the conclusion of the meeting and prior to conducting the study the applicant shall submit a letter to the planning staff to confirm the issues covered in the meeting.
3. Once the traffic study is completed it should be submitted along with other materials to be reviewed. The traffic study will be included as part of the packet sent out for public review under CEQA, as determined by the City.
17.47.050 General Requirements
1. All traffic impact studies will adhere to the most recent adopted Guidelines for Traffic Impact Studies as published by California Department of Transportation.
2. The latest edition of the ITE Trip Generation Manual will be used for all trip generation rates.
3. As a minimum the traffic impact study (TIS) shall include:
a. Executive Summary
b. Table of Contents
c. List of Figures (Maps)
d. List of Tables
e. Introduction
i. Description of the proposed project
ii. Location of the project
iii. Site Plan including all access to State Highways (site plan, map). iv. Circulation network including all access to State Highways (vicinity map)
v. Land use and zoning.
vi. Phasing plan including proposed dates of project (phase) completion. vii. Project sponsor and contact person(s).
viii. Reference to other traffic impact studies.
f. Traffic Analysis
i. Clearly stated assumptions.
ii. Existing and projected traffic volumes (including turning movements) facility geometry, (including storage lengths) and traffic controls (including signal phasing and multi-signal progression where appropriate), existing and planned travel lanes, lane widths, rights-of- way and pavement condition
iii. Project trip generation including references, distribution and assignment.
373 of 507
238
December 3, 2019
iv. Project generated trip distribution and assignment
v. LOS and warrant analyses-existing conditions, cumulative conditions, and full build-out of general plan conditions with and without the project.
g. Conclusions and Recommendations
i. LOS and appropriate MOE quantities of impacted facilities with and without mitigation measures.
ii. Mitigation phasing plan including dates of proposed mitigation measures.
iii. Define responsibilities for implementing mitigation measures. iv. Cost estimates for mitigation measures and financing plan. h. Appendices
i. Description of traffic data and how data was collected. ii. Description of methodologies and assumptions used in the analysis iii. Worksheets used in the analysis (i.e. signal warrant, LOS, traffic count information, etc.).
374 of 507
239
December 3, 2019
Chapter 17.48 – Williamson Act Regulations
Sections
17.48.010 Purpose.
17.48.020 Williamson Act contracts management.
17.48.030 Filing of map.
17.48.040 Uses permitted after annexation and in transition to urbanization.
17.48.050 Mineral extraction.
17.48.060 Notice of non-renewal--Renewal--Recording requirements.
17.48.070 Cancellation.
17.48.080 Annexation of Williamson Act land.
17.48.010 Purpose
The purpose of this chapter is to prescribe regulations for the continuation, non-renewal, or cancellation of Williamson Act contracts within the boundaries of the city of Wasco or proposed for annexation to the boundaries of the city of Wasco.
17.48.020 Williamson Act Contracts Management
The intent of this section is to provide a method for the management and disestablishment of existing Williamson Act contracts in agricultural preserves within Kern County, which are proposed for annexation to the city boundaries or are currently within the city boundaries, as provided in the Williamson Act as set forth in the California Government Code. It is the intent of the city to file non-renewal notices for Williamson Act contracts which are in force at the time the property is included in the city limits. No new Williamson Act contracts will be initiated on property within the city limits and the city will request Kern County not to create new agricultural preserves within its sphere of influence. The city, after acquiring land under Williamson Act contracts by annexation, shall have all the rights and responsibilities specified in Government Code Section 51235.
17.48.030 Filing of Map
On or before September 1st of each year, the city shall file with the director of conservation a map of the city and designate thereon all Williamson Act contract land in existence at the end of the preceding fiscal year.
17.48.040 Uses Permitted After Annexation and in Transition to Urbanization
Uses permitted under this section shall be consistent with the principles of compatibility set forth in Government Code Section 51238.1(a)(b)(c), and the following uses:
375 of 507
240
December 3, 2019
1. Agricultural Uses.
a. Agricultural and horticultural uses, including, but not limited to greenhouse, orchard, the growing of tree, vine, berry and bush crops, vegetables, flowers and other plants;
b. Harvesting, curing, processing, packaging, and storage incidental to such agricultural uses, shipping agricultural products produced upon the premises, or where such activity is carried on in conjunction with or as a part of an agricultural use in the immediate vicinity;
c. Farms for the keeping or raising of animals, excluding poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, and slaughterhouses unless otherwise specifically permitted in the zoning district which is combined or if they exist on the day the property annexes.
Any new poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, and slaughterhouses and kennels proposed prior to or subsequent to annexation are specifically prohibited.
2. Compatible Uses.
a. Farm dwellings, mobilehomes, and other residential uses occupied by owner/operator or help employed on the premises, including accessory buildings and farm buildings to the farming operation on the premises;
b. Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted, except as noted in subsection (1)(c) above.
17.48.050 Mineral Extraction
Conditions imposed on mineral extraction, including but not limited to oil and gas drilling and production as a compatible use of contracted land shall include compliance with the reclamation standards adopted by the Mining and Geology Board pursuant to Section 2773 of the Public Resources Code, including the applicable performance standards for prime agricultural land and other agricultural land, and no exceptions to these standards may be permitted.
17.48.060 Notice of Nonrenewal – Renewal & Recording Requirements
If either the landowner or the city desires in any year not to renew the contract, that party shall serve written notice of non-renewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least ninety days prior to the renewal date or by the city at least sixty days prior to the renewal date, the contract shall be considered renewed as provided in Government Code Section 51244 or 51244.5. All non- 376 of 507
241
December 3, 2019
renewal notices will be processed in accordance with procedures prescribed in Government Code Section 51245.
17.48.070 Cancellation
The landowner may petition the city council for cancellation of any contract as to all or any part of the subject land. The city council may grant tentative approval for cancellation of a contract only if the findings specified in Government Code, Article 5, Section 51282, and where applicable, in Section 21081 of the Public Resources Code can be found. Any consideration of a cancellation and procedures thereof; will conform to the provisions of Government Code, Article 5, Sections 51281.1 through 51286.
17.48.080 Annexation of Williamson Act Land
The city of Wasco general plan, as amended, allows for the annexation of parcels of land under Williamson Act contract.
377 of 507
242
December 3, 2019
DIVISION 5
Planning Permit Procedures
Chapter 17.50 – City Required Planning Permits and Approvals
17.50.010 – Purpose
17.50.020 - Discretionary Permits and Actions
17.50.030 - Planning Permit Review Authority
17.50.040 – Indemnification
17.50.050 – Initial Application Completeness Review
17.50.060 – Environmental Review
Chapter 17.52 – Permit Review Procedures & Limitations
17.52.010 - Purpose
17.52.020 – Conditional Use Permits
17.52.030 – Determination of Similar Use
17.52.040 – Precise Development Permit
17.52.050 – Reasonable Accommodation
17.52.060 – Site Plan and Design Review
17.52.070 – Specific Plans
17.52.080 – Temporary Use Permits
17.52.090 – Variances
17.52.100 – Zone Regulation Administrative Modification
17.52.110 – Permit Revocation and Modification
17.52.120 – Permits to Run with the Land
17.52.130 – Time Limits on Challenges
17.52.140 – Time Limits and Extensions
378 of 507
243
December 3, 2019
Chapter 17.50 – City Required Planning Permits and Approvals
Sections
17.50.010 – Purpose
17.50.020 - Discretionary Permits and Actions
17.50.030 - Planning Permit Review Authority
17.50.040 – Indemnification
17.50.050 – Initial Application Completeness Review
17.50.060 – Environmental Review
17.50.010 Purpose
This Section identifies and describes the discretionary permits and approvals required by this Zoning Code.
17.50.020 Discretionary Permits and Actions
1. Administrative Permits and Actions: Except when combined with legislative actions or other non-administrative actions defined in this Section, the Planning Director or his designee is the designated Review Authority for the permits and actions listed below.
The Planning Director may grant an exception to any of the standards pertaining to an application under his review where a documented hardship not involving economics exists, or where there are unusual circumstances pertaining to the property, and where the proposed exception would not be detrimental to public health and safety in the neighborhood where the property is located. In addition, the Director, at the Director’s sole discretion, may elevate the level of review to a higher Review Authority.
a. Administrative Zone Regulation Modifications: An administrative action granting exception to certain specified zone development standards in cases where strict compliance would result in a hardship as specified in Section 17.52.100.
b. Density Bonus: An administrative action intended to implement the Housing Element of the General Plan and the requirements of Government Code Sections 65915 through 65918, offering incentives for the development of affordable housing for low and moderate income and senior citizen households, as specified in Section 17.32.
c. Determination of Similar Use: An administrative action determining that a proposed use that is not listed in the zoning ordinance is “similar” in 379 of 507
244
December 3, 2019
character to one or more of the principal uses permitted in a zoning classification, as specified in Section 17.52.030.
d. Home Occupation Permit: An administrative permit authorizing the operation of a specified home based occupation in a particular location, as specified in Section 17.40.130.
e. Reasonable Accommodation: An administrative action authorizing limited modifications to property regulations to accommodate a person with specified disabilities and physical limitations, as specified in Section
17.52.050.
f. Sign Permit: An administrative permit authorizing a variety of permanent and temporary advertising signs with specific provisions and conditions, as specified in Section 17.38.
g. Site Plan & Design Review: An administrative review and permit process providing for review of projects for compliance with site development regulations and/or architectural design guidelines adopted by the City, as specified in Section 17.52.060.
3. Temporary Use Permit: An administrative permit authorizing specific limited term uses in compliance with specified conditions, as detailed in Section 17.40.280.
4. Quasi-Judicial Permits and Actions: Except when combined with legislative actions, the Planning Commission is the designated Review Authority for the following quasi-judicial permits and actions. A public hearing is required for these actions.
5. Conditional Use Permits: A permit authorizing the operation of a specific use of land or structure in a particular location in compliance with specific conditions, as specified in Section 17.52.020.
6. Precise Development Plan: A plan approval authorizing the development of land that may not conform with all zone-driven standards in order to provide superior project design, while complying with the goals and policies of the General Plan for a particular area, as specified in Section 17.24.050 (D).
7. Tentative Tract & Parcel Maps: A plan approval authorizing the division of land for a particular area in compliance with specific conditions, as specified in the City’s Subdivision Ordinance (MC Title 16, Subdivisions).
8. Variances: An action granting exception to the development standards of this Code in cases where strict compliance would result in a unique hardship for the specific property development.
380 of 507
245
December 3, 2019
9. Legislative Actions: The designated Review Authority for all legislative actions is the City Council. A public hearing is required for the following legislative actions:
10. Development Agreements: An agreement between the City and a party with legal or equitable interest in the real property subject to the agreement, relating to the development of the property.
11. General Plan Amendments: An action authorizing a text amendment to the General Plan or a map amendment to the General Plan element maps.
12. Specific Plans: A policy and regulatory document for a particular area which provides for a tailored implementation of the General Plan, as specified in Section 17.52.070.
13. Zone Change: An action authorizing a zoning map amendment changing the zoning designation of a particular property, as specified in Section 17.76.
14. Zoning Code Text Amendment: An action authorizing a text amendment to any portion of the zoning code including text, tables, and diagrams, as specified in Section 17.76.
17.50.030 Planning Permit Review Authority
Table 5-1 identifies the Review Authority responsible for reviewing and making decisions on the various permits and approval actions required by this Zoning Code.
17.50.040 Indemnification
1. Indemnification Requirements for Land Use Approvals.
At the time of submitting an application for a land use approval and as a condition of approval, an applicant requesting a land use approval as herein defined shall agree as a part of the application to defend, indemnify, and hold harmless the city and its agents, officers, council members, commissioners, attorneys, and employees from any claim, action or proceeding brought against the city or its agents, officers, council members, commissioners, or employees to attack, set aside, void or annul a land use approval of the city. The foregoing shall include, without limitation, payment of all damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding.
2. Notification of Claim.
In the event that a claim, action or proceeding referenced in Subsection 1 above is brought, the city shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or 381 of 507
246
December 3, 2019
proceeding. Nothing set forth in this section shall prohibit the city from participating in the defense of any claim, action or proceeding if the city elects to bear its own attorney’s fees and costs.
TABLE 5-1
PLANNING PERMIT REVIEW AUTHORITY1
Type of Permit or Action Code
Section
Planning
Director
Planning
Commission
City Council
Administrative
Administrative Modification 17.52.100 Decision Appeal
Density Bonus 17.32 Decision Appeal
Determination of Similar Use 17.52.030 Decision Appeal
Home Occupation Permit 17.40.120 Decision Appeal
Landscape Plan Review 17.34 Decision Appeal
Lot Line Adjustment Title 16 Decision Appeal
Reasonable Accommodation 17.40.180 Decision Appeal
Sign Permit 17.38 Decision Appeal
Site Plan & Design Review 17.52.060 Decision Appeal
Temporary Use Permit 17.40.270 Decision Appeal
Quasi-Judicial
Conditional Use Permit 17.52.020 Recommend Decision Appeal Parcel Map Waiver Title 16 Recommend Decision Appeal
Precise Development Plan 17.52.040 Recommend Decision Appeal Tentative Parcel Map Title 16 Recommend Decision Appeal Tentative Tract Maps Title 16 Recommend Decision Appeal Variance 17.52.090 Recommend Decision Appeal
Legislative Actions
Development Agreements Recommend Decision
General Plan Amendments Per State Law Recommend Decision Specific Plans 17.52.070 Recommend Decision
Zone Change 17.76 Recommend Decision
Zoning Code Text Amendments 17.76 Recommend Decision
Note:
1 Decision means that the reviewing authority makes the final decision on the matter. Recommend means that the reviewing authority makes a recommendation on action to a higher decision- making body. Appeal means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body.
3. Definitions.
As used herein, "land use approval" shall refer to decisions of the city approving requests of applicants for planning permits including but not limited to general plan 382 of 507
247
December 3, 2019
amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final map modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, Williamson Act contract actions, certificates of compliance, conditional certificates of compliance, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise development plans, specific plans, sign permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval or any accompanying California Environmental Quality Act determinations pertaining to the type of approval referred to in this section, and any other similar approval.
17.50.050 Initial Application Completeness Review
The Planning Director shall review each application for completeness pursuant to the Permit Streamlining Act (Government Code 65920) before it is accepted as being complete and officially filed. The Director’s determination of completeness shall be based on the City’s list of required application contents and any additional information deemed necessary during the initial application review period.
1. Notification of Applicant: Within 30 days following application filing the applicant shall be informed in writing that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information specified in the Director’s letter shall be provided.
Upon receipt of any resubmittal information following a notice of incomplete application, a new 30 day period shall begin during which the Director shall determine the completeness of the application.
2. Time for Submittal of Additional Information: When an application is incomplete, the time used by the applicant to resubmit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by the following Subparagraph 3.
3. Expiration of Application: If an applicant fails to provide the additional information specified in the Director’s “incomplete” letter within 90 days following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the City, unless an extension is approved by the Director for good cause shown.
After the expiration of an application, future City consideration shall require the submittal of a new complete application and associated filing fees.
4. Environmental Information: After an application has been accepted as complete the Director may require the applicant to submit additional information needed 383 of 507
248
December 3, 2019
for environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines.
17.50.060 Environmental Review
1. CEQA Review: After acceptance of a complete application the project shall be reviewed in compliance with the California Environmental Quality Act to determine whether:
a. The proposed project is exempt from the requirements of CEQA;
b. The proposed project is not a “project” as defined by CEQA;
c. A Negative Declaration may be issued;
d. A Mitigated Negative Declaration may be issued; or
e. An Environmental Impact Report (EIR) and related documents shall be required.
2. Compliance with CEQA: These determinations and the preparation of appropriate environmental documents shall be prepared in compliance with CEQA and the City’s CEQA guidelines.
3. Special Studies: One or more special studies may be required to complete the City’s CEQA compliance review. These studies shall be paid for by the applicant and shall become public documents, and neither the applicant nor any consultant who prepared the studies shall assert any rights to prevent or limit the documents’ availability to the public.
384 of 507
249
December 3, 2019
Chapter 17.52 – Permit Review Procedures & Limitations
Sections
17.52.010 - Purpose
17.52.020 – Conditional Use Permits
17.52.030 – Determination of Similar Use
17.52.040 – Precise Development Permit
17.52.050 – Reasonable Accommodation
17.52.060 – Site Plan and Design Review
17.52.070 – Specific Plans
17.52.080 – Temporary Use Permits
17.52.090 – Variances
17.52.100 – Zone Regulation Administrative Modification
17.52.110 – Permit Revocation and Modification
17.52.120 – Permits to Run with the Land
17.52.130 – Performance Guarantees
17.52.140 – Time Limits and Extensions
17.52.150 – Time Limits on Challenges
17.52.010 Purpose
This Section provides procedures and requirements for the preparation, filing, and initial processing of land use permit applications authorized by various sections of this Zoning Code.
17.52.020 Conditional Use Permits
1. Purpose and Applicability
The purpose of this Section is to establish procedures and general standards for the review and approval of conditional use permits authorized by various sections of this Code. Whenever a use is listed in any section of this Code as a use permitted subject to securing a conditional use permit, it shall be approved only if it is consistent with the general plan and meets all requirements of this Code and subject to any conditions deemed appropriate by the decision-making authority.
Conditional use permits are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.
At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use of the established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.
385 of 507
250
December 3, 2019
2. Application Submittal
An application for a conditional use permit shall include:
a. All items and information determined by the Director to be necessary for reviewing and making a determination on the application; and b. Application processing fees as adopted by resolution of the city council.
3. Review and Approval Procedures
a. Each application shall be reviewed by the Planning Director to ensure that the proposal complies with requirements of this Section. Upon being deemed complete the application shall be scheduled for a hearing before the Planning Commission.
b. The Planning Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.
Notice of the hearing shall be provided in compliance with Chapter 17.74.
c. The Commission’s decision is appealable to the City Council in compliance with Chapter 17.72.
4. Findings and Decision
Following a hearing, the commission shall record the decision in a resolution and shall incorporate therein the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings are made:
a. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this zoning ordinance;
b. The proposed use is consistent with the goals and policies in the general plan;
c. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Act (CEQA), this chapter, and other applicable codes and ordinances;
d. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
386 of 507
251
December 3, 2019
e. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city;
f. T he subject site is physically suitable for the type and density/intensity of the use being proposed;
g. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and
h. The proposed use meets the minimum requirements of this chapter applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city of Wasco and the state of California.
5. T erms and Conditions
a. Any conditional use permit may include such terms and conditions as deemed appropriate or necessary by the decision making authority to make the findings specified in this section.
b. Within two years of conditional use permit approval, commencement of construction shall have occurred or the conditional use permit shall become null and void unless an extension is requested and approved per Section
17.52.140. In addition, if after commencement of construction, work is discontinued for a period of one year, then the conditional use permit shall become null and void unless extended per Section 17.52.140. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have a timeline as determined reasonable by the planning commission.
c. All conditions of approval shall be final, and a request to delete or modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.
d. The Commission may, upon a request being filed prior to permit expiration and for good cause, grant a time extension in accordance with Section
17.52.140. Upon granting of an extension, the commission shall ensure that the conditional use permit complies with all current development code provisions.
6. Permit Revocation and Modification
387 of 507
252
December 3, 2019
The commission may hold a hearing to revoke or modify a conditional use permit granted pursuant to the provisions of Section 17.52.110. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such conditional use permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Kern, and/or the project applicant.
a. A conditional use permit may be revoked or modified by the commission if any one of the following findings can be made:
i. That circumstances have changed so that one or more of the findings contained in Sub-section 17.52.020.4 (Findings) can no longer be made;
ii. That the conditional use permit was obtained by misrepresentation or fraud;
iii. That the use for which the conditional use permit was granted has ceased or was suspended for six or more consecutive calendar months;
iv. That one or more of the conditions of the conditional use permit have not been met;
v. That the use is in violation of any statute, ordinance, law or regulation; and
vi. That the use permitted by the conditional use permit is detrimental to the public health, safety or welfare and/or constitutes a public nuisance.
7. Conditional Use Permit to Run with the Land
a. A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon change of ownership of the site, the business, the service, use, or structure which was the subject of the permit application.
b. However, at the Commission’s discretion this provision may be altered through Planning Commission action to adopt a condition stating the Permit is “non-transferable”.
8. Performance Guarantee
388 of 507
253
December 3, 2019
A developer may be conditioned to provide performance security for the faithful performance of any or all conditions of approval, in accordance with Section
17.52.130.
17.52.030 Determination of Similar Use
1. Purpose
When a property owner or applicant, proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zoning district or districts, he/she may request a determination of similar use in accordance with the procedures set out in this section.
2. Request for Determination.
A request for determination of similar use shall be in writing and shall include the following:
a. Name of requesting entity;
b. D escription of the proposed or contemplated use;
c. Identification of the zoning district or districts in which the use is proposed or contemplated;
d. Explanation of why the property owner, applicant, or potential applicant feels the proposed or contemplated use meets the criteria in subsection 6 of this section for determination of similar use.
3. Time of Determination Request.
A request for determination of similar use may be submitted in conjunction with an application for a ministerial or discretionary permit described in this chapter or at any other time as may be convenient to the applicant.
4. Determination of Similar Use by the Planning Director.
Where a request for determination of similar use is submitted, the planning director shall make the determination of similar use. In making this determination, the Director shall first make all of the following findings:
a. The characteristics of, and activities associated with, the use are similar in nature to those of one or more of the uses listed in the applicable zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, 389 of 507
254
December 3, 2019
emissions, or similar impacts than the uses listed as permitted in the zone; and
b. The use will meet the purpose/intent of the zone that is applied to the location of the use; and
c. The use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable Specific Plan or Planned Development Permit.
5. Appeal.
The determination of similar use by the planning director shall be subject to appeal to the planning commission:
a. The requesting entity for the determination may appeal the decision of the planning director on the request for determination of similar use by filing a written notice of appeal with the planning director within ten days of the Director’s written determination.
b. The planning commission may affirm or modify the determination of similar use by the planning director.
6. Applicable Standards and Permit Requirements.
When the Director determines that an unlisted land use is similar to a listed use in a zone, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of the Zoning Code apply.
