Agenda — Wasco City Council, February 21, 2023 (part 1 of 2)

City of Wasco City Council Meeting Agenda, February 21, 2023 .

Pub
lic advisory: Face masks are recommended. The C ity Council chamber is open and accessible to the public.

View the meeting Live on
the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos subject to technical limitations.

ACCESSIBILITY: In c
om pliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661 -758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.

The fol
lowing is provided to assist with public participation:

AGENDA AVAILABILITY: T
he City Council Agenda is posted on the bul letin board at the entry of City Hall 746 8th Street, Wasco, at the entrance of 764 E street, Wasco, and at the entry of the Sheriff’s Office 748 F street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website at www.cityofwasco.org.

Agenda Materials: Cit
y C ouncil agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8 th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter
PUBLIC COMMENTS: All public comments are subject to a 2 -minute limit, and a
maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters, not on the agenda or a specific item on the agenda, you may address your comments IN PERSON . Before making your presentation, you will be asked to state your name for the record . If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4:00 p.m. February 21, 2023. Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record; If a comment is received after the AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, February 21, 2023 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, February 21, 2023 specific time mentioned above, but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting. Still, it will not be read into the record.

Plea
se be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. Subject to availability, notif ying at least 48 hours before will usually enable the City to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: S
i necesita una interpretación de sus comunicaciones
al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretario de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a disponibilidad.

GETTING TO KNOW YOUR AGENDA
Agenda Sections:

CONSENT CALENDAR Items
are routine items that are not expected to prompt
discussion. All items are considered for approval at the same time with one vote.

Councilmembers, staff, and the public may request items be removed , and members of the public may comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.

PUBLIC COMMENT pr
ovides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda.

PUBLIC HEARINGS ar
e held on matters specifically required by law. The Mayor will ask for presentations from the staff, the proponent, or the applicant involved (if applicable) in the matter under discussion. Following the Mayor will open the public hearing and ask for public comments. Following the questions from the Councilmembers. The Mayor closes the hearing, and the City Council may discuss and take action.

DEFERRED ITEMS: thes
e are items that were postponed or delayed for specific reasons and are brought back to the Council for consideration. These items are expected to cause discussion and/or action by the Council. Staff may make a presentation, and Councilmembers may as k questions of staff and involved parties before the Mayor invites the public to provide input.
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City of Wasco City Council Meeting Agenda, February 21, 2023 NEW BUSINESS: these are items that are expected to cause discussion and/or action by the council but do not legally require a Public Hearing. Staff may make a presentation, and Council members may ask questions of staff and the involved parties before the Mayor invites the public to provide input.

CLOSED SESSION: m
ay only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiation position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law.

Council Actions:

RESOLUTIONS are f
ormal expressions of opinion or intention of the Council and are usually effective immediately.

ORDINANCES are l
aws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings; an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS
: CEQA is intended to
inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage.

PROCLAMATIONS and
RECOGNITIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees.

REGULAR MEETING – 6:00 pm
1) CALL T
O ORDER: Mayor Martinez
2) ROLL C
ALL: Mayor Martinez, Mayor Pro Tem Garcia, Council Members: Medina, Reyna, Saldaña
3) FLAG
SALUTE: led by Mayor
4) INVO
CATION: by Paul Hernandez, Free Will Baptist Church
5) PRESE
NTATIONS:
6) PUB
LIC COMMENTS:

This portion of the meeting is reserved for persons desiring to address the Council and including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda and over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) minutes. A max imum of Thirty (30) minutes will 3 of 507
City of Wasco City Council Meeting Agenda, February 21, 2023 be allowed for any one subject. Please state your name for the record before making your presentation.

BRO
WN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests made during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None
8) WASC
O PUBLIC FINANCE AUTHORITY BUSINESS: None

CITY CO
UNCIL BUSINESS:
9) CONSENT CALENDAR:

The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and File department payments totaling $ 397,770.86 b. App
roval of Travel Expenses Exceeding $500.00 for the Chief Building Official to attend the California Building Officials (CALBO) Annual Business Meeting March 5 – March 9, 2023, in San Diego, CA. and Find that this action is not a project as defined under the California Environmental Quality Act State 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 State Guidelines Section 15060(c) (3), no environmental review is required. c. Adopt
a Resolution authorizing the City Manager or designee to complete and execute a professional services agreement with Sentinel Engineering to provide Police Department technology consulting services and Find that this action is not a project as defined under the California Environmental Quality Act State 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 State Guidelines Section 15060(c) (3), no environmental review is required.
d. Acc
ept all Bids and Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with Bowman Asphalt, Inc. for the North Magnolia Paving Project in the amount of $207,400.00 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $10,000 and Find that th e proposed Project is classified as categorically exempt pursuant to CEQA Section 15332 qualifies for Class 32 Categorical Exempion of the California Environmental Quality Act State Guidelines, thus, no environmental review is required.
e. Ado
pt A Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Services Agreement with Miller Mendel Inc (MMI) a 4 of 507
City of Wasco City Council Meeting Agenda, February 21, 2023 Washington corporation for their eSOPH software platform and Find that this Action is not a project as defined under Section 15378 of the State CEQA guideli nes 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, no environmental review is required.
f. Adop
t a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2022– 2023. and Find this Action 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, no environmental review is required. g. Approv
al for Travel Expenses Exceeding $500.00 per participation for Mayor Martinez, Council Member Garcia, Council Member Medina, Council Member Reyna, Council Member Saldaña, and the City Manager to attend the League of California Cities City Leaders Summit on April 12 – April 14, 2023, in Sacramento California and Find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State 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 State Guidelines Section 15060(c) (3), no environmental review is required. h. App
roval of Travel and Training Expenses Exceeding $500.00 for Executive Assistant I to attend the California Association for Coordinated Transportation(CALACT) Spring 2023 Conference on April 17 – 20, 2023, in Olympic Valley, CA and Find that this action is not a project as defined under the California Environment al Quality Act State 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 State Guidelines Section 15060(c) (3), n o environmental review is required.
i. App
roval of Travel Expenses Exceeding $500.00 per trip for the City Clerk to attend the City Clerks of California Annual Conference on April 11 – 14, 2023, in Palm Springs, California and Find that this action is not a project as defined under the California Environmental Quality Act State 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 State Guidelines Section 15060(c) (3), no environmental review is required. j. App
roval of Travel Expenses Exceeding $500.00 for the City Manager to attend the ICSC Conference scheduled for May 21 -23, 2023 in Las Vegas, Nevada and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical 5 of 507
City of Wasco City Council Meeting Agenda, February 21, 2023 change in the environment ; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
k. Ado
pt and Waive the Second Reading of an Ordinance of the City of Wasco Amending Table 2 -6 of Municipal Code Section 17.22.070 and Amending Boundaries on Figure 2-4 of the Municipal Code Section 17.24.040 and find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305 Class 5 consist on minor alterations in land use limitations, no environmental review is required. l. App
rove 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 and Find that this action is not a project as defined under the California Environmental Quality Act State 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 State Guidelines Section 15060(c) (3), no environmental review is required.
m. Ado
pt 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 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. 10) PUBL
IC HEARINGS: None
11) DEFER
RED BUSINESS: None
12) NEW BU
SINESS:
a. 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 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 environ mental review is required. (Hurlbert)
b. Ado
pt 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 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. (Perez-Hernandez)
13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Reyna & Medina)
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City of Wasco City Council Meeting Agenda, February 21, 2023 14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)
b. Kern
County Sheriff’s Department (Shinn)
15) REPORT
S FROM THE CITY MANAGER:
16) REPORT
S FROM THE CITY COUNCIL:
17) CLOSE
D SESSION: None
18) CLOSED
SESSION ACTION:
19) ADJOU
RNMENT:

This is to certify that this agenda was posted at Wasc o City Hall on February 17, 2023, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.
______________________
________________
Maria O. Martinez, City Clerk
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WARRANTS AMOUNTS
G020123 54,230.90
WF123122 28,063.06
G020823 303,868.90
G020623 11,608.00 Verified By:

Grand Total 397,770.86 Finance Director

AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 G020123 PG & E COMPANY 85 07511140290 01/30/23 24771 UB COW VEHICLES PARKING 14000 J ST JAN 23 544.03 2 G020123 PG & E COMPANY 85 46754368564 01/30/23 24771 UB NE COR CENTRAL AVE & MARGALO ST 01/30/23 299.02 3 G020123 PACE ANALYTICAL SERVICES, INC 5694 B467815 24770 WTR SAMPLE TEST: 1/17/23 BACTERIOLOGICA L 98.00 4 G020123 PACE ANALYTICAL SERVICES, INC 5694 B467525 24770 WTR SAMPLE TEST: 1/11/23 BACTERIOLOGICA L 84.00 5 G020123 PACE ANALYTICAL SERVICES, INC 5694 B467080 24770 WTR SAMPLE TEST: 1/3/22 WELL#8,14,12,11,7,10 CLIP 680.00 6 G020123 PACE ANALYTICAL SERVICES, INC 5694 B466879 24770 WTR SAMPLE TEST: 1/3/23 WELL #8,#14 BACTERIOLOGIC A 28.00 7 G020123 PACE ANALYTICAL SERVICES, INC 5694 B466878 24770 WTR SAMPLE TEST: 1/3/23 BACTERIOLOGICA L 98.00 8 G020123 JEFFRIES BROS., INC 140 121144 24766 DISPOSAL #GENERAL: 55 GAL OF MOTOR OI L 811.25 9 G020123 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 2768 24773 21021: CDBG 16TH ST REHAB PROJECT AD 456.00 10 G020123 CHARTER COMMUNICATIONS 68 167736001012123 24764 JAN INTERNENT SERVICES 226.68 11 G020123 BSK & ASSOCIATES, INC. 1052 AG02001 24762 WW SAMPLE TEST: 1/11/23 BOD & TSS 140.00 12 G020123 BSK & ASSOCIATES, INC. 1052 AG01703 24762 WW SAMPLE TEST: 1/13/22 BOD & TSS 265.00 13 G020123 WILLIAM C. STATLER 5136 NO.9 24775 PROFESSIONAL SERVICES JAN 2023 2,500.00 14 G020123 ALEXANDER'S CONTRACT SERVICES, INC. 3828 202301180590 24759 READING METER SERVICE 1/13/23-1/18/23 6,563.02 15 G020123 T-MOBILE 4899 964042089 JAN 2023 24774 CELL PHONE SRVCS 12/21/22 - 01/20/23 843.16 16 G020123 AFFINITY TRUCK CENTER 405 F013260147:01 24758 DISPOSAL #22: 1 FRONT & REAR BRAKE SHOE & DRUM 629.00 17 G020123 AMAZON CAPITAL SERVICES, INC 4968 1TQQ-9WD6-NXT9 24760 CORDLESS TRANSFER PUMP, REMOTES, LOCK FITTINGS 169.18 18 G020123 AMAZON CAPITAL SERVICES, INC 4968 1C3K-FRWW-LQWJ 24760 QT: 1 NORSEMAN DRILL BITS AND DRILL SE T 108.88 19 G020123 ACC BUSINESS 4766 230160691 24757 JAN 2023: FIBER NETWORK SERVICES 816.91 20 G020123 ATT - PAYMENT CENTER 1488 000019400230 24761 PHONE SRVCS 12/24/22-01/23/23 24.62 21 G020123 ATT - PAYMENT CENTER 1488 000019400238 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 22 G020123 ATT - PAYMENT CENTER 1488 000019400229 24761 PHONE SRVCS 12/24/22 - 01/23/23 47.58 23 G020123 ATT - PAYMENT CENTER 1488 000019400237 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 24 G020123 ATT - PAYMENT CENTER 1488 000019400228 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.66 25 G020123 ATT - PAYMENT CENTER 1488 000019400236 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 26 G020123 ATT - PAYMENT CENTER 1488 000019400235 24761 PHONE SRVCS 12/24/22 - 01/23/23 45.88 27 G020123 ATT - PAYMENT CENTER 1488 000019400226 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 28 G020123 ATT - PAYMENT CENTER 1488 000019400234 24761 PHONE SRVCS 12/24/22 - 01/23/23 28.96 29 G020123 ATT - PAYMENT CENTER 1488 000019400225 24761 PHONE SRVCS 12/24/22 - 01/23/23 324.39 30 G020123 ATT - PAYMENT CENTER 1488 000019400232 24761 PHONE SRVCS 12/24/22 - 01/23/23 1,293.97 31 G020123 ATT - PAYMENT CENTER 1488 000019400223 24761 PHONE SRVCS 12/24/22 - 01/23/23 47.56 32 G020123 ATT - PAYMENT CENTER 1488 000019400239 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 33 G020123 ATT - PAYMENT CENTER 1488 000019400227 24761 PHONE SRVCS 12/24/22 - 01/23/24 70.50 34 G020123 ATT - PAYMENT CENTER 1488 000019400240 24761 PHONE SRVCS 12/24/22 - 01/23/23 70.51 35 G020123 ATT - PAYMENT CENTER 1488 000019400231 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 36 G020123 ATT - PAYMENT CENTER 1488 000019400222 24761 PHONE SRVCS 12/24/22 01/23/2023 28.96 37 G020123 ATT - PAYMENT CENTER 1488 000019400233 24761 PHONE SRVCS 12/24/23 - 01/23/23 24.62 38 G020123 ATT - PAYMENT CENTER 1488 000019400224 24761 PHONE SRVCS 12/24/22 - 01/23/23 24.62 39 G020123 ATT - PAYMENT CENTER 1488 000019401764 24761 P H ONE SRVCS 12/24/22 - 01/23/23 89.62 Council Meeting: FEBRUARY 21,2023
Bill Pay
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Digitally signed by: Isarel Perez-
Hernandez
DN: CN = Isarel Perez-
Hernandez email =
[email protected] C = US
Date: 2023.02.14 12:31:43 -
08'00'
Isarel Perez-
Hernandez
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AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 40 G020123 CLEAN STRIDE LLC 5289 6553 24765 JAN 2023: JANITORIAL SERVICE 4,897.00 41 G020123 P & J ELECTRIC, INC. 66 8072 24769 HEADWORKS VENTILATION FAN REPAIRS 783.25 42 G020123 CALIFORNIA BUILDING STANDARDS COMMISION 2575 SB1473 12/26/23 24763 GREEN FEE FOR OCT NOV DEC 2022 688.50 43 G020123 NATIONAL AUTO FLEET GROUP 5790 WF5895 24767 WATER DEPARTMENT NEW VEHICLE: FORD RANGER 29,798.37 44 G020123 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-110167 24768 DISPOSAL #25: AIR FILTER 96.53 45 G020123 QUADIENT LEASING USA, INC 2996 N9788088 24772 POSTAGE LEASING JAN 2023 312.95 46 G020123 Total 54,230.90
47 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122FIN 5267 CSFMO CONFERENCE 940.00 48 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122GS 5267 SUPPLIES FOR CHRISTMAS PARADE 959.82 49 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122WC 5267 CONFERENCE REGISTRATION, SUPPLIES FOR CITY HAL L 4,652.92 50 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122FL 5267 SAFTY TRAINING COURSE, SUPPLIES FOR REPAIRS 939.55 51 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122HK 5267 SUPPLIES FOR ANNEX AND CITY HALL, MEMBERSHIP 2,812.71 52 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122HC 5267 MATERIALS AND SUPPLIES FOR REPAIRS 1,794.91 53 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122HS 5267 COUNCIL MEETING SWEARING IN CEREMONY 215.83 54 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122LM 5267 CHEIF OF POLICE TRAINING 825.00 55 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122LF 5267 SUPPLIES FOR ANIMAL SHELTER AND AC TRUCK 65.42 56 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122L-M 5267 CALCITIES REGISTRATION FOR ALEX GARCI A 625.00 57 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122MM 5267 SUPPLIES FOR CHRISTMAS PARADE, SWEARING IN CEREMON 2,439.46 58 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122MV 5267 2023 CALCITIES REGISTRATION FOR VINCENT MARTINE Z 625.00 59 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122MS 5267 SAFETY SUPPLIES 487.44 60 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122MC 5267 OFFICE SUPPLIES, SUPPLIES FOR VALVE REPLACEMEN T 312.73 61 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122PW 5267 SUPPLIES FOR COUNCIL EVENT, SUPPLIES AND EQUIPMEN T 1,891.63 62 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122RG 5267 CALCITIES REGISTRATION GILBERTO REYN A 625.00 63 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122SC 5267 SUPPLIES FOR LIGHT TOWER, TRUCK, AND EMPLOYEE 701.41 64 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122VN 5267 SUPPLIES FOR EMPLOYEE APPRCIATION LUNCHEON 1,167.29 65 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122VL 5267 SUPPLIES FOR ANNEX REPAIRS, FIXED ASSETS 5,881.94 66 WF123122 WELLS FARGO CREDIT CARD 4426 WF123122PLAN 5267 SUBCRIPTION FOR INTERNATIONAL ASSOCIATION OF ELE C 100.00 67 WF123122 Total 28,063.06
68 G020823 PG & E COMPANY 85 3593196785-1 FEB 23 24797 UTILITY BILLING 01/03/23 - 01/31/23 1,840.95 69 G020823 PG & E COMPANY 85 2867383297-9 JAN-23 24797 UB 747 G ST WELL #14 01/30/23 31,725.77 70 G020823 AMAZON CAPITAL SERVICES, INC 4968 17LG-CNCN-7LHG 24787 6 QT: LED CORN LIGHTS, MOGUL BASE AND BULB 259.74 71 G020823 AMAZON CAPITAL SERVICES, INC 4968 1TPW-VFQ3-7YPR 24787 PHONE CASE FOR ANIMAL CONTROL PHONE 28.05 72 G020823 AMAZON CAPITAL SERVICES, INC 4968 1ND3-GVDF-LVPX 24787 RETRO FIT KIT WITH METAL COVER IN CHROME 283.14 73 G020823 ADVANTAGE ANSWERING PLUS 2564 00027-939-041 24786 FEB 2023 ANSWERING SERVICES 110.30 74 G020823 AMERICAN REFUSE INC 183 263730 24788 PRISON SCALE TICKETS JAN 2023 315.00 75 G020823 AUTOZONE,INC 851 5346418334 24789 DISPOSAL #GENERAL: BRAKE CLEANER & STEERING FLUID 123.12 76 G020823 BANK UP CORPORATION 4259 5480 24790 FEB 2023 LOCKBOX PROCESSING 695.75 77 G020823 COUNTRY TIRE & WHEEL 4953 2230114 24791 DISPOSAL #GENERAL: 6 RECAP TIRES 1,783.05 78 G020823 FERGUSON ENTERPRISES INC 1008 1757645 24792 150 QT: RESIDENTIAL WATER METERS 3/4"" & 1"" 27,820.25 79 G020823 FERGUSON ENTERPRISES INC 1008 1757645-1 24792 150 QT: RESIDENTIAL WATER METERS 3/4"" & 1"" 18,943.75 80 G020823 FERGUSON ENTERPRISES INC 1008 1739708-3 24792 SERVICE LEAKS REPAIRS: PARTS RESTOCK 71.13 81 G020823 GARDAWORLD 4266 10726821 24793 FEB ARMORED CAR SRVCS 433.23 82 G020823 GENERAL OFFICE MACHINE COMPANY 1195 20282 24794 COPIER METER READING 12/31/22-01/31/23 838.22 83 G020823 INFOMART, INC. 4345 961058 24795 BACKGROUND CHECKS JAN 2023 82.65 84 G020823 LAWSON PRODUCTS INC 792 9310272192 24796 MATERIAL #GENERAL: CONNECTORS AND WIRE TIES 144.39 85 G020823 RICHARDS, WATSON, GERSHON A PROFFESSIONAL CORP 3343 241017 24798 PROFESSIONAL SRVCS DEC 2022 2,750.00 86 G020823 SOLENIS LLC 4012 132230246 24799 POLYMER TOTE USED IN DAILY CENTRIFUGE DEWATERING 6,377.86 87 G020823 WASCO T-SHIRTS PRINTING 497 8657 24800 BUSINESS LIC PAPER 606.20 88 G020823 WILBUR-ELLIS COMPANY LLC 1655 15510658 24801 20 GALS OF ROUND UP OF POWERMAX HERBICIDE FOR WWTP 933.08 89 G020823 BAKERSFIELD DODGE, INC 361 VEHICLE 10989 24776 22007: VEHICLE PURCHASE VIN#10989 67,361.80 90 G020823 JIM BURKE FORD LINCOLN 134 VEHICLE 39881 24777 23017: VEHICLE PURCHASE VIN#39881 51,292.71 91 G020823 JIM BURKE FORD LINCOLN 134 VEHICLE 14702 24778 22005: VEHICLE PURCHASE VIN #14702 44,429.66 92 G020823 JIM BURKE FORD LINCOLN 134 VEHICLE 14703 24779 20231: VEHICLE PURCHASE VIN #14703 44,619.10 93 G020823 Total 303,868.90
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AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 94 G020623 ASPECT ENGINEERING 5829 22322 24784 23018: SCADA UPGRADE 10/11/22 TO 10/20/22 6,608.00 95 G020623 KERN ECONOMIC DEVELOPMENT CORPORATION 143 9022 24785 PUBLIC ANNUAL MEMBERSHIP AUGUST 2022-2023 5,000.00 96 G020623 Total 11,608.00
97 Grand Total 397,770.86
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: February 21, 2023

SUBJECT: Approval of Travel Expenses Exceeding $500.00 for the Chief Building Official to attend the California Building Officials (CALBO) Annual Business Meeting March 5 – March 9, 2023, in San Diego, CA.

Recommendation:

Staff recommends that the City Council
1) Approval of Travel Expenses Exceedi ng $500.00 for the Chief Building Official to attend the California Building Officials (CALBO) Annual Business Meeting March 5 – March 9, 2023, in San Diego, CA; 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 the approval of the Chief Building Official, Martin Ledezma, to attend the California Building Officials Annual Business Meeting, March 5 - March 9, 2023, in San Diego, CA.

This training is designed for California Building Officials to provide assistance through programs and workshops for building and saf ety management to ensure the highest safety needs for the community. The conference program is attached.

STAFF REPORT
City of Wasco

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The cost of training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Re solution No. 2006 -2327, limiting expenses to $500.00 per trip. As a result, the City Council will approve the travel request for the Chief Building Official as the expenses for the cost of th e trip will exceed $500.00.

Fiscal Impact:

It is estimated that the cost of the CALBO Annual Business Meeting will not exceed $2,800.

The cost of this training is within the Adopted FY 22/23 budget. No budget action is needed with approval of this item.

Attachments:

1. California Building Officials (CALBO) Annual Business Meeting Quick Guide

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st
ABM

A N N U A L B U S I N E S S M E E T I N G

HYATT REGENCY MISSION BAY

SPA AND MARINA
MARCH 5 - 9, 2023

QUICK GUIDE
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Registration
Chapter Leadership Breakfast, Sponsored by ICC
Nominations Committee Interviews (Closed)
Legislative Forum and Government Affairs Updates
CALBO Opening Ceremonies, Town Hall & Membership Forum
Model Codes Organizations Luncheon
Implementation of All-Gender Restrooms; Applicable Code Enforcement & Local Ordinances CALGreen Carbon Reduction: Building Reuse, Life Cycle Assessment, Global Warming Po
tential, and Environmental Product Declarations
SB 379 & SolarApp: Now What?
Region I Meeting
Break
8:30AM - 4:30PM
8:30 - 10:00AM
9:00AM - 5:00PM
11:00AM - 12:00PM
9:30 - 11:00AM
12:00 - 1:15PM
1:30 - 2:10PM
2:10 - 2:50PM
3:00 - 4:15PM
4:30 - 5:30PM
2:50 - 3:00PM
Tuesday, March 7
Monday, March 6
Thursday, March 9
CALBO's Annual Golf Classic Tournament1:00PM
Registration
State Agency Panel
Break
Annual Business Meeting & Election of Officers
Exhibitor Program Day I
Exhibitor Networking Luncheon
Building Officials as Inclusive Administrators
Break
Succession Planning for the Building Official & the Next Generation Industry Fellowship Event, Sponosored by Interwest
8:30AM - 4:30PM
8:30 - 10:30AM
10:30 - 10:45AM
10:45AM - 12:15PM
12:00 - 4:45PM
12:15 - 1:15PM
1:30 - 2:45PM
2:45 - 3:00PM
3:00 - 4:15PM
4:00 - 7:00PM
Registration
Exhibitor Program Day II
Workshop Session I
Workshop A: Disaster Response Call-Out: What to Expect When You Respond? Workshop B: Successful Implementation of Social Media
Workshop C: Managing Remote Employees in Today's Building Departments:

Lessons learned from the pandemic
Break
Workshop Session II
Past Presidents Luncheon & Awards Presentation
Workshop Session III
Workshop D: Fire Hazard Severity Zone Maps & Chapter 7A Workshop E: Value to Your Building Department Through Accreditation and Building Department Recognition Programs
Workshop F: Emergency Housing
Break
Workshop Session IV
President's Reception & Dinner
Repeat of Workshop Session I
Repeat of Workshop III
8:30AM - 4:30PM
8:30AM - 4:30PM
9:00 - 10:30AM
10:30 - 10:45AM
10:45AM - 12:15PM
12:15 - 1:30PM
1:30 - 3:00PM
3:00 - 3:15PM
3:15 - 4:45PM
5:30 - 9:30PM
CALBO Past Presidents Breakfast (Invitation Only)
Registration
Exhibitor Program Day III
2022 California Building Code: Significant Changes
2022 California Residential Code: Significant Changes
Safety Assessment Training: Evaluator and Coordinator Training BOLA Graduation Luncheon
8:30 - 10:00AM
8:30AM - 12:00PM
8:30AM - 12:00PM
9:O0AM - 4:30PM
9:O0AM - 4:30PM
9:O0AM - 4:30PM
12:15 - 1:15PM
Sunday, March 5
Wednesday, March 8
San Diego
ABM Overview
Sunday, March 5 - Thursday, March 9, 2023
Hyatt Regency Mission Bay Spa and Marina
1441 Quivira Road
San Diego, CA 93919
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Online Reservations:

Please visit the CALBO Reservation Site provided by
Hyatt Regency to book all overnight reservations:
https://www.hyatt.com/en-US/group-booking/SANIS/G-CABF
WelcomeWelcome toto San DiegoSan Diego

71441 Quivira Road
San Diego, CA 93919
619.224.1234
Hyatt Regency
Mission Bay Spa and Marina

LODGING INFORMATION
Room Block Rate:

The group rate of $185.00 per night plus taxes and discounted resort fee for standard rooms, excluding suite rates based on guest room and rate availability. If you DO NOT book under the CALBO Room Block, you are not guaranteed the room block rate.

Parking:

Day and overnight rate for self-parking is $45.00 per
vehicle.

Check-In/Check-Out Times:

Check-in time is 4:00pm and check-out time is 11:00am. Guests arriving prior to the standard check-in time will be accommodated as rooms become available. The front desk can arrange to check baggage for those arriving early and for guests attending functions on departure day.

Payment:

All reservations require a guarantee by a major credit card that will be charged for settlement of no-shows or early check out.

Cancellations must be made through the hotel. Refunds or adjustments are at the descretion of the hotel. Upon check-in, a major credit card will be required for incidentals.

Deadline:

The last day to reserve under the CALBO room block is
Monday, February 6, 2023 or after the room block is at
capacity, whatever is sooner. Room block reservations will be accepted on a space and rate availability basis only. If you do not book under the CALBO Room Block (code G-CABF), you
are not guaranteed the room block rate.

GREETINGS FROMSAN DIEGO
USA 5 CENTS

SAN DIEGO, CA
USA
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Thank you

TO OUR PARTNER

FOR THIS ANNUAL
FELLOWSHIP EVENT!
Calling all golfers; professional,
recreational and otherwise. CALBO has
put together a tremendous golf outing
with the help from our friends at 4LEAF,
Inc. Who doesn't want to hit the links
under the bright and beautiful California
sun?
Riverwalk Golf Club
1150 Fashion Valley Road
San Diego, CA 92108
CALBO ABM is a time for fellowship, camaraderie, and
celebration - and no one knows this better than our
friends at Interwest. All ABM Attendees are invited to
join for an evening of hosted food and beverages.

Special thanks to Interwest for their sponsorship of this ABM tradition. More information including location will be announced soon!
Golf Tournament
Sunday, March 5, 2023
1pm Shotgun Start
Fees: $150 per player. Sorry, no discount for foursomes.

Fees Include: Greens fees, shared cart, lunch, and
practice balls. A raffle and contests for longest drive, longest putt and closest to the pin are also included,
with a lively post tournament celebration.

Register: Please complete the CALBO ABM online
registration form and select "I would like to register for the golf tournament on Sunday, March 5, 2023." A
confirmation email will be sent to each player after
registration submission.

Thank you

TO OUR PARTNER
FOR THIS ANNUAL OUTING!
President's Reception and Dinner
CALBO in the Park
Wednesday, March 8, 2023
5:30 - 9:30pm
Please Note: Each ABM Full Program will recieve one
President's Dinner Ticket. All Day Pass registrants will need to purchase a ticket to attend. Please purchase tickets at $85 each in the CALBO ABM online registration form by selecting, "I would like to purchase additional lunch(es), or Wednesday President's Dinner ticket(s)."
Guests
CALBO enthusiastically welcomes friends, family,
colleagues, and companions to the Annual Business
Meeting. In past years, CALBO hosted a formal
companion's program with the help of local chapters
and industry partners. Although CALBO no longer hosts
a formalized program, we still welcome guests to join
our members for education, programming, and social
events. CALBO kindly requests that all guests register
for the events that they attend, including breaks,
lunches, and the President's Reception and Dinner.

CALBO is taking over San Diego’s famed
Balboa Park for a night of unexpected
history in a local gem. Come celebrate the
best of the golden state with CALBO
President Gonzalves for CALBO in the Park
at the historic local landmark – The Prado
at Balboa Park.

SOCIAL HIGHLIGHTS
ABM Fellowship Event
Tuesday, March 7, 2023
4:00 - 7:00pm
Important: Bus transportation will be provided for all dinner ticket holders to/from the Hyatt Mission Bay and the dinner venue. Bus times will be published before the event.

Ready to Register?
Don't forget to register online
by the deadline: Thursday, February 23, 2023.

It’ll be a night to remember in this picturesque hacienda that sets the scene for inspired Californian fare. We’ll dance the night away with views to the stars with classic tunes and celebrate with the best local grub around – all with a uniquely San Diego theme. Come celebrate CALBO and America’s Finest City at the Prado! Causal, comfortable attire is suggested. 16 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 Sentinel Engineering to provide Police Department technology consulting services.

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 Sentinel Engineering to provide Police Department technology consulting services; and

Environmental Review:

Discussion:

The resilience and security requirements for Public Safety information technology systems exceed the typical business-oriented environment. To ensure these requirements are fully met, Staff has elected to structure the new Police Department networking systems separately from the e xisting City network. This will ensure minimal disruption to current operations as the PD environment is installed and tested and allow the PD environment to operate stand-alone if needed.

Sentinel Engineering is experienced in municipal and law enforcement networking, and specialized security strategies. Their services will be used both on an hourly and task basis.

STAFF REPORT
City of Wasco

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A City standard professional services agreement template will be used for this engagement.

Fiscal Impact:

It is estimated that the cost of services under this agreement will not exceed $20,000 in FY 22/23 and is covered with existing Police Department funding. The budget will be established and approved separately for FY 23/24. No budget action is required with the approval of this item.

Attachments:

1. Resolution

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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 Attorney.

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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
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 21, 2023

SUBJECT: Accept all Bids and Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with the Awarded Contractor Bowman Asphalt, Inc., for the North Magnolia Paving Project in the amount of $ 207,400.00 and Authorizing the City Manager to exec ute Contract Change Orders in an amount not to exceed an aggregate of $10,000.

Recommendation:

Staff recommends the City Council:
1) Accept all Bids and Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with the Awarded Contractor Bowman Asphalt, Inc., for the North Magnolia Paving Project in the amount of $207,400.00 and Authorizing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $10,000; and

2) Find that this Project is classified as categorically exempt pursuant to CEQA Section 15332.

Environmental Review:

The staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project is cate gorically exempt pursuant to CEQA Section 15332 as it is characterized as in -fill development meeting the conditions described in this section. Thus, no environmental review is required.

Discussion:

The section of Magnolia Avenue on the North side of Highway 46 was unable to be reconstructed along with Magnolia Avenue South of Highway 46 due to funding restraints with the Grant that was utilized. Since this time , the North side section has been failing.

Over the last few months of heavy rain and traffi c on this section of Magnolia, the road

STAFF REPORT
City of Wasco

21 of 507
has become a nuisance to maintenance crews as well as the Citizens that have to use this road often.

Continued complaints and maintenance issues led Staff to issue a request for proposals on January 26, 2023, in order to procure a Contractor to re-construct the roadway.

The scope of work, in general, will consist of grinding and pulverizing in place the existing +/- 3” AC pavement, proof roll ing existing subgrade to compaction, grading existing subgrade to drain, grade shoulders to drain, re-pave to existing width and re-stripe back to existing striping utilizing thermoplastic striping rather than standard paint to ensure longevity.

Staff received 5 bids from Contractors as follows:

Contractor Cost

Bowman Asphalt $207,400.00
Burtch Construction $221,058.00
Greg Bartlett Construction $222,070.00
Griffith Company $227,735.00
Granite Construction $286,850.00

After reviewing the provided quotes, Staff has determined that Bowman Asphalt, Inc. is the most cost -effective qualified contractor. As such, Staff recommends awarding the Project to Bowman Asphalt, Inc.

Fiscal Impact:

The City has allotted a pot of funds for “Citywide Pavement Preservation” (Project 20215) to be utilized for performing various treatments of pavement around the City. The current pot of funding is around $500,000. Awarding this Project to Bowman asphalt would leave around $292,600 remaining for other Pavement Preservation Projects.

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Attachments:

1. Resolution

2. Agreement
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO TO AUTHORIZE THE CITY

MANAGER OR DESIGNEE TO ENTER AND EXECUTE A STANDARD AGREEMENT WITH BOWMAN ASPHALT, INC. FOR THE NORTH MAGNOLIA PAVING PROJECT AND TO EXECUTE CHANGE ORDERS AND MAKE QUANTITY ADJUSTMENTS IN AN AMOUNT NOT TO EXCEED $10,000.

WHEREAS, the City of Wasco wishes to contract with Bowman Asphalt , Inc. attached hereto as Exhibit “A”; and
WHEREAS, the services provided are described in the Agreement found in attachment “A”; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, Bowman Asphalt, Inc. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and,

WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and

WHEREAS, Bowman Asphalt, Inc. agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of February 14, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to enter and execute the Standard Agreement with Bowman Asphalt, Inc as follows:

SECTION 2: Authorize the City Manager or designee to execute change orders and make quantity adjustments to the contract in an amount not exceeding $10,000.00.

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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

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1 AGREEMENT NO. 2023 - _______

THIS AGREEMENT made this 21st day of February, 2023, by and between the CITY OF WASCO, hereinafter "City", and Bowman Asphalt, Inc., a California Corporation, hereinafter "Contractor,"

W I T N E S S E T H:

WHEREAS, City wishes to hire Contractor to provide construction services on Magnolia Avenue in Wasco, California as more particularly described in the City of Wasco Request for Proposals for North Magnolia Paving Project (the “Plans and Specifications”) which are incorporated herein by this reference (collectively, the “Services”) pursuant to the terms and conditions hereinafter described and Contractor 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. Contractor hereby agrees to perform the Services pursuant to the terms and conditions described hereinafter and pursuant to the Plans and Specifications to the extent not inconsistent with these terms and conditions.

3. Contractor shall perform the Services for a total price of not to exceed $207,400.00 (the “Total Price”). The Total Price shall be allocated as more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof . The Total Price shall be payable upon completion and acceptance of the Services by the City and after receipt of an invoice from Contractor which shall be subject to approval by the City Manager or his designee and the City Council.

4. Contractor shall complete the Services within 20 working days from issuance of a Notice to Proceed pursuant to the CalTrans 5-day workday calendar.

5. Contractor shall provide a performance bond to insure completion of the Services and a payment bond to insure payment to subcontractors and suppliers, each in the full amount of the Total Price and as approved by City. In the perform ance of Contractor's duties hereunder, Contractor shall also provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Contractor's sole cost and expense.

6. Contractor, at Contractor' s sole cost and expense, shall maintain throughout 27 of 507
2 the term of this Agreement all worker's compensation insurance where and in the amounts required by law and a comprehensive general public liability insurance policy from a company approved by City for protection against liability to the public arising as an incident of Contractor' s performance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least ten (10) days’ notice prior to cancellation or reduction of coverage.

In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance verifying Contractor 's compliance with the foregoing.

This Agreement shall not be effective until City has received and approved same.

7. Contractor shall pay, and shall require subcontractors to pay, employees working for a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determination and wage standards for the State of California. In accordance with Section 1775 of California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and its subcontractors shall pay to persons employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code.

Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours.

Contractor shall keep an accurate payroll record showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor.

8. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof and any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.

9. In addition to any other method of termination described in this Agreement, City, in its sole and absolute discretion, may terminate this Agreement at any time upon ten (10) days written notice to Contractor. In the event of any such termination and except as otherwise described herein, Contractor shall be entitled to payment for Contractor 's performance of its obligations hereunder to the date of termination subject to City 's approval and acceptance of Contractor's performance. City may terminate this Agreement upon twenty-four (24) hours’ notice to Contractor in the event of Contractor's default hereunder in which case, Contractor shall not be entitled to payment for any Services which 28 of 507
3 were performed in breach of this Agreement. In addition to City's right to terminate this Agreement due to Contractor's default, City shall have all other remedies available under this Agreement in the event of Contractor's default as well as all remedies available at law or in equity.

10. Contractor's Services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.

11. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor 's employees, subcontractors, agents, and representatives may encounter dangerous conditions on the premises where the Services are performed.

Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by Contractor, or Contractors' officers, employees, , subcontractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:

"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her must have materially affected his or her settlement with the debtor or released party. "

Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.

12. Contractor shall not assign any portion of this Agreement to any other person or entity without City’s written consent which may be given, conditioned or denied in City’s sole discretion.

13. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.

14. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to be noticed or upon deposit in the 29 of 507
4 United States mail, first class, postage prepaid, addressed as hereinafter described or when sent by facsimile transmission or when sent by electronic mail ("Email"). The following shall be used in providing the foregoing notices: City — City Manager, 746 8th Street, Wasco, California 93280, Fax — (661) 758-7239, Email— [email protected]; and Contractor — Clifford Boren, Email — [email protected] Any party may change its address or fax number by giving notice to the other party in the manner herein described.

15. If any
action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attorney fees in such action.

16. This Agreement may only be amended by a writing executed by all parties.

17. 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.

18. This Agreement contains 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.

19. This Agreement may be executed in counterparts. A facsimile or electronic version of this Agreement shall be as effective as the original for all purposes.

20. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

21. Subject to the restrictions on assignment in Paragraph 1 2, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

22. 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.

23. Time is of the essence with regard to each covenant, condition, and provision of this Agreement.

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5 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

Bowman Asphalt
"Contractor"

By: _____________________________
Clifford Boren

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6 EXHIBIT “A”
[Allocation of Services]

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Charles V Fivecoat, Chief of Police

DATE: February 21, 2023

SUBJECT: Adopt A Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Services Agreement with Miller Mendel Inc (MMI), a Washington corporation, for their eSOPH software platform.

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 Miller Mendel Inc (MMI), a Washington corporation, for their eSOPH software platform; 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 government al 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 Miller Mendel Inc (MMI) a Washington corporation, for their eSOPH software platform.

Miller Mendel, Inc. (“MMI”) creates, sells , and supports its software technology solutions for city, county, state, and federal public safety agencies. MMI’s primary focus is to turn past practices used by city, county, state , and federal government agencies into modern, efficient, and cost-effective digital solutions. eSOPH is a cloud -based software system designed specifically for public agencies that must process in -depth pre - employment background investigations on their applicants. eSOPH has been credited

STAFF REPORT
City of Wasco

33 of 507
with cutting the time it takes to process a pre-employment background investigation by more than 50%, saving agencies significant time and money and allowing applicants to be hired more quickly. The eSOPH software allows for on-demand credit reports, social media screening, two -way faxing, address and email validation, and the ability to customize questionnaires, exams, and forms based on agency needs. The eSOPH software is configurable by position and set up an automated ar chive and purging policies to help agenc ies comply with records retention policies and save on data storage. The eSOPH software has an interface for POST Law Enforcement Consultants to review Peace Officer and Dispatcher background investigation files onli ne. When using eSOPH, there is no longer a need to print and bind the background file. eSOPH fees are outlined within exhibit A.

Fiscal Impact:

It is estimated based on the pre-entry model, with additional charges for support to administrative user(s), fax service, Experian Employment Insights for “Credit Report” services, Social Media Screening services, and Storage Overages in addition to a one - time fee for training and setup. Expenses under this agreement are within the approved departmental budget. Any expenses exceeding the approved budget will be brought to Council for consideration and possible budget action on a future agenda.

Attachments:

1. Resolution

2. Agreement with Exhibits A and B

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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 MILLER MENDEL INC (MMI) FOR THEIR ESOPH SOFTWARE PLATFORM TO

ASSIST WITH PRE-EMPLOYMENT BACKGROUND INVESTIGATION
WHEREAS, The City of Wasco is pursuing the formation of a local Police Department, including the recruitment and hiring of law enforcement staff; and WHEREAS, Government Code §1031 requires a pre -employment background investigation for peace officers; this requirement is further defined in Commission Regulation 1953. Similarly, Penal Code §13510 authorizes POST to establish minimum standards for public safety dispatchers; those standards — including a background investigation — are defined in Commission Regulations 1956-1960; and
WHEREAS, eSOPH is a cloud -based software system designed specifically for public agencies that must process in-depth pre-employment background investigations on their applicants. eSOPH has been credited with cutting the time it takes to process a pre- employment background investigation by more than 50%; and WHEREAS, Miller Mendel Inc. proposes to p rovide eSOPH 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 as attached hereto as Exhibit “A” with Miller Mendel Inc (MMI) for their eSOPH software platform subject to the final approval of the City Manager and City Attorney.

-o0o-

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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
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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 Miller Mendel (MMI) a Washington corporation (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 during 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 each conducted entries. 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.
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2 5. Consultant shall indemnify,
defend and hold harmless City, its officers, Councilmembers, employees, and agents from any and all claims, 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 38 of 507

3 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 8th Street, Wasco, California 93280, Fax — (661) 758- 5411, Email: [email protected]. If to Consultant, MMI, Attn:

Jaymei Mendoza, 1425 Broadway #430, Seattle, WA, 98122, (209) 333- 4305, Email: [email protected]. Any party may change its address by giving notice to the other party in the manner herein described.

10. Ti
me 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.
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4 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.

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

Miller Mendel (MMI), “Consultant”

By:
_____________________________
Jaymei Mendoza

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5 EXHIBIT A

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6 EXHIBIT B

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555 12th Street NW
Suite 504
Washington, DC 20006
(1) 714 830 7000 T
(1) 714 830 7000 F
www.experian.com

February 8, 2023

Wasco Police Department
746 8th St
Wasco, OR 93280

This Letter Agreement is between Experian Information Solutions, Inc. (“Seller”) and the Wasco Police Department (“AGENCY”) covering AGENCY’S use of Seller’s Employment Insight with Fraud Shield being provided to AGENCY through Miller Mendel, Inc. (“Processor”) which are being procured by Processor under the Agreements established between Seller and Processor (STAC 2282020HR)

In consideration of the mutual covenants and agreements contained in this Letter Agreement and the provision and use directly by AGENCY of the Seller’s services, the parties agree as follows:

1. General Provisions for Data Use
(a) Data Use Restrictions. AGENCY agrees that it will not, either directly or indirectly, itself or through any agent or third party, without the prior written consent of Seller, requ est, compile, store, maintain, resell or use the Services (including any of the information contained in the Services) to build its own credit reporting database. AGENCY shall be solely responsible for assuring the secure and confidential manner in which it stores, delivers and transmits Services to its authorized employee users.
(b) Inquiries. When accessing Services, AGENCY certifies it will use reasonable measures to identify consumers and will accurately provide Seller with complete identifying information about the consumer inquired upon in the form specified by Seller. AGENCY will enter all requested AGENCY and type code information when requesting Services. Seller may use AGENCY’S inquiry data for any purpose consistent with applicable federal laws, rules , and regulations in Seller’s provision of the Services to AGENCY in its obligations as a consumer credit reporting as it pertains to Seller’s use of inquiry data for reporting, billing, and auditing purpose only. (c) Intellectual Property Rights. AGENCY acknowledges that Seller has expended substantial time, effort and funds to create and deliver the Services and compile its various databases. All data in Seller’s databases and any other intellectual property that are part of the Services are and will continue to be Seller’s exclusive property.

(d) Confidential Treatment. Under no circumstances will AGENCY resell or otherwise disclose to any other person, other than employees or agents whose duties reasonably relate to the lawful business purpose for which the Services were obtained, any of the Services or data that Seller delivers to AGENCY. Both parties hereby acknowledge that the Services and/or data provided by either party to the other may include personal information pertaining to individual consumers and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate 43 of 507

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Suite 504
Washington, DC 20006
(1) 714 830 7000 T
(1) 714 830 7000 F
www.experian.com
confidentiality and to prevent unlawful dissemination or misuse by its employees, officers, agents or any other person with access to such information. The Services and data shall only be used as expressly authorized in this Letter Agreement.

(e) Compliance with Laws. AGENCY shall comply with all federal laws, rules regulations and decisions applicable to AGENCY’S use of the Seller’s data and Services provided pursuant to this Letter Agreement.

(f) Notification of Security Breach. In the event that AGENCY determines that physical and/or electronic safeguards that directly impact the Services being provided under this Letter Agreement have been breached, and that Seller data provided under the Letter Agreement has been obtained by persons and/or entities without authority to use or view such Seller data, then AGENCY shall notify Seller to the extent allowed by applicable law and/or law enforcement AGENCY, in writing, within 24 hours of discovery.