17.52.040 Precise Development Permit
See Section 17.24.050 (D)
17.52.050 Reasonable Accommodation
1. Purpose
It is the policy of the city of Wasco, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereinafter Acts), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This Section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply 390 of 507
255
December 3, 2019
fully with the intent and purpose of fair housing laws. This Section is intended to apply to those persons who are defined as disabled under the Acts.
2. Findings
The city council finds and determines that:
a. The federal Fair Housing Amendment Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.
b. The Wasco housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.
c. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.
d. This Section is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs
3. Applicability
A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.
A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.
4. Application Requirements
Request for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:
391 of 507
256
December 3, 2019
a. Information to Support Request.
i. The applicant’s name, address and telephone number.
ii. Address of the property for which the request is being made. iii. The current use of the property.
iv. The basis for the claim that the individual is considered disabled under the Acts.
v. The code provision, regulation or policy from which reasonable accommodation is being requested.
vi. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.
If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to:
conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.
5. Review Authority
a. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.
b. Other Reviewing Authority. If a request is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.
6. Review Procedures and Findings
a. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.
b. Other Reviewing Authority. The determination on whether to grant, grant with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision.
The determination shall then be provided in writing to the applicant.
c. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:
392 of 507
257
December 3, 2019
i. Whether the housing, which is the subject of the request, will be used by a disabled individual.
ii. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.
iii. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.
iv. Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.
v. Potential impact on surrounding uses.
vi. Physical attributes of the property and structures. vii. Alternative accommodations which may provide an equivalent level of benefit.
d. Conditions of Approval. In granting a request for reasonable accommodation the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.
7. Appeal of Determination
A determination by the reviewing authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed, pursuant to Chapter
17.72. 17.52.060 Site Plan and Design Review
1. Purpose
The purpose of site plan and design review is to provide a process for the appropriate review of development projects to ensure that the design of proposed development and new land uses are consistent with the City’s adopted ordinances and plans and to assist in maintaining and enhancing the City’s small-town character.
2. Applicability
Site Plan and Design Review shall be required for each project requiring approval of a building permit and/or a planning permit that involves construction, exterior alteration of a building, site or landscaping design, or other similar action affecting the functional or aesthetic qualities of land or structures.
Building or grading permits, business licenses or certificates of occupancy shall not be issued until the requirements of this Section are met. 393 of 507
258
December 3, 2019
3. Application Filing and Processing
An application for Site Plan and Design Review shall include all items determined by the Director to be necessary for making a determination on the application. A pre- application discussion with planning staff regarding a proposed project is encouraged to help in identifying application submittal documentation.
4. Application Review
Each application for Site Plan and Design Review shall be reviewed to ensure that the application is consistent with the purpose of this Section, applicable Zoning Code development standards and regulations, and adopted Design Guidelines and policies that may apply.
5. Findings and Decision
The Review Authority may approve or conditionally approve a Site Plan and Design Review application if it first makes all of the following findings. The development will:
a. Be allowed within the subject zoning;
b. Be in compliance with all applicable development standards and regulations, and adopted Design Guidelines and policies that may apply; c. Be in keeping with the character of the neighborhood or project setting in terms of the project’s general appearance; and
d. Not be detrimental to the harmonious and orderly growth of the City or the public health and safety of its residents.
6. Conditions of Approval
In approving a Site Plan and Design Review application the Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with this Section and the findings required by Subsection
17.52.060 (5) (Findings and Decision), above.
17.52.070 Specific Plans
1. Purpose and Applicability
The purpose of the specific plan (SP) combining district is to provide for the special regulations in areas where environmental or economic opportunities or constraints require the creative and innovative use of land which may be otherwise limited or prohibited by the standard provisions of other parts of this chapter. The specific plan district is designed to allow diversity in the relationship between buildings and open spaces so as to create unique and interesting physical environments, to maximize 394 of 507
259
December 3, 2019
usable open space while at the same time preserving the public health, safety and welfare.
2. Specific Plan Permit Procedures
A Specific Plan district may be initiated by the city, or the property owner or an authorized representative. A Specific Plan district shall be established by ordinance in accordance with the procedures set out in Chapter 17.76. Development within an S-P district shall require a Specific Plan permit for which an application shall be submitted concurrently with an S-P Overlay zoning request. An application shall include all the information required by California Government Code, Article 8, Specific Plans, and all other information determined by the Director to be necessary for review of the application.
3. Development Standards
Development in the specific plan district shall comply with the following standards:
a. All development shall be consistent with the goals and policies of the general plan and with the uses, density and intensity standards of the general plan land use category applicable.
b. Development in the district shall be demonstratively superior to any other development that could occur without the special planning designation. In making this determination, the following factors shall be considered:
i. Appropriateness of the use at the proposed location; ii. The mix of housing styles and costs;
iii. Provisions of units affordable to persons of low and moderate income; iv. Provisions of infrastructure: improvements, including water distribution and sewage collection;
v. Provisions of open space;
vi. Compatibility of proposed use(s) with surrounding area; vii. Use of innovative technology and materials;
viii. Use of innovative architectural design;
ix. Overall contribution to the enhancement of the environment within the city;
x. Creativity in design and land use.
c. The special planning district may only be applied to projects consisting of five or more acres.
d. General development standards are shown in the following Table 5-2.
395 of 507
260
December 3, 2019
TABLE 5-2
GENERAL DEVELOPMENT STANDARDS
SPECIFIC PLAN OVERLAY ZONE
Development Standard Requirement Additional
Requirements
Lot Standards
Minimum Lot Area 5 acres See Section
17.24.020 D Permit
Procedures
Parking Determined by Specific Plan Approval
Landscaping
Minimum Setbacks
Front
Side
Rear
Determined by Specific Plan Approval
See Section
17.24.020 D Permit
Procedures
Structure Height
Height Determined by Specific Plan Approval See Section
17.24.020 D Permit
Procedures
Number of Stories
e. If development approved pursuant to this Section has not commenced within three years of the approval, the city council may initiate a reclassification of the property in accordance with the procedures set out in Chapter 17.76 of this title, unless:
i. Building permits for approved development have been issued within six months of the development expiration date.
ii. A valid tentative subdivision or parcel map for proposed development has been approved.
iii. A written request for extension has been filed before the expiration of the three-year period. Such extension shall be approved by the city council and shall not exceed three years in length. In any event, development approved in accordance with this chapter shall be commenced or necessary final subdivision maps be recorded within six years of the original approval.
f. If the time limits specified herein are not met, the city council may initiate reclassification of the property to a zone(s) consistent with the general plan in accordance with the procedures set out in Chapter 17.76 of this chapter.
g. The planning director may approve minor plan modifications to an approved Specific Plan district site development plan in accordance with the procedures set out in Section 17.52.100 if the planning director determines that the requested modification(s) does not constitute a substantial change in the approved project.
396 of 507
261
December 3, 2019
17.52.080 Temporary Use Permits
See Section 17.40.280
17.52.090 Variances
1. Purpose and Application
Where special physical circumstances exist limiting the development of a particular property in accordance with development standards of a zoning district, relief from the development standards may be secured by the granting of a variance from those standards. The granting or denial of a variance will be based on whether the particular circumstances conform to the standards of this chapter.
2. Application Contents
An application for a Variance shall include all items determined by the Director to be necessary for making a determination on the application. A pre-application discussion with planning staff regarding the variance is encouraged to help in identifying application submittal documentation.
3. Variance Review and Approval
The application for a variance shall be reviewed and approved, conditionally approved, or denied by the planning commission in accordance with the procedures set out in Chapter 17.74 (Public Hearings).
4. Basis for Approval
The planning commission may approve or conditionally approve an application for a variance if it finds all of the following:
a. Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district or districts.
b. The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning districts in which such property is located.
c. The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.
5. Terms and Conditions
397 of 507
262
December 3, 2019
a. Any variance granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of the chapter. If no additional terms or conditions are specified, the variance shall be considered unconditional and valid for an indefinite period.
b. If the development for which a variance has been approved pursuant to this chapter has not commenced, or permits for each development have not been issued, within one year of the granting of the variance, the variance shall become null and void and of no effect, unless an extension has been granted by the decision-making authority, upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
c. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless the conditions are appealed pursuant to Chapter 17.72.
6. Variance Revocation and Modification
Any variance issued pursuant to this Section may be revoked or modified pursuant to Section 17.52.110 of this chapter.
17.52.100 Zone Regulation Administrative Modification
1. Purpose and Application
The purpose of this chapter is to provide limited administrative relief from the application of development requirements specified in this chapter where the granting of the modification would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety, or welfare or to property or residents in the area. A zone regulation modification shall not be granted where the relief sought should more appropriately be sought through the variance procedure.
2. Development Standards Subject to Modification
The planning director may approve modifications to the following design standards:
a. Distance between structures
b. Fence and wall height and setback regulations
c. Open space standards
d. Reduce the required parking spaces in commercial, mixed-use, or industrial properties by up to 10%
398 of 507
263
December 3, 2019
e. Reduce structure setbacks and height by up to 10%
f. Swimming pool regulations
3. Basis for Approval
The planning director may approve or conditionally approve a request for modification if he finds all of the following:
a. The modification does not exceed the limits specified in Subsection
17.52.100(2);
b. The granting of the modification will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity; c. Either of the following:
i. The modification would promote uniformity in development on the lot or in the area,
ii. The modification would alleviate an unreasonable hardship on the property owner or applicant by the strict application of the requirements of this code.
4. Terms and Conditions
a. Any zone modification granted may include such terms and conditions as deemed necessary or appropriate by the decision-making authority to effect the purpose of this code. If no additional terms or conditions are specified, the zone modification shall be considered unconditional and valid for an indefinite period.
b. If the development for which a zone modification has been approved pursuant to this chapter has not commenced, or permits for such development have not been issued, within one year of the granting of the zone modification, the zone modification shall become null and void and of no effect, unless an extension has been granted by the decision-making authority upon the written request for an extension before the expiration of the one-year period. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.
5. Zone Modification Revocation and Modification
Any zone modification issued pursuant to this Subsection may be revoked or modified pursuant to Section 17.52.110.
17.52.110 Permit Revocation and Modification
1. Application
399 of 507
264
December 3, 2019
Any permit, conditional use permit, variance, or zone modification issued pursuant to this chapter may be modified or revoked by the decision-making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:
a. That any term or condition of the permit, conditional use permit, variance, or zone modification has not been complied with.
b. That the property or portion thereof subject to the permit, conditional use permit, variance, or zone modification is used or maintained in violation of any statute, ordinance, law, or regulation.
c. That the use for which the permit, conditional use permit, variance, or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance. d. That changes in technology or in the type of amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.
17.52.120 Permits to Run with the Land
Any use permit, Conditional Use Permit, Temporary Use permit or Site Plan & Design Review approval that is granted in compliance with Chapter 17.52 shall be deemed to run with the land through any change of ownership of the subject site, and all applicable conditions of approval shall continue to apply after a change in property ownership, except as provided below.
a. In any case where a permit or approval expires and becomes void in compliance with Section 17.52.140 (Time Limits and Extensions); and
b. Where a permit approval has been specifically conditioned to be non- transferrable.
17.52.130 Performance Guarantees
1. Deposit of Security
As a condition of any permit or approval issued under this code, upon finding that the City’s health, safety, and general welfare warrant, the Reviewing Authority may require the deposit of financial security in a reasonable amount and form approved by the City Attorney to ensure the faithful performance of one or more of the conditions of the permit or approval, in the event that the obligor fails to perform.
The security shall remain in effect until all of the secured conditions have been 400 of 507
265
December 3, 2019
performed to the satisfaction of the Director in conjunction with the Public Works Director and City Engineer.
2. Release of Security
Upon satisfactory compliance with all applicable provisions of this Section the security deposit shall be released.
3. Failure to Comply
a. Upon failure to perform any secured condition, the City may perform the condition, or cause it to be done, and may utilize the security to pay all costs incurred, including administrative, engineering, legal, and inspection services.
b. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
c. Any cost in excess of the security shall be an obligation of the applicant/owner and a lien on the property.
d. The Director’s determination may be appealed to the Council by the obligor by filing an appeal within 10 days following the decision to withhold the security, in compliance with Chapter 17.72.
17.52.140 Time Limits and Extensions
1. Time Limits on Permits and Approvals
a. Unless a condition of approval or other provision of this Code establishes a different time limit, any permit or approval not exercised within two (2) years of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection 2.
b. A permit or approval shall not be deemed “exercised” until the following have occurred:
i. All conditions of approval that were required to be completed prior to issuance of grading and building permits have been completed; ii. A grading permit, if required, has been issued;
iii. A building permit, if required, has been issued; and iv. Construction activities on the project site, as authorized by the permit or approval, have commenced.
c. Additionally, if after construction activities have started, development work is discontinued for a period of 12 consecutive months, or the proposed use is 401 of 507
266
December 3, 2019
discontinued for a period of 12 months, the permit or approval shall be subject to review by the Review Authority who originally granted the permit or approval to determine if the permit or approval shall be considered expired and become void.
2. Extensions of Time
Upon written request by the applicant, the original Review Authority for the permit may extend the time for the permit to be exercised.
a. Time for Filing: The applicant shall file a written request for an extension of time with the Planning Director before the expiration of the permit. Upon the timely filing of an extension request the permit expiration shall not occur until action by the City on the extension.
b. Evidence Provided: The Director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant have prevented exercising the permit.
3. Action on Extension Request
A permit may be extended by the Review Authority for no more than two additional one-year periods beyond the expiration of the original approval.
17.52.150 Time Limitations on Challenges
Any action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this code, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of the decision and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.
402 of 507
267
December 3, 2019
DIVISION 6
Nonconforming Uses, Structures & Lots
Chapter 17.60 – Non-conforming Uses and Structures
Sections
17.60.010 – Purpose and Application
17.60.020 - Nonconforming Structures
17.60.030 - Nonconforming Uses of Structures
17.60.040 – Non-conforming Uses of Land
17.60.050 – Non-conforming Lots
17.60.060 – Continuation and Maintenance of Nonconformity
17.60.070 – Determination of Non-conforming Status
403 of 507
268
December 3, 2019
Chapter 17.60 – Non-conforming Uses and Structures
Sections
17.60.010 – Purpose and Application
17.60.020 - Nonconforming Structures
17.60.030 - Nonconforming Uses of Structures
17.60.040 – Non-conforming Uses of Land
17.60.050 – Non-conforming Lots
17.60.060 – Continuation and Maintenance of Nonconformity
17.60.070 – Determination of Non-conforming Status
17.60.010 Purpose and Application
Within the zoning districts established by this title, or as subsequently amended, there exist structures, uses, lots, and signs which were lawful before the ordinance codified in this chapter was passed or amended but which would be prohibited or restricted under the conditions of this title or future amendments. The city council of Wasco declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses in the zoning districts involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended.
Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this title.
17.60.020 Nonconforming Structures
1. A nonconforming structure shall not be enlarged in area, space, or volume that will result in an increase in the degree of nonconformity.
2. Any nonconforming permanent structure may be reconstructed, repaired or rebuilt when involuntarily damaged by fire, earthquake, explosion or act of God; provided that:
a. The reconstruction cannot exceed one hundred percent of the total area or number of units that existed prior to the damage.
b. All such reconstruction shall be commenced within one year from the date of the damage, except as provided for in Subsection c. below. c. Nonconforming multifamily structures may be reconstructed pursuant to the provisions and limitations of Government Code Section 65852.25, and shall have up to two (2) years after the date of damage to commence reconstruction.
3. For the purposes of this section nonconforming structures include signs which were lawfully erected but do not conform to the sign regulations of this Code. In 404 of 507
269
December 3, 2019
addition, for the purposes of this section multifamily structures are defined as any residential structure that is divided into two or more independent living quarters.
17.60.030 Nonconforming Uses of Structures
1. Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space, volume occupied, use or trips generated by the facility to such nonconforming use, except as otherwise provided in this chapter.
2. Any part of a permanent building, structure, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
3. Any part of a building, structure, or land occupied by a nonconforming use that has been abandoned for a period of one year or more shall not again be used or occupied for a nonconforming use.
4. If no structural alterations are made, a nonconforming use of a building may be changed to a similar or less intense nonconforming use.
17.60.040 Nonconforming Uses of Land
1. A nonconforming use of land shall not be expanded or extended in any way.
2. A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zoning district in which the subject property lies.
3. Any nonconforming use of land that has been abandoned for a period of one year or more shall not be reestablished.
4. The exploration for or development or production of oil, gas, or other hydrocarbon substances shall not be considered nonconforming uses of land.
5. The use of land for agricultural purposes shall not be considered a nonconforming use of land if the use meets all the following conditions:
a. An individual parcel or combination of contiguous parcels must be at least twenty gross acres in size.
405 of 507
270
December 3, 2019
b. A buffer of at least one hundred fifty feet shall be provided between existing urban development, as measured from the property line, and the proposed agricultural use.
c. Any agricultural operation shall be required to adhere to all federal, state and local laws and regulations. Failure to adhere to these regulations will result in the agricultural operation being declared a nuisance pursuant to the Wasco Municipal Code.
d. Once a site has been developed with uses other than agricultural uses, the site may not be returned to agricultural uses. For the purposes of this section, "development" shall not include approval of any ministerial or discretionary permit or entitlement.
17.60.050 Nonconforming Lots
Any lot which was legally created and recorded pursuant to the requirements of the Subdivision Map Act and City of Wasco Subdivision Ordinance prior to the effective date of the ordinance codified in this Division may be used in conformance with the uses permitted by the zoning district in which it is located; provided, that all other zoning ordinance and general plan requirements are met.
17.60.060 Continuation and Maintenance of Nonconformity
1. Continuation: Except as otherwise provided in this Division, any use, structure, or lot legally in place on the effective date of any ordinance creating the nonconformity may be continued as a legal nonconforming use, structure, or lot respectively.
2. Maintenance: Routine maintenance and repair of uses, structures, or lots which do not increase or alter the nonconformity may be performed.
17.60.070 Determination of Nonconforming Status
Where there is doubt regarding the legal nonconforming status of structures, uses of structures, uses of land, parcel size, or signs, the property owner has the burden to prove the claim of legal nonconformity. The property owner shall submit documentation to the satisfaction of the Planning Director to establish legal nonconforming status.
406 of 507
271
December 3, 2019
DIVISION 7
Zoning Code Administration
Chapter 17.70 – Administration
Sections
17.70.010 – Purpose
17.70.020 - Administrative Responsibility
Chapter 17.72 – Appeals
Sections
17.72.010 – Purpose
17.72.020 - Appeal Subjects and Jurisdiction
17.72.030 – Filing of Appeals
17.72.040 – Processing of Appeals
Chapter 17.74 – Public Hearings
Sections
17.74.010 – Purpose
17.74.040 – Notice of Hearing
17.74.030 – Scheduling of Hearing
17.74.040 – Hearing Procedure
17.74.050 – Notice of Decision
Chapter 17.76 – Amendments to Code
Sections
17.76.010 – Purpose
17.76.020 – Initiation of Amendments by City
17.76.030 – Initiation of Amendments by Individual
17.76.040 – Notice of Public Hearing
17.76.050 – Public Hearing
17.76.060 – Decision by Council
17.76.070 – Time Limitations and Challenges
Chapter 17.78 – Enforcement and Penalties
Sections
17.78.010 Purpose
17.78.020 Complaints Regarding Violations
17.78.030 Inspection.
17.78.040 Notice of Violation.
407 of 507
272
December 3, 2019
17.78.050 Misdemeanor.
17.78.060 Injunctive Relief.
17.78.070 Abatement Proceeding.
17.78.080 Noncompliance with Permit Conditions.
17.78.090 Validity and Issuance of Permits.
408 of 507
273
December 3, 2019
Chapter 17.70 – Administration
Sections
17.70.010 – Purpose
17.70.020 - Administrative Responsibility
17.70.010 Purpose
The purpose of this chapter is to establish general rules and responsibilities for the administration of this Zoning Code.
17.70.020 Administrative Responsibility
1. Planning Agency Defined: In compliance with Government Code Section 65100, the City Council has established a Planning Agency and by adoption of this Zoning Code assigned the functions of the planning agency to the planning department, planning commission, and the city council, as more particularly described below.
2. City Council: The City Council shall perform the duties assigned by the provisions of this Zoning Code including final decisions on development agreements, Zoning Code amendments, General Plan amendments, Zoning Map amendments, and other applicable policy and regulatory matters. The Council shall also review appeals filed from Planning Commission decisions.
3. Planning Commission: The Planning Commission shall perform the duties assigned by the provisions of this Zoning Code including the review of development projects, review of appeals from the Director’s decisions, and make recommendations to the Council on development agreements, Zoning Code amendments, General Plan amendments, Zoning Map amendments, and other applicable policy and regulatory matters.
5. Planning Director: The Planning Director serves as the department head and manages the day-today and long range functions of the Planning Department.
The Director has the responsibility and authority to approve and/or deny applications for various planning reviews including Site Plan and Design Review permits, Sign permits, Temporary Use permits, Home Occupation permits, landscape plan approvals, Administrative Zoning Modifications, and Determination of Similar use. The Director also serves in a support role for the Planning Commission and City Manager.
409 of 507
274
December 3, 2019
Chapter 17.72 – Appeals
Sections
17.72.010 – Purpose
17.72.020 - Appeal Subjects and Jurisdiction
17.72.030 – Filing of Appeals
17.72.040 – Processing of Appeals
17.72.010 Purpose
The purpose of this chapter is to establish procedures for the appeal and review of determinations and decisions of the Planning Director or Planning Commission.
17.72.020 Appeal Subjects and Jurisdiction
1. Director Decision: A determination or decision by the Director may be appealed to the Planning Commission.
2. Commission Decision: Any decision of the Commission may be appealed to the City Council.
17.72.030 Filing of Appeals
1. Eligibility: An appeal may be filed by:
a. Any person affected by an administrative determination or action by the Planning Director.
b. In the case of a planning permit and/or hearing decision, by anyone who, in person or through a representative, presented testimony at a hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing or decision.
2. Timing of Appeal: Appeals shall be filed with the Planning Director on a City application form within 10 calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee and a written statement presenting the pertinent facts of the case and the basis for the appeal.