(g) Warranty and Disclaimers. Seller warrants to AGENCY that Seller will use commercially reasonable efforts to deliver the Services in a timely manner. Because the Services involve conveying information provided to Seller by other sources, Seller cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases. THE WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH

IS THE ONLY WARRANTY SELLER HAS GIVEN AGENCY WITH RESPECT TO THE SERVICES. SELLER MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR

IMPLIED, WITH RESPECT TO THE SERVICES, ANY SELLER DATA, OR ANY OTHER

MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY SELLER HEREUNDER, AND

SELLER HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES

WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS

TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

2. CONSUMER CREDIT SERVICES AND DATA ENRICHMENT
FAIR CREDIT REPORTING ACT (“FCRA”) USE. AGENCY will request and use the Services strictly in accordance with the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et. seq., as amended (the “FCRA”). Without limiting the foregoing, AGENCY, certifies that AGENCY will request and use the Services solely in connection with (i) a single credit transaction with a consumer, or, if applicable, for another “permissible purposes” as defined by the FCRA; and (ii) transactions involving the consumer as to whom such information is sought and will not request or use such Services for purpose prohibited by law. If AGENCY uses the Services in any way related to collections, AGENCY acknowledges that permissible purpose does not include the collection of debts not voluntarily incurred by the consumer unless those debts are judicially established by a court order or judgment. AGENCY further certifies that it will comply with all requirements of the FCRA applicable to it. If AGENCY has purchased a consumer report from Seller in connection with a consumer’s application for credit, and the consumer makes a timely request of AGENCY, AGENCY may share the contents of that report with the consumer as long as it does so without charge and only after authenticating the consumer’s identity.

Death Master File Certification. AGENCY acknowledges many of Seller Services contain information from the Death Master File as issued by the Social Security Administration (“DMF”). Pursuant to 44 of 507

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Suite 504
Washington, DC 20006
(1) 714 830 7000 T
(1) 714 830 7000 F
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Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, AGENCY certifies that consistent with its applicable FCRA or GLB use of Experian’s Services, AGENCY’s use of deceased flags or other indicia within the Seller Services is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1).

AGENCY further certifies it will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia within the Seller Services.

Data Contribution. No data will be contributed from this Agreement.

Fraud Shield. AGENCY (a) agrees to use the Service solely to validate a consumer’s identity and not in whole or in part to establish an individual’s eligibility for personal credit, insurance, or employment, and (b) certifies that it will not take any adverse action (as defined in the FCRA) against any consumer or deny access to any of AGENCY’s services, which is based in whole or in part on information obtained from the Services. In lieu of any adverse action based on the Services, Experian recommends AGENCY take additional steps to verify the consumer’s identity, e.g. request an identification document from the consumer or waterfall to secondary authentication service.

Point of Sale Certification. In compliance with Section 1785.14(a) of the California Civil Code, AGENCY certifies to Experian that (i) AGENCY IS IS NOT a retail seller, as defined in Section 1802.3 of the California Civil Code (“Retail Seller”).

Written Instructions.

A. FCRA Compliance--Written Instructions. AGENCY shall substantially comply with the following web site requirements:
(1) AGENCY will prominently display a message specifically informing the consumer that his or her credit report will be consulted for the purpose for which it is to be used and no other purpose, and that clicking on the “I AGREE” button following such notice constitutes written instructions to the AGENCY under the FCRA. AGENCY agrees that the notice provided by AGENCY will be substantially as follows:

“You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to (AGENCY) under the Fair Credit Reporting Act authorizing (AGENCY) to obtain information from your personal credit profile or other information from Experian.

You authorize (AGENCY) to obtain such information solely to _____________________________ (insert purpose e.g. to confirm your identity to avoid fraudulent transactions in your name.) (2) The “I AGREE” button must immediately follow the notice provided for above. The notice and “I AGREE” button must be separate from any other notice or message contained on the web site. (3) The consumer must have the ability to fully review any of the terms to which he or she is agreeing immediately preceding the consensual click.
(4) The consumer must not be able to proceed in the process without affirmatively agreeing to the terms in the notice.
(5) The consumer must have the ability (should they choose) to print out the terms to which he or she is agreeing, including their consent.
(6) The record of the consumer’s ‘written instruction’ by clicking “I AGREE” must be retained by AGENCY in a form that is capable of being accurately reproduced for later reference by the Parties.

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555 12th Street NW
Suite 504
Washington, DC 20006
(1) 714 830 7000 T
(1) 714 830 7000 F
www.experian.com
B. Written Instructions by Telephone. If AGENCY is obtaining “written instructions” over the telephone, AGENCY shall substantially comply with the following requirements which are designed to comply with the Electronic Records and Signatures in Commerce Act:
(1) AGENCY will ask each consumer to confirm his or her consent to access such person’s credit report for authentication purposes by asking the following: “In order to verify your identity, you need to authorize (AGENCY) to access your credit report for authentication purposes. Please confirm your authorization to access your credit report for authentication purposes by pressing the # key now”; (2) The consumer must not be able to proceed in the process without affirmatively agreeing to allow access to his credit report as provided above; and
(3) The record of the consumer’s ‘written instruction’ by pressing the # symbol must be retained by AGENCY in a form that is capable of being accurately reproduced for later reference by the Parties.

Employment Insight. AGENCY certifies to Experian that (a) it will ensure that prior to procurement or causing the procurement of a consumer report for employment purposes (an Employment Insight Report):
(i) a clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing the procurement of the report by the AGENCY; (b) in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, AGENCY shall provide to the consumer to whom the report relates (i) a copy of the report; and (ii) a description in writing of the rights of the consumer as prescribed by the Bureau of Consumer Financial Protection (“Bureau”) under the FCRA; and (c) information from the consumer report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. AGENCY acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each consumer report used for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.

Kindly have an authorized representative sign at the bottom of this letter to indicate your agreement and return to my attention.

Dawn Brewick
847-809-0907

AGREED AND ACCEPTED BY THE WASCO POLICE DEPARTMENT

BY: _______________________________

TITLE: _______________________________

DATE: _______________________________
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MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT
This Master Software Subscription Services Agreement (this “Agreement”) is made and entered into on the last date signed below (“ Effective Date”) between Miller Mendel, Inc., a Washington corporation with an address at 1425 Broadway, #430, Seattle, WA 98122 (“MMI”), and the City of Wasco by and through the Wasco Police Department, with an address at 746 8th St., Wasco, CA 93280 (Client”). MMI an d Client may each be referred to individually as a “Party” or collectively as the “Parties.”

BACKGROUND
A. MMI is a technology company with a principal market in offering software subscription services to governmental and private entities;
B. Client desires to subscribe and use MMI's software system known as the "eSOPH" or "electronic Statement Of Personal History.” The eSOPH System (defined below) is a web -based software system designed and developed to assist with pre -employment background investigations. The eSOPH System allows Client to manage pre-employment background investigations of persons who apply for employment with Client.

C. MMI is willing to allow Client and its Applicants to use the eSOPH System in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties, each intending to be legally bound hereby, do promise and agree as follows:

AGREEMENT

1. DEFINITIONS. Except for the terms defined below, all initially capitalized terms used in this Agreement will have the meanings described within the text of this Agreement. As used herein, the following terms have the following defined meanings:

1.1 “Applicant” means a registered end-user that accesses the eSOPH System at the request of a Client to input or upload data or documents for the purpose of Client’s management of one or more pre -employment background investigations.

1.3 “Applicant Data” means any data transmitted by Applicant to the eSOPH System.

1.4 “Authorized User” means any user, excluding Applicant(s), who accesses the eSOPH System on behalf of Client . For Clients within California and participating in the California Commission on Police Officer Standards and Training (“POST”), “Authorized User(s)” also includes Authorized Users from POST.

1.5 “Available” means that the eSOPH System is: (a) available and accessible for use via the web-based interface provided by MMI, provided that Client has an operational Internet connection and all compatible hardware and software, including web browsers, required to access and use the eSOPH System; and (b) functioning in substantial compliance with the Master Agreement and the Documentation.

1.6 “Availability” shall have the meaning described in Section 2.14 (Availability Standards).

1.7 “Client” means the entity stated in the first paragraph at the top of this page, licensed to use the eSOPH System in accordance with the terms and conditions of this Agreement.

1.8 “Client Data” means all data and other information uploaded or transmitted to or keyed into the eSOPH System by Client or an Applicant.

1.9 “Client Specific Terms” means the terms and conditions specific to Client included in a Quote.

1.10 “Defect” means a failure of eSOPH System to substantially conform to the functional specifications set forth in the Master Agreement or the Documentation.

1.11 [Deleted].
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1.12 “Documentation” means any training materials, product descriptions, technical descriptions, flow charts, or other written or other tangible documentation provided or made available to Client by MMI that describes or depicts the functionality of the eSOPH System.

1.13 “Entry” has the meaning ascribed to it in Section 2.3.2.

1.14 “eSOPH System” means MMI's "electronic Statement Of Personal History" web-based software system designed and developed to assist with pre-employment background investigations, and all related Software.

The eSOPH System allows MMI’s clients to manage pre -employment background investigations of persons who apply for employment and volunteer positions with Client.

1.15 “Intellectual Property Rights” means all intellectual property rights throughout the world, whether existing under intellectual property, unfair competition or trade secret laws, or under statute or at common law or equity, including but not limited to: (i) copyrights, trade secrets, trademarks, trade names, patents, inventions, designs, logos and trade dress, “moral rights,” mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights; and (ii) any registration, application or right to apply for any of the rights referred to in this clause; and (iii) any and all renewals, extensions and restorations thereof, now or hereafter in force and effect.

1.16 “Subscription Term” shall have the meaning given in Section 4.1 (Term).

1.17 “Subscription Year” shall mean the twelve (12) month period following the Effective Date and the twelve (12) month period following each anniversary of the Effective Date.

1.18 “Administrative User” means an Authorized User of Client’s choosing listed on the Exhibit A who is authorized to grant initial eSOPH System login and password credentials to another Authorized User to access and use the eSOPH System and either (a) has completed an initial training session provided by MMI on or around the Setup Date or (b) is a successor designated by Client and qualifies in accordance with Section 2.6 (Administrative Users).

1.19 “Quote” means the written quotation delivered by MMI to Client, prior to entering this Agreement, for all Subscription Fees, Setup Fees and Support Services and other costs and fees agreed by the Parties, applicable during the Subscription Term. Each Quote agreed to by the Parties is hereby incorporated into this Agreement, and the terms of the current Quote are hereby made material terms of this Agreement which shall supersede any conflicting prior terms.

1.20 “Renewal Term” shall have the meaning given in Section 4.2 (Renewal) . “Subscription Term” may be used interchangeably with “Renewal Term”, and the terms shall be interpreted to have the same effect and application, unless expressly stated otherwise.

1.21 “Security Incident” means an unauthorized third party gaining access to Client Data in MMI’s storage, possession, or care if it was accessed in unencrypted readable form and either (a) it creates a substantial risk of harm to Client or any individual(s) or (b) applicable law requires notification to individuals’ whos e personal information was accessed.

1.22 “Services” means, collectively, the provision of the eSOPH System in accordance with the Section

2.9 (Support Services) , related professional services, and any other services to be provided by MMI to Client pursuant to this Agreement.

1.23 “Service Credit” means a credit or refund issued pursuant to Section 2.14.2 (Uptime Guarantee; Remedies for Excessive Downtime) for failure to meet the Availability standards set forth in Section 2. 14 (Availability Standards).

1.24 “Setup Date” means the day of activation and setup of Client’s access to the eSOPH System, which will occur on the first day of training unless otherwise specified and agreed to in writing by the Parties. 48 of 507
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1.25 “Software” means the eSOPH System, related proprietary software owned by MMI, and any third- party software required to operate the eSOPH System, all in machine readable, object code form, together with all enhancements, modifications, corrections and amendments thereto.

1.26 “Software Fees” means fees paid for Entries, licensing fees for access to the eSOPH System, and any fees paid for maintenance and support allocable to a given calendar month. Such fees that are paid on an annual basis shall be pro -rated (e.g., fees paid for a Subscription Term shall be divi ded by 12 to determine the monthly amount) Software Fees allocable to a given month. Software Fees excludes fees paid for professional services (e.g., training, customization, set-up, or installation) and fees paid for corrective work outside the scope of the Support Services described in Section 2.9 (Support Services).

1.27 “Support Request” means a written request for resolution of a Defect submitted by Client to MMI.

1.28 “Support Services” means the support and maintenance services described in Section 2.9 (Support Services).

1.29 “Total Authorized Cost ” shall have the meaning given in Section 3.6 (Total Contract Cost Authorized).

2. eSOPH SYSTEM LICENSE AND SUPPORT SERVICES

2.1 License Grant. MMI, by this Subscription, hereby grants to Client a revocable, limited license to access and use the eSOPH System commencing on the Setup Date and for the remainder of the Subscription Term in accordance with the terms and conditions of this Agreement. MMI will provide the eSOPH System to Client in accordance with the Quote for the then-current Subscription Term and terms of this Agreement (or any applicable successor Agreement).

2.2 Authorized User Designation . Client shall designate all current Administrative Users of the eSOPH System in accordance with Section 2.6 (Administrative Users). A current Administrative User may grant System access to additional Authorized Users. Client shall ensure its Authorized Users’ compliance with the terms of this Agreement, and Client assumes and accepts all responsibility and all liability for each of Client’s Authorized Users, and any user whom the Client, or Client’s Authorized Users, grants eSOPH System access, including all their acts or omissions while accessing and using the eSOPH System and/or any information obtained through such access and use.

2.2.1 [Deleted]

2.2.2 [Deleted]

2.3 Set-Up and Use of the eSOPH System.

2.3.1 Upon execution of this Agreement by both parties and MMI’s receipt of a purchase order issued by Client in accordance with Section 3 (Fees and Payments) , MMI will commence work with Client to establish Client’s account on the eSOPH System and provide setup and training for Client’s access and use of the eSOPH System.

2.3.2 For each Applicant, an Authorized User (with appropriate permission levels set in the eSOPH System), must create an entry method into the eSOPH System for the Applicant. One method is by entering the Applicant's legal name and other identifying information into the eSOPH System. This is considered an "Entry." An Authorized User, may then grant access to the eSOPH System to the Applicant, who may use it to submit information to assist Client in executing its background investigation of such Applicant. The second entry method is for an Authorized User to create an access code within the eSOPH System. The access code, if given out to Applicants, will allow those Applicants with the access code to access the system with no further data entry by any Authorized U ser. The Applicant(s) then has/have access to the eSOPH System to submit information to assist Client in executing its background investigation of such Applicant(s). Each Applicant who accesses the system via the access code option will also be considered an “Entry”. Any Authorized Users may access and use the eSOPH System for the purpose of adding information, and accessing and reviewing information submitted by 49 of 507
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Applicant(s). Any Authorized User, including Applicants, must be capable of entering into lega lly binding agreements.

2.3.3 If Client intends to allow Authorized Users who are legal minors to access and use the eSOPH System, Client will, at Client’s sole expense and risk, provide a legally sufficient release agreement to be executed by the minor’s legal guardian(s), prior to the minor’s access to the eSOPH Sys tem. The release must include language legally sufficient to hold MMI harmless and release MMI of all liability. Client agrees it shall be solely liable for such use, and will retain all executed release agreements, and will provide MMI a fully legible copy of the requested release agreement(s), if so requested by MMI, within five calendar days of MMI’s request.

Client is solely responsible for researching and complying with all laws regarding a minor’s access to and use of the eSOPH System.

2.4 Restrictions on Use.

2.4.1 Except as expressly permitted below, Client (including its Authorized Users) is strictly forbidden from entering at any time fictitious data (e.g., names, social security numbers, addresses, phone numbers or other data) into the eSOPH System for “testing,” “training,” or any other purpose. MMI reserves the right to invoice Client at MMI’s then-standard hourly rate, for the removal of any fictitious data entered by any Authorized User. MMI will provide to Client a “fake” applicant name and the other information necessary to conduct training and testing with its Authorized Users, at Client’s request. MMI will remove the “fake” applicant from the eSOPH System, after requested by Client, at completion of Client’s testing or training.

2.4.2 Client may use the eSOPH System only to aid in pre -employment background investigations for those Applicants who have applied for employment or a volunteer positio n within the Client’s specific government agency (e.g., state government, township, county, city, and village). Client may not use the eSOPH System on behalf of other government agencies or entities. MMI reserves the right to invoice Client all fees equivalent to if the other entity were a direct Client of MMI. Client agrees to pay the fees in accordance with Section 3 (Fees and Payments).

2.5 Acknowledgment of Ownership and Limited License Rights . As between MMI and Client, MMI is the sole and exclusive owner of the eSOPH System (including all updates), Documentation, and all Intellectual Property Rights associated therewith. The eSOPH System is licensed not sold, to Client. Client shall have only the rights specifically granted by MMI under this Agreement. No additional rights are granted or may be inferred. Client shall not: (i) make any modifications to any portion of the eSOPH System to which it is not intended to have access, via the user interface; (ii) attempt to reverse engineer, disassemble, reverse translate, decompile, decode or copy any portion of the eSOPH System; (iii) remove any patent, trademark, service mark or copyright notices which MMI places on the eSOPH System; or (iv) take any other actions inconsistent with the limited rights granted by this Agreement.

2.5.1 Client shall immediately notify MMI of any activity to which it becomes aware which may constitute infringement or attempted infringement of MMI’s rights in and to the eSOPH System, including violations of intellectual property law(s). Cli ent shall provide MMI with all reasonable assistance necessary or desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records and information regarding the party suspected of infringement.

2.6 Administrative Users. Client shall designate one person as their Primary Administrative User on Exhibit A, which is hereby incorporated into this Agreement. Client may designate additional Administrative Users authorized to contact MMI for Support Requests pursuant to Sections 2.9 (Support Services) and 2.10 (Support Request Requirements). As described within this Agreement , the person(s) listed in the Exhibit A are the only representatives of Client authorized to contact and submit support requests to MMI, and they are responsible for troubleshooting all Authorized User and Applicant issues prior to submitting support requests to MMI. Client is responsible for maintaining a current list of the Administrative User(s) with MMI, and must notify MMI within 48 hours of any change in a n Administrative User by providing MMI an updated Exhibit A listing all of Client’s 50 of 507
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Administrative Users. Client shall be responsible for training replacements for any of Client’s Administrative Users.

If Client requests MMI provide replacement training, such training shall be provided at MMI’s then-standard rates for training. Client shall pay MMI’s then standard hourly rate for support and assistance provided to Administrative Users necessitated from Client’s failure to designate a properly trained person as an Administrative User.

2.7 System Updates. The eSOPH System may be updated on an as -needed basis by MMI or MMI contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and some hardware from time to time to permit ongoing compatibility with the eSOPH System.

2.8 Sample Forms. The scope, content, format and other details of information and materials requested from Applicants through eSOPH as well as the fo rms and fields used to collect such information are within the exclusive control of Client and its Authorized Users. Any default or sample forms or fields provided or pre-loaded on the eSOPH System (“ Sample Forms”) are provided by MMI “as is” with no warranty of any kind, express or implied. If Client uses such Sample Forms, Client does so at Client’s own risk, and Client is solely responsible for evaluating such Sample Forms’ suitability for Client’s purposes and making any necessary or appropriate changes, including without limitation changes required for compliance with laws and regulations that apply to Client.

2.9 Support Services. MMI shall provide the following services (the “Support Services”) with respect to the eSOPH System:

2.9.1 MMI will use its commercially reasonable efforts to: (i) maintain the eSOPH System so that it operates without Defects; (ii) host and make the eSOPH System Available at all times excluding Scheduled Downtime; and (iii) cure or minimize the adverse impact of any Defect as soon as is reasonably practicable after such Defect is reported in accordance with this Section 2.9 (Support Services).

2.9.2 Subject to Client’s maintaining suitable environmen ts and systems that are compatible, MMI shall provide, install, and implement, as they become available, any bug fixes of the eSOPH System that are provided by MMI free of additional charge to all licensees of the eSOPH System.

2.9.3 Excluded Services . The Supp ort Services do not include any of the following: (a) configuration of other applications required to access eSOPH System, including, but not limited to Client’s internet service, operating systems, firewalls, or networking components; (b) Client’s ongoing training needs; (c) any version upgrades of Client’s 3rd party software used in connection with the eSOPH System; (d) enhancements, modifications, or customization to the eSOPH System performed at the Client’s request and not intended to resolve a Defect; (e) any version or release of the eSOPH System that MMI may issue as a separate edition, including an alternative or premium version of eSOPH System for which additional fees may be required to access; or (f) resolution of Defects caused by any of the events described in Section 2.13 (Exclusions), below.

2.9.4 MMI Support Hours. MMI will provide support as outlined in this Agreement 365 days a year, 24 hours a day.

2.10 Support Request Requirements. Client must comply with all of the following requirements as a condition to receiving Support Services:

2.10.1 Attempted Resolution by Administrative User(s). Client’s Administrative User(s) shall act as the first line of support to troubleshoot any Defects experienced by Applicants and Authorized Users. Only when an Administrative User cannot resolve the Defect should a Support Request be submitted to MMI. If a Defect is reported to MMI that an Administrative User, based on the initial training provided by MMI concurrent with setup of Client ’s account to access the eSOPH Platform, should have been able to resolve without MMI’s assistance, MMI may refer such Defect back to Client’s Administrate User(s) for resolution.

2.10.2 Submission by Administrative User(s). All Support Requests must be submitted by and through one of the Administrative Users on Client’s most current Designation Form (Exhibit A). MMI is not required to respond to or resolve any Support Request that is submitted by a person other than a current Administrative User.
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2.10.3 Information Re quired in Support Request. Each Support Request must include the following information, at a minimum (“Minimum Required Information”):
(a) Client’s reasonable, good faith classification of the priority (High, Medium, or Low) of the reported Defect in accordan ce with the priority levels and definitions contained in Section 2.12 (Resolution Targets and Priority Levels), below, with explanation; (b) Names of Applicants, References and Authorized Users involved with clear notation of their title;
(c) Date and time of each occurrence;
(d) Computer operating system used by party experiencing the defect; (e) Name of internet browser and version;
(f) Specific steps to allow MMI personnel to recreate the issue; (g) Exact wording of any error message received, URL or name of page it was received on, or a screen shot of the error;
(h) A description of all steps previously completed to resolve the defect; and (i) If MMI has permission to contact the party directly, if needed. Include contact information.

2.10.4 Additional Information. In addition to the Minimum Required Information listed above, Client shall promptly provide MMI with such other information, files, and records related to the Defect that MMI reasonably requests.

2.10.5 Access to Systems . Subject to Client’s applicable security requirements, Client shall provide MMI with access to and use of all systems and environments determined necessary by MMI to provide timely Support Services pursuant to these terms. If Client is unable to provide access, the Parties agree MMI may decline to fix the defect if a reasonable alternative is not available to MMI.

2.11 Response Times. MMI shall provide an initial response acknowledging each complete and validly submitted Support Request no later than 1 business day after it is received.