3. Suspension of Action: Once an appeal of a decision is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable Review Authority. 410 of 507
275
December 3, 2019
17.72.040 Processing of Appeals
1. Scheduling of Hearing: When an appeal has been filed the Planning Director, shall schedule the matter for a Planning Commission agenda, or the City Clerk shall schedule the matter for a Council agenda, as applicable to the appeal.
2. Appeal Report: After the appeal hearing has been scheduled, the Director shall prepare a report on the matter, and forward the report to the appropriate appeal body.
3. Notice of Hearing: Notice of the appeal hearing shall be provided in the same manner as the notice given for the original action that is being appealed.
4. Decision on Appeal: During the appeal hearing the Review Authority may:
a. Consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal; b. Affirm, affirm in part, modify, or reverse the action, determination or decision that is the subject of the appeal, based on findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal;
c. Adopt additional or different conditions of approval that may address issues or concerns other than the subject of the appeal;
d. Deny the permit or action approved by the previous Review Authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or
e. If new or different evidence is presented on appeal the Review Authority may refer the matter back to the Planning Director or Planning Commission, as applicable, for further consideration.
5. Finality of Decision: The findings, decision, and action of the Council on an appeal shall be final.
6. Effective date of Appeal Decision: A decision by the Planning Commission on an appeal is final and effective on the 11
th day after the decision, when no
appeal to the decision has been filed with the Council. A decision by the City Council is effective as of the date of the decision.
411 of 507
276
December 3, 2019
Chapter 17.74 – Public Hearings
Sections
17.74.010 – Purpose
17.74.020 – Notice of Hearing
17.74.030 – Scheduling of Hearing
17.74.040 – Hearing Procedure
17.74.050 – Notice of Decision
17.74.010 Purpose
This Chapter provides procedures for public hearings required by this Zoning Code.
When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted in compliance with this Chapter.
17.74.020 Notice of Hearing
Then public shall be provided advance notice of any public hearing required by this Zoning Code, in compliance with Government Code Sections 65090, 65091, and/or any other State law requirements applicable, as follows.
1. Contents of Notice: The notice for a public hearing shall include the following information, and any additional information determined by the Planning Director to be appropriate.
a. Hearing Information: The date, time, place of the hearing, name of the hearing body, and the phone number and street address of the department where an interested person may call or visit to obtain additional information.
b. Project Information: A general explanation of the matter to be considered, and a general description, in text and/or diagram, of the location of the property that is the subject of the hearing.
c. Statement on Environmental Document: If a draft Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report, or statement of Exemption from the requirements of CEQA has been prepared for the project, the hearing notice shall include a statement that the Review Authority will consider approval or acceptance of those CEQA documents.
2. Method of Distribution: Notice of a public hearing required by this Zoning Code for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65901.
412 of 507
277
December 3, 2019
a. Publication: Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the date of the hearing.
b. Mailing: Notice shall be mailed or delivered at least 10 days before the date of the hearing to the following:
i. Project Site Owners and Applicant for the property being considered in the application;
ii. All owners of real property as shown on the latest County equalized assessment roll within a radius of 300 feet from the exterior boundaries of the parcel that is subject to the hearing; and
iii. Persons requesting notice who have filed a written request for notice with the Planning Director and has paid the required fee for the notice.
c. Alternative to Mailing: If the number of property owners to whom notice would be mailed is more than 1,000, the Planning Director may choose to provide alternative notice by placing a display advertisement of at least 1/8 page in a newspaper of general circulation within the City at least 10 days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3).
17.74.030 Scheduling of Hearing
After the completion of any environmental documents required by CEQA and the preparation of a Department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable Review Authority (Planning Commission or Council) reserved for public hearings, but no sooner than any minimum time period established by State law.
17.74.040 Hearing Procedure
1. Time and Place of Hearing: A hearing shall be held at the date, time, and place form which notice was given. Each hearing shall be conducted in compliance with rules of procedure adopted by the City Council for the applicable Review Authority.
2. Continued Hearing: Any hearing may be continued from time to time without further notice, provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued, prior to the adjournment or recess of the hearing.
3. Decision of Review Authority:
413 of 507
278
December 3, 2019
a. The Review Authority may announce and record its decision on the matter being considered at the end of the conclusion of the scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Subsection 2 above.
b. Unless otherwise required by law, a majority vote shall be required for any formal action by the applicable Review Authority.
c. On a matter before the Planning Commission that requires final consideration and action by the Council, the Planning Commission action shall be to recommend approval, conditional approval, or denial to the City Council.
d. All decisions shall be in writing and if required by law shall contain the written findings upon which the decision is based.
e. The decision of the City Council on any matter shall be final and conclusive.
17.74.050 Notice of Decision
1. Provision of Notice: Within 10 days following the decision on an application for a permit or other approval required by this Zoning Code, the City shall provide written notice of the applicable Review Authority action to the applicant.
2. Contents of Notice: The notice of decision shall contain applicable findings, conditions of approval, and notification of timing and procedure for appeal.
3. Effective Date of Decision:
a. A Planning Director or Planning Commission decision is final and effective on the 11
th day following the date of decision is rendered if no appeal of that decision has been filed.
b. A Council decision adopted by ordinance is final and shall become effective on the 31
st day following the date the ordinance is actually adopted by the Council (following 2nd reading of ordinance), unless otherwise provided in the adopting ordinance.
c. A Council decision adopted by resolution is final and shall become effective on the date the decision is rendered.
414 of 507
279
December 3, 2019
Chapter 17.76 – Amendments to Zoning Code
Sections
17.76.010 – Purpose
17.76.020 – Initiation of Amendments by City
17.76.030 – Initiation of Amendments by Individual
17.76.040 – Notice of Public Hearing
17.76.050 – Public Hearing
17.76.060 – Decision by Council
17.76.070 – Time Limitations and Challenges
17.76.010 Purpose
The purpose of this chapter is to establish procedures for the amendment of this zoning ordinance and zoning maps. Amendments to this ordinance may be initiated by the city council on its own motion, the Planning Director or by the application of any interested person.
17.76.020 Initiation of Amendments by City
The city council or Planning Director may at any time and in any form deemed appropriate by the council initiate an amendment to any portion of this chapter. An amendment may be any of the following types:
1. An amendment to the text of this chapter not changing regulations or standards affecting the use of any property.
2. An amendment to the text of this chapter changing regulations or standards affecting the use of property.
3. Amendment to the official zoning maps reclassifying property from one district to another, including applying a combining district to, or removing a combining (overlay) district from, property.
17.76.030 Initiation of Amendments by Individual
A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official zoning map to reclassify property from one district to another by submitting an application to the planning director.
1. An application for a reclassification of property shall include all information deemed necessary by the Director.
415 of 507
280
December 3, 2019
The application shall be accompanied by the fee established by the city council.
17.76.040 Notice of Public Hearing
1. Notice of public hearing shall follow the requirements of Section 17.74.020.
17.76.050 Public Hearing
Amendment to the text of this Zoning Code changing regulations or standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one district to another shall require a public hearing before the Planning Commission and then before the City Council at a time and place in accordance with the public notice.
Hearing procedure shall follow Chapter 17.74.040(1) and (2), however the city council may establish additional rules for the conduct of such hearings. The name and address of each witness shall be recorded and made a part of the permanent files.
17.76.060 Decision by Council
1. The city council may approve the proposed amendment by ordinance or deny by order following the close of the public hearing. Notice of the Council decision shall be made within thirty-five days thereafter by ordinance. The decision shall be final.
2. Where the amendment was initiated by an interested person pursuant to Section
17.76.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision.
17.76.070 Time Limitations and Challenges
Any action or proceeding to attack, review, set aside, void, or annul any decisions made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity or any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of decision, and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.
416 of 507
281
December 3, 2019
Chapter 17.78 – Enforcement and Penalties
Sections
17.78.010 – Purpose
17.78.020 – Complaints Regarding Violations
17.78.030 – Inspection
17.78.040 – Notice of Violation
17.78.050 – Misdemeanor
17.78.060 – Injunctive Relief
17.78.070 – Abatement Proceeding
17.78.080 – Noncompliance with Permit Conditions
17.78.090 – Validity and Issuance of Permits
17.78.010 Purpose
The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this chapter is violated
17.78.020 Complaints Regarding Violations
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint with the planning department stating fully the causes and basis thereof. In a timely manner the complaint shall be recorded, investigated, and such action thereon as provided by this chapter taken as deemed appropriate.
After a complaint has been filed, a violation reported or observed, the building official, planning director or code officer may initiate an inspection.
17.78.030 Inspection
The building official, code officer or responsible official may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting such premises, building, or structure to determine if the same are being used in compliance with the provisions of this chapter. If admission or entry is refused, the code officer, building official or responsible officer may apply to obtain an inspection warrant.
17.78.040 Notice of Violation
417 of 507
282
December 3, 2019
If, as a result of an inspection, the code officer, building official, planning director or responsible official determine there is a violation of this chapter, the responsible official shall give a ten-day written notice to the party violating this chapter. The notice of violation may be served by certified mail, registered mail, or by any method approved for service process, as set forth and described by the code of civil procedure for the service of process. The notice shall specify that the violation set forth shall be corrected within said period. The responsible official may for good cause extend the time for compliance if the cited party has submitted a plan for correcting the noticed deficiencies.
17.78.050 Misdemeanor
Any person, firm, or corporation that fails to comply with the notice of violation described in Section 17.78.060 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than five hundred dollars or imprisoned for not more than six months in the county jail, or both. Each day the violation of this chapter continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
17.78.060 Injunctive Relief
The city may seek injunctive relief in superior court to abate any violation of this chapter.
Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this chapter may be injurious to the public health or safety.
17.78.070 Abatement Proceeding
Any building or structure, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of land, building, or premises conducted, operated, or maintained contrary to the provisions of this chapter or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the district attorney shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such buildings, structure or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this chapter.
418 of 507
283
December 3, 2019
17.78.080 Noncompliance with Permit Conditions
Whenever a complaint has been received or any city official believes that the conditions of a permit, variance, or other entitlement granted under the provisions of this chapter have been violated, the responsible official shall investigate such allegations. If such a violation, in the opinion of the planning department, has occurred, a notice of violation shall be given in accordance with Section 17.78.060 of this chapter. If correction of the violation does not occur within the specified ten-day period, the responsible official shall notify the planning director. The planning director may, upon receipt of such notice, initiate revocation proceedings in accordance with the provisions of Section 17.52.110 of this title.
17.78.090 Validity and Issuance of Permits
All departments, officials, and public employees of the city of Wasco and where applicable the county of Kern, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and may withhold permits or licenses for uses, buildings, or purposes in conflict with the provisions of this chapter; and any such permit or license issued in conflict with the provisions of this chapter may be deemed null and void. Further, permits or licenses issued for any use permitted by the provisions of this chapter, may be withheld on a parcel of land, wherein it is known by the departments, officials, or employees of the city of Wasco that a violation of this chapter exists.
419 of 507
284
December 3, 2019
DIVISION 8
Property Maintenance & Code Enforcement
Chapter 17.80 – Property Maintenance, Code Enforcement & Abatement
Sections
17.80.010 Purpose and Application.
17.80.020 Definitions.
17.80.030 Prohibited Conduct.
17.80.040 Public Nuisance.
17.80.050 Exemptions.
17.80.060 Maintenance Standards for Developed Properties.
17.80.070 Maintenance Standards for Undeveloped or Vacant Properties.
17.80.080 Compliance Responsibility.
17.80.090 Abatement Procedures.
17.80.100 Adoption of International Property Maintenance Code
420 of 507
285
December 3, 2019
Chapter 17.80 – Property Maintenance, Code Enforcement & Abatement
Sections
17.80.010 Purpose and Application.
17.80.020 Definitions.
17.80.030 Prohibited Conduct.
17.80.040 Public Nuisance.
17.80.050 Exemptions.
17.80.060 Maintenance Standards for Developed Properties.
17.80.070 Maintenance Standards for Undeveloped or Vacant Properties.
17.80.080 Compliance Responsibility.
17.80.090 Abatement Procedures.
17.80.100 Adoption of International Property Maintenance Code
17.80.010 Purpose
The purpose of this chapter is to identify property maintenance standards, and establish procedures for the prosecution and abatement of public nuisance conditions to eliminate visual blight, protect the value of adjacent properties, and to protect the health, safety and general welfare of the community as a whole. This chapter is not the exclusive regulation for public nuisance conditions in the city of Wasco. It shall be in addition to other regulations, codes, statutes and ordinances heretofore or hereinafter enacted by the City of Wasco, the state or any other legal entity, or agency having jurisdiction.
17.80.020 Definitions
The words and phrases contained in this section shall, for the purposes of this chapter, be defined as follows, except where the context clearly indicates a different meaning.
"City code enforcement officer" means the city code enforcement officer or a designee.
"Commercial vehicle" means any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit or persons for hire or compensation.
"Inoperative vehicle" means a vehicle is "inoperative" if it is:
a. Mechanically incapable of being driven; or
b. Prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code Sections 4000, 5202, 24002, or 40001. "On or adjacent to real property" means and includes all areas of the real property including, but not limited to, the rear side, or front yard areas, parkways, sidewalks, or on abutting streets or alleys in all zones in the city except for items 421 of 507
286
December 3, 2019
contained within a receptacle for collection of solid waste pursuant to the city of Wasco Municipal Code.
“Owner, Vehicle” Vehicle owner means the last registered owner and the legal owner of record.
"Parkstrip" means the area between the back of curb and the sidewalk. Where the sidewalk immediately abuts the back of curb the parkstrip is the area between the back of the sidewalk and the street right-of-way line. "Public nuisance" means:
a. Any property that is not maintained pursuant to Section 17.80.060 of this chapter, and is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property.
b. The presence of vacant real property in the city that is not properly secured, fenced, boarded up, and maintained pursuant to Section 17.80.070 of this chapter, and which is in such a condition as to be detrimental to the health, safety, or welfare of the public or the adjoining property. c. The presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, on private or public property not including streets, except as permitted in Section 17.80.050.
d. The breeding and raising of animals whether for domestic, hobby, food, scientific or fur-bearing purposes, except for “household pets” as an accessary use in residential zones (see 17.22.060 Table 2-3). "Public property" means land, buildings, structures, or fixtures that are owned by a public agency. For the purposes of this chapter, public property does not include streets.
"Recreational vehicle" means any travel trailer, camper, motor home, or trailer (as defined in State Vehicle Code Sections 242, 243 and 630, respectively), or any camper shell or boat.
"Residential use" means any property zoned for residential use as established in Chapter 17.20 of this title. Sidewalks, parkways and streets adjacent to residential property shall be considered a residential area for purposes of this chapter.
"Residentially developed property" means any property developed with a conforming dwelling unit or legal nonconforming dwelling unit.
"Responsible official" means city chief law enforcement official, fire chief, building official, code enforcement officer or designee.
"Responsible party" means the owner, lessee, agent, person, or entity in lawful charge or possession of the property.
"Street" means a public street, drive, right-of-way, avenue, highway, place, close, pass, alley, lane, court, or way.
"Vacant real property" means any vacant parcel of land, building or structure on real property in all zones in the city where the responsible party has intentionally left such property vacant and unoccupied for a period of time exceeding thirty calendar days.
"Vehicle" means an automobile, truck, motorcycle, trailer, and any other device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power.
422 of 507
287
December 3, 2019
17.80.030 Prohibited Conduct
Except as provided in Section 17.80.050, it is unlawful for any responsible party having charge or possession of any real property in the city to:
1. Operate any business activity in the city without a business license registration certificate and appropriate planning and zoning approval.
2. Operate any business or other activity in the city not consistent with all of the terms and conditions of all applicable zoning approvals and approved plans granted by the city. This includes, but is not limited to, business license registration certificates, home occupation permits and conditional use permits.
3. Allow upon any premises under his/her control the placement of any temporary or permanent signs without appropriate zoning and building permit approval.
4. Keep, store, or maintain on or in front of any real property, or in or on any vehicle upon the real property under his/her control any litter, rubbish or weeds, when such material is open to view at street level from a parkway, street, or adjoining property, or in such a condition as to be detrimental to the health, safety and welfare of the inhabitants of such real property or any adjoining property.
5. Not maintain any parcel of land, building, or structure on real property in conformance with the standards contained in Section 17.80.060 of this chapter.
6. Permit any parcel of land, building, or structure on real property to remain a vacant real property without properly securing and maintaining the property pursuant to Section 17.80.070, vacant property maintenance standards of this chapter.
7. Allow upon any premises under his/her control any swimming pool, pond, spa, or other body of water or excavation which is abandoned, unattended, or unfiltered.
8. Allow the disposal or storage of oil, grease, other petroleum products, noxious chemical, pesticides, or any gaseous, liquid, or solid waste in such a manner to constitute a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties.
9. Keep, store, or maintain upon any premises under his/her control any abandoned, wrecked, dismantled, or inoperative vehicle, or part thereof, except as permitted by Section 17.80.050.
423 of 507
288
December 3, 2019
10. Keep, store, or maintain upon any premises under his/her control any vehicle or recreational vehicle, except as permitted by Section 17.80.050.
11. Use any parked or stored vehicle or recreational vehicle, operative or not, as temporary or permanent living space unless exempted pursuant to Section
17.80.050.
12. Use a garage, shed or accessory structure, or any portion thereof, as a temporary or permanent living space or as a meeting room.
13. Keep, store, or maintain in any residential zone or on any residentially developed property any of the following:
a. Construction and/or business equipment, supplies, materials, or machinery of any type or description;
b. Any vehicle designated as commercial by Division 14.85 of the state of California Vehicle Code with a manufactures gross vehicle weight rating of ten thousand pounds or more and shall also include motor trucks, road tractors, semi-trailers, trailer and truck tractors. Additionally buses and catering trucks, regardless of size, will be restricted from parking in residential zones and residentially developed areas;
c. Portable restroom facilities;
d. Section 17.80.030, subsection N shall not apply to the parking of tow trucks in residential zone or residentially developed property of the city where the tow company is on-call and has a tow service agreement with the local (city of Wasco) sheriff’s department and highway patrol;
e. Cargo containers are allowed for temporary storage in the R-2 and R-3 with a Temporary Use Permit (See 17.22.060 Table 2-3).
14. Allow accessory structures including but not limited to walls, fences, drainages, sidewalks, sheds, garages, playhouses, lean-tos, and wall hedges to fall into a state of disrepair or deterioration.
15. Abandon or discard any personal property on any public property including a street. Except when deposited in an approved city of Wasco refuse container in the manner prescribed by Chapter 8.12 of the city of Wasco Municipal Code.
16. Breed and/or raise animals or fowl, except for “household pets” as an accessary use in residential zones (see 17.22.060 Table 2-3), for domestic, hobby, food, scientific or fur bearing purposes except in zones designated A-E (exclusive agriculture), A-L (limited agriculture) or R-R (rural residential).
17. Keep or store any non-operable vehicle in any street, residential driveway, or front yard.
424 of 507
289
December 3, 2019
17.80.040 Public Nuisance
A violation of this chapter is designated and declared a public nuisance.
17.80.050 Exemptions
The provisions of this chapter shall not apply to the following:
1. Any material currently in use in the course of lawful permitted construction, demolition or landscaping on the site.
2. Any material contained within a fully enclosed structure or lawfully constructed solid, opaque wall, or fence, and such material is not in a condition as to be detrimental to the health, safety, or welfare of the inhabitants of such real property, the public, or any adjoining property.
3. A mobilehome or recreational vehicle permitted as a temporary dwelling unit pursuant to 17.22.060 Table 2-3 and in compliance with the provisions as set forth in Section 17.40.270.B.1b.
4. Consistent with Table 3-8, Vehicle Storage and Parking Regulations, a mobilehome or recreational vehicle may be parked in a driveway or improved parking area, as defined in Section 17.36.030.B.8, for up to 24 hours for loading, unloading, or cleaning purposes only.
5. Nothing in this section shall be construed as authorizing the maintenance of a public or private nuisance.
17.80.060 Maintenance Standards for Developed Property
All developed real property in the city shall be maintained at a level not less than the following standards:
1. Address Numerals. Street address numerals shall be maintained pursuant to the following:
a. For single-family dwelling units, street addresses shall be visible from the public street and may be displayed either on the front door, on the fascia adjacent to the main entrance, or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley.
b. For multifamily dwelling units, street address shall be visible from the public street and shall be displayed on the complex identification sign. If there is 425 of 507
290
December 3, 2019
no complex identification sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location.
When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Identification of individual units shall be provided adjacent to the unit entrances.
c. For nonresidential properties, street address shall be visible from the public street and shall be displayed on the freestanding sign as allowed in Chapter
17.38 of this title. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. When the property has alley access, address numerals shall be displayed in a prominent location visible from the alley.
Identification of individual units shall be provided adjacent to the unit entrances.
2. Building Exteriors and Roofs. Exterior building surfaces and roofs for all buildings including accessory buildings and structures shall be maintained free of significant surface cracks, missing materials, warping and dry rot which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.
3. Condition of Structures. Structures shall not be partially destroyed, abandoned, unsecured, or permitted to remain in a state of, except properties with valid current building permits on file with the city of Wasco building department, partial construction for more than thirty days. Buildings or structures shall not be boarded up for a period in excess of ten days without a valid demolition or building permit on file, except in compliance with Section 17.80.070.
4. Drainage. On-site drainage improvements shall be maintained in order to prevent deterioration, disrepair, and ineffectiveness.
5. Excavations. Excavations, abandoned wells, shafts, basements, and other holes shall be properly secured to prevent access by unauthorized persons.
6. Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.
7. Landscaping. All landscaping on the property shall be maintained pursuant to Chapter 17.34 of this title and all landscaping visible from a public street shall be maintained in a healthy condition free of dying, dead, diseased, decayed, discarded and/or overgrown vegetation.
8. Lighting. All exterior light fixtures shall be maintained in good working order free of broken lamps, lens, and light bulbs. Furthermore, the structural integrity of all supporting poles and mounting fixtures shall be maintained. All insulation and connections shall be intact and free of exposed wire.
426 of 507
291
December 3, 2019
9. Outdoor Drying. In all residential zones or residential developments, the outdoor airing and/or drying of laundry, clothes, other household linens, or food is permitted only in rear or side yards, provided that the items are not visible from a public street excluding alleys.
10. Paint. Painted surfaces on buildings, trash enclosures, walls, retaining walls, fences, and structures shall be maintained in order to prevent decay, excessive cracking, peeling, chalking, dry rot, warping, or termite infestation.
11. Parking Areas, Sidewalks. Parking areas, private alleys, driveways, sidewalks, and walkways shall be maintained free of potholes, cracks, breaks, lifting, and other deteriorated conditions. The parking and storage of vehicles are subject to the provisions of 17.36.030. B and 17.36.100 Table 3-8.
12. Pools. Barrier fencing and gates for swimming pools and spas shall be maintained as required by the California Building Code. Swimming pools and spas shall not contain unfiltered or stagnant water.
13. Rodent and Vermin Control. All property, including landscaped areas, buildings, and structures, shall be maintained free of rodents and other vermin in accordance with the requirements of the district Kern County mosquito and vector control.
14. Signs. All signs and sign structures shall be maintained in order to prevent deterioration, disrepair, and unsightliness. The structural integrity of all supporting poles, and mounting fixtures shall be maintained. All sign faces shall be maintained free of missing lettering or lighting.
15. Trash Bins. Trash bins or dumpsters shall be kept within an enclosed building, trash enclosure, or screened from public view to the maximum extent feasible.
Overflowing trash bins or dumpsters due to inadequate number of bins and/or request for service from the trash hauler are prohibited. Use of commercial trash bins for residential uses other than during construction with a valid building permit is prohibited.
16. Use of Canopies. The use of portable canopies is allowed in residential and non-residential zones subject to the requirements of 17.30.020 and 17.40.270.
17. Use of Tarps. Excluding emergency repairs, the use of tarps for roof and building repairs is prohibited. Additionally, the use of tarps for vehicle covers, carports, or temporary canopies, enclosures, and/or awnings is prohibited in any outdoor area visible from any public street.
18. Walls, Fences, and Trash Enclosures. All walls, retaining and planter walls, and fences abutting a street or trash enclosure shall be maintained free of significant 427 of 507
292
December 3, 2019
surface cracks, dry rot, warping, deterioration, leaning, missing panels or blocks which either threaten the structural integrity, or result in a dilapidated, decaying, disfigured, or partially ruined appearance.
19. Window Screens. All window and glass door screens shall be maintained free of tears, rips, and holes. On residential rental properties, window screens are required on all windows.
20. Windows. Broken windows and glass doors and the use of materials other than glass as a replacement or covering of windowpanes are prohibited.
17.80.070 Maintenance Standards for Undeveloped/Vacant Property
1. Mandatory Standards. All vacant real property in the city shall be secured and maintained at a level not less than the following standards during the time period that such property remains vacant real property:
a. Graffiti. All structures, equipment, walls, and fencing on the property shall be maintained free of graffiti.
b. Weeds/Trash: All ground areas shall be maintained free of weeds and trash.
2. Additional Standards. When deemed necessary by the responsible official in order to maintain the safety of persons or property, the following standards may also be imposed:
a. Access Points. All windows, doors, and other open access features to the structures on the real property shall be boarded up and secured according to the following standards (alternate materials may be used if approved by responsible official):
i. Any missing or broken windows or doors shall be covered as specified. Complete boarding of all unbroken windows shall only be required when specified by the Code Enforcement officer;
ii. Exterior door openings may be secured against entry by locking or using #10 minimum flathead wood screws
penetrating a minimum of three-fourth inches into framing members, only if doors do not contain glazing panes;
iii. All wood used to cover openings shall be new or comparable (to be approved by Code officer), exterior grade one-half inch nominal thickness plywood or O.S.B. board. Only one piece of plywood or O.S.B. board shall be used per opening unless the opening requires more than one four-foot by
eight-foot sheet in which case, splices shall have two-inch by four-inch backing the complete length of the splice. Plywood 428 of 507
293
December 3, 2019
or O.S.B. board shall extend two inches minimum beyond
opening on all sides and shall be secured by #10 minimum flathead wood screws. Screws shall be spaced twelve inches on center around complete opening and shall penetrate
framing members a minimum of three-fourth inch;
iv. Where applicable, plywood or O.S.B. board shall extend flush to top of door threshold and protruding windowsills; v. All variations from above requirements shall be approved by Code officer;
vi. Contractor shall first confer with officer prior to submitting bid for special board-up conditions such as apartment buildings, motels, or commercial buildings;
vii. All boards visible from the building’s exterior shall be painted to match the buildings’ exterior;
viii. Refill holes, which are more than one-foot in depth.
b. A building shall be permitted to be boarded up for no longer than six months. If a demo permit or building permit are not issued within six months, the city shall initiate abatement proceedings.
c. Fencing. The property shall be temporarily fenced on all sides along the property line with a chain link fence or other type of secure fencing at a minimum height of six feet from grade, or greater, as determined by the fire chief or building official. The fence shall be properly posted with no trespassing signs, and kept clear of all other signs, except lawfully installed real estate signs for the lease or sale of the property and signs identifying ownership of the property or fencing.
d. Security Lighting. All structures which could be used for human habitation shall have a minimum of one light each in the front and rear yards. Such lighting shall be capable of illuminating the structure’s exterior so as to be visible from the street or alley from dusk to dawn. However, the lights shall be shielded to avoid lighting adjacent properties.
17.80.080 Compliance Responsibility
Compliance with the standards contained in this chapter shall be at the sole cost of the responsible party for the vacant real property and shall not limit the remedies or recovery of costs for the abatement of any vacant real property found to be in violation by city council or its designee pursuant to this chapter.
17.80.090 Abatement Procedures
429 of 507
294
December 3, 2019
Abatement procedures except for wrecked, dismantled or inoperative vehicles.
1. Notice to Abate--Authority. If it is determined by a responsible official, that a public nuisance, as designated in this chapter, exists on any lot or premises in the city or upon any sidewalk, parking area or street adjacent to such lot or premises, the responsible official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in legible characters, direct the abatement of the nuisance and refer to this chapter for particulars.
2. Notice to Abate--Service. The notice required by subsection A of this section may be served in any of the following manners:
a. By personal service on the owner, occupant or person in charge or control of the property;
b. By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed completed upon the deposit of such notice, postage prepaid, in the United States mail;
c. By posting at a conspicuous place on the land or abutting public right-of- way.
3. Notice to Abate--Appeal. Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or adjourned regular meeting of the city council, not less than five calendar days nor more than twenty calendar days thereafter, it shall proceed to hear and determine such appeal. The decision of the city council thereupon shall be final and conclusive. The city clerk shall notify the appellant in writing no later than three days prior to the scheduled hearing of the time, date and place of the hearing by mailing such notice to him or her at the address stated in his or her written appeal.
4. Duty to Remove Nuisance. It shall be the duty of the owner, the agent of the owner, or the person in possession of any lot or premises in the city, within ten days from the date of notification as provided in this chapter, or in case of an appeal to the city council, within ten days from the determination thereof, unless the same is sustained, to remove the nuisance as stated in the notice to clean premises.
5. Responsibility for Fines and Abatement Costs. Per Section 1.20.030, Administrative Citations, the owner of any property, building or structure has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The property owner is liable for all violations on 430 of 507
295
December 3, 2019
the property including violations committed by tenants or occupants using the property, except as follows:
a. Property Ownership Change: Where property ownership changes before the payment of all outstanding citation fines and abatement costs, the responsibility for payment of these costs remains with the property owner of record when the fines and abatement costs were incurred. If the violations on the property have not been corrected as of the date of sale of the property, the new property owner becomes responsible for correcting such violations and a new code violation case shall be established.
6. Abatement by the City--Cost Report and Account--Filing Required. If the owner fails or neglects to remove the nuisance as defined in this chapter, within the time specified in this chapter, the responsible official shall cause such nuisance to be abated. The abatement work may be done by city crews or by private contractor. A report of the abatement proceedings and an accurate account of the charges for abating the nuisance on or in front of each separate property shall be filed with the city council.
7. Cost Report and Account--Hearing and Posting Requirements. The city clerk shall thereupon set the cost report and account for hearing by the city council at the first regular or adjourned regular meeting, which will be held at least seven calendar days after the date of filing, and shall post a copy of the report and account and notice of the time, date and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city office.
8. Cost Report and Account--Hearing Procedure--Assessment of Costs. The city council shall consider the cost report and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall approve the report and account as submitted, or as modified or corrected by the city council. The amounts so approved shall be liens upon the respective lots or premises, upon which abatement was performed, and the city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the most recent available property assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance.
9. Cost Report and Account--Filing of Resolution. The city clerk shall prepare and file with the county auditor a certified copy of the resolution of the city council, as provided in Subsection 8 of this section.
10. Payment to City. The finance department of the city or their authorized representative may accept payment of any amount due at any time prior to the 431 of 507
296
December 3, 2019
city council’s final determination on the cost report and account, as called for in Subsection 8 of this section.
11. Collection of Assessments. The county auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.
12. Violation--Penalty. The owner, occupant or agent of any lot or premises within the city who permits or allows the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who violates any of the provisions of this chapter, is guilty of a misdemeanor.
13. Demolition. Where the responsible official or their designee find that a real property contains a structure that violates this chapter and presents a threat to the safety or health of the public, city council by resolution may declare the structure a public nuisance and order the demolition of the structure where it finds the property violates this chapter, presents an immediate threat to the safety or health of the public and finds that persons have continued to enter, occupy or inhabit such structures despite the application of the standards in Sections 17.80.060 and 17.80.070. The demolition of a structure pursuant to this section shall not occur until the abatement procedures are complied with as set forth in this chapter.
14. Emergency Abatement. In the event the public nuisance constitutes a significant and immediate threat to the public health, safety, or welfare, the responsible official or their designee, may enter the property upon which the public nuisance exists, abate the public nuisance, and restore any property affected by the public nuisance. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner/occupant thereof and without judicial warrant.
a. Imminent danger shall include, but is not limited to, circumstances that present a significant and immediate threat to the public health, safety, or welfare.
b. Notwithstanding the authority of the city to conduct an emergency abatement action, an administrative hearing before the city council shall follow the abatement action. The hearing on the emergency abatement action shall be held within five business days following the action of abatement, unless the hearing (or the time required for the hearing) is waived in writing by the parties subject to the abatement action. A request for a hearing shall not be required of the person whose property is the 432 of 507
297
December 3, 2019
subject of the abatement action. The city council at the hearing will determine the reasons for the abatement.
Abatement procedures for wrecked, dismantled or inoperative vehicles.
15. Abatement Procedures for Abandoned, Wrecked, Dismantled or Inoperative Vehicles.
a. Notice Required. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be mailed by registered mail to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PART
THEREOF AS A PUBLIC NUISANCE.
(Name and address of owner of the property on which the vehicle is located) As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Title 17, (Wasco Municipal Code) has determined that there exists upon said land an (or part of an) abandoned, wrecked, dismantled or Inoperative Vehicle registered to _________, license number __________, which constitutes a Public Nuisance. You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10-days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Wasco, and the costs thereof, together with administrative costs, assessed to you as Responsible Party on which said Vehicle (or said part of a Vehicle) is located.
As Responsible Party on which said Vehicle (or said part of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within the 10-day period, the City of Wasco shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) as a Public Nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said Vehicle (or said part of a Vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the Vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice Mailed __________
(Date) CITY OF WASCO By ________Responsible Official
433 of 507
298
December 3, 2019
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART
THEREOF AS A PUBLIC NUISANCE,
(Name and address of last registered and legal owner(s) of record of Vehicle- notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of Vehicle- make, model, license, etc.) you are hereby notified that the undersigned, pursuant to Title 17, Wasco Municipal Code, has determined that said Vehicle (or part of a Vehicle) exists as an abandoned, wrecked, dismantled or Inoperative Vehicle at (describe location on public or private property) and constitutes a Public Nuisance pursuant to the provisions of said Municipal Code.
You are hereby notified to abate said Public Nuisance by the removal of said Vehicle (or said part of a Vehicle) within 10 days from the date of mailing of this notice.
As registered (and/or legal) owner of record of said Vehicle (or said part of a Vehicle), you are hereby notified that you may, within ten 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Council within such 10-day period, the City Council shall have the authority to abate and remove said Vehicle (or said part of a Vehicle) without a hearing,
Notice Mailed ________
(Date) CITY OF WASCO By _____Responsible Official
b. Public Hearing Upon Written Request. Upon request by the owner of the vehicle or the owner of the property on which the vehicle is located received by the city within ten days after the mailing of the notices of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle, or part thereof, as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the costs of removal of the vehicle, or part thereof, against the property on which it is located.
c. Public Hearing Upon Constructive Request; Notice of Hearing; Authority to Abate and Remove Without Hearing. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land within such ten- day period, such statement shall be construed as a request for a hearing which does not require his/her presence. Notice of the hearing shall be mailed, by registered mail, at least ten days before the hearing to the owner of the property on which the vehicle is located and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not 434 of 507
299
December 3, 2019
received within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle, or part thereof, as a public nuisance without holding a public hearing.
d. City Council to Hear Facts and Testimony. All hearings under this chapter shall be held before the city council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or part thereof, and the circumstances concerning its location on the said private property or public property. The city council shall not be limited by the technical rules of evidence. The owner of the property on which the vehicle is located may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his/her reasons for such denial.
e. General Powers of City Council; Notice of Council’s Decision.
i. The city council may impose such conditions and take such other action, as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof, if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city council may find that a vehicle, or part thereof, has been abandoned, wrecked, dismantled, or is an inoperative vehicle on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the responsible party. The order requiring removal shall include a description of the vehicle, or part thereof, and the correct identification number and license number of the vehicle, if available at the site.
ii. If it is determined at the hearing that the vehicle, or part thereof, was placed on the land without the consent of the owner of the property on which the vehicle is located and that he/she has not subsequently acquiesced in its presence, the city council shall not assess the costs of administration or removal of the vehicle, or part thereof, against the property upon which the vehicle, or part thereof, is located or otherwise attempt to collect such costs from such owner of the property on which the vehicle is located.
iii. If the owner of the property on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his/her land but does not appear, or if an interested party makes a written presentation to the city council but does not appear, he/she shall be notified in writing of the decision.
435 of 507
300
December 3, 2019
f. Appeal. Any rehearing or judicial review of the city council decision shall be according to the procedures set forth in Chapter 17.72.
g. Disposal. Seven days after adoption of the order declaring the vehicle, or part thereof, to be a public nuisance, or seven days from the date of mailing of notice of the decision if such notice is required by this chapter, the vehicle, or part thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.
h. Notice of Removal to Department of Motor Vehicles. Within five days after the removal of the vehicle, or part thereof, notice shall be given to the department of motor vehicles identifying the vehicle, or part thereof, removed. At the same time there shall be transmitted to the department of motor vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, and license plates.
i. Costs of Removal Assessed. If the administrative costs and the cost of removal which are charged against the owner of the property on which the vehicle is located or any other known responsible party pursuant to this chapter are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel (and pursuant to Section 38773.5 of the Government Code), and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
17.80.100 Adoption of International Property Maintenance Code
436 of 507
301
December 3, 2019
DIVISION 9
Definitions
Chapter 17.90 – Definitions
Sections
17.90.010 - Purpose
17.90.020 – Definitions of Terms and Phrases
437 of 507
302
December 3, 2019
Chapter 17.90 – Definitions
Sections
17.90.010 - Purpose
17.90.020 – Definitions of Terms and Phrases
17.90.010 Purpose
This Chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If a definition in this Chapter conflicts with a definition in another provision of the Municipal Code, these definitions shall control for the purposes of this Zoning Code.
If a word is not defined in this Chapter, or in other provisions of the City of Wasco Municipal Code, the Planning Director shall determine the correct definition from this Chapter that most closely matches the undefined word.
17.90.010 Definitions of Terms and Phrases
As used in this chapter:
"
Abandoned" means to cease or suspend from developing or maintaining a building, structure or use for ninety days or lesser time as may be specified herein. "Abandoned activity" means a business or activity with no reported sales or activity for a period of at least one hundred eighty days. Exceptions are temporary closures for repairs, alterations, or other similar situations. "Abutting/abut (adjacent)" means two or more parcels sharing a common boundary, of at least one point. To physically touch, border upon, or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road, street, walkway, easement, alley right-of-way or highway, except a major highway.
“
Accessory Dwelling Unit” is a separate living unit that provides complete independent living facilities for one or more persons, and may be detached from or attached to the main dwelling on a single family lot. "Access" means safe, adequate, and usable ingress or egress to a property or use. "Access drive" means a way or means of approach to provide entrance to a property.
"Accessory building" or "structure" means a structure detached from a principal structure on the same lot, incidental to the principal building, and not designed for human habitation. An accessory building or structure may be erected only after the principal structure or building is established. 438 of 507
303
December 3, 2019
"Accessory use" means a use of land or building that is customarily incidental and subordinate to the principal use of the land or building located on the same lot.
An accessory use may be established only after the principal use is established. "Actual cash value" means current market value as determined by a certified real property appraiser or actual sales price.
"Adult-oriented businesses" means businesses selling goods or entertainment of a sexual nature.
"Agriculture" means the use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing.
"
Airport or heliport" means any area of land designated and set aside for the landing and taking off of any aircraft regulated by Federal Aviation Administration. "Alley" means a public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to abutting property.
“
Alcohol Beverage Sales” shall include:
“ Alcohol Sales, Off-Sale” means any establishment in which alcoholic beverages are sold or served for consumption off the premises.
“ Alcohol Sales, On-Sale” means any establishment in which alcoholic beverages are sold or served for consumption on the premises.
"Alterations" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.
"
Amusement park" means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sales of items, and buildings for shows and entertainment.
"
Ancillary use" See Accessory Use.
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.
"
Antenna and Wireless Communication Facilities" shall include:
“ Antenna” means any system of dishes, panels, poles, reflecting disks, or similar devices used for the transmission or reception of electromagnetic signals. “ Antenna structure” means any structure including mast, pole, or tower, whether ground mounted or mounted on another structure that supports an antenna or an array of antennas.
“
Monopole” means a freestanding structure with antennas attached to it that consists of a single shaft and has a single contiguous footing designed to be self-supporting without the use of guy wires.
“Small Cell Wireless Facility” means an installation consisting of small radio equipment and antennas that can be placed on structures such as street lights, utility poles and buildings, with supporting equipment which may be ground 439 of 507
304
December 3, 2019
mounted. These facilities deliver high transmission sp eeds but are only able to transmit data at low ranges , thus requiring many more small cell facilities to cover the same area that a single macrocell tower would cover.
Small cells are defined by the FCC as facilities that meet all of the following conditions:
1. The facility meets one of the following mounting height requirements; • Is mounted on structures 50 feet or less in height, including antennas; or
• Is mounted on structures that are at most 10% taller than adjacent structures; or
• Is mounted not to exten d the height of the locating structure more than 10% above its preexisting height; and
2. The volume of each antenna associated with the deployment is no more than 3 cubic feet in volume; and
3. The volume of all other wireless equipment associated with the structure is cumulatively no more than 28 cubic feet.
“ Wireless Communications Facilities (WCFs)” means any facility or system that transmits and/or received electromagnetic signals, paging systems, personal communications services, and related technologies. A WCF includes antennas, antenna structures, microwave dishes, parabolic structures, WCF support facilities that house support equipment, and other accessory development equipment and structures used to support the operation of the WCF. “
Wireless Communication Support facilities” means any enclosed box, cabinet, shed, or structure located on the cell site which houses equipment necessary for the operation of the wireless communication facility.
"
Applicant" means owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this development code, or the agent(s) of such persons.
“
Assembly/Meeting Facilities, public or private” means a facility for public or private assembly and meetings, exclusive of places of religious assembly, which is defined separately. Examples of these uses include:
• Banquet rooms
• Civic and private auditoriums
• Community centers
• Conference/convention facilities
• Meeting halls for clubs or other membership organizations "Attached" means any structure that has an exterior wall or roof in common with and connected to another structure.
"Automobile sales lot" means an open area used for the display, sale and/or rental of new or used automobiles.
"Automobile service station" means an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease 440 of 507
305
December 3, 2019
racks, and motor vehicle repairs, excluding body and fender work, engine overhauling and replacement, transmission work and other similar activities. "Automobile wrecking" means the wrecking or dismantling of motor vehicles or trailers, or the storage of, sale of or dumping of dismantled, partly dismantled, or wrecked motor vehicles or their parts, or salvaging of their parts. "
Awning" means a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements. "Bakery large" means a commercial enterprise engaged in large-scale production and wholesale marketing of bakery goods, and which may include incidental retail sales.
"
Bakery small" means a retail commercial enterprise engaged in the production of bakery goods intended for retail sales and may including low-volume wholesale activities.
"Bar/Tavern" means a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, brew-pubs, and similar establishments where any food services is subordinate to the sale of alcoholic beverages.
“Base Flood” See "Flood zone."
"Base zone" means a zoning district which includes use, height, bulk, space, and development standards for the regulation of development in a particular area (e.g., R-1, C-R, I-L).
"
Basement" means a story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half of its height above grade. “
Bathroom” means a room or other enclosure containing a water closet, a wash basin, and bathtub or shower.
Pool Bathroom means a room or other enclosure on a residential lot with a pool, containing only a water closet and a wash basin, which is attached or detached from the main structure and only has access from the yard or pool area. "Bed and Breakfast" means a transient lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law. "
Berm" means a mound or embankment of earth.
"Block" means a parcel of land surrounded by public streets, highways, freeways, railroad rights-of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or any combination thereof.
"Block face" means one complete side of a block, usually facing a public street. "Boarding house" means a residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements, whether or not an owner is in residence. No single family residence operated as a group home pursuant to the Community Care Facilities Act, that is otherwise exempt from local zoning regulations, shall be considered a boarding house.. "
Building" means any structure having a roof supported by columns or walls, built for the support, shelter, or enclosure of persons, animals, or property of any kind. 441 of 507
306
December 3, 2019
"Building area" means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.