2.12 Resolution Targets and Priority Levels. MMI will prioritize resolution of Defects according to their severity, and not necessarily based on the order in which they were reported. Defects reported in Support Requests shall be classified using the priority levels and definitions set forth in the Table 2.12 (Priority Levels), below. Although Client is required to propose a priority level in its Support Requ est, MMI may reclassify the priority level of a Defect in its sole reasonable discretion, and such determination by MMI shall be final and controlling. MMI shall use its best commercially reasonable efforts to cure Defects within the target resolution times set forth in Table 2.12 (Priority Levels) , which periods of time shall commence when a Support Request containing all Minimum Required Information is submitted. MMI shall have no obligation to respond to or resolve a Support Request (other than notifying Client that the Support Request is incomplete) unless and until all Minimum Required Information is provided. “Priority Levels” are defined in the following Table 2.12 (Priority Level TABLE 2.12

PRIORITY LEVELS
Priority Description Target Resolution Time
High:

Complete
outage or
severe impact
to Client’s
A Defect is High priority if it (a) prohibits utilization of some or all functionality of the eSOPH System by all or most Authorized Users or Applicants; (b) has a serious
potential impact to Client’s business (e.g., an impacted 24 hours
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business
function
business function is halted completely); and (b) no
reasonably effective workaround is available.

Medium:

Partial outage
or a
workaround
available
A Defect is Medium priority if it has a moderate impact on Client’s business or it has a potentially serious impact but a reasonably effective workaround is available. For
example, a Defect would have Medium priority if it only a small group of Authorize Users or Applicants are affected, or an impacted business function is not halted completely but is merely inconvenienced, or the issue can otherwise be circumvented by a reasonably effective and available workaround (e.g., use of a different web browser), other work functions can be completed in the meantime.
3 Business Days
Low: Cosmetic
Issue, cosmetic
defect
A Defect is Low priority it is merely cosmetic or has a negligible impact to Client’s business functions, or other work functions can be completed in the meantime.
10 Business Days

2.13 Exclusions. MMI shall not be responsible for resolving and expressly disclaims liability and responsibility for lack of Availability or Defects to the extent caused by any of the following:

2.13.1 Client’s negligence, abuse, misapplication, misconfiguration, or misuse of eSOPH System, including use of the eSOPH System in violation of the Master Agreement or any written instructions provided by MMI to Client from time to time;

2.13.2 Use of eSOPH System with any hardware, operating system version or network environment that is not supported by MMI, or other problems resulting from defects in Client’s or a third party’s software or hardware; or

2.13.3 Problems with Client and/or its Authorized Users’ telecommunications systems, Client and/or its Authorized Users’ internet service provider, or the public internet to the extent affecting internet performance on a general basis (e.g., such as a regional outage), natural disasters, denial of service attacks, acts of terrorism, labor strikes, any other force majeure event, or any other event reasonably beyond MMI’s control.

2.14 Availability Standards

2.14.1 Scheduled Downtime . MMI shall strive to avoid and minimize disruptions to the availability and functioning of the eSOPH System. The eSOPH System may be unavailable for scheduled backup and system maintenance (“Scheduled Downtime”) during off-peak hours between the hours of 10:00 p.m. and 3:00 a.m., Pacific Standard Time (the “Maintenance Window”). On a limited and discretionary basis, MMI may adjust the Maintenance Window to occur between the hours of 7:00 p.m. and 3:00 a.m. Pacific Standard Time by providing Client with at least 24 hours’ notice posted on the log-in screen of the eSOPH System. MMI shall use its best commercially reasonable efforts to schedule all planned downtime during such Maintenance Window. If emergency maintenance must be performed on the eSOPH System which, in MMI’s sole discretion, cannot wait until the normal Maintenance Window, MMI will promptly notify Client of such lack of Availability (in advance, if possible) and undertake reasonable commercial efforts to minimize the impact and d uration of any such maintenance activity. Any such downtime for maintenance occurring outside the Maintenance Window shall not be deemed Scheduled Downtime for purposes of calculating the Availability percentage described in Section

2.14.3, below.

2.14.2 Uptime Guarantee; Remedies for Excessive Downtime . MMI shall provide Availability of the eSOPH System at least 99% of the time, excluding Scheduled Downtime and lack of Availability caused by the events described in Section s 2.13 and 2.14.3 . In the event the Availability of the eSOPH System falls below 99% in any calendar month, MMI will issue to Client a service credit (“ Service Credit”) in the form of 53 of 507
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additional Entries equal to the percentage of Entries purchased by Client for the calendar month (Entri es per current Subscription Term divided by the total months in the respective Subscription Term) set forth in the table below corresponding to the actual Availability of the Software. To receive Service Credits, Client must submit a written request to MMI within fifteen (15) days after the end of the calendar month in which the eSOPH System failed to achieve 99% Availability, or Client’s right to receive Service Credits with respect to such unavailability will be waived by Client. The remedies stated in this Section are Client’s sole and exclusive remedies and MMI’ sole and exclusive obligations for service interruption or lack of Availability.

2.14.3 Availability is measured by the following formula: x= (n - y) *100 / n where: “x” is the Availability percentage; “n” is the tot al number of hours in the given calendar month minus Scheduled Downtime; and “y” is the total number of downtime hours exclusive of Scheduled Downtime and downtime caused by the events set forth in Section 2.13 (Exclusions) in the given calendar month.

TABLE 2.14

DOWNTIME FEE CREDIT
Availability Percentage of Monthly Software Fees
Credited
> 99.0% 0%

95.0% - < 99% 3%

90.0% - < 95.0% 5%

80.0% - < 90.0% 10%

3. FEES AND PAYMENT

3.1 Subscription, Setup and Support Fees. Client will pay to MMI the amounts for the applicable Subscription Term or Renewal Term in accordance with this Section 3 (Fees and Payments) for the duration of the applicable Subscription Term or Renewal Term. All payments made to MMI by Client will be in USD.

3.1.1 Client Set -up. Upon receipt of this fully executed Agreement and Client’s purchase order, MMI will begin the set -up process of Client on the eSOPH System in accordance with the terms of the Agreement. If Client requests the setup date and time be changed from what was originally stated by Client, Client is responsible for reimbursing MMI for all costs MMI incurs in making the travel arrangement adjustments , if travel was necessary.
(a) Client is responsible for scheduling end user training wit h MMI within 45 calendar days from the date of admin setup and training. End user training must be completed within 60 calendar days from the date of admin setup and training. If Client fails to complete the end user training within the timeline stated, the admin setup and training will need to be redone. MMI will invoice client again for the admin setup and training. Client agrees to pay such invoice.

3.1.2 Subscription and Support. Client shall be invoiced annually for Support Fees as set forth in Table 3.2 (Subscription Term Fees and Credits).

3.1.3 Additional Training. After the initial training has been completed, additional training requested by Client will be billed to Client at a rate of $200.00 USD per hour. Additional onsite training will be billed at a minimum of 8 hours, plus t ravel and lodging expense accommodations which are reasonable under government agency standards and practices. Requests must be received by MMI in writing from an Administrative User listed on Exhibit A, or higher authority. MMI reserves the right to charge $200.00 USD per hour for all off- site/remote training, with a one-hour minimum.
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3.1.4 Corrective Services. MMI reserves the right to Invoice Client $200.00 USD per hour for any corrective services Client requests. Corrective Services are typically services needed by Client from MMI to correct a mistake made by Client’s Authorized Users, which cannot be corrected by Client through the User Interface. Requests must be received by MMI in writing from an Administrative User listed on the Exhibit A, or higher authority. A one-hour minimum will be charged for Corrective Services performed by MMI, which do not require travel. Corrective Services which requires MMI to travel will be billed at $200.00 USD per hour, with an eight (8) hour minimum charge, plus all costs and expenses.

3.1.5 Entries.
(a) Client will be invoiced for Entries, as listed in Table 3.2 (Subscription Term Fees and Credits) immediately following MMI adding the Entries to the Client’s account. Client may purchase additional Entries one time at the then -current rate during the active Subscription Term without incurring an administrative fee. Entries added thereafter during a given Subscription Term will automatically incur an additional twenty percent (20%) administrative fee in addition to the per-Entry fee. If the purchase is for 150 or more Entries, the administrative fee will be waived.
(b) Client may carry over Entries from a prior Subscription Year which were paid for but not used to the following Subs cription Year, but only when eligible. To be eligible, client may not have any outstanding past due invoices.
(c) Fixed-Price Entries. Client may elect to purchase an agreed number of Entries at an agreed fixed price for future Subscription Years as listed in Table 3.2 (Subscription Term Fees and Credits), below, in which case Client shall be obligated to pay the annual invoices for the agreed number of Entries (listed in Table 3.2) as they come due each Subscription Year, for the duration of the Subscription Term or any Renewal Term, as applicable.
(d) Non-Fixed-Price Entries. If Client does not elect to purchase an agreed number of Entries for future Subscription Years, then pricing of Entries will be subject to MMI’s then -standard rate for Entries.

3.1.6 Data Storage Overage. Data storage used in in excess of the “Storage Credit" listed in Table 3.2 (Subscription Term Fees and Credits), or in an accepted Quote, will be invoiced at the price listed on the most current Quote Client has accepted for the applicabl e Subscription Year. Invoicing intervals for Data Storage fees will be set at the discretion of MMI, but not more often than every three (3) months. Data storage is calculated by the space use d by Client on the main production system(s) only; space used f or backups is not invoiced. Due to time zone differences, data usage calculations may vary by up to three hours. Client may not carry over credit for Data Storage not used during a Subscription Year. Archive data storage us ed by Client (subject to availably) will be invoiced at the price listed on the most current Quote Client has accepted.

3.1.7 Fee for Administrative User(s). The fee paid for Support Services defined in Sections 2.9 through 2.14 shall obligate MMI only to provide support as defined to the Administrative User(s) in the current Exhibit A form and paid for by the Client . Fees for Support Services will be listed in a Quote accompanying a Quote for Entries for the Subscription Year.

3.1.8 Fee for Fax Service. A fee for the optional fax service shall be listed on a Quote provided to Client, when the fax service module has been requested by Client. Fax service shall not be enabled on Client’s account unless Client accepts the Quote through issuance of a purchase order received by MMI.

3.2 Invoices; Payment. Invoices shall be issued in accordance with the payment terms set forth in this Agreement. All pre-approved expenses and other charges, if applicable, will be listed on the invoice as a separate item. The Parties agree the terms and conditions of this Agreement will supersede any conflicting or additional terms set forth in any purchase order documents. Unless otherwise provided in this Agreement, Client will pay the undisputed amounts of any invoices within thirty (30) days of the invoice date. 55 of 507
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3.2.1 MMI shall provide a Quote for the next Subscription Year prior to the expiration of the current Subscription Year, based upon Client’s requested level of Support Services, Entries and Data Storage Credit. If Client has not agreed to purchase Entries and Services at a fixed price for the next Subscription Year, then the Quote will reflect the current Subscription Year levels unless otherwise directed by Client. MMI must receive a purchase order for the Quote for the next Subscription Year prior to the last day of the current Subscription Year.

TABLE 3.2

LICENSE TERM FEES AND CREDITS
(Used for Multiyear Agreements only. See Quote for Single Year Subscription Agreements.) Subscription
Year
Fee for Entries Fee for Support
Services
Fee for Setup Data Storage Credit (GB)

N/A

3.3 Disputes. Client will notify MMI of any disputed charges, in writing, within 15 days from the date of invoice. Any dispute must be reasonable given the terms of this Agreement. The written dispute will include the bases of the dispute and cite all term(s) of the A greement that validate Client’s bases for dispute. MMI and Client will attempt in good faith to resolve any dispute. If the Parties resolve the dispute, MMI will re -invoice for the agreed amount and payment will be due upon receipt of the invoice. If the Parties fail to resolve the dispute within thirty (30) days after the notice by Client, then MMI will consider all disputed amounts as immediately due and payable, and failure of Client to make payment shall be considered a “Failure to Pay” pursuant to Sections 3.4 and

3.5, below.

3.4 Taxes and exemptions . Client shall also pay or arrange exemption from any taxes, charges, or other fees imposed on its use of the eSOPH System (other than taxes on MMI’s income), including any applicable sales and/or use tax. If Client is a government agency and represents it is exempt from state or local sales or use tax, and it’s later determined Client is not exempt from such tax, Client is responsible for paying or reimbursing MMI for all outstanding sales or use tax, including any penalties and interest.

3.5 Failure to Pay . If Client fails to pay any undisputed sums when due, MMI may, in its sole discretion, place Client’s account in a Restricted Mode as follows: (a) if any undisputed amount on an invoice remains unpaid sixty (6 0) days after the date of the original invoice, MMI suspend Client’s ability to create new Entries (Client would still be able to access existing Entries/Applicants); (b) if any undisputed amount on an invoice remains unpaid ninety (90) days after the date of the original invoice, MMI may suspend or terminate any and all of Client’s access to the eSOPH System, including access by its Authorized Users and Applicants, in whole or in part, and cease to perform any and all of its obligations under this Agreement. These actions shall be in addition to, and not in lieu of, any other rights or remedies MMI may have at law or equity and are not a waiver of any such remedies.

3.6 [Deleted]

4. TERM, RENEWAL AND TERMINATION

4.1 Term. The term of this Agreement will commence as of the Effective Date and will continue through 12-months (a “Subscription Term”), and as renewed pursuant to Section 4.2 (Renewal), unless terminated by one or both Parties in accordance with this Agreement, o r terminated automatically by the terms of this Agreement. If no fixed Subscription Term is provided, then the Subscription Term and Renewal Terms shall be on a year-to-year basis, coextensive with the Subscription Year. 56 of 507
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4.2 Renewal. Except as written in Section 4.3, this Agreement shall automatically renew upon MMI’s receipt of Client’s purchase order for the next Subscription Year. The purchase order must be based on a valid, non- expired Quote from MMI, and received by MMI prior to the last day of the Subscription Year.

4.2.1 For fixed multi-year Subscription Terms, in the absence of a newly-executed multi-year agreement then receipt of a purchase order from Client for the next Subscription Year, received by MMI prior to the end of the final Subscription Year of the current multi-year Subscription Term, shall automatically renew this Agreement on a year -to-year basis upon the sam e terms of this Agreement and the Quote upon which Client’s purchase order is based.

4.2.2 For purposes of clarity, so long as Client continues to timely pay invoices for Data Storage fees and any Support Services requested by Client , this Agreement shall continue in effect, including Renewals, and Client shall retain access to the data from its existing Applicant Entries. The amount invoiced for data storage overage shall be consistent with the amount(s) listed in the Quote for the p rior Subscription Year, unless MMI gives Client sixty (60) days’ notice of a data storage price change. If Client does not pay the data storage fee(s) within fifty-nine (59) days from the date listed on the original invoice , MMI may terminate this Agreement and, at MMI’s sole discretion, permanently delete Client’s data and/or revoke Client’s access to the eSOPH System.

4.3 Termination.

4.3.1 If this Agreement is not renewed in accordance with Section 4.2, it shall automatically terminate upon expiration of the then-current Subscription Term.

4.3.2 Either Party may terminate this Agreement prior to expiration of a Subscription Term without cause upon sixty (60) days prior written notice to the other Party, provided that:
(a) If Client terminates this Agreement prior to expiration of the current Subscription Term or current Renewal Term without cause, all fees for the remainder of the respective Subscription Term or Renewal Term listed in Table 3.2 ( Subscription Term Fees and Credits) shall become due and payable . Client shall pay all such fees in addition to any balance already outstanding within thirty (30) days of receipt of invoice. (b) If MMI terminates this Agreement prior to expiration of the Subscription Term or Renewal Term without cause, MMI will issue Client a refund for up to 25% of the remaining Entries, minus any outstanding charges owed by Client. MMI does not issue refunds in greater amounts, or for other circumstances, due to the upfront expenses MMI sustains from continuous maintenance of the eSOPH System.

4.3.3 MMI may terminate this Agreement immediately for cause upon any breach by Client of Section 2.4 (Restrictions on Use), or Section 2.5 (Acknowledgement of Limited Rights); or if Client or any of its Authorized Users violates MMI’s Intellectual Property Rights.

4.3.4 Either Party may terminate this Agreement with cause upon thirty (30) days written notice to the other Party in the event the other Party: (a) becomes insolvent; (b) makes an assignment for the benefit of creditors; (c) files a voluntary bankruptcy petition; (d) acquiesces to any involuntary bankruptcy petition; (e) is adjudicated bankrupt; (f) ceases to do business; (g) or other reason amounting to any violation of law connected to the use of the eSOPH System.

4.3.5 Without limiting the Parties respective rights in Sections 4.3.3 and 4.3.4 above, either Party may terminate this Agreement with cause in the event that the other Party breaches this Agreement and the breaching Party does not cure such breach within thirty (30) days after receiving written notice of the breach and intent to terminate from the non -breaching Party. If either Party gives notice to the other for substantially the same breach t hree (3) times during a twelve (12) month period, the non -breaching Party may terminate this Agreement immediately with cause upon receipt of the third notice by the breaching Party.

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4.4 Effect of Termination. In the event of termination hereunder, except as set forth in Section 4.3.2(b) above in the event MMI terminates without cause, Client shall have no right to a refund upon termination. Upon termination, MMI will not issue any refunds to Client for payments made pursuant to Section 3 of this Agreement, unless the reason for termination is an independent, sole act of MMI and also without cause. Client shall be obligated to pay in full upon Termination all invoices which were not disputed prior to the Termination. Client may continue to access the information for previously entered Applicants in the eSOPH System for a period of thirty (30) calendar days.

4.5 Survival. Where the context, nature, or express terms of any provision indicates intent that it shall survive termination or expiration of this Agreement, then it shall survive the same, including without limitation Sections 1 (Definitions), 2.4 (Restrictions on Use) , 2.5 (Acknowledgement of Ownership and Limited License Rights), 3 (Fees and Payment), 4.3 (Termination), 5 (Data Access, Confidentiality and Security), 6 (Representations and Warranties), 7 (Limitation of Liability ; Mutual Indemnification ), 9 (Corrective Actions), 10 (Insurance), 11 (Notices) and 12 (General Terms and Conditions).

5. DATA ACCESS, CONFIDENTIALITY AND SECURITY

5.1 Authorized User Access Only. Client is responsible for all use of its Authorized Users acc ounts on the eSOPH System. Client shall ensure that its Authorized User(s) properly control and limit access to the eSOPH System to Client’s appropriate Authorized Users, and that Client’s Authorized Users properly protect their logins, passwords and all other login credentials to prevent unauthorized access and misuse of Client Data, Applicant Data and any other information that may be accessed through the eSOPH System. Client is responsible for its own policy regarding Authorized Users changing their pass words, minimum password complexity requirements beyond what is required by the eSOPH System, and which computer terminals may be used to access the eSOPH System by its Authorized Users, including any unattended devices or computers logged into the eSOPH Sy stem. Client shall ensure any previous Authorized User who no longer has a valid purpose to access the eSOPH System will have their eSOPH System login credentials disabled within the eSOPH System, without delay. Former Authorized Users who separate from their relationship with Client shall have their login credentials immediately disabled, without delay, by Client. Client will ensure that each Authorized User has unique login credentials; an Authorized User may not share or disclose its login credentials to any other person, even if such other person is also an Authorized User.

5.2 Two-Factor Authentication. Client acknowledges the eSOPH System offers optional two-factor authentication using Google Authenticator. This service is automatically available to those Clients who desire a two-factor frontend login process.

5.3 Client’s Sharing of Applicant Data. The eSOPH System allows Client to externally share Applicant data and other information about Applicants from the eSOPH System. If Client or its Authorized User(s) share Applicant Data or other information about an Applicant with a third party, Client must: (i) possess valid, signed authorization from each Applicant whose Applicant Data or information is to be shared, legally adequate to authorize Client to share such Applicant Data or information, (ii) refrain from violating any law, policy, term or rule by sharing, transmitting or otherwise disclosing such Applicant Data or information, and (iii) keep the Applicant Data and information secure and private in acco rdance with any and all applicable privacy laws, and other legal requirement(s) and obligation(s).

5.4 MMI’s Sharing of Basic Applicant Data. Client acknowledges and understands a valuable part of the eSOPH System is the ability for Client to see if an Appli cant has been entered into the eSOPH System by other MMI client(s). If Client enters an Applicant into the eSOPH System, the eSOPH System will disclose if any other MMI client has previously entered the same Applicant into the eSOPH System. “ Basic Applicant Data” information produced to other MMI clients is limited to: Agency/entity name, position applied for, entered date, and closed date. The eSOPH System will also display the point of contact for any other agency(s) who have previously entered the Applic ant into the eSOPH System. If Client purges their backgrounds from the eSOPH System, the Basic Applicant Data (as defined in this Section) will remain on the eSOPH System and be visible to other MMI clients. Further information regarding another agency’s entry of an Applicant, must be gained through that agency’s permission and their own internal process(es).
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5.5 Security Incident. In the event MMI learns of a Security Incident, MMI will make every effort to notify Client within 24 -hours of learning of the bre ach. Notification will be made to at least one of Client’s Administrative Users listed on Exhibit A via telephone and email. Notifications will only be made when an actual Security Incident has occurred; if the data is encrypted, by industry standards, no Security Incident is considered to have occurred and no notification will be made. At the request of Client, and with Client’s cooperation and assistance, MMI will work together with law enforcement and other personnel in connection with the unauthorized access into the eSOPH System. MMI takes the privacy and security of data seriously, and uses reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of all Client Data.

Clients are encouraged to review MMI’s eSOPH Security Overview, which is updated as needed by MMI from time to time and is available upon request.

5.6 Ownership of Client Data. Client owns all Client Data entered into the eSOPH System by its Authorized Users and its Applicants, inc luding Applicant Data entered in response to the Client’s request for information to process an Applicant’s background investigation.

5.7 Post-Termination Retention of Data. Without limiting Client’s rights to Client Data and Applicant Data hereunder, MMI may retain and store the following data during and after the term of this Agreement:

Applicant name, Applicant telephone number, Applicant mailing address, Applicant email address, Applicant year of birth, date the Applicant was entered into the eSOPH System, Applicant’s background investigation close date, position Applicant has applied for with Client, and the legal agreements (e.g., MMI’s Electronic Signature Agreement, Terms of Use and Privacy Policy) related to any Authorized User’s or Applicant’s use of the eSOPH System. MMI may retain such information and use it to comply with applicable law and the eSOPH System Terms of Use and Privacy Policy and for the purposes described in Section 5.4 (MMI’s Sharing of Basic Applicant Data).

Other than as stated in this Agreement, MMI will not use such information for other purpose.

5.8 Confidential Information. In performance of this Agreement, the Parties may di rectly or indirectly disclose to each other confidential information, proprietary information, or confidential data (“Confidential Information ”). “Confidential Information” shall include any data and/or information that is identified by either Party as confidential (either orally or in writing) or is of such a nature that a reasonable person would understand such information to be confidential, including, but not limited to, (a) trade secrets or confidential business information of either Party, including without limitation information about such Party’s technology, financial information, and plans; and (b) personal information of employees, Applicants, and Authorized Users, including but not limited to, images, names, addresses, Social Security numbers, e -mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records, educational records or other information identifiable to a specific individual that relates to any of these types of information (“Personally Identifiable Information” or “PII”).

5.9 Exclusions from Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information the receiving Party can prove by clear and convincing writt en contemporaneous evidence is: (1) publicly known through no fault or negligence of the receiving Party; (2) rightfully possessed by the receiving Party prior to disclosure by the disclosing Party; (3) rightfully obtained by the receiving Party from a third-party in lawful possession of such Confidential Information without obligation of confidentiality; (4) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information.

5.10 Restrictions on Use and Disclosure. Each party shall not use the other party’s Confidential Information for any purpose other than performance of its obligations and exercise of its rights under this Agreement.

Furthermore, each party shall not disclose the other party’s Conf idential Information to any third party except to such party’s employees, contractors, and other representatives who (a) have a bona fide need to know such Confidential Information for purposes of performing this Agreement, (b) have been informed of the co nfidential nature of such information, and (c) have agreed in writing or are otherwise legally bound not to use or further disclose such information except as permitted by this Agreement. 59 of 507
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5.11 Disclosure Required by Law. Notwithstanding the foregoing, Confidential Information may be disclosed by a receiving Party to the extent required to be disclosed by public disclosure law or a court order, subpoena, or similar legal requirement; or necessary to disclose to prevent severe physical injury to or loss of life of an individual; provided, however that the receiving Party shall notify the disclosing Party prior to such required disclosure promptly and sufficiently in advance to permit the receiving Party to contest or limit such required disclosure, including without limitation redaction of trade secret information prior disclosure.

5.12 Public Records Request. MMI acknowledges that, if Client is a public entity, it is at all times subject to state public records acts, as now existing or as amended. If Client is a public entity and receives a public records request for all or any portion of this Agreement, including any documents or materials provided to Client under this Agreement, generally such information may be deemed a public record and disclosure may be necessary to the public records requester.

5.13 Storage and Encryption. During the Term of this Agreement, MMI will store and maintain Client Data and Applicant Data for use and access by Client and its Authorized Users under the terms of this Agreement.

MMI will ensure industry standard data encryption methods are in place for storage of Client Data and Applicant Data. The encryption shall meet or exceed CJIS standards. All Client Data shall be stored within the United States.

5.14 CJIS Compliance; Background Checks. MMI will comply with Criminal Justice Information Systems (“CJIS”) rules and regulations as they may apply to Applicant and Client data. MMI shall ensure all employees and contractors of MMI granted access to Client Data satisfactorily complete a backgrou nd check and meet the requirements set forth by CJIS for access to Client Data.

5.15 Backups. For Client Data on the production system, MMI shall record snapshot copies of Client Data hourly during the Term and shall record full backup copies of Client Data once per week. Backup copies are stored on both MMI’s production server, to enable a quick restore if necessary, and remotely within Amazon Web Services GovCloud. Backup records that are older than one calendar week are automatically purged from MMI’s production system. At least three months of backup copies are stored remotely within AWS GovCloud. MMI uses proprietary software to monitor the automated tasks of Microsoft SQL. For Client Data the Client has sent to the archive storage solution: This data will be retained within the archive storage solution until such time client purges such data. Data sent to archive storage by the Client is not backed up to help control costs and offer a less expensive long-term storage solution for the Client.

5.16 [Deleted]

5.17 Acts or Omissions of Client. MMI shall have no responsibility or liability with respect to, and Client shall solely be responsible and liable for, any Security Incident and any loss, expense, damage, cost, or liability associated therewith, to t he extent caused by or resulting from any act or omission of Client or Client’s Authorized Users, employees, contractors (excluding MMI), or agents, including without limitation: (a) their loss of control of any device; (b) their failure to maintain the confidentiality of their log -in credentials; (c) their transmission of data via methods that are not secure; (d) any vulnerability in their environment, systems, hardware, software, or physical or administrative s ecurity safeguards or procedures; (e) their use of the eSOPH Platform in violation of this Agreement or any Documentation; (f) their failure to obtain adequate release(s), waiver(s), or legally or contractually required consent; (g) Client’s failure to mai ntain hardware and software that are compatible with any updated or security patches released and implemented by MMI; (h) Client’s declining to implement two-factor authentication as described in Sections 5.2 (Two-Factor Authentication).

6. REPRESENTATIONS AND WARRANTIES

6.1 Client represents and warrants that:

6.1.1 Client has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement;
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6.1.2 To Client’s knowledge, the Client Data does not and will not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third-party and is free of any lien, claim, security interest or encumbrance; and

6.1.3 Neither Client nor any of its employees has received, offered or provide d, nor will it receive, offer or provide, directly or indirectly, any gift, gratuity, favor, entertainment, loan or other thing of monetary value to any employee or agent of MMI as an inducement to do business with MMI. Client further warrants its Authorized Users have not, and will not engage in any collusion with any other potential supplier to secure this Agreement.

6.2 MMI represents and warrants that:

6.2.1 MMI has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement;

6.2.2 To MMI’s knowledge, the Software complies with all applicable national, state, and local laws and regulations and, to MMI’s knowledge, does not contain any material that infringes, violates, or misappropriates the Intellectual Property Rights of any third party, and (ii) to the extent the Software contains any materials subject to third party rights, MMI has obtained any and all necessary clearances, releases, approvals, licenses, or consents from third parties and made any and all required payments to third parties (including without limitation to unions or guilds) so that Client and its Authorized Users can exercise the rights and licenses authorized under this Agreement;

6.2.3 For the Term of this Agreement, the eSOPH System will operate subst antially in conformance with any written specifications contained in any Documentation and in this Agreement, including the Client Specific Terms of the Quote . MMI’s sole obligation to Client and Client’s sole remedy under this warranty is to correct the eSOPH System so it will perform within any represented specifications or refund the related license fee, whole or in part. This warranty is void if any unauthorized modifications are made to the eSOPH System or if the eSOPH System is not used in compliance with the terms of this Agreement; and

6.2.4 Except for the limited warranty provided in this Agreement, the eSOPH System and any other MMI products and services are provided “As Is” and MMI disclaims all warranties, express or implied, that may arise either by the Parties’ agreements or by operation of law, including without limitation any warranty of merchantability or fitness for a particular purpose. MMI does not warrant the operation of the eSOPH System shall be error or “bug” free or that the eSOPH System will meet the requirements or expectations of Client, its Authorized Users or Applicants.

7. ASSUMPTION OF RISK; LIMITATION OF LIABILITY

7.1 Assumption of Risk; Limitation of Liability. Each Party shall be solely liable for third party claims arising from any willful or negligent act or failures to act, or the errors or omissions, of the Party’s owners, officers, employees, agents or contractors. Excepting for the breach provisions of this Agreement, neither Party to this Agreement, nor any of such Parties’ respective Affiliates, trustees, directors, officers, employees, fellows or agents shall be responsible or liable to the other Party for any injury, loss, or damage of any kind, including but not limited to indirect, special, incidental consequential, punitive damages or lost profits, relating to design, development, specification, manufacture, production or use of the eSOPH software and services or any part thereof. The limitations on liability of the previous sentence shall apply even though a Party may have been advised of the possibility of such injury, loss or damage. This paragraph shall not apply to any obligations to maintain specific insurance requirements pursuant to any provision of this Agreement. Nothing in this Agreement shall be construed to limit any remedies available to the Parties in law or equity , including but not limited t o injunctive relief and/or the mutual indemnification obligations herein.

7.2 Mutual Indemnification. To the extent permitted by law, each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party (the “Indemnified Party”), including each of the Indemnified Party’s respective Affiliates, officers, directors, shareholders, employees, representatives, agents , 61 of 507
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successors and assigns (each an “Indemnified Person”), from and against all claims by any third party asserted in any cause of action, and including any damages, penalty, cost or expense (including reasonable attorneys' and witnesses' fees and costs) , to the extent such cause of action arises from (a) the Indemnifying Party’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by the Indemnifying Party of any of its representations, wa rranties, covenants or obligations under this Agreement; PROVIDED, however, such indemnity shall not extend to claims arising from any breach of this Agreement or willful or negligent act by the Indemnified Party or an Indemnified Person of the Indemnified Party, and provided that: (i) the Indemnified Person promptly notifies the Indemnifying Party of the claim in writing; and, (ii) the Indemnified Person and Indemnified Party provide the Indemnifying Party with the assistance, information and authority ne cessary to perform the Indemnifying Party’s obligations under this Section. The Indemnified Person shall be entitled to participate at its option and expense through counsel of its own selection, and may join in any legal actions related to any such claims , demands, losses, damages, costs, expenses and penalties. The Indemnifying Party shall not enter into any settlement which includes an admission of negligence or wrongdoing by any Indemnified Person, without the prior written consent of such Indemnified Person.

8. NOTIFICATION OF THIRD-PARTY ACTION OR CLAIM. Client shall notify MMI of any third party lawsuit, action, and proceeding or claim brought or threatened by a third party against Client or its employee, subcontractor, or other representative or ag ent based in part on Client’s or an Applicant’s use of the eSOPH System, including without limitation (a) claims regarding privacy, security, collection, use, processing, or disclosure of Client Data collected through or stored by the eSOPH System, (b) and claims where it is reasonably likely that MMI will be named as a party or witness.

9. CORRECTIVE ACTIONS. If all or any part of the Software is held, or MMI determines that it could be held, to infringe, wrongfully use or misappropriate any third-party intellectual property right, MMI at no cost to Client: (a) will procure for Client the right to continue using the eSOPH System in accordance with its rights under this Agreement; (b) replace the item with a substantially equivalent item that does not infringe, wrongfully use or misappropriate any third-party intellectual property rights; or (c) modify the item (without material loss of functionality) so that it no longer infringes, wrongfully uses or misappropriates any third -party intellectual property right. If MMI is unable to successfully accomplish any of the actions described above after using its commercially reasonable best efforts to accomplish each of them in a timely manner, then MMI will refund to Client a pro-rated amount of the license fees paid by Client hereunder in connection with the unused portion of its licensed rights to the eSOPH System under this Agreement. The remedies set forth in this Section 9 are Client’s sole and exclusive remedy and MMI’s sole obligation with respect to breach of the warranty contained in Section

6.2.2. 10. INSURANCE

10.1 Throughout the Term MMI, at its sole expense, will carry and maintain: (a) Commercial General Liability Insurance in the amount not less than $1,000,000 combined single limit per o ccurrence, $2,000,000 aggregate; (b) Professional Liability Insurance in the amount not less than $1,000,000 per claim and in the aggregate; and (c) “Cyber” Insurance in the amount not less than $1,000,000 combined single limit occurrence, $2,000,000 aggregate. MMI will request a Certificate of Insurance from the insurance agent or carrier listing Client as an Additional Insured, and provide the certificate to the Client.

10.2 Client represents it is self-insured or has appropriate insurance to fulfill and maintain its obligations and duties under this Agreement.

11. NOTICES. All notices and requests in connection with this Agreement will be deemed given as of the day they are received either by messenger, delivery service, or in the United States of America mails, postage prepaid, certified or registered, return receipt requested, and addressed to MMI or Client at the following addresses:

For Miller Mendel, Inc., copy of Notice(s) to: For Client, copy of Notice(s) to:
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Mr. Kurt Rylander Office of the Chief of Police
Rylander & Associates Wasco Police Department
406 W 12th St 746 8th St
Vancouver, WA 98660 Wasco, CA 93280

12. GENERAL TERMS AND CONDITIONS

12.1 Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, which such consent may not be unreasonably withheld. Subject to this Section 12.1, this Agreement will inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assigns of the respective Parties.

12.2 Compliance With Laws. Each Party will, at its expense, obtain all permits and licenses, pay all fees, and comply with all federal, state and local laws, ordinances, rules, regulations, codes and orders applicable to its performance under this Agreement.

12.3 Construction. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, then that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fai rly in accordance with its terms and without any strict construction in favor of or against either party.

12.4 Governing Law. This Agreement will be governed by, and construed in accordance with the laws of the state Client is located within, as applied to contracts performed therein but without reference to its choice of law rules, or the federal laws as applied to contracts performed with the United States government. This Agreement will not be governed by the United Nations Convention on Contracts for the Int ernational Sale of Goods, the application of which is expressly disclaimed.

12.5 Headings. The headings and sections in this Agreement and any exhibit, are for convenience and will not be construed to define or limit any of the terms or affect the meaning or in terpretation of this Agreement and any exhibit.

12.6 Independent Contractor. MMI and Client are independent contractors under this Agreement, and nothing in this Agreement may be construed to create a partnership, joint venture, franchise or agency or fiduciary relationship between them. Neither Party has any authority to enter into agreements or make any representations of any kind on behalf of the other Party.

12.7 Nonexclusive Agreement. It is expressly understood and agreed that this Agreement does not grant to Client any exclusive privileges or rights, and MMI may contract with other clients and customers.

12.8 Counterparts. This Agreement may be executed in one or more counterparts, each o f which will be deemed an original, but all of which together will constitute one and the same instrument. The parties agree that any facsimile copy, including those exchanged electronically as a .pdf, of a signed counterpart of this Agreement will be treated the same as a signed original of this Agreement.

12.9 Entire Agreement. This Agreement together with the Quotes and any exhibits attached hereto contains the entire agreement and understanding of the Parties with respect to the transactions and matters contemplated herein, supersedes all prior and contemporaneous agreements or negotiations between Client and MMI concerning the subject matter hereof, and cannot be amended except by a writing dated subsequent to this Agreement and signed by both Parties. To th e extent the terms and conditions of this Agreement conflict with the terms and conditions of an exhibit, the terms and conditions of this Agreement will control. Terms and/or conditions listed in purchase orders(s) from Client that are in conflict with or in addition to the terms of this Agreement are not accepted 63 of 507
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by MMI. No course of dealing or usage of trade may be invoked to modify the terms and conditions of this Agreement.

12.10 Copies Shall Be Considered Originals. Any complete, legible signed copy of this Agreement shall be considered an original.

12.11 Signing Authority. Client represents and warrants the person executing this Agreement is a duly authorized officer or representative of the Client, and has full authority to execute this Agreement, including any amendment thereto, for and on behalf of Client. Client understands that it is fully responsible to ensure the authority of its signatory under to this Agreement and is responsible for any actual or consequential damages incurred by MMI in the event of a breach of this Section by Client.

12.12 Cooperative Agreement. The provisions of this Agreement will be extended to other city, county or state governmental entities within the state the Client is located, at then -current pricing. Governmental entities wishing to use this Agreement (hereinafter referred to as the “Cooperative Entity”) will be responsible for obtaining a Quote specific to their entity, issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments in accordance with the Terms of this Agreement. To determine pricing for Cooperative Entities, MMI will use the then current pricing formula used for all Cooperative Entities within the state Client is located within. The Cooperative Entity wishing to use this Cooperative Agreement must execute with MMI a supplemental Agreement with at least one paragraph specifying they wish to use this Cooperative Agreement and agree to be bound by the terms of the Cooperative Agreement. The Agreement with the Cooperative Entity electing to use this Cooperative Agreement shall include language that MMI shall hold harmless and defend Client (as defined on the first paragraph of page 1 of this Agreement) from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Cooperative Agreement. Failure to include such language will be considered a material breach of this Agreement and grounds for immediate Agreement termination. Cooperative Entities are responsible for obtaining all certificates of insurance and bonds required. MMI is responsible for providing each Cooperative Entity a copy of this Agreement upon request by the cooperative entity. Client makes no guarantee of usage by other users of this Agreement. The extension of the terms of this Agreement to other entities pursuant to this clause shall be subject to MMI’s discretion as to whether MMI has capacity and ability to do so, including but not limited to personnel, management, equipment, technical and/or financial limitations.

12.13 Immigration Law Compliance. Under the provisions of A.R.S. §41-4401, the Contractor warrants to the Client that the Contractor and all its subcontractors will comply with all federa l immigration laws and regulations that relate to their employees and that the Contractor and all its subcontractors now comply with the E- Verify Program under A.R.S. §23-214(A).

13. Social Intelligence Corporation Services Option
Client Initials: _________: Section 13 terms are not applicable.

13.1 SIC Services. This Section 13 (Social Intelligence Corp. Services Option) describes optional services available to Client for additional cost. Client may subscribe to, and MMI agrees to provide, a service through the eSOPH System to deliver access to Social Intelligence Corp. (“ SIC”) internet and social media background screening and/or monitoring of Applicants to produce monitoring reports, screening reports, and social intelligence monitoring (collectively, “SIC Reports”) and other services as may be available from SIC through the eSOPH System (the “SIC Services”).

13.2 Fees and Payment. Fees and payments for the SIC Services are governed by the terms and conditions set by SIC pursuant to the SIC Agreement, the terms of which are hereby incorporated by reference into this Agreement upon Client’s execution of their signature below.

13.3 Protection of Applicant Data. Any information, materials, data or other content made available to MMI, including any SIC Reports, transmitted by an Applicant or by a Client about an Applicant to the eSOPH System that is used for the SIC Services is Applicant Data. Client agrees that Client shall be solely responsible for 64 of 507
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assuring the secure and confidential manner in which Client stores, delivers, and transmits SIC Services to its Authorized Users

13.4 Client Use of SIC Services. For each SIC Report requested, Client shall (i) identify the end-user of the SIC Report; (ii) certify the purpose for which the SIC Report will be used; and (iii) certify that the SIC Report will be used for no other purpose

13.5 Compliance with Laws. Client agrees that compliance with all federal, state, and local laws, rules, ordinances, and regulations (collectively, “Applicable Laws”) applicable to (i) Client’s access, collection, storage, transmission, receipt and use or obtaining of the SIC Reports or Applicant Data, (ii) the particular industry in which Client does business, and/or (iii) Client’s business operations or structure, is the sole responsibility of Client.

Without limiting the foregoing, Client agrees to comply with all applicable requirements of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (“FCRA”) and further agrees to the following:

13.5.1 Client certifies that it is a user of ‘consumer reports’ and will only use SIC Reports for “employment purposes” and no other (as those terms are defined in 15 U.S.C. § 1681(a)).

13.5.2 Client must co mply with all applicable procedures and requirements of the FCRA and applicable state law, including, but not limited to: (i) providing a proper disclosure, (ii) obtaining a written authorization, (iii) providing a certification to MMI that it will comply with the FCRA and will not use the SIC Reports in violation of any EEO law or regulation, and (iv) following the adverse action requirements set forth in the FCRA and applicable state laws. Client agrees to take all reasonable measures to enforce said requirements.

13.5.3 Client, and not MMI, is solely responsible for compliance under the FCRA.

13.5.4 To the extent permitted by law, Client agrees to defend, indemnify and hold MMI and SCI harmless from any and all claims or damages related to the SIC Reports or arising fr om adverse actions (as set forth in Section 7.2 herein) by Client against Applicant based on eSOPH’s SIC Services.

13.6 Notice and Consent. In using the SIC Services, Client shall comply with all applicable privacy and data security laws and the respective, th en-current privacy policies of MMI and SIC, as applicable. Without limiting the foregoing, Client certifies that:

13.6.1 Client will ensure that prior to procurement or to causing the procurement of an SIC Report for employment purposes: (i) a clear and conspicuous disclosure has been made in writing to Applicant in a document that consists solely of the disclosure that an SIC Report may be obtained for employment purposes; and (ii) Applicant has authorized in writing the procurement of the report by Client;

13.6.2 Client is solely responsible for retaining and will retain all executed Applicant authorization agreements. Client will provide MMI a fully legible copy of Applicant authorization agreements if so requested by MMI within five calendar days of MMI’s request; and

13.6.3 Client will provide any legally required notices or disclosures and will obtain legally adequate consent from all Applicants as required by Applicable Laws.

13.7 Employment Decisions Based on an SIC Report. Client certifies that, if required under the FCRA, before taking any adverse action based in whole or in part on the SIC Report generated by SIC Services for employment purposes, Client will provide to the Applicant about whom the report relates (i) a copy of the report, (ii) a description in writing of the rights of Applicant as prescribed under the FCRA; and (iii) a statement that information from the SIC Report and the SIC Services will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Client agrees it is solely responsible for any adverse actions taken against an Applicant and for Client’s compliance under the FCRA.

13.8 SIC Services Permitted Use. Client represents and warrants to MMI that it shall only access and use the SIC Services for Client’s own internal business and solely in the manner explicitly permitted in the Agreement. Client agrees that it shall not:
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13.8.1 change, modify, copy, add code to, create derivative works based on any aspect of, or otherwise alter the SIC Services in any manner;

13.8.2 reverse engineer; disassemble; decompile; in any way attempt to recreate, obtain, perceive or derive the source code of; or translate the SIC Services;

13.8.3 use, transform, modify, assess or adapt the SIC Services for use for any other purpose, including but not limited to assist in the development or functioning of any product or service that is competitive, in part or in whole, with any existing or reasonably anticipated product or service of SIC;

13.8.4 distribute, publish, transmit or disseminate in any f orm or by any means (including but not limited to via the internet) any part of the SIC Services or data;

13.8.5 allow any third party to access the SIC Services;

13.8.6 sell, sublicense, resell, lease, rent, time -share or otherwise transfer any of the SIC Services or data;

13.8.7 use the SIC Services or data to identify or solicit potential customers for its products or services;

13.8.8 use the SIC Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including mater ial harmful to children, or violate third -party privacy rights; and

13.8.9 gain or attempt to gain unauthorized access to; disrupt the integrity or performance of; or damage, disable, overburden or impair the operation of the SIC Services or the data contained therein.

13.9 Notification of Security Breach. In addition to the other data breach and/or safeguards provisions of this Agreement, in the event Client determines that physical or electronic safeguards have been breached or that any other unauthorized access to Applicant Data has occurred (in each case, a “Breach”) that directly affect provision of the SIC Services, Client shall notify MMI of the Breach within 24 hours of discovery. Such notice shall be in writing and shall include all information known by Client as of the date and time of notification.

13.10 SIC Intellectual Property Rights . Client acknowledges that SIC has expended substantial time, effort and funds to create and deliver the SIC Services. All SIC intellectual property not related to the eSOPH System is and will continue to be SIC’s exclusive property. Nothing contained in this Addendum shall be deemed to convey to Client or to any other party any ownership interest in or to intellectual property or data provided in connection with SIC and eSOPH’s SIC Services.

13.11 No Representations or Warranties . Without limiting the provisions of Section 6 of the Agreement, MMI makes no representations or warranties as to the value, accuracy, or suitability of the SIC Services.

Client agrees to be solely responsible for Client’s use of the SIC Services.

13.12 Termination. In addition to and without limiting Section 4.3 of the Agreement, MMI may terminate the optional SIC Services provided pursuant to this Section 13 at any time with or without cause or notice at MMI’s sole discretion without penalty. Termination of the SIC Services shall not constitute termination of the eSOPH MSSSA.

14. Experian Services Option
Client Initials: _________: Section 14 terms are applicable.

14.1 Experian Services . This Section 14 (Experian Services Option) describes optional services available to Client for additional cost. Client may subscribe to a service through the eSOPH System to deliver access to the Experian Information Solutions, Inc. (“Experian”) functionality to obtain consumer credit reports and investigative consumer reports (collectively, “Credit Reports”) about Applicants and other services as may be available from Experian through the eSOPH System (the “Experian Services”). 66 of 507
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14.2 Applicant Data. Data transmitted by an Applicant or by a Client about an Applicant to the eSOPH System that is used for the Experian Services is Applicant Data. For Applicant Data used for the Experian Services, the Parties agree to each, at minimum, meet the requirements set forth in 16 C.F.R. § 314.4, and take all necessary steps reasonably designed to (i) ensure the security and confidentiality of Experian Services and Applicant Data, (ii) protect against any anticipated threats or hazards to the security or integrity of the Experian Services and Applicant Data, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any Applicant.

14.3 Fair Credit Reporting Act. Client agrees that Client, not MMI, is solely responsible for compliance under the Fair Credit Reporting Act of 1996, as amended (15 US Code 1681) (“FCRA”). Client further acknowledges and agrees as follows:

14.3.1 Client agrees and understands that it must comply with the “FCRA Requirements” notice and Experian’s “Access Security Requirements.” Client agrees to take all reasonable measures to enforce said requirements.