"Building coverage" means the percent of lot area which may be covered by all the footprints of buildings or structures on a lot.
"Building height" means the building height is the vertical distance from the average elevation of the finished grade to the highest point of the structure, excluding chimneys and vents.
“Building Official” means the chief building officer of the City or his designee. "Building, principal or primary" means a building in which the principal use is conducted.
"Building site" means the ground area of a building together with all open spaces required by this chapter.
"Campground" means a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.
“
Camping Trailer” See "Travel trailer."
"Camping unit" means any tent, trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation uses.
“
Canopy or canopy structure” means a sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground, and made of fiberglass, metal, wood or plastic, and generally used for the shielding or protection of vehicles or other equipment stored outside. Canopy structures include but are not limited to prefabricated canopies ready-made from simple assembly and canopies which are built, constructed, or composed of parts joined together in some definite manner. This definition excludes awnings attached to structures. "
Cargo container" means a large metal box typically used for the shipment of containerized goods.
"Carport" means a permanent roofed structure not completely enclosed to be used for vehicle parking.
"Casita" means a detached or attached accessory building located on the same premises with the main building, providing living quarters for the use of temporary guests, employees or family members of the occupants of the premises. Such quarters may have a bath and toilet facilities but no kitchen facilities (permanent cooking facilities). The unit may not be rented or otherwise used as a separate dwelling unit unless all the zoning requirements for an accessory dwelling unit are met including setbacks and required parking. "
Cemetery" means an area for burial or entombment of the deceased. "Centerline" means a line designated by official survey to be the center of the future or existing fully developed easement, street, road or highway, which may or may not coincide with the construction centerline.
"
Certificate of occupancy" means a permit issued by the planning and building services department prior to occupancy of a structure to assure that the structure is ready for occupancy with all defects corrected and all construction 442 of 507
307
December 3, 2019
debris removed and the site graded to final grade. Additionally, all on-site amenities (i.e., paving, landscaping, etc.) shall be in place prior to the issuance of the permit.
"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which buildings, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
"
City" means the city of Wasco.
"City attorney" means the city attorney of the city of Wasco or his/her designee. "City council" means the city council of the city of Wasco. "City official" means any employee of the city of Wasco that has been duly authorized and delegated by the city council.
"Clinic" means a place for outpatient medical services to human patients. "Club" means an association of persons (whether or not incorporated) organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.
"
Cluster district" means a subdivision development in which building lots are sized to conform to the "footprint" of the structures and sited closer together than conventional development, usually in groups or clusters, provided that the total density does not exceed that permitted under conventional zoning and subdivision regulations. The additional land that remains undeveloped is preserved as open space and recreation land. Private development easements around the structures are permitted for inclusion of private landscaping, pools, spas, yards, etc.
"
Cogeneration facility" means a facility which creates the sequential production of both thermal and electrical energy.
"Columbarium" means a structure of vaults lined with recesses for cinerary urns for the ashes of cremated bodies.
"Combining (overlay) zone districts" means a zoning district that modifies use, height, bulk, space, or other development standards of the base zone with which it is combined (e.g., CL, design district, A-A).
"Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people.
"Commission" means the planning commission of the city of Wasco. "Common area" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and which may include such complementary structures and improvements as are necessary and appropriate.
"
Common property line" means a lot line shared by two or more properties. "Community apartment" means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located on the land.
"
Community care facility" means a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer mentally disordered or 443 of 507
308
December 3, 2019
otherwise handicapped persons or dependent and neglected children (Welfare and Institutions Code 5116).
"Community center" means a building used for recreational, social, educational, or cultural activities, usually owned and operated by a public or nonprofit group or agency.
"
Community recreation facility" means a recreational facility, such as a park or swimming pool, maintained and operated for the benefit of residents of a particular residential development, including an apartment, condominium, townhouse, subdivision, or mobilehome park.
"
Conditional use permit" means a discretionary entitlement which may be granted under the provisions of this zoning ordinance and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement. "
Condominium" means an estate in real property consisting of an undivided interest in common on a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property. (Civil Code Section 783)
"
Construction commencement" means the start of construction of substantial site and structural improvements after a building permit has been issued, subject to determination by the planning director.
"
Convalescent hospital" means an institution primarily engaged in the care of individuals recovering from illness.
“Convenience store” means easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public.
"Council" means the mayor/city council of the city of Wasco. "Country club" means a land area and building containing recreational facilities, clubhouses, and usual accessory uses, open only to members and their guests for a membership fee.
"
County" means the county of Kern.
"Crematory" means a building or structure operated in conjunction with a columbarium, mausoleum, cemetery, or mortuary containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains. “
Cul-de-sac” See "Street, cul-de-sac."
“Day Care, Adult” means a state-licensed facility that provides nonmedical care and supervision for adult clients for periods of less than 24 hours for any client. “Day Care, Child” means facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the State Department of Social Services.
“Day Care, Small Family (8 or fewer children)” means a day care facility located in a single family residence where an occupant of the residence provides care and supervision for eight or fewer children, including children under the age of ten years who reside in the home.
“
Day Care, Large Family (9 to 14 children)” means a day care facility located in a single family residence where an occupant of the residence provides care and 444 of 507
309
December 3, 2019
supervision for 9 to 14 children, including children under the age of ten years who reside in the home.
"Days" shall always be consecutive calendar days unless otherwise stated. "Decision-making Authority" means the planning director, planning commission, or city council, depending on which has been assigned the responsibility and authority for reviewing and approving a particular permit pursuant to Chapter
17.50 of this code.
"
Dedication" means a conveyance of land to some public use, especially streets, made by owner and accepted for such use by or on behalf of the public. "Defensible space" means a design concept term used to describe a series of physical design characteristics that maximize resident control of behavior, particularly crime, within a public semiprivate, or private area, structure, or community.
"
Density" means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.
"Density bonus" means a density increase over the otherwise maximum residential density allowable by the applicable general plan land use category. "Department" means the city of Wasco planning and building services department, hereafter referred to as the "department."
"Design" means and includes the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building and other such specific physical and aesthetic requirements.
"
Detached" means any building or structure that does not have a wall or roof in common with any other building or structure.
"Development" means the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this code, "structure" includes but is not limited to any building, road pipe flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition. An increase of twenty-five percent or more on assessed valuation shall be considered a substantial increase in development.
"
Director" means the director of the city of Wasco planning department. 445 of 507
310
December 3, 2019
"Discretionary decision" means a decision requiring the exercise of judgment or deliberation when the public official or body decide to approve or disapprove a particular activity.
"Domestic agriculture" means agricultural activities carried on for noncommercial purposes.
"Dormitory" means a structure intended principally for sleeping accommodations, and where non-individual kitchen facilities are provided, where such structure is related to an educational or public institution or is maintained and operated by a recognized nonprofit welfare organization.
“
Double Frontage Lot” See "Lot (through)."
“Drive-Through or Drive-Up Facilities” means an establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services.
"Dwelling" means a structure or portion thereof designed exclusively for residential occupancy, not including hotels or motels. (See Dwelling Unit) “ Accessory Dwelling Unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons on a single family lot with a primary dwelling.
"
Dwelling unit" means one or more rooms including bathrooms and a single kitchen, designed as a unit for occupancy by one family for living and sleeping purposes.
“
Multifamily Dwelling” means a structure containing three or more dwelling units designed for the independent occupancy of three or more households. “ Primary Dwelling” means an existing single unit residential structural on a single lot containing complete independent living facilities, and occupied by one family. “ Single-Family Dwelling” means a detached or attached building designed for and occupied exclusively by one family. The single-family dwelling unit shall only be allowed one kitchen.
“ Duplex Dwelling” means two dwelling units on a single parcel. Units may be attached or detached and may include condominiums.
"Easement" means a grant of one or more property rights by the property owner for the use of public, a corporation or another person or entity. “Eating and Drinking Establishments”
“ Bar, Taverns and Cocktail Lounges” means any establishment that sells or serves alcoholic beverages for consumption on the premises, and in which persons under 21 years of age are restricted from the premises. “
Bar, Taverns and Lounges with Food Service” means any establishment that sells or serves alcoholic beverages for consumption on the premises, and in which food service is available and may be consumed on the premises. “ Outdoor Dining” means a dining area with seats and/or tables located outdoors of a sit-down restaurant, fast food or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure, with or without a solid roof cover.
“
Restaurant, Fast Food with or without Drive-Through” means a restaurant with a limited menu of ready-to-eat food where customers go to a counter or outside 446 of 507
311
December 3, 2019
window to place their order for consumption either within the restaurant building or off the premises. Fast food restaurants have limited to no indoor seating, may include outdoor seating, and may include a drive-up window for ordering and receipt of food by persons within a vehicle.
“ Restaurant, Sit-Down” means a restaurant with indoor seating where wait staff take orders and deliver food to the customer’s table. Sit-down restaurants may include outdoor seating.
“ Restaurant with Full or Limited Bar Service” means a sit-down restaurant where alcoholic beverage service is available at the customer’s table or at a service bar within the restaurant.
"Educational institution" means a school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education.
"
Emergency shelter" means housing with minimal support services for homeless persons that is limited to occupancy of six months or less by a homeless person.
No individual or household may be denied emergency shelter because of an inability to pay.
"
Entertainment (live)" means any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons whether or not they are compensated for the performance. "
Family" means an individual, or two or more persons related by blood, marriage or legal adoption, or a group of not more than six persons who are not so related living together as a single housekeeping unit.
"
Farm labor housing, contract labor" means living quarters, either single-family or group housing, provided by a labor contractor for farm laborers which are not full-time farm employees on lands owned or leased by the owner of the living quarters.
Farm Labor Housing, On-site Employee. "On-site employee farm labor housing" means living quarter, either single-family or group housing, provided for full-time farm laborers employed on the site or on lands owned or leased by the owner of the living quarters.
"
Farmers market" means a retail market where agricultural produce is offered for sale to the general public, either within an enclosed building or outdoors. "Fast-food restaurant" means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to- consume state for consumption either within the restaurant building or off the premises. (See Eating and Drinking Establishments)
"
Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
"Flood boundary floodway map (FBFM)" means an official map on which the Federal Insurance Administration, using their own information or information supplied by the Kern County Water Agency, the Kern County Public Works Department, the State Reclamation Board, or other federal agencies, has delineated both the areas of flood hazard and the floodway.
447 of 507
312
December 3, 2019
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special and historical flood hazards and the risk premium zones applicable to the city of Wasco. "Flood or flooding" means any general and temporary condition of partial or complete inundation of normally dry land from the overflow of inland or tidal waters or from the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood zone" means the area with a 1% annual chance of flooding (referred to as the 100 year flood), also known as the base flood which has a one percent chance of being equaled or exceeded in any given year. Also, the base flood elevation is the water surface elevation of the 100 year flood. . "Floodplain" means a land area adjoining a river, stream, watercourse, or lake which is likely to be flooded, including alluvial cones, wherein streams may change their course.
"
Floodway or designated 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 more than one foot or increasing the velocity to greater than seven feet per second, whichever results in the widest floodway. The floodway is delineated on the flood boundary floodway map and the State Reclamation Board Designated Floodway Map. Floodways are also delineated on the official zoning maps as floodplain primary (FPP) district.
“
Floor Area” means the total gross area, in square feet, of all floors below the roof and within the outer surface of the walls of a building or structure. “Floor Area Ratio (FAR)” means the numerical value obtained by dividing the total gross floor area of a building or structure located on a lot by the net area of the lot.
"
Fowl" means any bird that is used for food or as food. Included in this definition are roosters, chickens, turkeys, ducks, geese and game hens. "Front wall" means the nearest wall of a structure to the street upon which the structure faces, but excluding cornices, canopies, eaves, or any other architectural embellishments.
"
Frontage" means that portion of a lot which abuts a public or private street or highway to which the lot has the right of access.
“ Building Frontage” means the face of a building that contains the primary entrance to the building and is parallel to or is at a near parallel angle to a public street, or a building’s primary entrance that faces onto a parking lot. "Funeral home" means an establishment with facilities for the preparation of the deceased for burial or cremation, for the viewing of the body, and for funerals. "Garage" means an enclosed building, or a portion of an enclosed building used for the parking of vehicles.
“Garage and Yard Sales” means the temporary sale of goods, wares, or equipment from a residential property used as a residence. Items sold shall be the resident’s personal property and shall not include new or used items collected from other properties or sources.
448 of 507
313
December 3, 2019
"General plan" means the city of Wasco general plan as adopted by the city council, pursuant to Government Code, hereafter referred to as the "general plan." "Grade" means the degree of rise or descent of a sloping surface (see slope), and the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, said ground level shall be measured at the sidewalk.
Granny Flat. See "Accessory dwelling unit."
"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.
"
Gross floor area" means the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. "Group care facility" means a facility or detached dwelling unit providing twenty-four hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
"
Guest house" means living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family temporary guest, or persons permanently employed on the premises.
"
Guest ranch" means a building or buildings and open space for use of transients only, providing housing and meals and having recreational activities of one or more types for compensation.
"
Habitable structure" means any structure used for living purposes, including working, sleeping, cooking, eating, or recreation.
“Hardscape” means areas such as patios, decks, driveways, paths and walkways that do not require irrigation. Artificial turf shall not be considered hardscape. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:
1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness;
2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.
"
Hedge" means a fence or barrier formed of bushes set close together. "Height" means the vertical distance from the base to the top of any structure, measured from lowest point of the structure, or finished grade. "Hog ranch or farm" means any premises used for the commercial breeding or raising of hogs which are kept confined as a stockyard and fed concentrated food for the purposes of developing or fattening the animals for retail or wholesale sale. (Hogs raised as an FFA, 4-H, or junior farmer project are not to be classified as a hog ranch or farm unless the express purpose is for the commercial wholesale or retail sales market.)
449 of 507
314
December 3, 2019
"Home occupation" means an activity conducted in compliance with Section
17.40.120 carried out by an occupant conducted as an accessory use within the primary dwelling unit.
"Horticultural" means the cultivation of an orchard, garden, or garden on a small or large scale.
"Hospital" means an institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.
"Hotel" means a facility offering transient lodging accommodations, not to exceed 30 days, on a daily rate to the general public with most rooms gaining access from an interior hallway, and providing additional services, such as restaurants, meeting rooms, and recreation facilities.
"
Household pets" means up to six (6) domesticated animals customarily kept by humans for companionship, including cats, dogs, fish and birds generally kept within a main building or on a residential property, and not for breeding, scientific or fur-bearing purposes.
"
Infill development" means development that occurs on up to four contiguous vacant lots scattered within areas that are already largely developed or urbanized. “Internet or Cyber Café” means an establishment that provides one or more computers and/or other electronic devices for access to the world wide web, internet, e-mail, gaming, or computer software programs, and which seeks compensation from users.
"
Junk" and "salvage facility (also, dismantling and wreckage yard)" mean primary or accessory use of structures and/or land for storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any sort. "
Kennel" means any lot where four or more dogs, cats, or other small animals over the age of four months are kept, where such keeping is for pleasure, profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale, or hire.
"
Kitchen" means any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food.
"Land use" means a description of how land is utilized. "Landscaping" means an area devoted to or developed and maintained predominantly with native or exotic plant materials including turf, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements.
"
Laundromat" means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.
"
Livestock" means any cattle, sheep, swine, goat, horse, mule, or other equine animals.
"Livestock feedlot" means an enclosed area where animals are confined and fed concentrated food to raise or fatten them for slaughter or commercial sale. 450 of 507
315
December 3, 2019
"Living area" means the interior inhabitable area of a dwelling unit, including the basement and attic, but excluding the garage or any accessory structure. "Lot" means a parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classification of lots are as follows:
Figure 9-1
Lot Types
1. “ Abutting Lot” means a lot having a common property line with the subject lot.
2. “Corner Lot” means a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an interior lot.
3. “ Cul-de-Sac Lot” means a lot located on the curving portion of a dead end cul-de-sac street.
4. “Flag Lot” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.
5. “Interior Lot” means a lot abutting only one street.
6. “Key Lot” means a lot with a sideline that abuts the rear line of any one or more adjoining lots.
7. “ Reverse Corner Lot” means a corner lot, the rear of which abuts the side of another lot.
8. “ Through Lot” means a lot having frontage on two parallel or approximately parallel streets.
451 of 507
316
December 3, 2019
“Lot Area” The total area within the lot lines of a lot, excluding any street rights-of- way and including only that area which is usable for its intended purpose. “Lot Coverage” That portion of the lot that is covered by buildings and structures. “Lot Depth” The average distance between the front and rear lot lines or between the front line and the intersection of the two sidelines, if there is no rear line. “Lot Frontage” The portion of the lot contiguous to the street. “Lot Line” Any boundary of a lot. The classifications of lot lines are:
1. Front. On an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the planning director.) On a through lot, the lot line abutting the street providing access to the lot.
2. Interior. Any lot line not abutting a street.
3. Rear. A lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of ten feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this development code.
4. Side. Any lot line which is not a front or rear lot line. “Lot Width” The horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines. "Lower income households" means households with incomes eighty percent or less of the county median income, or these superseded by the guidelines which comply with the California Department of Housing and Community Development Guidelines.
"
Main building" means the building in which the principal use of a lot is located. "Major highway" means a highway which is used, designed to be used, or is necessary to carry heavy volumes of traffic, and designated as a "major highway or arterial" in the circulation element of the general plan. “
Majority Vote” means a vote of more than half the voting body. For the purposes of the 5 member City Council and Planning Commission the majority would be 3 votes. The 3 vote majority would be required regardless of the number of council or commission members actually present at the time the vote takes place.
“Manager/Caretaker’s Quarters” means an accessory dwelling on a nonresidential premises occupied by the person employed principally on-site for purposes of 24 hour care, maintenance and protection of the nonresidential property, equipment and improvements.
"Manufactured home" means a dwelling unit which is manufactured at an off-site location and assembled on-site on a permanent foundation with permanent service connections.
“Marijuana (Cannabis)” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the 452 of 507
317
December 3, 2019
plant, its seeds or resin. The definition also includes the following activities and appurtenances:
1. Commercial Marijuana Activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana products.
2. Delivery. The commercial transfer of marijuana products to a customer, including the use by a retailer of any technology platform to arrange or facilitate the commercial transfer of marijuana or marijuana products.
3. Manufacture. To compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
4. Marijuana Accessories. Any equipment, products or materials of any kind which are used or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, producing, processing, preparing, testing, analyzing, packaging, storing, vaporizing, or containing marijuana for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
5. Marijuana Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
6. Marijuana Dispensary. A facility where marijuana, cannabis products or devices for the use of cannabis or cannabis products are offered for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale.
7. Marijuana Distribution. The procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
8. Marijuana Products. Marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. "
Mausoleum" means a tomb for one or more deceased persons. "Median" means a paved or planted area separating a street or highway into two or more lanes of opposite direction of travel.
"Median income" means a specified threshold which complies with the California Department of Housing and Community Development Guidelines where one- half of the county earns more and one-half of the county earns less income. "
Mineral exploration" means exploration by scientific means, in a manner similar to the exploration for petroleum products, for the purpose of determining the existence and extent of commercial mineral deposits.
"Mini-mall" means a parcel with a commercial structure divided into at least three spaces for rent or a parcel with a collection of structures with different tenants. "Ministerial decision" means a decision requiring the application of the statutes, ordinances, or regulations to the facts as prescribed and involving little or no exercise of judgment by the public official or decision-making body as to the wisdom or manner of carrying out a project.
"
Mini-storage or Mini-warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis. 453 of 507
318
December 3, 2019
"Minor plan modification" means a minor change or modification of an approved development plan which is not in conflict with the intent, policy, or expectations or original project approvals.
"Mixed use development" means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.
"
Mobilehome" means a factory built structure as permitted by the State of California, transportable in one or more sections, designed and equipped to contain a residential dwelling unit to be used with or without a foundation system.
Mobilehome does not include a recreational vehicle, commercial coach, or manufactured home.
"Mobilehome accessory structure" means any awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak, or porch of any residential building or structure established for the use of the occupant of a mobilehome.
"
Mobilehome park" means an area or tract of land where two or more spaces are rented or leased or held out for rent or lease but not divided as owner occupied lots to accommodate mobilehomes for human occupancy.
“Model home” means a home which is completed, furnished and landscaped, and may be used as a sales office and/or design center to market a residential home development. Only one model home per approved floor plan for the development will be allowed, and if the residential home development is phased, only one model home complex will be allowed regardless of the number of construction phases.
"
Moderate income" means persons with income of eighty percent to one hundred twenty percent of the county median income.
"Mortuary" means a place in which the deceased are kept until burial. "Motel" means a group of attached or detached buildings containing individual sleeping or living units, providing transient accommodations for up to thirty days with garage or parking space conveniently located to each unit with most rooms gaining access from an exterior walkway, including tourist courts, auto courts, or motor lodges.
"
Multifamily" means three or more dwelling units on a single parcel including triplex, fourplex, or other multifamily configuration. Units may be attached or detached and may include condominiums (See Dwelling).
"
Nature or wildlife preserve" means an area set aside for the preservation of natural vegetation or wildlife where the general public may view the vegetation or wildlife, with or without charge.
"
Neighborhood" means an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics or boundaries defined by physical barriers, such as major highways and railroads or natural feature, such as rivers. "
Net site area" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
454 of 507
319
December 3, 2019
“Nightclub” means a facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live or recorded music, singing, dancing, comedy, etc., and where any food service is subordinate to the sale of alcoholic beverages.
"Nonconforming (legal)" means a structure, lot or use, the size, dimensions, location or use of which was lawful prior to the adoption, revision, or amendment to this zoning ordinance but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning or districts. "
Nonconforming (illegal)" means a structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this chapter.
"Nuisance" means an interference with the enjoyment and use of property. "Occupancy or occupied" means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage, or use of equipment, merchandise, or machinery in any public, commercial, or industrial building. "
Official plan line" means the future right-of-way of any road or highway as adopted by resolution of the city council.
"Off-site" means located outside the lot in question.