14.3.2 Client acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau of Consumer Financial Protection (“Bureau”) under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each Credit Report us ed for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.

14.3.3 Client certifies it will request and use the Experian Services strictly in accordance with FCRA. Without limiting the foregoing, Client certifies that it will request and use the Experian Services solely in connection with (i) a single credit transaction with a consumer, or, if applicable, for another “permissible purpose” as defined by the FCRA; and (ii) transactions involving the consumer about whom such information is sought and will not request or use such Experian Services for purposes prohibited by law. Client further certifies that it will comply with all requirements of the FCRA applicable to it. If Applicant makes a timely request to Client, Client may share the contents of Applicant’s report with Applicant as long as Client does so without charge and only after authenticating Applicant’s identity.

14.3.4 Client agrees it is solely responsible for and subject to compliance under all federal, state and local laws, rules and regu lations applicable to Client’s access, collection, storage, transmission, receipt, and use of the Experian Services and data. Further, Client shall comply with the FCRA.

14.4 Notice and Consent. In using the Experian Services, Client shall comply with all applicable laws, including but not limited to FCRA and applicable privacy and data security laws. Without limiting the foregoing, Client certifies that:

14.4.1 Client will ensure that prior to procurement or to causing the procurement of a Credit Report for employment purposes: (i) a clear and conspicuous disclosure has been made in writing to Applicant in a document that consists solely of the disclosure that a Credit Report may be obtained for employment purposes; and (ii) Applicant has authorized in writing the procurement of the report by Client;

14.4.2 Client is solely responsible for retaining and will retain all executed Applicant authorization agreements. Client will provide MMI a fully legible copy of Applicant authorization agreements if so requested by MMI within five calendar days of MMI’s request; and

14.4.3 Client will provide any legally required notices or disclosures and will obtain legally adequate consent from all Applicants as required by applicable laws.

14.5 Death Master File. Client acknowledges that Experian Services may contain information from the Death Master File as issued by the Social Security Administration. Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, Client certifies that, consistent with its applicable FCRA or Gramm-Leach- Bliley Act use of Experian Services, Client’s use of deceased flags or other indicia within the Experian Services is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules, regulations or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1). Client further certifies 67 of 507
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that it will not take adverse action against any Applicant without further investigation to verify the information from the deceased flag or other indicia within the Experian Services.

14.6 Employment Decisions Based on Credit Report. Client certifies that, before taking any adverse action based in whole or in part on the Credit Report generated by Experian Services for employment purposes, Client will provide to the Applicant about whom the report relates (i) a copy of the report, (ii) a description in writing of the rights of Applicant as prescribed by the Bureau under the FCRA; and (iii) a statement that information from the Credit Report and the Experian Services will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Client agrees it is solely responsible for any adverse actions taken against an Applicant and for Client’s compliance under the Bureau and FCRA. In addition to any other indemnification provisions of this Agreement, Client agrees to defend and hold MMI harmless from all claims or damages arising from adverse actions by Client against Applicant arising from use of eSOPH’s Experian Services.

14.7 Experian Services Permitted Use. Client represents and warrants to MMI that it shall only access and use the Experian Services for Client’s own internal business and solely in the manner explicitly permitted in the Agreement. Client agrees that it shall not:

14.7.1 change, modify, copy, add code to, create derivative works based on any aspect of, or otherwise alter the Experian Services in any manner;

14.7.2 reverse engineer; disassemble; decompile; in any way attempt to recreate, obtain, perceive or derive the source code of; or translate the Experian Services;

14.7.3 use, transform, modify, assess or adapt the Experian Services for use for any other purpose, including but not limited to assist in the development or functioning of any product or service that is competitive, in part or in whole, with any existing or reasonably anticipated product or service of Experian;

14.7.4 distribute, publish, transmit or disseminate in any form or by any means (including but not limited to via the internet) any part of the Experian Services or data;

14.7.5 allow any third party to access the Experian Services;

14.7.6 sell, sublicense, resell, lease, rent, time -share or otherwise transfer any of the Experian Services or data;

14.7.7 use the Experian Services or data to identify or solicit potential customers for its products or services;

14.7.8 use the Experian Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or violate third -party privacy rights; and

14.7.9 gain or attempt to gain unauthorized access to; disrupt the integrity or performance of; or damage, disable, overburden or impair the operation of the Experian Services or the data contained therein.

14.8 Experian Services Use Restrictions. Client agrees that it will not, either directly or indirectly, itself or through any agent or third-party request, compile, store, maintain, resell or use the Experian Services (including any of the information contained in the Credit Report) to build its own credit reporting database. Client shall be solely responsible for assuring the secure and confidential manner in which it stores, delivers, and transmits Experian Services to its Authorized Users.

14.9 Notification of Security Breach. In addition to any other data breach and/or safeguards provisions of this Agreement, in the event Client determines that physical or electronic safeguards have been breached or that any other unauthorized access to Applicant Data has occurred (in each case, a “ Breach”) that di rectly affect provision of the Experian Services, Client shall notify MMI of the Breach within 24 hours of discovery. Such notice shall be in writing and shall include all information known by Client as of the date and time of notification. 68 of 507
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14.10 Experian Intell ectual Property Rights. Client acknowledges that Experian has expended substantial time, effort and funds to create and deliver the Credit Reports and compile its various databases. All data in Experian’s databases and any other intellectual property not related to the eSOPH System that are part of Experian are and will continue to be Experian’s exclusive property. Nothing contained in this Addendum shall be deemed to convey to Client or to any other party any ownership interest in or to intellectual proper ty or data provided in connection with Experian and eSOPH’s Experian Services.

14.11 No Representations or Warranties. Without limiting the provisions of Section 6 of the Agreement, MMI makes no representations or w arranties as to the value, accuracy, or suitability of the Experian Services. Client agrees to be solely responsible for Client’s use of the Experian Services.

14.12 Termination. In addition to and without limiting Section 4.3 of th is Agreement, MMI may terminate the Experian Services at any time with or without cause or notice at MMI’s sole discretion without penalty.

Termination of the Experian Services shall not constitute termination of the eSOPH MSSSA.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their respective duly authorized representatives.

For Miller Mendel, Inc. (“MMI”)

February 8, 2022
Tyler Miller, President & CEO Date

For Client: City of Wasco

Signature (Required) Date

Print name and title (Required)

Signature (Optional) Date

Print name and title (Optional)

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EXHIBIT A

ADMINISTRATIVE USERS

The Client hereby designates the following person(s) as Client’s Administrative Users. This listing is a complete listing of all Administrative Users, and completely replaces any prior completed Exhibit A.

Note: Client may give multiple people “admin” permission within the system, at Client’s control and discretion.

This form designates only those Administrative Users who may contact MMI for Support purposes.

PRIMARY ADMINISTRATIVE USER:

Name:

Title/Position:

Email:

Primary Phone:

Do not list more than one Primary Administrative User

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Charles V. Fivecoat, Chief of Police

DATE: February 21, 2023

SUBJECT: Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2022– 2023.

Recommendation:

Staff recommends the City Council:
1) to adopt a Resolution approving the Amended Salary Schedule for the Fiscal Year 2022/2023 and;

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:

This request is to adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2022– 2023.

As identified in the staff report from October 18
th, 2022 (attachment 1), it correctly
identified the new position of PD Records Administrator with compensation range as Range 37 . H owever, the attachment provided with that staff report contained an outdated Salary Schedule that identified the position as Police Services Technician and a Range of 36 . This Amendment corrects t he Salary Schedule and identifies the title of Police Records Administrator with a compensation Range of 37.

Fiscal Impact:

None at this time.

STAFF REPORT
City of Wasco

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Attachments:

1. October 18, 2022 Staff Report

2. Resolution

3. Salary Schedule

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: October 18, 2022

SUBJECT: Adopt a Resolution Approving Police Department Start -Up Position s and Pay Range, Amended Salary Schedule, CalPERS Safety Plan, and Budget Appropriations for the Fiscal Year 2022– 2023.

Recommendation:

Staff recommends adopting a Resolution Approving Police Department Start-up Positions and Pay Range, Amended Salary Schedule, CalPERS Safety Plan, and Budget Appropriations for the Fiscal Year 2022– 2023.

Discussion:

As directed by t he City Council , Staff is moving forward with research, planning , and actions leading to the establishment of a City of Wasco Police Department. As currently defined, the steps proposed are:

1) Establish a Start-up Team: Hiring a Chief of Police is a critical first step in this process.

Once in place, the Chief of Police and City Manager will proceed with hiring a Police Lieutenant and PD Records Administration position. This Start-up Team will focus on each of the complex steps necessary to successfully expedite the start - up of the Department. Estimated Duration: 2-3 Months.
2) Positions, Policy and Municipal Code, Approvals, and Budget: The Start-up Team will research, draft, and present for Council Approval a number of new PD staff positions, proposed Department Policies, and additions and modifications to the Wasco Muni Code. The Team will also secure all needed Federal, State, and regional approvals for the establishment of the Department, including PSAP 911/radio/dispatch. Finally, the Team will develop and present to Council an Operating Budget, Capital Budget, and anticipated funding sources , including General Fund/Measure X, the transition of t he current KCSO expenditures, and various grant opportunities. Estimated Duration: 2-3 Months. 3) Timeline, Recruitment, Equipment Acquisition, Build -out, and Transition: With an approved budget in place, a finalized timeline will be developed for the transition from KCSO Contract Police Services to the Wasco Police Department. This step will include the procurement of equipment and physical changes/additions to the office space currently occupied by KCSO. During this time, subject to recruitment

STAFF REPORT
City of Wasco

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and procureme nt results, a detailed transition plan will be developed in cooperation with KCSO. Estimated Duration: 6-12 Months. 4) Go-Live: Upon successful completion of all transition plan requirements, the Wasco Police Department will go live and assume law enforcement duties for the City.

Establishing the Start-up Team will require:

1) Approval of three new positions for Chief of Police, Police Lieutenant, and PD Records Administrator will be assigned to the Police Department. Each position will require an approved Pay Range.
2) The City of Wasco Salary Schedule will require an amendment to include these positions.
3) Wasco’s existing CalPERS “Safety” group must be validated and perhaps updated to a competitive contract formula, distinct from the other CalPERS contract(s). 4) Appropriation of sufficient funding to cover compensation, equipment, and expenses through early 2023 when the mid-year budget review and adjustments are completed. The Finance Director recommends the creation of a new Police Division within the General Fund for this appropriation.

The City Council approved the Salary Schedule for the 2022- 2023 Fiscal Year as outlined by the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1, which define compensation earnable for State, School, and Public Agency members. Section 570.5 of the California Code of Regulations (CCR) further clarified compensation earnable on July 6
th, 2022.

Staff recommends Council approval of the following additions to the Salary Schedule:

Position Category Compensation Range
Chief of Police Director-Annual Contract: $133,500 - $164,500 Police Lieutenant Director-Annual Contract: $94,053 - $120,038 PD Records Administrator Non-Exempt/Confidential Range 37: $51,549 - $65,792

The legacy CalPERS Safety contract for Wasco uses a 2% at 55 formula and a PEPRA New Members for Police at 2% at 57 . Staff recommends Council authorize the City Manager and Human Resources Manager to solicit additional plans to be presented for Council review and possible approval. The First Level – Police plan is not competitive with current plans at most other public safety departments, including formulas such as Safety Members — 3% at 55, Safety Members — 3% at 50, and Safety Members — 2.7% at 57.

The adopted FY 2022 -23 Operating and Capital budgets did not anticipate Police Department start-up activity and therefore do not contain funding appropriations. Start- up operations through June 30, 2023, are estimated as follows:

Personnel Fully burdened start-up staff, including all
benefits.
$ 330,169

Capital Expense Equipment, vehicles, software, premise
improvements, etc.
$ 232,500

Administrative Overhead Recruitment, background, policy development, and on-boarding.
$ 34,667
Total Appropriation $ 597,336

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The costs related to public safety expenditures are eligible for ARPA funding.

ARPA Fiscal Recovery Funds

From a policy perspective, the Fiscal Recovery Funds are intended to:
• Support urgent COVI D-19 response efforts to continue to decrease the spread of the virus and bring the pandemic under control;
• Replace lost revenue for the eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs; • Support immediate economic stabilization for households and businesses; • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic.

From an operational standpoint, funds may be used:
• To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; • To resp ond to workers performing essential work during the COVID -19 public health emergency by providing premium pay to eligible workers; • For the provision of government services to the extent of the reduction in revenue due to the COVID -19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; • To make necessary investments in water, sewer, or broadband infrastructure. • To make necessary investments in general government essential services.

To maintain transparency and continuity, staff recommends the creation of a Police Department division within the General Fund where revenues will be received , and expenditures will be charged. As such, ARPA funds will be transferred to the new Police Department division.

Staff recommends an appropriation of $600,000.00 from the current ARPA Fund balance to the new Police Department division in the General Fund.

Fiscal Impact:

This item proposes the creation and funding of a new Police Department division within the General Fund. Fiscal impact to the General Fund during this start -up period is offset by appropriating and transferring ARPA Fund into the General Fund in the amount of $600,000. Future Op erational and Capital funding will be presented for Council review during the FY 2022-23 mid-year review and FY 2023-24 budget process.

Attachments:

1. Resolution

2. Salary Schedule

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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDED SALARY SCHEDULE, FOR THE FISCAL YEAR 2022-2023

WHEREAS, the City Council wishes to establish a City of Wasco Police Department start- up team; and
WHEREAS, the Police Department Records Administrator salary was incorrectly identified as presented in the Salary Schedule approved in the October 18, 2022 regularly schedule council meeting; and
WHEREAS, in order to meet CalPERS requirements for publicly available pay schedules, the City Council must approve a salary schedule for all City positions (including elected and appointed positions), independent from the salary schedules included in the memorandum of understanding with employee groups or employment agreements; and WHEREAS, Title 2. §570.5 of the California Code of Regulations establishes certain requirements for a publicly available pay schedule, and the City of Wasco must comply with Government Code § 20636(B)(1) and Title 2, §570.5 of the California Code of Regulations; and

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco,

SECTION 1: Approving the amended salary schedule for the fiscal year 2022-2023 attached hereto as Exhibit “A”.

-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 21st, 2023, by the following vote:

COUNCIL MEMBERS:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________

VINCENT MARTINEZ
MAYOR of City the Wasco

Attest: _______________

__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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City Manager Contract
Deputy Public Works Director(s) Contract
Police Lieutenant Contract
Assistant City Manager Contract
Finance Director Contract
Community Development Director Contract
Public Works Director Contract
Chief of Police Contract
City Council Member 300$
City Clerk/Treasurer 60$

MID MANAGEMENT - EXEMPT PAY SCHEDULE - BIWEEKLY

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Senior Planner 6 $2,665.21 $2,798.46 $2,938.39 $3,085.30 $3,239.57 $3,401.53 $69,295.46 $88,439.78 33.3151 42.5191 City Project Manager 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Chief Building Official 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Human Resources Manager 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Sanitation Superintendent 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Accounting Manager 12 $3,091.52 $3,247.84 $3,412.44 $3,585.32 $3,766.57 $3,957.44 $80,379.52 $102,893.44 38.6440 49.4680 Administrative Manger 18 $3,584.40 $3,763.62 $3,951.79 $4,149.39 $4,356.85 $4,574.70 $93,194.40 $118,942.20 44.8050 57.1838 Non-Exempt Bi-Weekly Pay Schedule

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Utility Technician 23 1,403.21$ 1,473.37$ 1,547.04$ 1,624.39$ 1,705.62$ 1,790.90$ $36,483.46 $46,563.40 17.5401 22.3863 Animal Shelter Service Worker 23 1,403.21$ 1,473.37$ 1,547.04$ 1,624.39$ 1,705.62$ 1,790.90$ $36,483.46 $46,563.40 17.5401 22.3863 Animal Control Officer 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Facilities Maintenance Technician I 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Transit Bus Driver 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Mechanic I 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 Street Maintenance Technician I 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 Water Operator-In-Training 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 WWTP Operator-In-Training 27 1,548.87$ 1,626.32$ 1,707.63$ 1,793.00$ 1,882.65$ 1,976.80$ $40,270.69 $51,396.80 19.3609 24.7100 Street Sweeper Operator I 27 1,548.87$ 1,626.32$ 1,707.63$ 1,793.00$ 1,882.65$ 1,976.80$ $40,270.69 $51,396.80 19.3609 24.7100 Street Maintenance Technician II 28 1,587.60$ 1,666.98$ 1,750.32$ 1,837.85$ 1,929.74$ 2,026.22$ $41,277.60 $52,681.72 19.8450 25.3278 Billing and Collections Specialist I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Mechanic II 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Administrative Assistant I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Facilities Maintenance Technician II 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Sanitation Worker I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Wastewater Collections Specialist I 30 1,667.97$ 1,751.37$ 1,838.94$ 1,930.91$ 2,027.43$ 2,128.80$ $43,367.22 $55,348.80 20.8496 26.6100 Water Operator I 30 1,667.97$ 1,751.37$ 1,838.94$ 1,930.91$ 2,027.43$ 2,128.80$ $43,367.22 $55,348.80 20.8496 26.6100 Administrative Assistant II 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Wastewater Plant Operator I 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Sanitation Worker II 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Payroll/AP Specialist 32 1,752.41$ 1,840.03$ 1,932.03$ 2,028.64$ 2,130.07$ 2,236.57$ $45,562.66 $58,150.82 21.9051 27.9571 Executive Assistant I 33 1,796.22$ 1,886.03$ 1,980.33$ 2,079.35$ 2,183.32$ 2,292.48$ $46,701.72 $59,604.48 22.4528 28.6560 Billing and Collections Specialist II 34 1,841.13$ 1,933.18$ 2,029.84$ 2,131.33$ 2,237.90$ 2,349.79$ $47,869.38 $61,094.54 23.0141 29.3724 Water Operator II 34 1,841.13$ 1,933.18$ 2,029.84$ 2,131.33$ 2,237.90$ 2,349.79$ $47,869.38 $61,094.54 23.0141 29.3724 Wastewater Plant Operator II 36 1,934.33$ 2,031.04$ 2,132.59$ 2,239.22$ 2,351.18$ 2,468.73$ $50,292.58 $64,186.98 24.1791 30.8591 Human Resources Analyst I 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Police Records Administrator 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Sanitation Supervisor 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Streets Supervisor 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Staff Accountant 38 2,032.25$ 2,133.86$ 2,240.56$ 2,352.58$ 2,470.22$ 2,593.73$ $52,838.50 $67,436.98 25.4031 32.4216 Water Operator III 38 2,032.25$ 2,133.86$ 2,240.56$ 2,352.58$ 2,470.22$ 2,593.73$ $52,838.50 $67,436.98 25.4031 32.4216 Building Inspector I 40 2,135.13$ 2,241.89$ 2,353.96$ 2,471.68$ 2,595.26$ 2,725.03$ $55,513.38 $70,850.78 26.6891 34.0629 Code Compliance Officer I 40 2,135.13$ 2,241.89$ 2,353.96$ 2,471.68$ 2,595.26$ 2,725.03$ $55,513.38 $70,850.78 26.6891 34.0629 Assistant Planner 41 2,188.50$ 2,297.93$ 2,412.83$ 2,533.47$ 2,660.14$ 2,793.15$ $56,901.00 $72,621.90 27.3563 34.9144 Code Compliance Officer II 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 GIS Specialist 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 Wastewater Plant Operator III 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 Associate Planner 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Water Supervisor 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Wastewater Supervisor 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Information Technology & Marketing Specialist 46 2,476.12$ 2,599.91$ 2,729.92$ 2,866.42$ 3,009.73$ 3,160.23$ $64,379.12 $82,165.98 30.9515 39.5029

HOURLY RATE ANNUAL PAY

ANNUAL PAY HOURLY RATE

ELECTED OFFICIALS - MONTHLY

MINIMUM MAXIMUM
$180,250
$94,053.44
$104,573.69
$133,465.47 $162,347.25
$94,053.44 $120,038.66

CITY OF WASCO

POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2022 - 06/30/2023

DIRECTOR - ANNUAL
$104,573.69
$104,573.69
$94,053.44 $120,038.66
$120,038.66
$133,465.47
$133,465.47
$133,465.47
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: February 21, 2023

SUBJECT: Approval for Travel Expenses Exceeding $500.00 per participation for Mayor Martinez, Council Member Garcia, Council Member Medina , Council Member Reyna, Council Member Saldaña, and the City Manager to attend the League of California Cities City Leaders Summit on April 12 – April 14, 2023, in Sacramento California.

Recommendation:

Staff recommends the City Council:
1) Approval for Travel Expenses Exceeding $500.00 per participation for Mayor Martinez, Council Member Garcia, Council Member Medina, Council Member Reyna, Council Member Saldaña, and the City Manager to attend the League of California Cities City Leaders Summit on April 12 – April 14, 2023, in Sacramento California; and

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:

The League of California Cities City Leaders Summit is an event where city officials can influence p olicy in the Capitol and gain leadership skills and offers city officials the exceptional opportunities to meet with legislators to advocate for cities’ top priorities, as well as participate in peer -to-peer discussions and in -depth sessions covering topic s

STAFF REPORT
City of Wasco

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ranging from leadership issues facing cities. The preliminary conference schedule for the League of California Cities City Leaders Summit is attached.

The cost of the training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Resolution No. 2006 -2327, limiting expenses to $500.00 per trip.

As a result, the City Council must approve the travel request for of Mayor Martinez, Council Member Garcia, Council Member Medina, Council Member Reyna, Council Member Saldaña, and the City Manager as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

It is estimated the cost of the League of California Cities 2023 Annual Training Conference will not exceed $2,000 per attendee. This expense is covered in the Adopted FY 22/23 Budget. No budget action is needed with approval of this item.

Attachments:

1. Brochure

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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 1/27 City Leaders Summit
April 12-14, 2023
SAFE Credit Union Convention Center
1400 J Street, Sacramento, CA
Register (https://www.eventsquid.com/contestant-reg.cfm?event_id=19576) The City Leaders Summit is a unique advocacy and education event that allows city officials to influence state policy decisions and gain top-notch leadership skills. During the event, city leaders will spend a full day meeting with legislators to discuss the most pertinent issues affecting their cities and then attend two days of in-depth educational sessions to explore local solutions to statewide problems.

For questions, please contact Associate Manager, Event Program, Kayla
Boutros (mailto:[email protected]) .
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 2/27 Please see our event and meeting policies (/education-and-events/event-and- meeting-policies-26201#0) .

2023 Summit Information
Registration 
Capacity is limited, and registration is subject to sell out prior to the registration deadline. Register early!

Full Registration Includes:

admission to all educational sessions
admission to the Wednesday evening reception, Thursday breakfast and lunch, and Friday breakfast
access to all program materials

Register online by April 5 (requires credit card) – Register Here (https://www.eventsquid.com/register/19576)
Mail-in Registration (pay by check) - contact Megan Dunn (mailto:[email protected]) to request a registration form.

Special Needs? Contact Megan Dunn (mailto:[email protected]) .