"Off-street parking" means an area for the temporary storage of motor vehicles that is directly accessible to but not located on a dedicated street right-of-way. "Oil or gas exploration by scientific means" exploration by scientific means includes, but is not limited to, the following: seismic surveys, magneto-telluric, magnetometer or gravity meter surveys; surface mapping and holes less than five hundred feet deep drilled for the purpose of taking core samples, velocity readings, temperature measurements, or water samples.
"
One ownership" means ownership of real property by a person, persons, firm, corporation, or partnership, or any combination thereof, individually, jointly, or in common whereby such property is under a single or unified control. "
Open space" means any parcel or area of land or water which is devoted to one or more of the following uses:
1. Open Space, Common. The total land area within a residential development that is not individually owned nor dedicated for public use, and that is designed and reserved exclusively for the shared use of the residents of the development and their guests. Common open space typically has recreational or leisure features for active or passive use and enjoyment.
2. Open Space, Private. Private open space is usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling and their guests.
3. Open Space, Natural. Any open space that has not been landscaped or otherwise provided with amenities, and is generally kept in a natural state. "Ordinance" means the zoning ordinance of the city of Wasco, Title 17, of the Wasco Municipal Code.
"Parcel" means a lot or parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. (See Lot.)
455 of 507
320
December 3, 2019
"Park" means public or private land used for active and/or passive recreation. "Parking facility" means any public or private land area designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.
"Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping tree lines and/or passive recreational purposes. “
Patio” Means a paved unclosed outdoor area that is used for lounging, dining, etc. “Patio Cover” Means a solid or open roof structure, and covering a patio, platform, or deck area, and that is either detached from or attached to another structure. "Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight or more consecutive hours.
"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
"
Permitted use" means any use allowed in a land use zoning district and subject to the provisions applicable to that district.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, state of California, and its political subdivisions or instrumentality’s, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.
“Personal Services – General” means establishments that provide recurrently needed services of a personal nature, examples of which include:
• Acupuncture and acupressure
• Barber shops, hair salons, and estheticians
• Clothing rental shops
• Dry cleaning/laundry pick-up stores with limited on-site cleaning equipment
• Locksmiths
• Nail salon
• Shoe repair
• Tailors and seamstresses
• Ticket services shops
“Personal Services – Restricted” includes personal services with characteristics that have the potential to adversely impact surrounding areas and which may need to be dispersed to minimize their potential adverse impacts, examples of which include:
• Fortune-telling and psychic services
• Holistic medicine
• Laundromats (self-service laundries)
• Message establishments
• Palm and card reading
• Tanning salons
• Tattoo and body piercing services
456 of 507
321
December 3, 2019
"Planned residential development (PRD)" means a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within the prescribed densities.
"
Planning commission" means hearing and review body established by city of Wasco Ordinance No. 36 (1948).
"Planning director" means the planning director for the city of Wasco or his/her designee.
"Plot" means a single unit parcel of land; or a parcel of land that can be identified and referenced to a recorded plat or map.
"Plot plan" means a plan graphically describing proposed and existing buildings, structures, lot lines, and other required information submitted in conjunction with an application for discretionary or ministerial review and approval. “
Porch” Means any covered area located at a building entrance, whether it is a projecting feature with a separate cover or a recessed area behind the building wall.
"
Poultry ranch" means the raising, breeding, hatching of poultry for commercial purposes.
"Preschool" means a licensed public or private institution which provides structured educational services to children between the ages of two and five. "Principal dwelling" means the dwelling in which is conducted the principal residential use of the lot on which it is located.
"Principal use" means the primary or predominant use of any lot, building or structure.
"Produce stand" means a permanent or temporary structure utilized for the sale of agricultural, horticultural, or farming products grown or produced by the owner or lessee of the property on which the structure is located, is used throughout the year and no thirty-day time period elapses where the stand is not utilized. A temporary stand is one that is used seasonally and normally periods of time in excess of thirty days pass where the stand is not utilized. "
Prohibited use" means a use that is not permitted in a zoning district.
Property Line. See "Lot line."
"Public hearing" means a meeting announced and advertised in advance and open to the public with the public given an opportunity to talk and participate. "Public park" means a park, playground, swimming pool, beach, pier, reservoir, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state, or parks district. "
Public right-of-way" means a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or public uses.
"
Public works department" means the public works department of the city of Wasco. "Public works director" means the public works director of the city of Wasco or his/her designee.
"Quadruplex" means four attached dwellings in one structure in which each unit has two open space exposures and shares one or two walls with the adjoining unit or units.
457 of 507
322
December 3, 2019
"Quarry" means a place where rock, ore, stone and similar materials are excavated, processed for sale or for off-site use.
"Queue (line)" means an area for temporary awaiting of motor vehicles or pedestrians while obtaining a service or other activity. “Reasonable Accommodation” means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary, to eliminate barriers to housing opportunities.
“
Recharging Station” means a location that supplies electricity for the charging of electric vehicles, including plug-in hybrids.
"Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles. "
Recreational vehicle park" means an area or tract of land where one or more spaces are rented or held out for rent to owners or users of recreational vehicles or tents and which is occupied for sixty consecutive days or less. "
Recycling" means the process by which waste products are reduced to raw materials and transformed into new products, including automobiles. "Rehabilitation" means the upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.
"Religious institution" means a structure which is used primarily for religious worship and related religious activities.
"Repair - vehicle" means the major repair or overhaul of any vehicle, including but not limited to the following: pulling head, motor, transmission, rear end, or body work, as distinguished from minor tune-up, replacing hoses, fan belts, and spark plugs.
“
Research and Development” Means a use that conducts research, development, or controlled production of high-technology industrial or scientific products or commodities for sale.
"Residence" means a home, abode, or place where an individual family is actually living at a specified point in time.
"Residential accessory structures" means buildings and structures normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings, and swimming pools, but excluding cargo containers. "
Residential care facility" means a family home, group home, group care facility, or similar facility operated to provide twenty-four hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Convalescent facilities, rest homes, and board and care facilities are included in this definition. “
Residential Care Facility for the Elderly (RCFE)” Means a housing arrangement chosen voluntarily by the residents, or the residents’ guardians, conservators or other responsible persons, where 75 percent of the residents are at least 62 years of age, or if younger have needs compatible with other residents, and where varying levels of care and supervision are provided, as agreed to at time 458 of 507
323
December 3, 2019
of admission or as determined necessary at subsequent times of reappraisal.
These facilities must comply with California Code of Regulations Title 22, Division6, Chapter 8 provisions.
RCFE projects include the following defined facilities:
1. Assisted Living Facility. A residential facility that provides housing, personal and health care designed to respond to the daily needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. These facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multi-family residential projects reserved for senior citizens, where common facilities may be provided, but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
3. Life Care Facility. Sometimes called “continuing care retirement communities, these facilities provide a wide range of care and supervision, and also provide health care (Skilled nursing) so that residents can receive medical care without leaving the facility.
"
Residential hotel" means a hotel offering simple room or suite accommodations on a weekly or monthly basis. (also see single room occupancy - SRO) "Resort hotel" means a group of buildings containing guest rooms and providing outdoor recreational activities.
"Rest home" means an institution primarily engaged in the provision of permanent living space for the elderly or mentally infirm.
"Restaurant" means a use providing preparation and retail sale of food and beverages, including cafe’s coffee shops, sandwich shops, ice cream parlors, fast food take-out (i.e., pizza), and similar uses, and may include licensed "on- site" provision of alcoholic beverage for consumption on the premises when accessory to such food service.
Restaurant, Café, Coffee Shop. Means a retail business selling ready-to-eat food and/or beverages for on or off-premise consumption. These include establishments where customers are served from a walk-up ordering counter for either on or off-premise consumption, and establishments where customers are served food at their tables for on-premise consumption, that may also provide food foe take-out.
Restaurant, Drive-Through
. "Drive-through restaurant" means a use providing
preparation and retail sale of food and beverages, as defined under "Restaurant" with added provision of one or more drive-through lanes for the ordering and dispensing of food and beverages to patrons remaining in their vehicles.
"
Retail services" means establishments in selling goods or merchandise to the general public for personal or household consumption.
459 of 507
324
December 3, 2019
"Review authority" means the person, committee, commission or council responsible for the review and/or final action on a land use entitlement (See Table 5-1). "Rezone" means to change the zoning classification of particular lots or parcels pursuant to provisions of this chapter.
"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied or is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar uses. “Road” See "Street."
"Roof" means the outside top covering of a building.
“Rooming House”. See "Boarding house."
"Rounding of quantities" means the consideration of distances, unit density, density bonus calculations, or other aspects of development of the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is one-half or more, and to the next lowest whole number when the fraction is less than one-half, except as otherwise provided in this chapter. "
Sanitary landfill" means a disposal site employing an engineered method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed wastes at the end of each operating day. "
Satellite dish antenna" means an apparatus capable of receiving or transmitting communications from a satellite.
"School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. "
Second dwelling unit" (See Accessory Dwelling Unit).
"Secondary highway" means a street or highway to carry moderate volumes of traffic and designed as a "Secondary Highway Collector Street" or in the circulation element of the general plan and described in the city of Wasco subdivision standards.
“
Secondhand store” Means a business involved in the retail sale of used goods or merchandise such as a thrift store, whereby the sale of such used goods and merchandise comprise 25 percent or more of total monthly sales volume. This definition does not include pawn shops and/or swap meets. (See also MC Chapter 5.18)
"
Senior congregate care housing" means a structure(s) providing residence for a group of senior citizens (sixty years of age or more) with central or private kitchen, dining, recreational, etc., facilities with separate bedrooms and/or living quarters.
“Services, Commercial” "Commercial services" means establishments providing services or entertainment, as opposed to products, to the general public. 460 of 507
325
December 3, 2019
"Setback" means the required distance that a building, structure, parking or other designated item must be located from a lot line.
Setback, Front/Rear Average. See provisions in Section 17.30.080 of this title. "Sidewalk" means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway. "Sidewalk/parking lot sale" means a promotional sales event conducted by one or more businesses which is held outside the confines of the commercial or manufacturing structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concrete area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s).
"
Sign" means any object, device, display, or structure, or part thereof, situated outdoors, or indoors, which is used to advertise, identify, display, or direct attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. (See Chapter 17.38 for further interpretation of signage and signage related definitions.)
"
Single room occupancy (SRO) facility" means a building or buildings constructed or converted for residential living consisting of one-room dwelling units, where the living and sleeping spaces are combined. A unit that contains both a bathroom and kitchen shall be considered a studio and not a Single-Room Occupancy unit.
"
Site" means any lot or parcel of land or combination of contiguous parcels of land. "Site line" means the area with a site triangle preserved at a height between thirty inches to eight feet above grade and to be maintained free of landscaping and structures to preserve safety at an intersection.
"
Site plan review" means a plan graphically describing proposed buildings, structures, and other required information submitted in conjunction with an application for discretionary review and approval.
"Site triangle" means a line of site or vision preserved to protect public health and safety associated with vehicle and pedestrian conflict at intersections defined as the area within twenty-five feet parallel to each public street or right-of-way with the connecting line or hypotenuse of the triangle defining the area. No structures with a height between thirty inches and eight feet shall be located within said site triangle with the exception of the government and traffic regulatory signals.
"
Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percent. Slope percentage calculated as rise ÷ run x 100. "Small fowl" means birds raised or grown for hobby purposes, show, or racing, normally no larger than a small chicken (e.g., pigeon, parrot, or cockatiel). “Smoke shop” See Tobacco Store
"Soffit" means the horizontal underside of an eave.
"Solar energy system" Solar energy system shall have the same meaning as the term is defined in Subsection (j)(4) of Section 65850.5 of the California 461 of 507
326
December 3, 2019
Government Code, as amended from time to time or replaced by a successor statute.
"Solid waste" means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "
Specific plan" means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of Government Code Section 65450 et seq. "
Specific plan line" means the designated centerline of any road or highway as adopted by resolution of the city council from which the ultimate right-of-way is determined in accordance with the circulation element of the general plan.
Stable, Commercial. "Commercial stable" means a structure for the keeping of horses, mules or ponies which are boarded for compensation.
Stable, Private. "Private stable" means an accessory structure for the keeping of horses or ponies for the use of occupants of the premises. "Start of construction" means the first placement of permanent construction on a site, such as the pouring of slabs or footings, or any site preparation work, including, but not limited to, leveling and grading.
"
Stockyard" means an enclosed area where livestock are temporarily confined and fed concentrated food while waiting for shipping to market, slaughter, or resale. "Storage" means a space or place where goods, materials and/or personal property is put for more than twenty-four hours.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling above it.
Half Story. "Story, half" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.
"Stream" means a watercourse having a source and terminus, banks, and channel through which waters flow at least periodically.
"Street" means any public or private thoroughfare, which affords a primary means of access to abutting property.
Street, Cul-de-sac. "Cul-de-sac street" means a street with a single common ingress and egress and with a turnaround at the end.
Street, Local. "Local street" means a street designed to provide vehicular access to abutting property and to discourage through traffic.
Street, Private. "Private street" means a street owned and maintained by a person or persons and intended for access to a limited number of private lots.
Street, Public. "Public street" means a street built to standards required and maintained by the city of Wasco.
"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
462 of 507
327
December 3, 2019
"Structure floor" means the floor sheathing, structural beams, floor joists, or concrete slab of a building.
"Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agriculture purposes. "
Substantial improvement" means a building permit issuance as is required by the city of Wasco Municipal Code and where such building permit valuation exceeds twenty-five percent of the assessed value of the improvements on the site as shown on the Kern County assessor’s roll within any twelve-month period. "
Supportive housing" means housing with no limit on length of stay, that is occupied by a target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions. Supportive housing may be designed as a residential group living facility or as a regular residential use and includes the following:
1. Supportive Housing – Housing Type means two or more dwelling units on one parcel, where each unit functions as a single housekeeping unit and no on-site social services are provided.
2. Supportive Housing – Residential Care Facility Small Type means one residential facility on a parcel with six or fewer residents, excluding staff, that operates as a group living facility, where residents share a common living area and a kitchen.
3. Supportive Housing – Residential Care Facility Large Type means a residential facility on a parcel with seven or more residents that operates as a group living facility, where residents share a common living area and a kitchen.
"
Swap meets" means any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, or other markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations. "
Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
"
Temporary use" means a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period. “Tobacco Store or Smoke Shop” means any retail premises in which at least fifteen percent of its floor space is dedicated to the display, sale, distribution, delivery, 463 of 507
328
December 3, 2019
offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia. This definition includes electronic vapor devices, electronic vapor inhalation substances and hookahs as defined more fully below.
1. Tobacco paraphernalia means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any means into the body of tobacco, tobacco products, or other controlled substances as defined in the California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following; pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices holding burning material.
2. Tobacco product means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of then tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. The term tobacco product excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product, where such product is marketed and sold solely for such an approved purpose.
3. Electronic vapor device means any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids (popularly referred to as “juice”) to the user in a manner that simulates smoking tobacco products, shisha, herbs, or any other product that produces smoke. This definition includes “e-cigarettes”. The juice used in e-cigarettes typically contains nicotine and for this reason e- cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
4. Hookah means a pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation.
"
Traffic safety sight area" means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, that inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited. (See site triangle)
"
Trailer" means a structure mounted on wheels, towed or hauled by another vehicle, and used for short-term human occupancy, carrying materials, goods, or objects or as a temporary office.
Trailer Court. See "Mobilehome park."
"Transfer station large volume" means a transfer station which receives more than one hundred cubic yards of waste per operating day.
Transfer Station, Small Volume. "Small volume transfer station" means a transfer station which receive less than one hundred cubic yards of waste per operating day.
464 of 507
329
December 3, 2019
"Transfer/processing station" means and includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer station does not include any facility with the principal function of which is to receive, store, separate, convert, or otherwise process, in accordance with state minimum standards, manure; nor does it include any facility, with the principal function of which is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
"
Transient basis" means a continuous period of thirty days or less. "Transitional housing" means rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period. "Travel trailer" means a portable unit mounted on wheels and of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle, and for human habitation for recreational or temporary occupancy.
Travel Trailer Park. See "Recreational vehicle park."
Triplex. See "Dwelling, triplex."
"Truck repair" means a commercial activity engaged in the service and repair of trucks, including truck tire repair.
"Use" means the purpose (type and extent) for which land or a building is arranged, designed or intended, or for which either land or a structure is occupied or maintained.
“
Vaping” means inhaling vapor from an electronic cigarette or other similar vaping device. Vaping produces vapor not smoke.
"Variance" means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this zoning ordinance.
"Washroom" means a room equipped with washing and toilet facilities. "Waste to energy facility" also called a biomass energy facility. A facility where the burning of clean organic materials produce steam or electrical energy. The facility may produce both steam and electrical energy and in such cases it will also be a cogeneration facility.
"
Watercourse" means a natural or man-made intermittent or perennial drainage channel which includes, but is not limited to, the terms river, tributary, steam, or creek.
"
Wild animal keeping" means keeping or maintaining any dangerous, wild, carnivorous, or exotic animal that is wild by nature and not customarily domesticated by man so as to live and breed in a tame condition. "
Wildlands" means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.
Wind-driven Electrical Generators, Experimental. "Experimental wind-driven electrical generators" means wind systems that are the first of their kind and their use constitutes a testing of a new concept or design.
Wind-driven Electrical Generators, Production. "Production wind-driven electrical generators" means electrical generators that have progressed beyond the 465 of 507
330
December 3, 2019
experimental stage and construction of a significant number on a continuing basis has occurred.
"Yard" means an open space, other than a court, that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this zoning ordinance.
1. Yard, Front. "Front yard" means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts.
2. Yard, Interior Side. Means a yard extending along an interior side of a lot from the front setback to the rear lot line.
3. Yard, Street Side. Means a yard extending along the street side of a corner lot from the front setback to the rear lot line.
4. Yard, Rear. Means an area extending across the full width of the lot between the rear lot line and the required structural setback of the district in which the lot is located.
Yard, Impound. "Impound yard" means the outside storage of autos, trucks, or other vehicles for commercial purposes.
Yard, Junk. "Junk yard" means the storage and dismantling of autos, trucks, or other machinery for commercial purposes. Includes salvage yards and dismantling yards.
"Zero lot line" means the location of a structure on a lot in such a manner that one or more of the structure’s sides rest directly on a lot line. "Zone modification" means permission for minor departures from the literal requirements of the Zoning Ordinance.
"Zoning" means dividing of the city into districts and the establishments of regulations governing the use, placement, spacing, and size of land and buildings.
"
Zoning district" means a specifically delineated area or zone in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
466 of 507
Proposed
Attachment 4
l
l
l
l
Area in red to be
removed from
Historic
Downtown
boundaries
467 of 507
468 of 507
469 of 507
470 of 507
471 of 507
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
DATE: February 21, 2023
SUBJECT: A dopt a Resolution authorizing the City Manager or designee to complete and execute a professional services agreement with Kosmont Companies to provide consulting services regarding the Surplus Land Act, Community Facilities Districts, project financing and other real estate-related issues.
Recommendation:
Staff recommends that the City Council
1) Adopt a Resolution authorizing the City Manager or designee to complete and execute a professional services agreement with Kosmont C ompanies to provide consulting services regarding the Surplus Land Act, Community Facilities Districts, project financing and other real estate-related issues; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
As the City pursues its economic development, community growth, and other initiatives, the need for specialized consulting services in these areas is critical. Ever -changing legislative regulation places a significant burden on City staff to ensure that development agreements, financing structures, and real estate transactions are executed within guidelines.
STAFF REPORT
City of Wasco
472 of 507
Kosmont Companies is a real estate, financial advisory and economic development services firm offering a full range of services including: real estate and financial advisory, economic development strategies, public / private project transactions, sustainable infrastructure, housing projects, market studies and economic analysis for the public, non- profit and private sectors. The company was f ounded in 1986 and is a nationally recognized expert in economic development, public/private finance and real estate development projects involving government and private sector partnerships.
Staff sees a near-term need for assistance on projects within Kosmont Companies’ areas of expertise. Their services will be used both on an hourly and task basis under a Professional Services Agreement, subject to City Manager and City Attorney approval .
Specific projects may require additional agreements, which would be brought to Council for consideration on a future Agenda.
Fiscal Impact:
There is no immediate cost or expense obligation with execution of this Professional Services Agreement. Any consulting services used will be within the Adopted FY 22/23 Operating Budget for professional services. Any expense exceeding the Adopted Budget will be brought to Council for consideration and possible budget action on a future Agenda. No budget action is required with approval of this item.
Attachments:
1. Resolution
2. Kosmont Companies Information
473 of 507
RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO FINALIZE AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH SENTINEL ENGINEERING TO PROVIDE POLICE DEPARTMENT TECHNOLOGY CONSULTING SERVICES.
WHEREAS, The City of Wasco is pursuing the formation of a local Police Department, including the design and installation of a secure network and IT infrastructure; and WHEREAS, The re silience and security requirements for Public Safety information technology systems exceed the typical business-oriented environment; and WHEREAS, Sentinel Engineering is experienced in municipal and law enforcement networking and specialized security stra tegies, and can deliver these services to the City; and
WHEREAS, Sentinel Engineering proposes to deliver both hourly and task -based services under a City standard professional services agreement subject to the final approval of the City Manager and City Attorney.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: authorizes the City Manager or designee to finalize and execute a professional service agreement with Sentinel Engineering to provide Police Departm ent technology consulting services subject to the final approval of the City Manager and City Attorrney.
-o0o-
474 of 507
I HEREBY CERTIFY that the foregoing Resolution No. 2023 – was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 21, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
VINCENT MARTINEZ
MAYOR of the City of Wasco
Attest: ________________________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
475 of 507
SUCCESSFUL PROJECTS
Through Public/Private Transactions
Finding Solutions Since 1986
www.kosmont.com
1601 N. Sepulveda
Boulevard., #382
Manhattan Beach
CA 90266
Kosmont Companies is a real estate, economic development, and finance advisory firm.
Kosmont & affiliates serve the real estate, economic development and public finance needs of cities, counties, school districts, public agencies, private sector, non-profits, landowners, and developers with our unmatched expertise in public/private transactions.
Kosmont Companies offers:
Real Estate Advisory Services
Economic Development
Financial/Economics Advisory Services
EIFDs, CRIAs, Tax Increment Financing
Sustainability & Housing Districts
Surplus Land Act/ Affordable Housing
Visit www.kosmont.com for details.
To request information, email [email protected].
Kosmont’s four pillars of strength…. Innovation, Integration, Integrity, and Intelligence. Kosmont Retail NOW!®
Land Use and Specific Plans
Development Opportunity Reserve (D.O.R.)®
Municipal Treasury Consulting
Government Funding Sources
P
roperty Acquisitions/Sales, Ground Leases
“With Kosmont’s technical and thought leadership, Daly City has been able to significantly advance and achieve the City’s economic development objectives over the past 7 years. We are pleased to endorse Kosmont for their real estate and economic development expertise, trusted advisory services, and collaborative approach.” -Tatum Mothershead, Director of Community & Economic Development, City of Daly City “The Kosmont team is responsive and very skilled. They identify issues and provide s olutions for both technical and policy-based projects. A high point is Kosmont’s ability to c ommunicat e clearly and effectively in smaller working meetings as well as larger, frequently stressful, public meetings. their financial
and economic work is reliable, credible and user friendly.” -Laurie Hughes
, Executive Director, Gateway to L.A.
CONTACT US to discuss your economic development, finance, and real estate projects.
Larry Kosmont
President/CEO
[email protected]
C: (213) 507-9000
Ken Hira
Executive V.P.
[email protected]
C: (949) 226-0288
Brian Moncrief
Senior Vice President
[email protected]
C: (805) 469-7364
Joseph Dieguez
Senior Vice President
[email protected]
C: (347) 731-5307
Dan Massiello
Sr. V.P. of Public Finance
[email protected]
C: (858) 220-3445
476 of 507
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245
February 15, 2023
Mr. Scott Hurlbert
City Manager
City of Wasco
746 8th Street
Wasco, California 93280
Re: Kosmont Companies: Public & Private Real Estate, Economic Development, and Public Finance Advisory Services
Dear Mr. Hurlbert:
It was a pleasure seeing you recently at the League of California Cities for the 2023 City Managers Conference. This letter outlines Kosmont Companies’ (Kosmont) services to public agencies, private sector, and not -for-profits. Founded in 1986, Kosmont is an integrated set of real est ate, economic development, and public finance advisory firm s. Our affiliates, Kosmont Realty and Kosmont Financial Services are licensed respectively as a California real estate broker and SEC/MSRB registered municipal advisor.
Kosmont’s services include initial project funding strategies, highest and best use/market evaluations, due diligence, public/private transaction structuring, economic development strategies, land use/zoning/entitlements, finance, tax -exempt/taxable bonds, infrastructure, public ben efit/fiscal impact studies, and transaction implementation. Kosmont and its affiliates are Minority Business Enterprise (MBE) companies. A brief highlight of our services follows.
Real Estate, Economic Development, and Public Finance Advisory Kosmont specializes in matching private sector real estate opportunities with public sector financing/incentive programs and land use policies. Our company has a distinguished track record of successful public/private projects in retail, industrial, reside ntial, mixed/blended use, transportation, hospitality, infrastructure, and special purpose sports/recreation projects. Kosmont has assisted hundreds of public agencies and developers in conceiving and implementing successful economic development/ revitalization projects that generate new revenue, jobs, and business opportunities.
Sustainability and Housing Districts (EIFD, CRIA, IRFD, Tax Increment Financing Districts) Kosmont is the industry leader in the formation of tax increment financing districts in California known as Enhanced Infrastructure Financing Districts (EIFDs) and Community Revitalization and Investment Authority (CRIAs), plus several recently approved housing districts. Kosmont provides comprehensive tax increment district evaluation and im plementation services including Initial Feasibility Assessments, Sustainable Infrastructure Financing Plans, Tax Sharing Agreements, housing project analysis/funding strategies, and public/fiscal benefit analysis. In 2018, Kosmont successfully formed L.A. County’s first 477 of 507
Mr. Scott Hurlbert
City of Wasco
February 15, 2023
Kosmont Companies 2 | P a g e
(424) 297-1070
www.kosmont.com
EIFD in the City of La Verne, which is focused on transportation related development (TOD), infrastructure and community amenities. Kosmont has led four successful EIFD formations across the state from initial evaluation through full formati on, including the only two EIFDs that have successfully achieved city and county partnership in Placentia and La Verne.
Kosmont Retail NOW!® Market Assessment and Retailer Recruitment Kosmont Retail NOW!® is a tool kit for public and private sectors to proactively attract retail by identifying existing conditions and setting a strategy to target preferred retailers, ultimately producing economic development results. The Kosmont team offers in-depth research, real world expertise, and the long-term retail relationships needed to bring viable retail to specific projects and communities in an omni-channel retail environment.
Public/Private Financing Sources and Real Estate Transaction Services Kosmont Financial Services, (KFS) and Kosmont Realty (KR) are separate entities with specific licenses. KFS, registered with the SEC, provides tax -exempt and taxable financial advisory services to government agencies and private sector clients. K FS can deliver innovative financing/funding solutions which can enhance local government investment returns, improve approaches to tax exempt or taxable debt/bonds, and strategically incorporate government incentive programs and /or private sector investment. KR is a California licensed brokerage services firm which assists public and private sector clients in property acquisition/disposition, ground leases, and leasehold transactions.
Community Strategists
Kosmont’s services are augmented by our established and long-standing network and relationships with government officials at all levels: federal, state, county, city, and special districts. These contacts are based on Kosmont’s 35+ years of experience representing the public sector as well as our professional staff’s experience as City Manager, Planning and Community Development Directors, including various State and local government commission appointments.
Founding Publisher of Kosmont-Rose Institute Cost of Doing Business Survey® First invented and published in 1995 by Kosmont, the Kosmont -Rose Institute Cost of Doing Business Survey® is a nationally recognized annual report which compares taxes/incentives for over 200 cities in the western United States. The Kosmont-Rose Survey is considered an essential resource for the public and private sectors to assess competitiveness and make re location/real estate decisions. The Survey was gifted to Claremont-McKenna and the Rose Institute.
To request more information on Kosmont Companies, please visit www.kosmont.com or contact Ken K.
Hira, Kosmont President at [email protected].
Sincerely,
Larry J. Kosmont, CRE®
Chairman & CEO
478 of 507
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Charles V Fivecoat, Chief of Police
DATE: February 7, 2023
SUBJECT: Adopt A Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Services Agreement with Lexipol, LLC, a Delaware Limited Liability Company.
Recommendation:
Staff recommends the City Council:
1) Staff recommends the City Council approve a Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Services Agreement with Lexipol, LLC, a Delaware Limited Liability Company; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
This request is for approval of a Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Services Agreement with Lexipol, LLC, a Delaware Limited Liability Company.
Lexipol is a private company based in Frisco, Texas, that provides policy manuals, training bulletins, and consulting services to law enforcement agencies, fire departments, and other public safety departments. Lexipol was born from a vision of a better, safer way to run a public safety agency. Lexipol was created by two attorneys in 2003, Bruce Praet and Gordon Graham. Bruce had courtroom experience representing public safety agencies and the Gordan foundation in risk management principles, including a unique approach to training methods while at the Califo rnia Highway Patrol . From that
STAFF REPORT
City of Wasco
479 of 507
foundation, Lexipol grew to form an entire risk management solution for public safety and local government. Lexipol started by developing comprehensive, continuously updated policies for public safety agencies. Later adding online training, wellness resources, grant services, and an electronic policy management platform, as well as the digital communities Police1, FireRescue1, Corrections1, EMS1 , and Gov1. Today, Lexipol serves more than 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries.
Lexipol will be providing the City of Wasco with an Annual Law Enforcement Policy Manual & Daily Training Bulletins with Supplemental Publication Service and Procedures of which our risk management pool , the Central San Joaquin Valley Risk Management Authority (CSJVRMA), will be reimbursing the agency for a portion of the cost for Lexipol to develop a law enforcement manual for the city, the annual subscription and Daily Training Bulletins. Lexipol fees are outlined within exhibit A.
Fiscal Impact:
The fiscal impact is equivalent to $2,964.60 for a prorated service from March 2023 – June 2023 and a one-time Law Enforcement Full Implementation cost of $16,387.00. For Fiscal Year 2023 – 2024, the full-year subscription will be $8,893.80. The CSJVRMA will reimburse for a portion of the costs for the outlined services.
Attachments:
1. Resolution
2. Agreement with Exhibit A
480 of 507
RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO FINALIZE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEXIPOL, LLC, A DELAWARE LIMITED LIABILITY COMPANY.
WHEREAS, The City of Wasco is pursuing the formation of a local Police Department, including the California-specific law enforcement policies and training platform of law enforcement staff; and
WHEREAS, Lexipol provides a full library of customizable, state-specific law enforcement policies that are updated in response to new state and federal laws and court decisions.
Lexipol’s online training platform delivers courses and videos designed to meet police training mandates; and
WHEREAS, Lexipol, LLC proposes to provide policy and training software services to the City under a professional services agreement subject to the final approval of the City Manager and City Attorney.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: authorizes the City Manager or designee to finalize and execute a professional service agreement with Lexipol, LLC., subject to the final approval of the City Manager and City Attorney.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2023 – was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 21, 2023, by the following vote:
COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
VINCENT MARTINEZ
MAYOR of the City of Wasco
Attest: ________________________
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
481 of 507
1 AGREEMENT No. 2023- _______
THIS AGREEMENT (the "Agreement") made this ___ day of ________, 2023, (“Effective Date”) by and between the CITY OF WASCO ("City") a California Municipal Corporation, and Lexipol, LLC, a Delaware limited liability company, (the "Consultant"),
W I T N E S
S E T H:
WHEREAS, City wishes to hire Consultant to provide the services described in Exhibit “A” attached hereto and by this reference made a part hereof (the “Services”) pursuant to the terms and conditions hereinafter described and Consultant is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Consultant to perform the Services. The Services and deliverables associated therewith shall be provided each year durin g the Term (hereinafter described) of this Agreement.
3. City shall pay Consultant per conducted entries
via a submitted
invoice (the "Invoice") to City for payment of selected services and associated fees.
There shall be no other charges payable by the City. The City Manager or his designated representative shall have the right of reasonable review of each Invoice and, at the conclusion of the review, the City Manager shall place the matter on the agenda for the next available meeting of the City Council of the City for consideration. Upon approval of each such Invoice by the City Council, same shall be paid in the regular cycle of payments made by City for other bills and claims.
4. Unless earlier terminated as hereinafter described, the term of this Agreement (the "Term") shall be for three years from Effective Date.
5. Consultant shall indemnify, defend and hold harmless City , its officers, Councilmembers, employees, and agents from any and all claims, 482 of 507
2 liabilities, expenses, and damages, including attorney's fees, for injury to or death of any person, and for damage to any property, arising out of or in any way connected with any act or omission by or on behalf of Consultant. Notwithstanding the foregoing, to the extent that City provides Consultant with information, records, or other documents necessary or convenient for Consultant to complete the Services, Consultant may rely on the accuracy and completeness of same (except as otherwise advised by City in writing) and Consultant shall have no liability for same to the extent that they are incomplete or inaccurate.
6. Without limiting Consultant's obligations under Paragraph 5 of this Agreement, Consultant shall maintain worker’s compensation insurance in amounts required by law. Consultant shall also obtain and maintain during the life of this Agreement comprehensive general liability insurance coverage, in an amount of $1 million per occurrence and automobile liability for owned, hired, and non-owned vehicles. Consultant shall provide City with appropriate certificates of insurance and endorsements for the foregoing in which City, its officers, Councilmembers, employees, and agents are named as additional insureds and specifically designating all such insurance as primary, and providing that same shall not be terminated nor coverage reduced without ten days prior written notice to City.
7. Consultant shall not assign its interest herein or any part thereof and any attempted assignment shall be void.
8. Either party may terminate this Agreement at any time by giving the other party ten (10) days prior written notice, provided that in such event and except as otherwise described herein Consultant shall be entitled to payment, or subject to return of payment received, as detailed in Exhibit “A”.
9. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the party to whom directed if personally served or when faxed or when sent by electronic mail ("email") or when deposited in the United States mail, postage prepaid, first class, or addressed as follows: If to City, City Manager, 746 8
th Street, Wasco, California 93280, Fax —
(661) 758-5411, Email: [email protected]. If to Consultant, Lexipol, Attn: Monique Childers, 2611 Internet Boulevard, Suite 100, Frisco, Texas 75034 Email: [email protected]. Any party may change its address by giving notice to the other party in the manner herein described.
483 of 507
3 10. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
11. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
13. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
14. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and actual costs.
15. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed agreement shall be as effective as the original for all purposes.
16. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
17. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
18. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
19. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
484 of 507
4 20. All reports, information, data and exhibits drafted or provided by Consultant and all copyrights shall be the property of City and shall be delivered to City upon demand without additional costs or expense to City.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
City of Wasco, California, “City”
By: _____________________________
M. Scott Hurlbert, City Manager
Lexipol, LLC, “Consultant”
By: _____________________________
Monique Childers
485 of 507
5 EXHIBIT A
486 of 507
MASTER SERVICE AGREEMENT
Agency's Name: Wasco Police Department (CA)
Agency's Address: 746 8th Street
Wasco, California 93280
Attention: Chief Charlie Fivecoat
Sales Rep: Monique Childers
Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date: EFFECTIVE_DATE_DS
(to be completed by Lexipol upon receipt of signed Agreement)
This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above.
This Agreement consists of:
(a) this
Cover Sheet
(b) Exhibit A - Selected Services and Associated Fees
(c) Exhibit B - Terms and Conditions Specific to this Agreement
Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.
Wasco Police Department (CA) Lexipol, LLC
Signature:
CUSTSIG_DS Signature: COUNTERSIG_DS
Print Name:
CUSTNAME_DS Print Name:
Title:
CUSTTITLE_DS Title:
Date Signed:
CUSTDATE_DS Date Signed: COUNTERSIGDATE_DS
Copyright 2021 © Lexipol - Rev 12/28/2020
487 of 507
Exhibit A
SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:
Prorated term: March '23 - June
'23
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins (Start: 3/1/2023
End: 6/30/2023)
USD 2,748.33 10% USD 274.83 USD 2,473.50
1 Annual Law Enforcement Supplemental
Manual(s) (Start: 3/1/2023 End:
6/30/2023)
USD 384.00 10% USD 38.40 USD 345.60
1 Annual Law Enforcement Procedures
(Start: 3/1/2023 End: 6/30/2023)
USD 161.67 10% USD 16.17 USD 145.50
Subscription Line Items Total USD 329.40 USD 2,964.60
USD 329.40 USD 2,964.60
Prorated term: March '23 - June '23 Discount: USD 329.40 Prorated term: March '23 - June '23 TOTAL: USD 2,964.60 Full Year Subscription: July '23 -
June '24
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
1 Annual Law Enforcement Policy Manual
& Daily Training Bulletins (Start: 7/1/2023
End: 6/30/2024)
USD 8,245.00 10% USD 824.50 USD 7,420.50
1 Annual Law Enforcement Supplemental
Manual(s) (Start: 7/1/2023 End:
6/30/2024)
USD 1,152.00 10% USD 115.20 USD 1,036.80
1 Annual Law Enforcement Procedures
(Start: 7/1/2023 End: 6/30/2024)
USD 485.00 10% USD 48.50 USD 436.50
Subscription Line Items Total USD 988.20 USD 8,893.80
USD 988.20 USD 8,893.80
Full Year Subscription: July '23 - June '24 Discount: USD 988.20 Full Year Subscription: July '23 - June '24 TOTAL: USD 8,893.80 Implementation
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
1 Law Enforcement Full Implementation USD 16,387.00 USD 0.00 USD 16,387.00 Copyright 2021 © Lexipol - Rev 12/28/2020
488 of 507
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
One-Time Line Items Total USD 0.00 USD 16,387.00
USD 0.00 USD 16,387.00
Implementation TOTAL: USD 16,387.00
*Law Enforcement pricing is based on 14 Law Enforcement Sworn Officers.
The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement.
Notes
CSJVRMA will be billed directly for LE Policy/DTBs. Wasco PD-CA will be invoiced for the additional items.
Discount Notes
Per Brian Owens: CSJVRMA - '22 pricing plus 10% off subscription.
Copyright 2021 © Lexipol - Rev 12/28/2020
489 of 507
Exhibit B
Terms and Conditions of Service
1. Definitions. For purposes of Lexipol’s Terms and Conditions of Service (the “Terms”), each of the following capitalized terms will have the meaning included in this Section . Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc.
1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.
1.2 “Agreement” means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol’s subscription and pricing information sheets, which are typically included as an Exhibit A (“Services Being Purchased and Related Fees ”) or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms.
1.3 “Derivative Work(s)” means work(s) b ased on Lexipol’s Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law.
1.4 “Effective Date” means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the “Effective Date.”
1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol . If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date.
1.6 “Service(s)” means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time.
1.7 “Subscription Materials” means all policy manuals, supplemental publ ications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services.
2. Term. The Agreement becomes enforceable upon signature by Agency’s authorized representative. Following the Initial Term , t he Agreement shall renew in successive one -year periods thereafter (each a “Renewal Term”) unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the then -current term. The Initial Term and all Renewal Terms collectively comprise the “Term” of the Agreement.
3. Termination.
3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been give n written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.
3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency’s termination for convenience. 490 of 507
Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
2 4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency’s access to Lexipol’s Services shall cease . Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service-Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms ), and this Section 4 shall survive the expiration or termination of the Agreement for any reason.
5. Fees and Invoicing . Unless otherwise agreed upon in writing , Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms . All amounts required to be pai d under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol’s Services, except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law.
6. Service-Specific Terms. The following sections apply to specific Lexipol Services:
6.1 Policy. Lexipol’s policy Subscription Material s and Knowledge Management System (“KMS”) are proprietary, protected under U.S. copyright, trademark, patent, and /or other applicable law s, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol’s Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights , intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non-assignable right to use the Subscription Materials for Agency’s internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency’s creation or use of Derivative Works . Lexipol’s Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Fr eedom of Information Act (FOIA) request, or Public Records Act (PRA) request . Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that Agency’s highest-ranking official shall , for all purposes, be considered the “policy maker” with regard to same. Lexipol’s KMS Service is subject to the Service Level Agreement attached to these Terms.
6.2 Learning. Lexipol’s Learning Management System (“LMS”) , offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other law s. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency’s right to use the LMS is limited to the rig hts expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency’s property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol’s LMS Service is subject to the Service Level Agreement attached to these Terms. 491 of 507
Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
3 6.3 Wellness. This Section applies when Agency subscribes to Lexipol’s Wellness Application (“Wellness App”) offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image -based, or video -based content underlying the Wellness App that is not specifically provided by Agency is the propr ietary intellectual property of Lexipol and/or its suppliers or licensors , protected to the maximum extent permitted by trademark, copyright, and patent laws . Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise.
6.4 Grants. This Section applies when Agency selects Lexipol’s Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services , Agency takes full responsibility for submitting information reasonably required by Lexipol’s grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines , but Lexipol shall be considered Agency’s duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees.
Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service.
Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant.
Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past-due payments are received in full, and may terminate Agency’s access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee.
6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscrip tion Materials, KMS, LMS, Wellness App , or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to di scover any object code, source code, or proprietary data underlying the Services . Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy.
7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein , Agency remains solely responsible for maintaining the confidentiality of Agency’s username(s) and password(s) and the security of Agency’s account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency’s account(s) or use of Agency’s username(s) and/or password(s) by any person or entity other than authorized Agency personnel.
Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s username(s) and/or password(s).
8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view-only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs ) to Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees. 492 of 507
Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
4 9. Confidentiality. During the term of the Agreement , either party may be required to disclose information to the other party that is marked “confidential” or is of such a type that the confidentiality thereof is reasonably apparent (collectively, “Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who ha ve a need to know such Confidential Information in connection with the Services ; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized b y the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party ma y, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.
Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.
10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS- IS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITN ESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
11. Limitation of Liability. Lexipol’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action.
In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages , or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action.
12. General Terms.
12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instru ment or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement .
12.2 Invalidity of Provisions . Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of th e Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.
12.3 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.
12.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, witho ut giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 493 of 507
Copyright © Lexipol, LLC 1995-2022
Rev. 1.1.2022
5 12.5 Compliance with Laws . Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms.
12.6 Attorney’s Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.
12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time . Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party.
12.8 Entire Agreement . The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby.
12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement.
Lexipol Service Level Agreement for Cloud-Based Services
1. Response Times. For issues relating to Lexipol’s online, cloud-based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol’s Normal Support Channels) within two (2) Business Days after receipt.
2. Uptime Commitment. The Uptime Percentage for the Service will be ninety -nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1 -minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1 -minute period, all connection requests received by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1 -minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.
3. Exclusions from Uptime Percentage . All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency. 494 of 507
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk
DATE: February 21, 2023
SUBJECT: Discussion and Possible Minute action to apply as a small city representative from Kern County as a board member of the San Joaquin Valley Air Pollution Control District Governing Board for a three-year term.
Recommendation:
Staff recommends the City Council
1) Discussion and Possible Minute action to apply as a small city representative from Kern County as a board member of the San Joaquin Valley Air Pollution Control District Governing Board for a three-year term; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance w ith the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity w hich does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
The San Joaquin Valley Air Pollution Control District Governing Board has a vacancy for a small city representative from Kern County. The appointment of the Board member is for a three-year term. Interested Council members can submit completed applications to the District by March 3, 2023. The explanation for the process is attached to this report.
Fiscal Impact: None
Attachments:
1. SJVAPCD application process
STAFF REPORT
City of Wasco
495 of 507
GOVERNING BOARD
Vito Chiesa, Chair
Supervisor, Stanislaus County
Deborah Lewis, Vice Chair
Councilmember, City of Los Banos
Drew M. Bessinger
Councilmember, City of Clovis
David Couch
Supervisor, Kern County
Robert Macaulay
Supervisor, Madera County
Buddy Mendes
Supervisor, Fresno County
Tania Pacheco-Werner, PhD.
Appointed by Governor
Lloyd Pareira
Supervisor, Merced County
Alvaro Preciado
Mayor, City of Avenal
Robert Rickman
Supervisor, San Joaquin County
Rusty Robinson
Supervisor, Kings County
Alexander C. Sherriffs, M.D.