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Member-City Officials and City Staff $625
Non-Member City Of
ficials and City Staff $1,625
All Others $825

One-Day Registration Fees
Member-City Officials and City Staff
Wednesday $150 Thursday and Friday $475

Non-Member City Officials and City Staff
Wednesday
$425
Thursday and Friday $1,325

All others
Guest Pass to Wednesday Reception
$50

*The guest/spouse fee is restricted to persons who are not city or public officials, are not related to any Cal Cities Partner or sponsor, and would have no professional reason to attend the conference. It includes admission to Wednesday’s networking reception only. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use city funds to register a guest/spouse.
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Refund Policy
Advance registrants unable to attend will receive a refund of rate paid, minus a $75 processing charge, only when a written request is submitted to Megan Dunn (mailto:[email protected]) , and received on or before April 5. Refunds will not be available after this date. If you are unable to attend, you may substitute a colleague for your entire registration.

Hotel and Travel 
A limited number of hotel rooms are available at a reduced rate for conference attendees. The discounted hotel rate cut-off is March 21, 2023. Hotels are subject to sell out prior to the deadline – reserve early!

STEP ONE:
(https://www.eventsquid.com/register/19576) Register for the Conference (https://www.eventsquid.com/register/19576)
STEP TWO: Book a hotel room
Once registration is complete, you will receive a confirmation e-mail directing you to the group housing reservations page.

Hyatt Regency Sacramento
1209 L Street Sacramento, CA
95814
(916) 443-1234

Group Hotel Rate (per night)
: $215 – Single/Double Occupancy (plus tax
and fees)

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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 5/27 Hotel Changes or Cancellations
Hotel reservation changes, date modifications, early check-out, or cancellations must be made directly through the hotel. Please note that after March 21, 2023 has passed, you may incur a financial penalty and minimum one-night room charge or attrition fees.

PLEASE NOTE: The information you provide to Cal Cities when registering for a Cal Cities conference or meeting may be shared with the conference or meeting hotel(s). The hotel(s) will also share with Cal Cities the information you provide to the hotel(s) when you make your hotel reservation for the conference or meeting. The information shared between Cal Cities and the hotel(s) will be limited to your first name, last name, email, and dates/length of stay in the hotel.

CAUTION! You must be registered for the conference prior to booking a hotel room. Do not make a hotel reservation unless you are sure it is needed. Your city/company will be financially responsible for all cancellation/attrition fees. If you are making hotel reservations for others, please confirm with each individual, in advance, that they actually need hotel accommodations and intend to use them on the dates you are reserving.

Parking and Transportation
Self-Parking:
$25.00 for overnight parking or $30.00 for day use.

Valet Parking (per day): $37.00 for overnight parking or $40.00 for day use.

Nearby airport: Sacramento International Airport (SMF): 11 miles (/docs/default-source/city-leaders-summit-session-materials/2022-city-leaders- summit-program-final.pdf?sfvrsn=8d29e331_12) (/docs/default-source/city-leaders- summit-session-materials/2022-city-leaders-summit-program-final.pdf? sfvrsn=8d29e331_12)
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Schedule at a Glance 
*Schedule subject to change
Wednesday, April 12

Registration Open
8:30 a.m.-5:30 p.m.

Opening General Session
10 a.m.-noon

Day one of the conference focuses on legislative advocacy. Join Cal Cities leadership and lobbyists for an update on high priority legislation that you will want to advocate on when you meet with legislative officers later in the day.

Lunch on
Your Own
Noon-2:00 p.m.

Educational Session

2:00-3:30 p.m.

Educational Session
3:45-5:00 p.m.

Reception
5:30-7:00 p.m.

Thursday, April 13

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7:00 a.m.-4:30 p.m.

Networking Breakfast
7:00-8:15 a.m.

General Session
8:30-10:00 a.m.

Concurrent Educational Sessions
10:15-11:30 a.m.

Networking Lunch
1 1:30 a.m.-12:30 p.m.

Concurrent Educational Sessions
12:45-2:00 p.m.

Concurrent Educational Sessions
2:15-3:30 p.m.

Concurrent Educational Sessions
3:45-5:00 p.m.

Friday, April 14

Registration Open
7:30 a.m.-3:00 p.m.

Networking Breakfast
7:45-8:45 a.m.
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Concurrent Educational Sessions
9:00-10:15 a.m.

Closing General Session
10:30 a.m.-noon

Adjourn
Noon
Explore Previous Summits 
2022 Summit Session Descriptions
Click to view the full summit PDF (/docs/default-source/city-leaders-summit- session-materials/2022-city-leaders-summit-program-final.pdf?sfvrsn=8d29e331_12) .

Wednesday, May 11 
Registration Open
8:30 a.m.–5:30 p.m.

Opening General Session
10:00–11:15 a.m.

Session Remarks:

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Ali Sajjad Taj, First Vice President, League of California Cities and Council Member
, Artesia
Carolyn Coleman, Executive Director and CEO, League of
California Cities
League of California Cities Speakers
Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs
Jason Rhine, Assistant Director, Legislative Affairs
Elisa Arcidiacono, Legislative Representative, Public Safety Caroline Cirrincione,
Legislative Representative, Community
Services
Damon Conklin, Legislative Representative, Transportation, Communications and Public Works
Derek Dolfie, Legislative Representative , Environmental Quality Johnnie Piñ a, Legislative Representative , Governance, Transparency, and Labor Relations
Nicolas Romo, Legislative Representative, Revenue and
Taxation
Cal Cities News Conference
11:30 a.m.-12:15 p.m.

City leaders will gather at the Capitol and urge lawmakers to draw on the state’s historic surplus for new housing programs, organic waste recycling, and unfunded mandates.
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12:15-2:00 p.m.

Cities' Role in Modernizing California’s Behavioral Health Continuum 2:00-3:30 p.m.

Listen to insight from legislative leaders on how cities can support counties in ensuring access to behavioral health services for all Californians. This discussion will focus on modernizing California’s behavioral health system to support unsheltered individuals in receiving housing, treatment, and care.

Moderator
Porsche Middleton, Mayor, Citrus Heights
Speakers
Karen Goh, Mayor, Bakersfield
Toby Ewing, Executive Director, Mental Health Services
Oversight and Accountability Commission
Thomas Umberg, Senator, 34th District
Planning for the Communities of Tomorrow: The Intersection of Land Use and State Climate Goals
3:45-5:00 p.m.

Join us for a discussion on the future of land-use planning and meeting our state climate goals in California cities. Listen to insight from state legislators and councils of governments on how they think cities can balance the need for more housing, while also reducing greenhouse gas emissions.
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Cheryl Viegas Walker, Immediate Past President, League of California Cities and Council Member, El Centro
Speaker
Dave Cortese, Senator, 15th District
Laura Friedman, Assembly Member, 43 District
Kacey Lizon, Deputy Executive Director for Planning and Programs, Sacramento Area Council of Governments
Legislative Reception sponsored by League Partners
5:30-7:00 p.m.

After a full day of lobbying and education, relax and enjoy some light hors d'oeuvers and refreshments while networking with your colleagues.

Thursday, May 12 
Registration Open
7:30 a.m.-4:30 p.m.

Networking Breakfast
7:30-8:15 a.m.

General Session
8:30-10:00 a.m.

Critical Communication Skills for City Leaders
City leaders who strengthen their communication skills will positively impact their ability to inﬂuence public perception while retaining and rd
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Welcoming Remarks
Cindy Silva, President, League of California Cities and Mayor Pro Tem, Walnut Creek
John Minto, President, Mayors and Council Members
Department, League of California Cities and Mayor, Santee Keynote Speaker
Tracy Miller, CEO TM Consulting, Communications Coach,
Retired Senior Assistant District Attorney

Concurrent Educational Sessions
10:15-11:30 a.m.

How Cities Can Fix Dangerous Properties and Increase Revenue Almost every city has abandoned, fire-damaged, or otherwise dilapidated properties. However, a solution for these longstanding dilapidated properties exists under California Health and Safety Code (HSC) §§ 17980.6 and 17980.7. This presentation will explain how cities can utilize the receivership remedy to abate dangerous properties and simultaneously generate revenue.

Speakers
Ryan Griffith, Attorney and Associate Receiver, Bay Area 91 of 507
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Amanda Pope, Senior Counsel and Director of City
Receiverships, Jones & Mayer
Finding Successors – Finding Future Leaders in your City Staff As cities struggle to retain employees, an even bigger challenge is attracting and retaining city managers and city attorneys that can provide stability and leadership to a city despite the political landscape.

Learn about the process of training city employees for the overall sake of the city management profession, as well as the development of a strong reputation and character of their city.

Moderator
Karen Pinkos, City Manager, El Cerrito
Speakers
Damien
Arrula, City Administrator, Placentia
Timothy Davis, Attorney, Burke, Williams & Sorensen, LLP Rhonda Shader, Mayor, Placentia
Networking Lunch
11:30 a.m.-12:30 p.m.

Concurrent Educational Sessions
12:45-2:00 p.m.

Emerging Issues and Cutting-Edge Solutions for Challenges Facing California Cities
California's economic landscape creates a need for well-planned growth, sustainability practices, and innovative service delivery methods to navigate challenges and embrace opportunities. For the past two years, the city of Merced has accomplished its annual work plan to 92 of 507
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Discussion items will include engaging productively with community organizers, balancing the need for free enterprise and affordable housing, and encouraging social cohesion.

Facilitators
Stephanie Dietz, City Manager, Merced
Matthew Serratto, Mayor, Merced
Lessons Learned in the Recovery After the Camp Fire
On Nov. 8, 2018, the Camp Fire destroyed most of the
Town of
Paradise. Three years later, the Town is in the process of rebuilding a more resilient community. The Town has hit many roadblocks, creating hurdles in the recovery process throughout this time. This presentation will cover the recovery process and lessons learned while looking to the future at the obstacles still affecting the Town's recovery.

Speakers
Steve Crowder
, Mayor, Paradise
Colette Curtis, Recovery and Economic Development Director, Paradise
Kevin Phillips, Town Manager, Paradise
Concurrent Educational Sessions
2:15-3:30 p.m.

Food for Thought: Ingredients for a V
ital Downtown in a Post
Covid Digital World
Downtown areas are at a crossroads, as consumer spending patterns 93 of 507
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Moderator
Blanca Pacheco, Second Vice President, Mayors and Council Members Department and Mayor
, Downey
Speaker
Larry Kosmont, Chairman and CEO, Kosmont Companies
Damien Arrula, City Administrator, Placentia
Foundations of an Equitable and Inclusive Community
Participants will be guided through a series of motivational concepts and exploration of how their personal values, and the values related to their work as public servants, lead to a vision for their cities as truly inclusive communities. This research-based and human-centered approach will leave participants inspired and equipped with the foundational elements for creating equity and inclusion within your cities. Learn how everyday behaviors and community interactions of mayors and councilmembers are tied to a true and clear vision of equity.

Community leaders will learn to create the human connection and mindfulness that will foster equitable outcomes for those we serve.

Speaker
Berké Brown, Partner, Fogbreak Justice
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3:45-5:00 p.m.

Intergenerational Collaboration and the Next Generation of City Leadership
In this session, participants will explore core values and motivations for entering public service all while learning how to leverage our different generational perspectives. Speakers will discuss how to confront complex local government challenges, and how crossing
multigenerational bridges can best serve communities.

Moderator
Tessa Rudnick, Council Member, El Cerrito
Speakers
Eli Hill, Council Member
, San Rafael
Devin Murphy, Mayor Pro Tem, Pinole
Rita Xavier, Mayor, San Pablo
Water Quality Solutions for your Community: The True Source Control Story
As local communities struggle to comply with stormwater permits, this session will focus on water quality
, stormwater challenges and
solutions, and how True Source Control may ultimately offer the most effective and economical approach to the elimination of many pollutants that impair local waterways.

Moderator
Derek Dolfie, Legislative Representative, Environmental Quality, League of California Cities
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Karen Cowan, Executive Director, California Stormwater Quality Association
Dorene D'Adamo, Vice Chair, State Water Resources Control Board
Vicki Kalkirtz, Senior Planner, San Diego
Friday, May 13 
Registration Open
7:45 a.m.-noon
Networking Breakfast
7:45-8:45 a.m.

Concurrent Educational Sessions
9:00-10:15 a.m.

Build It, They Will Come: Creating an Excellent Workplace Culture Some of the biggest challenges facing executives, include creating a culture that attracts the best employees while simultaneously retaining and rewarding them. The next generation of leaders view organizational culture as one of the most crucial factors in working for and staying with a company. In this presentation, participants will be inspired to recognize the powerful differentiator of organizational culture for local governments, the seven layers of culture, and how to influence positive change at each level with practical and tactical solutions to build thriving workplace cultures.

Speaker
Dr. Maria Church, CEO, Government Leadership Solutions
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For the last several years, the amount of housing legislation has increased, while the affordability gap continues to widen. Despite the flurry of new regulations, the trend of more expensive housing doesn’t seem to be slowing. Seemingly, a constant with the laws is an erosion of your ability to make decisions on new housing projects. You are frustrated, the public is frightened, and developers are often confused.

Despite appearances, all is not lost. There are still ways you can guide development and make sure what is built fits your community. This session will focus on practical solutions and methods of using your General Plan, zoning, and even CEQA to ensure that new
developments suit your community.

Moderator
Lori Ogorchock, Immediate Past President and Department Director
, Mayors and Council Members Department and Council
Member, Antioch
Speakers
Eric Nelson, Planning Commissioner, Dana Point
Mark T
eague, Managing Principal – Environmental Services,
Placeworks
Closing General Session
10:30 a.m.-noon
Stop Shoulding Yourself: Strategies for High Performers Are you too busy to take care of yourself? Too busy to be a mentor? Too busy to sleep? Too busy to be attending this session right now? Then this is exactly where you should be. This session is geared towards high performers leading busy, hectic lives, but who sense there’s something “more” they could be doing with their days. Leaning on the idea of 97 of 507
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Closing Remarks
Cindy Silva, President, League of California Cities and Mayor Pro Tem, Walnut Creek
Susannah Meyer, First Vice President, Mayors and Council Members Department, League of California Cities and Council Member, Brentwood

Keynote Speaker
Nicole Lance, CEO, Nicole Lance Coaching

Adjourn
Noon
*Schedule subject to change

2022 Summit Session Materials
Build It, They Will Come (/docs/default-source/city-leaders-summit-session- materials/build-it-they-will-come.pdf?sfvrsn=2e8cec2b_3) (/docs/default-source/city-leaders-summit-session-materials/cal-cities-leg- priorities.pdf?sfvrsn=d18983c4_6) Cal Cities Legislative Priorities 98 of 507
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 20/27 Briefing Materials (/docs/default-source/city-leaders-summit-session- materials/cal-cities-leg-priorities.pdf?sfvrsn=d18983c4_6) (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---handouts.pdf?sfvrsn=247db0a8_3) (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---handouts.pdf?sfvrsn=247db0a8_3) (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---handouts.pdf?sfvrsn=247db0a8_3) Critical Communication Skills for City Leaders - Handout (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---handouts.pdf?sfvrsn=247db0a8_3) (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---slides.pdf?sfvrsn=3b3f1d61_3) Critical Communication Skills for City Leaders - PowerPoint Slides (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---slides.pdf?sfvrsn=3b3f1d61_3) (/docs/default-source/city-leaders-summit-session-materials/critical- communication-skills-for-city-leaders---handouts.pdf?sfvrsn=247db0a8_3) Emerging Issues and Cutting-Edge Solutions for Challenges Facing California Cities (/docs/default-source/city-leaders-summit-session- materials/emerging-issues-and-cutting-edge-solutions-for-challenges-facing- california-cities.pdf?sfvrsn=9fedd349_3)
Finding Successors – Finding Future Leaders in your City Staff (/docs/default-source/city-leaders-summit-session-materials/finding-successors- finding-future-leaders-in-your-city-staff.pdf?sfvrsn=f1ee80a5_6) (/docs/default-source/city-leaders-summit-session-materials/foundations-of-an- equitable-and-inclusive-community.pdf?sfvrsn=1bab7ee6_3) Foundations of an Equitable and Inclusive Community (/docs/default-source/city-leaders- summit-session-materials/foundations-of-an-equitable-and-inclusive- community.pdf?sfvrsn=1bab7ee6_3)
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 21/27 (/docs/default-source/city-leaders-summit-session-materials/food-for-thought-- ingredients-for-a-vital-downtown-in-a-post-covid-digital-world.pdf? sfvrsn=73f4b398_3) Food for Thought- Ingredients for a Vital Downtown in a Post Covid Digital World (/docs/default-source/city-leaders-summit- session-materials/food-for-thought--ingredients-for-a-vital-downtown-in-a-post- covid-digital-world.pdf?sfvrsn=73f4b398_3)
How Cities Can Fix Dangerous Properties and Increase Revenue (/docs/default-source/city-leaders-summit-session-materials/how-cities-can-fix- dangerous-properties-and-increase-revenue.pdf?sfvrsn=a29055b2_3) (/docs/default-source/city-leaders-summit-session-materials/land-use-and- zoning-who-is-making-the-decisions.pdf?sfvrsn=1a91209c_3) Land Use and Zoning – Who Is Making the Decisions? (/docs/default-source/city- leaders-summit-session-materials/land-use-and-zoning-who-is-making-the- decisions.pdf?sfvrsn=1a91209c_3)
Lessons Learned in the Recovery After the Camp Fire (/docs/default- source/city-leaders-summit-session-materials/lessons-learned-in-the-recovery- after-the-camp-fire.pdf?sfvrsn=d6f3d8c8_3)
(/docs/default-source/city-leaders-summit-session-materials/stop-shoulding- yourself.pdf?sfvrsn=649b23cb_3) Stop Shoulding Yourself (/docs/default- source/city-leaders-summit-session-materials/stop-shoulding-yourself.pdf? sfvrsn=649b23cb_3)
(/docs/default-source/city-leaders-summit-session-materials/water-quality- solutions-for-your-community--the-true-source-control-story.pdf? sfvrsn=a19a0323_3) Water Quality Solutions for Your Community- The True Source Control Story (/docs/default-source/city-leaders-summit- session-materials/water-quality-solutions-for-your-community--the-true-source- control-story.pdf?sfvrsn=a19a0323_3)
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2/16/23, 4:33 PM City Leaders Summit | Cal Cities
https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 22/27 Speaker Center
In the Speaker Center, you can find resources for all speaker-related details including deadlines, audiovisual requests, presentation submission directions, panelist agreements, and key event contacts.

Agreements and Presentation Submissions 
Below are key presenter deadlines and a link to the Speakers Agreement.

Please read and complete the required fields to acknowledge your acceptance of the League of California Cities’ presenter guidelines. Providing your digital signature allows Cal Cities to move forward in planning and promoting your session, as well as publish your name and affiliation on our website and in marketing materials. Your contact information will remain strictly confidential.

Should you have any questions, please contact the
education department
(mailto:[email protected]) .

Important deadlines
March 14: Complete the (https://www.cacities.org/Education-Events/Planning- Commissioners-Academy/Speaker-Center/Speakers-Agreement) Speakers Agreement (https://www.cacities.org/CLSspeakersAgreement) and note any specific audiovisual requests. On the day of their presentation, speakers are provided a one-day complimentary registration (not including meals or special events), which needs to be completed via the form. If you would like to register for additional conference days or activities, please contact Megan Dunn
(mailto:[email protected]) .
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 23/27 By March 29: Submit your final presentation to Cal Cities via the (https://www.cacities.org/Education-Events/City-Leaders-Summit/Speaker- Center/Presentation-Submission) presentation submission page (https://www.cacities.org/Education-Events/City-Leaders-Summit/Speaker- Center/Presentation-Submission) .

April 21: Discounted hotel rate cut off. Once you
(https://www.eventsquid.com/register/19576%22%20/t%20%22_blank%22%20HYPERL INK%20%22https://www.eventsquid.com/register/19018%22%20/t%20%22_blank) register for the conference
(https://www.eventsquid.com/register/19576%22%20/t%20%22_blank%22%20HYPERL INK%20%22https://www.eventsquid.com/register/19018%22%20/t%20%22_blank) , you will be prompted to book a hotel room.

April 5: Deadline for advanced conference registration.

Now-April: To ensure each speaker is comfortable with their responsibilities during the presentation, please hold at least one conference call with all of the panelists in your session. The session planning chair, typically the person who submitted the proposal for the conference, is responsible for connecting with the other speakers to hold a session planning call.
(https://www.cacities.org/CLSspeakersAgreement) Speakers Agreement (https://www.cacities.org/CLSspeakersAgreement)
Presentation Submission (https://www.cacities.org/Education-Events/City- Leaders-Summit/Speaker-Center/Presentation-Submission)
Presentation Guidelines 
Our goal is to provide exceptional educational experiences, networking opportunities, and innovative tools that will make attendees and their cities more successful. Studies show that adults learn best when they are actively 102 of 507
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 24/27 involved in the process rather than passively listening or watching. Most attendees are knowledgeable about the subject, and therefore are interested in hearing what others know and what their experiences have been.

Accordingly, we urge you to plan your presentation with these suggestions in mind.

The most common complaints on session evaluations from prior seminars are:
"The presentation was a 'sales' pitch for a particular product or service." "I couldn't read the slides."
"One speaker took so much time that the others were not able to give their full presentations."
"I'd like more practical knowledge."
Please consider the following as you prepare for your presentation:

Relevant content for experienced audiences that stretches thinking and provides new approaches.

Content that is delivered in an engaging way and draws on the experience of the attendees.

Examples and case studies of real success (and successful failures).

Try to add stories, anecdotes, testimonials, or demonstrations that emphasize your point. We all remember a good story, and thus more easily the lesson with it.

Provide tools and information that the audience can implement.

If there are other speakers in your session, coordinate with them in advance to decide your speaking order and ensure that all presentations fit into the assigned time allotment. If you do not have the contact information for your co-presenters, please contact us at [email protected] (mailto:[email protected]) .

Selling from the podium creates conflict of interest problems. Cal Cities educational sessions should never be an advertisement. Therefore, presentations may not include any commercialism for specific products or consulting services.
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 25/27 Submitting Your Session Materials
Presentation materials are an important element of Cal Cities educational programs. Please submit your presentation
(https://www.cacities.org/Education-Events/City-Leaders-Summit/Speaker- Center/Presentation-Submission) in either a Microsoft-friendly format or as a .pdf file no later than Wednesday, March 29.

It is Cal Cities' goal to make a positive impact on the environment by integrating environmental considerations into all seminars. Some things to keep in mind are:

When naming your session materials, please use your session title. For example: "YourSessionTitle"
If your session group has created multiple presentations, please combine all presentations into one document before submitting to us, in the order the presenters are speaking.

Please contact the
education department (mailto:[email protected]) with any questions, concerns, or assistance needs you may have. (https://www.cacities.org/Education-Events/City-Leaders-Summit/Speaker- Center/Presentation-Submission)
Submit your presentation here (https://www.cacities.org/Education-Events/City- Leaders-Summit/Speaker-Center/Presentation-Submission) . (https://www.cacities.org/Education-Events/City-Leaders-Summit/Speaker- Center/Presentation-Submission)
Session Layout and Structure 
The League of California Cities encourages our presenters to use the most engaging educational platform possible when speaking at the City Leaders Summit. We recognize that each session has a unique format and 104 of 507
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https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 26/27 presentation style based on the preferences of the speaker(s) and content being presented, but the following three examples are provided as a general guideline in planning your session.