Appointed by Governor
Amy Shuklian
Supervisor, Tulare County
Vacant
Large City
Vacant
Small City
Samir Sheikh
Executive Director
Air Pollution Control Officer
Northern Region Office
4800 Enterprise Way
Modesto, CA 95356-8718
(209) 557-6400 • FAX (209) 557-6475
Central Region Office
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
(559) 230-6000 • FAX (559) 230-6061
Southern Region Office
34946 Flyover Court
Bakersfield, CA 93308-9725
(661) 392-5500 • FAX (661) 392-5585
www.valleyair.org
February 17, 2023
Maria O. Martinez, City Clerk
746 8th Street
Wasco, CA 93280
RE: Application for Appointment as a City Member of the San Joaquin Valley Air Pollution Control District Governing Board
Dear Ms. Martinez,
As you may or may not know, members of your City Council are eligible to apply to be appointed as a city member of the San Joaquin Valley Air Pollution Control District (District) Governing Board.
We currently have a vacancy for a small city representative from Kern County.
Appointment to the Board is for a three year term. Interested Council members from your city must submit completed applications to the District by March 3, 2023.
Enclosed please find letters that can be sent to each Council member in your city, which will explain this process further. Please forward these letters to your Council members as soon as possible.
Should you have any questions or concerns, please do not hesitate to contact me by phone at (559) 230-6001, or via email at [email protected] Sincerely,
Katrina Rojas
Interim Deputy Clerk of the Boards
Enc.
496 of 507
GOVERNING BOARD
Vito Chiesa, Chair
Supervisor, Stanislaus County
Deborah Lewis, Vice Chair
Councilmember, City of Los Banos
Drew M. Bessinger
Councilmember, City of Clovis
David Couch
Supervisor, Kern County
Robert Macaulay
Supervisor, Madera County
Buddy Mendes
Supervisor, Fresno County
Tania Pacheco-Werner, PhD.
Appointed by Governor
Lloyd Pareira
Supervisor, Merced County
Alvaro Preciado
Mayor, City of Avenal
Robert Rickman
Supervisor, San Joaquin County
Rusty Robinson
Supervisor, Kings County
Alexander C. Sherriffs, M.D.
Appointed by Governor
Amy Shuklian
Supervisor, Tulare County
Vacant
Large City
Vacant
Small City
Samir Sheikh
Executive Director
Air Pollution Control Officer
Northern Region Office
4800 Enterprise Way
Modesto, CA 95356-8718
(209) 557-6400 • FAX (209) 557-6475
Central Region Office
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
(559) 230-6000 • FAX (559) 230-6061
Southern Region Office
34946 Flyover Court
Bakersfield, CA 93308-9725
(661) 392-5500 • FAX (661) 392-5585
www.valleyair.org
February 17, 2023
Subject: Application for Appointment as a City Member of the San Joaquin Valley Air Pollution Control District Governing Board
Dear Wasco City Councilmember,
I am sending you the attached application because as a member of the City Council for the City of Wasco you are eligible to apply to be appointed as a city member of the San Joaquin Valley Air Pollution Control District (District) Governing Board.
On March 31, 2009 the Valley-wide Special City Selection Committee adopted procedures and a rotation schedule for the appointment of City Council members to the District Governing Board. Appointment to the Board is for a three year term.
Interested council members from eligible cities must submit completed applications to the District by March 3, 2023. Following submittal of a completed application, your name will be placed upon a ballot through which each city in your county will select their preferred nominee at a public hearing. The nominee receiving the greatest number of votes from the cities within their county will then be voted on by the Special City Selection Committee for appointment to the District Governing Board. The schedule for appointments is as follows:
February 17, 2023 - APCO mails application packets to eligible cities
March 6, 2023- Application deadline
March 6, 2023 - Ballots mailed to cities within counties with an open seat march 6-23– each city schedules a public hearing to vote for a nominee March 23, 2023– APCO tallies votes and forwards nominations to the Special City Selection Committee (additional time may be necessary in the event of a tie to allow for re-vote)
March 28, 2023 or soon after- Special City Selection Committee convenes and makes appointments
If you have any questions please feel free to contact me or my staff at (559) 230-6036.
Sincerely,
Samir Sheikh
Executive Director/APCO
Enc.
497 of 507
APPLICATION FOR APPOINTMENT AS A CITY REPRESENTATIVE
ON GOVERNING BOARD OF
THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Current Vacancies
Small City: One member representing the cities with a population less than 100,000 from Kern County. Councilmembers from Cities of Arvin, Delano, Maricopa, McFarland, Shafter, Taft and Wasco are eligible to apply.
If you are an elected official on the council of the cities identified above, you may submit an application for appointment to the Governing Board of the San Joaquin Valley Air Pollution Control District.
Applicant Name:
Residence Address (Must live within the boundaries of the San Joaquin Valley APCD) :
Mailing Address:
Telephone: (_____) (_____)
Primary Alt.
Email Address:
Applicant Signature: Date: _____________
Please submit this form along with any other pertinent information (e.g., resume, candidate statement, education, experience) that you desire to be considered to the address below. Please limit candidate statement to no more than one page.
Please complete this application and return it by March 3, 2023:
Samir Sheikh
Air Pollution Control Officer
San Joaquin Valley APCD
1990 E. Gettysburg Avenue, Fresno, CA, 93726
498 of 507
STAFF REPORT
CITY OF WASCO
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Isarel Perez-Hernandez, Finance Director
DATE: February 21, 2023
SUBJECT: Adopt a Resolution approving the mid-year operating budget adjustments totaling $75,987.54 in the General Fund and $502,127.66 in other funds. _____________________________________________________________________________________
Recommendation:
Staff recommends that the City Council:
1) Adopt a resolution approving the mid-year operating budget adjustments totaling $75,987.54 in the General Fund and $502,127.66 in other funds; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Background:
The purpose of this report is to present the financial condition of the Gene ral Fund at the mid-point of the fiscal year and revised projections at year -end (Attachment 1) , and propose budget adjustments as needed based on issues that have surfaced since budget adoption.
The following Mid-Year Budget Review covers the first six months of the 2022-23 fiscal year from July 1, 202 2 through December 31, 202 2. Typically, most attention is paid to major operating funds, such as the General Fund, Water, Sanitation, and Wastewater Enterprise funds. The four largest and most vital revenue sources for the General Fund are Property Tax, Sales Tax, Measure X, and Motor Vehicle License Fees In Lieu of Property tax
499 of 507
The major takeaways are that the City remains on good financial footing at mid-year, with a continued focus on strategic one- time uses of higher-than-anticipated sales tax, and ARPA funds. However, impacts from inflation are beginning to be felt in every operation of the City, i ncluding utility enterprise operations, that will put pressure on budgets for the remainder of the fiscal year and planning for next year. It is worth noting that City staff recognizes the economic environment and it’s reflected in the minimal budget adjustments.
Discussion:
Key Findings. On a positive note, key General Fund revenues are performing on target with projections included in the adopted 2022-23 Budget. The fund balance of $7 million at the end of the year, which is 51.45% of operating expenditures compared with the City’s minimum policy of 35% is an indicator that the city is able to meet operating costs for the three months.
The Road Ahead. While the General Fund is in satisfactory fiscal condition in the short term, significant fiscal challenges are ahead like staffing shortages and the startup of the Wasco Police Department coupled with other cost pressures due to unfunded pension , higher inflation rates and likely higher public safety and fire contract cost increases from Kern County due to these same pressures.
General Fund Fiscal Review
Attachment 1 presents an analysis of General Fund revenues (“Top 10,” which exclud es one-time grants, account for 9 0% of total revenues), expenditures , and changes in fund balance. It presents actual results for the last two completed fiscal years (20 20-21 and 2021-22) and year -to-date for 2022-23 through December 31, 2022. It then shows the current budget, revised year-end projections, and the variance.
Revenues. The following is a summary of key variances.
• Property tax (general and VLF in Lieu). Based on apportionment factors set by the State, both of these revenues are collected on the property tax and driven based on assessed valuation. Typically, changes in assessed value are slow to react to economic factors, up or down. The first major apportionment of 202 2-23 taxes occurred in December 2022, and thus far collections are on target with our projections.
• Sales tax (general and Measure X). Based on year -to-date results, General and Measure X sales tax revenues appear to be performing slightly above estimates; however, the City has yet to receive the December monthly payment from the State of California. We anticipate that our revenues will be on target once these payments are received.
• Transient occupancy tax (TOT). Visitors to Wasco who stay in the City’s hotels, motels , and inns for a period of less than thirty consecutive calendar days pay TOT. Quarterly TOT payments are due within 30 days after the end of the quarter. Based on year -to- date results, TOT appears to be performing slightly below estimates; however, we have yet to receive any second -quarter payments as of the date of this report. We anticipate that our revenues will be on target once these payments are received.
500 of 507
• Development review fees and permits. This revenue is mainly comprised of fees for planning and engineering services and building permits. We will continue to monitor these revenues as they appear to be performing above projections. It’s worth noting that the driving factor has been an increase in building permits.
• Grants. The significant variance between fiscal year 2021-2022 Actual to fiscal year 2022-2023 is primarily due to several projects that have carried forward into fiscal year 2023 after the completion of preliminary engineering some of these projects are: Road Rehab Palm Avenue, Shoulder Paving Palm Avenue, and the demolition of the former labor camp complex. The city has negotiated agreements with the rail authority to assist the City with the demolition in the event that the City is not successful in finding grants to pay for the demolition.
Expenditures. These are based on the current budget plus the proposed budget adjustments. The basis for these adjustments is discussed below.
Other Sources and Uses. This category reflects transfers from other funds,
Ending Fund Balance. After assigning $9.3 million for the labor housing complex grant revenue contingency, the ending unassigned fund balance is $7 million at the end of the year, which is 51.45% of operating expenditures compared with the City’s minimum policy of 35%.
Mid-Year Appropriations
Operating Budget. Proposed mid-year budget adjustments are detailed in Attachment 2, summarized as follows by fund:
Proposed Operating Budget Adjustments by Program
City Council • Line-item cost adjustments for special events and projects:
$5,000.
Non-Departmental • Additional funding to pay for increased electrical costs:
$28,206.42.
Animal Control • Additional funding for increased vet service costs: $25,000.
Community
Facilities District
• Increased electricity costs: $225.
Sewer Lift Station • Increased electricity costs: $2,000.
Wastewater • Additional funding for increased electricity costs: $2,000.
Water • Additional pumping electrical costs due to Well 14 becoming operational during the period: $7,500.
Sanitation • Additional funding for increased fuel cost: $120,000. • Increased utility costs: $12,696.24.
CNG Fueling
Station
• Increased Professional Services: $5,000
• Increased CNG Fuel Costs increased 300%: $198,000
Transportation • Increased travel and training: $4,000. • Increase fuel $40,000.
• Share of electrical costs from City Hall: $2,500.
SoCalGas • Various Departments Gas bill increases: $50,000
501 of 507
ENTERPRISE FUNDS
WASTEWATER
The table above displays a comparison between the actual to budget figures as of 12/31/2022 for the Wastewater Fund as well as a percentage difference between budget and actual. At the bottom , the anticipated Surplus or Deficit is displayed as a positive (favorable) or negative (unfavorable). Please note that the Wastewater Fund Capital costs are included in these figures. The table above excludes any proposed midyear adjustments.
Expenses are tracking at 3 4% thus far through the year , which appears lower than expected mainly due to the timing of capital projects. Revenues are roughly 47% which is slightly below where the Wastewater Fund is at this time of the year. This slight decrease is due to a timing difference in farm lease revenue and likely delayed utility payments due to the holidays. Another reason why wastewater revenues are trending slightly lower than anticipated may have to do with the current inflation environment that may be changing customer payment patterns. A customer under financial pressure may be tempted to delay payment to put food on their table . If inflation continues to increase and the economic situation worsens the enterprise funds can be a greater risk which is why we will continue to monitor these revenues as they appear to be performing slightly below projections.
This fund is, however, anticipated to be in an operational deficit (spending more than it earns) as capital projects commence. The last utility rates occurred in 200 7. The Wastewater Fund appears to have healthy reserves at the moment to offset the cost of needed capital improvement for current user demands. On January 17 th, the City Council
approved the new utility rate schedule which will pay a vital role as the continues to grow and possibly the City expanding its commercial and industrial footprint.
WATER
WASTEWATER FUND
YTD Current Percentage
2021-22 Budget Difference
Revenues 1,315,217 2,799,300 47%
Expenditures 957,606 2,816,727 34%
Surplus (Deficit) 357,611 $ (17,427)$
Actual Mid-Year Budget Review
WA TER FUND
YTD Current Percentage
2021-22 Budget Difference
Revenues 1,618,657$ 3,790,000$ 43%
Expenditures 1,312,392$ 5,843,780$ 22%
Surplus (Deficit) 306,265$ (2,053,780)$
Actual Mid-Year Budget
502 of 507
The table above displays a comparison between the actual to budget figures as of 12/31/2022 for the Water Fund as well as a percentage difference between budget and actual. At the bottom, the anticipated Surplus or Deficit is displayed as a positive (favorable) or negative (unfavorable). Please note that the Water Fund Capital costs are included in these figures. The table above excludes any adjustments.
Exp
enses are tracking at 22% thus far through the year , which is about wh ere staff anticipates this should be given the large capital allocation to acquire land for the replacement of aged water wells and two storage tanks. In addition to land acquisitions, the fund experienced numerous staffing vacancies . As a result, personnel costs were impacted.
Reven
ues are roughly 43% which is below where the Water Fund is at this time of the year.
A common trend amongst all three enterprise funds has been that they are all three under the 50% benchmark which can mean several things. Customers likely paid their utility bills after the holidays which is resulting in a timing difference or the impacts of the current inflation environment is changing customer payment patterns as a customer under financial pressure may be tempted to delay payment to put food on their table. If inflation continues to increase and the economic situation worsens the enterprise funds can be a greater risk which is why we will continue to monitor these revenues as they appear to be performing slightly below projections.
Soli
d Waste (Sanitation)
The t
able above displays a comparison between the actual to budget figures as of 12/31/2022 for the Sanitation Fund as well as a percentage difference between budget and actual. At the bottom, the anticipated Surplus or Deficit is displayed as a positive (favorable) or negative (unfavorable). Please note that the Sanitation Fund Capital costs are included in these figures. The table above excludes any adjustments.
Exp
enses are tracking at 3 4% thus far through the year , which is about wh ere staff anticipates this should be given the large capital allocation to purchase refuse trucks and staffing vacancies. The Sanitation fund currently owns 10 trash trucks. The industry average is 10 years for the use of these heavy-duty trash trucks. The city has six trucks that have far exceeded their useful life ranging from 15 – 22 years.
Reven
ues are roughly 43% which is below where the Solid Waste Fund is at this time of the year. A common trend amongst all three enterprise funds has been that they are all three under the 50% benchmark which can mean several things. Customers likely paid their utility bills after the holidays which is resulting in a timing difference or the impacts of the current inflation environment is changing customer payment patterns as a customer under financial pressure may be tempted to delay payment to put food on their table. If inflation
SA NITA TION FUND
YTD Current Percentage
2022-23 Budget Difference
Revenues 1,457,984 3,415,475 43%
Expenditures 1,355,486 3,994,241 34%
Surplus(Deficit) 102,498$ (578,766)$
Actual Mid-Year Budget Review
503 of 507
continues to increase and the economic situation worsens the enterprise funds can be a greater risk which is why we will continue to monitor these revenues as they appear to be performing slightly below projections.
This fund is, ho wever, anticipated to be in an operational deficit (spending more than it earns) as costs continued to increase coupled by State Mandates effective January 01, 2022. The last rate study was in 2013 and the c osts to deliver Sanitation services have increased substantially from 2013 to 2023, but rates have remained the same for ten years.
The City Council approved the new rates back in April of 2022. The City recently approved a franchise agreement with American Refuse to provide State Mandated recyc ling services.
The rate increases were driven by two factors, aged trash trucks and the State Mandating the recycling of recyclables and organics in addition to significant reportings to ensure Cities are complying with SB 1383. The State has a goal of reducing Landfill Organic Waste by 20% by 2020, reducing Landfill Organic Waste by 75% by 2025, and also increasing 20% of edible food recovery by 2025.
FISCAL IMPACT:
There will be a fiscal impact of $502,127.66 on the fund balances of the funds mentioned above.
The major takeaways are that the City remains on good financial footing at mid-year, with a continued focus on one -time strategic uses of higher -than-anticipated sales tax and ARPA funds, however, impacts from inflation are beginning to be felt in every operation of the City, including utility enterprise operations, that will put pressure on budgets for the remainder of the fiscal year and planning for next year. It is worth noting that staff recognizes the economic pressures, and it’s reflected in the minimal budget adjustments.
ATTACHMENTS:
1. General Fund Mid-Year Budget Review Summary
2. Resolution and Proposed Budget Adjustments
3. Exhibit A
504 of 507
City of Wasco
2022-23 Mid-Year Budget Review
GENERAL FUND
YTD Current Variance
2020-21 2021-22 2022-23 Budget Revised Fav(Unfav)
Revenues
Property tax
General 974,358 1,018,767 413,657 965,500 965,500 -
In Lieu of VLF 3,172,544 3,335,911 1,776,260 3,165,000 3,165,000 - Sales Tax
General 1,849,814 2,190,541 739,961 1,450,000 1,500,000 50,000 Measure X 2,900,705 3,333,089 1,068,868 2,250,000 2,250,000 - Franchise Tax & Fees 375,823 400,756 34,063 365,000 365,000 - Transient Occupancy Tax 156,314 216,564 40,819 150,000 150,000 - Business License 88,313 87,467 27,323 95,000 85,000 (10,000) Permit & Service Charges
Development Review 691,033 511,997 415,063 472,025 587,025 115,000 Other Charges 13,109 21,867 11,656 21,150 21,150 -
G&A Allocations 1,215,456 1,398,449 553,800 1,661,400 1,661,400 - Internal Service Fees 785,028 884,214 455,840 1,139,600 1,139,600 - Grants 1,723,220 359,148 166,009 6,474,437 6,474,437 -
Grants Carryover 11,018,999 11,018,999
Other Revenues 655,781 6,767 369,439 355,710 323,710 (32,000) Total 14,601,499 13,765,537 6,072,757 18,564,822 29,706,821 11,141,999 Expenditures
Operating
General Government 1,557,044 1,562,664 672,345 2,305,744 2,338,950 33,206 Community Development 1,164,160 1,295,744 457,007 1,843,599 1,843,599 - Public Safety 4,853,680 5,555,226 1,483,526 6,113,567 6,147,431 33,864 Public Works 1,560,620 1,195,219 671,418 1,812,311 1,821,227 8,917 Internal Service 881,435 889,901 417,682 1,482,753 1,482,753 - Total Operating 10,016,940 10,498,754 3,701,978 13,557,973 13,633,961 75,988 Capital Outlay 1,885,140 2,149,332 465,687 16,455,264 16,455,264 - Capital Outlay Carryover 6,618,343 6,618,343
Total 11,902,079 12,648,085 4,167,665 30,013,237 36,707,567 6,694,331 Other Sources (Uses)
Transfers In 3,501,187 5,163,107 896,681 7,737,808 7,737,808 - Transfers Out (1,967,311) (3,021,285) (899,121) (5,425,129) (5,425,129) - Total 1,533,876 2,141,822 (2,440) 2,312,680 2,312,680 - Sources Over (Under) Uses 4,233,295 3,259,274 1,902,653 (9,135,735) (4,688,066) 4,447,668 Fund Balance
Beginning of Year 13,510,116 17,743,410 21,002,685 21,002,685 21,002,685 - End of Year
Assigned: Labor Camp Demo 9,300,000 9,300,000 9,300,000 9,300,000 9,300,000 - Unassigned 8,443,410 11,702,685 13,605,338 2,566,950 7,014,619 4,447,668 End of Year Including Measure X 17,743,410 21,002,685 22,905,338 11,866,950 16,314,619 4,447,668 Actual Mid-Year Budget Review
505 of 507
RESOLUTION NO. 2023 -_________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE FY 2021-22
MID-YEAR BUDGET ADJUSTMENTS AND ESTABLISHMENT OF THE AMERICAN RESCUE PLAN ACT
SPECIAL REVENUE FUND
WHEREAS, the City of Wasco adopted the FY 2022-23 Budget on June 27, 2022, with resolution number 2022-3749; and
WHEREAS, the Finance Department of the City of Wasco has prepared the Mid-Year Budget Review for the fiscal year 2022-2023 and identified any needed adjustments to the budget document totaling $502,127.66; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:
SECTION 1: A pprove the FY 20 22-23 proposed Mid-Year operating budget adjustments totaling $75,987.54 in the General Fund and $502,127.66 in other funds.
SECTION 2: accepts the mid-year financial report outlined as detailed in Exhibit A and directs the Finance Director to incorporate these amendments into the 2022-2023 annual budget.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution NO. 2023- was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 21, 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
VINCENT MARTINEZ,
MAYOR of the City of Wasco
Attest:
__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
506 of 507
Exhibit A
City of Wasco
Mid-Year Budget Adjustments
Fiscal Year 2022-23
Proposed Operating Budget Adjustments by Program
City Council Line-item cost adjustments for special events and projects: $5,000.
Non-Departmental Additional funding to pay for increased electrical costs:$28,206.42.
Animal Control Additional funding for increased vet service costs: $25,000.
Community Facilities
District
Increased electricity costs: $225.
Sewer Lift Station Increased electricity costs: $2,000.
Wastewater Additional funding for increased electricity costs: $2,000.
Water Additional pumping electrical costs due to Well 14 becoming operational during $7,500.
Sanitation Additional funding for increased fuel cost: $120,000. Increased utility costs: $12,696.24.
CNG Fueling Station Increased Professional Services: $5,000 Increased CNG Fuel Costs increased 300%: $198,000
Transportation Increased travel and training: $4,000. Increase fuel $40,000.
Share of electrical costs from City Hall: $2,500.
SocalGas Various Departments Gas bill increases: $50,000 507 of 507