Panel Discussions: 75 minutes, with up to 3 speakers
Moderator (5 minutes)
Welcome
Frame session
Introduce speakers
Speaker(s) #1, #2 and #3 (20 minutes)
Summary of relevant experience
Learning objectives
Core session content
Summary of key points
Presider (10 minutes)
Facilitate Q&A
Final comments
Panel Discussions: 75 minutes, 1 speaker
Presider (5 minutes)
Welcome
Frame session
Introduce speaker
Speaker #1 (60 minutes)
Summary of relevant experience
Learning objectives
Core session content
Summary of key points
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2/16/23, 4:33 PM City Leaders Summit | Cal Cities
https://www.calcities.org/education-and-events/event/2023/04/12/default-calendar/city-leaders-summit 27/27 Presider (10 minutes)
Facilitate Q&A
Final comments
Speed Sessions: (20 minutes)
Speaker #1 (15 minutes)
Self-introduction
Frame session
Fun and engaging presentation
Final thoughts (5 minutes)
Facilitate Q&A
Final Comments
As a reminder, sessions may not include any product/service demonstrations or commercial presentations for specific products or consulting services.

Please contact the
education department (mailto:[email protected]) with any questions, concerns or assistance needs you may have. 1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: February 21, 2023

SUBJECT: Approval of Travel and Training Expenses Exceeding $500.00 for Executive Assistant I to attend the California Association for Coordinated Transportation (CALACT) Spring 2023 Conference on April 17 – 20, 202 3, in Olympic Valley, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of Travel and Training Expenses Exceeding $500.00 for Executive Assistant II to attend the California Association for Coordinated Transportation ( CALACT) Spring 2023 Conference on April 17 – 20, 2023, in Olympic Valley, California; and

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:

Administrative Manager/City Clerk Maria O. Martinez is requesting the Executive Assistant I, Monica Flores , to attend the California Association for Coordinated Transportation (CALACT) Spring 2023 on April 17 – 20, 2023, in Olympic Valley, California.

The CALACT represents transit agencies throughout California and beyond , providing support and advocacy to help agencies serve their riders more effectively. The

STAFF REPORT
City of Wasco

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conference consists of several sessions that focus on current trends, issues, and challenges.

The CALACT Conference would offer staff the opportunity to network with other professionals in the Transportation industry and provide opportunities to understand innovative methods to address various transportation issues.

The cost of the training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 -2327, limiting expenses to $500.00 per trip.

As a result, the City Council will need to approve the travel requested by Executive Assistant II as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

The estimated cost of the travel will not exceed $2,000. This expense is covered in the Adopted FY 22/23 Budget. No budget action is needed with approval of this item.

Attachments:

1. Conference Information

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2/17/23, 9:29 AM 2023 Spring Conference and Expo – CALACT https://calact.org/spring-conference-and-expo-2023/ 1/3 2023 Spring Conference and Expo
The 2023 CALACT Spring Conference & Expo will be held at the Resort at Squaw Creek located at 400 Squaw Creek Road in Olympic Valley (Lake Tahoe/Truckee) April 17-20th, 2023. Room rates start at $174+taxes and fees per night.

REGISTRATION
Vendor Prospectus
Exhibitor Kit
Conference Schedule
The Call for Proposals for the 2023 CALACT Spring Conference & Expo closed February 6, 2023. Proposers will be notied of session status in March 2023. We look forward to accepting proposals for the 2023 Autumn Conference & Expo in May 2023.

Transportation between the Reno-Tahoe International Airport and the Resort at Squaw Creek is available on the North Lake Tahoe Express Airport Shuttle. Use Contact Us Member Login
Password: 2023calact
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2/17/23, 9:29 AM 2023 Spring Conference and Expo – CALACT https://calact.org/spring-conference-and-expo-2023/ 2/3 code CALACT23 when booking.

Thank You To Our Sponsors
Transdev
National Express
MTM Transit
A-Z Bus Sales
Lightning eMotors
Creative Bus Sales
Paratransit Services

RATP DEV
RO Bus Sales
QʼStraint
Davey Coach Sales

ABOUT US
Our Work
Board
Staff
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2/17/23, 9:29 AM 2023 Spring Conference and Expo – CALACT https://calact.org/spring-conference-and-expo-2023/ 3/3 The California Association for Coordinated Transportation (CALACT) represents transit agencies throughout California and beyond, providing support and advocacy to help agencies serve their riders more effectively. © 2023 CALACT
Membership
History

ADVOCACY
Legislative Program
Federal Regulations

CONFERENCES
2023 Spring Conference and Expo
General Info

PROGRAMS
RTAP
CALACT/MBTA Purchasing Cooperative
Education and Training

RESOURCES
Webinars
CALACT Resource Library
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CALACT 2023 Spring Conference & Expo Agenda
Olympic Valley, CA
Monday, April 17th
12:00 PM – 5:00 PM Pre-Conference Workshops
12:00 PM – 5:00 PM Golf Outing – Tentative
1:00 PM – 3:00 PM RTAP Advisory Committee Meeting
3:00 PM – 5:00 PM Registration Open
Tuesday, April 18th
7:30 AM – 12:00 PM;
1:00 PM – 5:00 PM Registration Open
7:30 AM – 8:30 AM Breakfast
8:30 AM – 10:00 AM Welcome Session & Keynote Address
10:00 AM – 11:30 AM Breakout I
10:00 AM – 11:30 AM Breakout I
10:00 AM – 11:30 AM Breakout I
10:00 AM – 11:30 AM Breakout I
11:30 AM – 1:00 PM Annual Awards Luncheon
1:00 PM – 2:30 PM Breakout II
1:00 PM – 2:30 PM Breakout II
1:00 PM – 2:30 PM Breakout II
1:00 PM – 2:30 PM Breakout II
2:30 PM – 2:45 PM Break
2:45 PM – 4:15 PM Breakout III
2:45 PM – 4:15 PM Breakout III
2:45 PM – 4:15 PM Breakout III
2:45 PM – 4:15 PM Breakout III
3:00 PM – 6:00 PM Exhibitor Move-in
4:15 PM – 4:30 PM
Break
4:30 PM – 6:00 PM

Breakout IV
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2 4:30 PM – 6:00 PM
Breakout IV
4:30 PM – 6:00 PM
Breakout IV
4:30 PM – 6:00 PM
Breakout IV
6:00 PM – 7:30 PM Expo Reception
Wednesday, April 19th
7:30 AM – 12:00 PM;
2:00 PM – 5:00 PM Registration Open
7:30 AM – 8:30 AM Breakfast
8:00 AM – 9:30 AM Breakout V
8:00 AM – 9:30 AM Breakout V
8:00 AM – 9:30 AM Breakout V
8:00 AM – 9:30 AM Breakout V
9:30 AM – 11:00 AM Breakout VI
9:30 AM – 11:00 AM Breakout VI
9:30 AM – 11:00 AM Breakout VI
9:30 AM – 11:00 AM Breakout VI
11:00 AM – 2:30 PM Bus Show Displays Open
12:00 PM – 1:00 PM Bus Show Luncheon
2:30 PM – 5:30 PM Expo
6:30 PM – 10:30 PM Evening Event
Thursday, April 20th
8:30 AM – 10:00 AM Registration Open
8:30 AM – 9:30 AM Breakfast
9:30 AM – 11:30 AM Plenary: State & Federal Programs Update 11:30 AM Conference Concludes

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2/17/23, 9:30 AM CALACT | CALACT 2023 Spring Conference & EXPO Registration https://members.calact.org/spring-2023 1/1
CALACT 2023 Spring Conference & EXPO Registration
Do you have a CalACT.org account?
Please note: If your organization is a member of CalACT but you do not have a username or password, please contact CalACT at (916) 920-8018 for assistance before registering for this event to avoid paying non-member rates.

Through Mar. 3 After Mar. 3
Conference Pricing Member Non-
Member Member Non-
Member
Full Conference (per person) $585 $685 $635 $735
Daily Conference (per person/day) $290 $350 $315 $385
Guest Meals (per person, full conference) $480 $480 $480 $480 Guest Meals (per person/day) $225 $225 $225 $225
Evening Event (per person) $40 $40 $40 $40
Through Mar. 3 After Mar. 3
Exhibitor Pricing Member Non-
Member Member Non-
Member
Exhibitor Option 1 (includes conference
registration for one person, one booth, and
one $50 raffle)
$1840 $2440 $1840 $2440
Exhibitor Option 2 (includes one booth, one
vehicle space, one registration, and one $50
raffle)
$2750 $3350 $2750 $3350
Each additional vehicle space $1250 $1850 $1250 $1850
Yes, I have a username and password.

No, and I'm not a member.
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk

DATE: February 21, 2023

SUBJECT: Approval of Travel Expenses Exceeding $500.00 per trip for the City Clerk to attend the City Clerks of California Annual Conference on April 11 – 14, 2023, in Palm Springs, California.

Recommendation:

Staff recommends the City Council:
1) Approval of Travel Expenses Exceeding $500.00 per trip for the City Clerk to attend the City Clerks of California Annual Conference on April 11 – 14, 2023, in Palm Springs, California, and

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 resu lt 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 training will update the City Clerk on records management, boards and commissions, legislative changes from the pandemic, and redistricting. The training will expand Staff knowledge on a wide range of topics relevant to their roles within the city.

The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 - 2327, limiting expenses to $500.00 per trip. As a result, the City Council must approve the travel request as the expenses for the cost of this trip will exceed $500.00.

STAFF REPORT
City of Wasco

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Fiscal Impact:

It is estimated that the cost of th is training will not exceed $1500.00, including the conference and travel expenses. The training cost is contained in the adopted FY 2021- 2022 Budget; no budget action is required.

Attachments:

1. Training Information

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CCAC

BUILDING ON SUCCESS

PRELIMINARY AGENDA
Renaissance Palm Springs Hotel

SUBJECT TO CHANGE
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CCAC
PAGE 2
City Clerks Association of California presents the
2023 Annual Conference
Build Back Better - Building on Success
April 1 1-1 4, 2023
Renaissance Palm Springs Hotel
888 Tahquitz Canyon Way
Palm Springs, CA 92262

Conference Information
The City Clerks Association of California is pleased to present the 2023 Annual Conference. This conference is designed to educate clerks on the emerging trends in the industry; as well as provide networking opportunities among clerks and industry partners. 3 IIMC Points are Pending Approval for the Conference.

Registration Information
Members: $500
Non-Members: $625
Conference Add on options:
• Athenian Dialogue: $75 – This session will be capped at 30 attendees • Advanced Academy: $75 - This session will be capped at 30 attendees • All Conference Event and Oscars: $75 - This event will be capped at 100 attendees • Annual President’s Banquet and Award Ceremony Guest Ticket: $1 25 (The Banquet is included in each full conference registration) Attendees required to pay for social events separately can contact the CCAC office at [email protected] for assistance.

Cancellation Policy:

Cancellation more than 30 days before an event, a full refund minus a 25% administrative fee will be provided. Cancellation 1 5 days before an event, a 50% refund minus a 25% administrative fee will be provided. No refunds will be given for cancellations received within 1 4 days of an event or after the event.

Hotel Information:

Renaissance Palm Springs Hotel
888 Tahquitz Canyon Way
Palm Springs, CA 92262
Discounted Rate: $1 89
Deadline to Book: March 1 3, 2023
Click Here To Book
Additional Considerations:
• The registration fee includes a continental breakfast each day, lunch on Tuesday (Pre-Conference Attendees only), Wednesday and Thursday; and dinner on Thursday.
• Conference dress attire is casual. It is recommended that you have a jacket or sweater, as meeting rooms are kept at a cool temperature.
• Attendees requiring ADA accommodations should contact Elizabeth Cardwell ([email protected]) to ensure that appropriate arrangements are made prior to the event.

BUILDING ON SUCCESS
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PAGE 3
CCAC
Conference Agenda - Subject to Change
Tuesday, April 1 1 , 2023
8:00AM - 3:00PM Registration
9:00AM - 4:00PM Pre-Confer
ence Concurrent Sessions
Athenian Dialogue
“The Light We Carry: Overcoming in Uncertain Times” by Michelle Obama - Facilitated by Randi Johl-Olson, J.D., MMC (3 CMC/MMC points)

“There may be no tidy solutions or pithy answers to life’s big challenges, but Michelle Obama believes that we can all locate and lean on a set of tools to help us better navigate change and remain steady within flux. In The Light We Carry, she opens a frank and honest dialogue with readers, considering the questions many of us wrestle with: How do we build enduring and honest relationships? How can we discover strength and community inside our differences? What tools do we use to address feelings of self-doubt or helplessness? What do we do when it all starts to feel like too much?” - #1 New York Times and USA Today Bestseller The last few years have been full of challenges – personal and professional. Our communities have struggled from a health, financial and social perspective. Yet we’re still here and we’re still serving. The key now is to go beyond mere survival and resilience into a thriving state of mind. We have tools at our disposable to achieve success. We simply need to be intentional in implementation. This dialogue will help us achieve and sustain a thriving state of mind, both in our personal and professional lives, so that we can continue serving our communities well into the future despite the challenges that are sure to come.

Participants who complete a learning assessment are eligible to obtain points towards their CMC and MMC certification.

Advanced Academy
Registration Deadline for the Advanced Academy: March 1 7, 2023 Strengths-Based Leadership - Presented by Jim Uhl, Breaking the Chain (3 MMC points) All attendees must complete the online assessment no later than March 28th. Attendees will be provided with a link and code to access the assessment the week of March 20th.

You can’t afford to not know your strengths and the strengths of your team. The costs are far too high! Far too many teams are infected with employee disengagement and it costs billions of dollars. Even worse, and overtime, disengagement leaves everyone feeling frustrated, unfulfilled, unhealthy, depressed, and hopeless.

The single most important thing in your organization is the team. Teams are the place where:
• The real work in the organization gets done
• Strong relationships are built so work can get done
• The best ideas emerge so work can get done.

The proven pathway to high team performance and the antidote to employee disengagement is focusing on individual and team STRENGTHS.

Employees who play to their strengths are:
• Six times more likely to be engaged
• Have only a 1% chance of being disengaged
• Live an average of 10 years longer
• Make $1 2K more per year
• More fulfilled and satisfied in the workplace
During this course, Gallup Certified Strengths Coach, Jim Uhl, will show you the uniqueness of each of your 34 Clifton Strengths Talent Themes and provide you strategies toward:
• Aiming your strengths toward your personal and professional goals • Using your strengths to build a strong, healthy, and engaged team • Using your strengths to deliver a killer job interview 119 of 507
CCAC
PAGE 4
Wednesday, April 1 2, 2023
8:30AM -4:00PM Registration
8:30 - 9:30AM Continental Breakfast with the Exhibitor s!
9:30AM - 1 2:00PM President’
s Opening Remarks and Keynote “Stop Being Nice“- Jim Uhl, Breaking the Chain Consulting The single most important thing in any organization is the team. However, research indicates most teams are unhealthy and disengaged.

What’s the culprit causing this team unhealthiness? Being nice to one another.

This sounds controversial - even contradictory, but this presentation will cause you to rethink what it really means to be nice. Being nice can be the polite thing to do, but it also contributes to and tolerates many of our social and workplace miseries. We are needlessly suffering in our societies, our organizations, among our teams, and within our homes because we have muddied the waters of life with the incomplete lies of niceties. Nice erodes the very fabric of what makes us noble, honorable, transcendent, and true. This presentation will challenge and forever change how you think about interacting with one another, both as a leader and as a teammate 1 2:00 - 1:30PM
Annual Recognition Lunch
Recognition of New Certified Municipal Clerks and Master Municipal Clerks and Updates fr om IIMC Region IX State Presidents (Alaska,
Oregon & Washington)
1:30 - 3:1 5PM | Concurrent Breakouts
Finding the Leader in You - Presented by Camilla G. Pitman, MMC, Certified PLS “I’m not a leader; I’m just a clerk” is one of the first comments presenter Camilla Pitman heard while encouraging a municipal clerk to participate in her first Athenian Dialogue. As a facilitator with IIMC’s Athenian Leadership Society, Camilla will share the purpose of the IIMC program and will expound upon leadership concepts and principles recognized during dialogues she has facilitated that are relevant to municipal government positions. From Sully Sullenberger’s focus on continuing education to Truett Cathy’s desire to provide quality service to his customers and self-worth to his employees, Camilla will inspire participants to elevate their standards in leadership to a higher level.

How To Effectively Implement New Systems In Complex Organizations And Not Lose Your Mind (Like We Did) - Presented by Leslie Milton, Palo Alto City Clerk, Mahealani Ah Yun, Deputy City Clerk, Vinhloc Nguyen, Deputy City Clerk Change is inevitable, and often a difficult process. The way things “have always been,” is not how it is today. Now more than ever, new innovative technologies are needed and Clerk Teams are the key players to help our organizations understand that things will look different than they have in the past, and help bring them along through this process of change. During this session our team will share testimonial about our acquisition and implementation of a new agenda management system in an abundantly complex, highly political organization. We will exhibit techniques and strategies we learned to overcome a variety of challenges that may arise (and did) during the implementation of a new system such as how to balance project management, expectation management, change management, scale it appropriately, navigate political landmines, find project champions, and then when things don’t go accordingly to your well-developed plan, overcome barriers and setbacks. We will also offer our experience dedicating resources to our implementation and planning process to ensure our team achieved success at each stage of the transition and how we became a stronger team throughout the process. 3:1 5 - 3:30PM
Break with the Exhibitor
s!
3:30 - 5:00PM 2 1st Century Leader
ship: Preparing Yourself For the Next… - Presented by Bill Gallardo, Brea City Manager

and Jim Sadro, City of La Habr
a City Manager
Always be the most interesting person in the room. Now is the time to refocus on preparing yourself for the next step. When the opportunity comes, will you be ready? Leaders are working towards placing staff within their organization into opportunities for growth and development. The workplace is rapidly changing - flexible work schedules, organizational structures, work-life balance, collaborating roles, and changes in the workforce. Whatever your job title is, this opportunity brings out the best in you. This session will be a vital part of your success. Understand what leaders are looking for, develop your skills and experience, think strategically, and set yourself up with realistic goals and expectations. At the end of this session, you will have the tools to strengthen your foundation and be ready to celebrate your successes.
6:30 - 9:30PM
All Conference Event at Oscar
s – Enjoy an evening

full of comedy and a drag show!

Additional fee and registr
ation required
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PAGE 5
CCAC
Thursday, April 13, 2023
8:30AM - 4:00PM Registration
8:00 - 9:00AM Continental Breakfast with the Exhibitor s!
9:00 - 10:30AM Succession Planning for Future Success - Pr esented by Camilla G. Pitman, MMC, Certified PLS
THE SCENARIO: After 1 8 years, and with little notice, the City Clerk passes away during the night. All the experience and knowledge is gone, leaving behind a Deputy Clerk with only two months training and no written directives or communications to explain the duties and responsibilities of the office. And, there is a general municipal election 30 days from that date. What does the City do? This presentation serves as a professional testimony for presenter Camilla Pitman who actually experienced this scenario and lived to tell about it. Her personal experience will provide participants with encouraging information on the importance of creating a succession plan and steps in developing and implementing the plan. Camilla will also address concerns employees have when discussing the topic of “succession planning” and share how municipal clerks can make a difference serving as mentors while leading the Clerk’s Office towards a successful future.
10:30AM - 1 2:00PM
JEDI - Infusing a Justice, Equity, Div
ersity, Inclusion (JEDI) Lens into the fabric of city structure and culture - Presented by Gail W
atts, Tribesy Consulting
Engage in an experiential activity that utilizes a multi-faceted approach to understanding “community of impact.” Community of Impact, looks at the effect of experiences through a community lens, rather than individual perceptions. Participants will be guided in a process in order to engage in group activities where they can learn from themselves and one another. The experience will highlight ways in which our blind spots and ways of listening impact communities. Debriefing the activity will allow participants to understand how utilizing a JEDI lens (justice, equity, diversity, inclusion) would impact decision making and lead to different behaviors and outcomes. JEDI is composed of 4 discreet and different concepts that connect to form a lens; a way of viewing all aspects of local government. A JEDI Lens is an effective tool to understanding root causes of current outcomes, intentional and unintentional practices and behaviors that are impacted by the culture and structure of local governments. Ultimately, this session will allow participants to think differently about the impact city structures and employees have on communities.
1 2:00 - 1:30PM
Networking Lunch and Updates fr
om IIMC Region IX Directors and IIMC Immediate Past President 1:30-3:00PM | Concurrent Breakouts
Records: Build A Better Records Information Management (RIM) Program - Presented by Wendy McLain, MLIS; This session will outline steps for implementing or improving a RIM program in your organization. It will cover how get started with strategic planning, identifying stakeholders and team members, and establishing policies. Major program elements such as retention schedules, classification, storage, privacy, security, archiving, disposition, and legal holds will be explored. The session will conclude with suggestions for successful implementation, including training and compliance.

START: Strategic Planning, Identifying Stakeholders, Establishing A Team, Standards, Policies & Procedures KEEP: Retention Schedule Development
ACCESS: Classification, Storage, Privacy, Security
DISPOSE: Archive vs. Destroy, Holds
IMPLEMENT: Employee Training, Compliance Audits

Initiative, Referendum, and Recall - Presented by Holly Charlety, El Cerrito City Clerk, Bonnie Bush, Santa Cruz City Clerk, and Laura Aguilar Sierra Madre Deputy City Manager/City Clerk
Initiative Petitions, Referendums and Recalls are much more common than they used to be. Join these Clerk Professionals to discuss what every clerk needs to know about how to facilitate these processes from inception to conclusion. 3:00 - 3:30PM
Break with the Exhibitor
s!
3:30 - 5:00PM Leading a Passionate and Successful Team T hrough Communication - Jon Barilone, Principal, Tripepi Smith Creating a cohesive team can be challenging. However, with a strong culture and straightforward communication, leaders can guide their teams to become more motivated and productive. Tripepi Smith Principal Jon Barilone will share his insights on how to cultivate and sustain successful teams using the key factors of communication. 121 of 507
CCAC
PAGE 6
6:30-10:00PM Annual President’ s Banquet and Award Ceremony with Liv
e Auction
Join us for a dinner celebrating our community and the invaluable work of promoting the Municipal Clerk profession through education, support, and communication.

The awards celebration will honor the outstanding accomplishments of associations and industry professionals in the areas of:
• Municipal Clerk of the Year
• Assistant/Deputy Clerk of the Year
• Lifetime Achievement Award
• Innovative Program of the Year Award
• President’s Awards of Distinction
Friday, April 14, 2023
8:00 - 9:30AM Breakfast

9:30AM - 1
2:00PM See Change Clearly; Building Municipal Excellence - Presented by Jacob Gr
een, Author and Consultant
Best-selling author, experienced local government executive, and national leadership development expert Jacob Green will engage, inspire and energize attendees to navigate change, leverage adversity, and embrace municipal excellence.

BUILDING ON SUCCESS
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: February 21, 2023

SUBJECT: Approval of Travel Expenses Exceeding $500.00 for the City Manager to attend the ICSC Conference scheduled for May 21-23, 2023 in Las Vegas, Nevada.

Recommendation:

Staff recommends the City Council:
1) Approval of Travel Expenses Exceeding $500.00 for the City Manager to attend the ICSC Conference scheduled for May 21-23, 2023 in Las Vegas, Nevada, and

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:

The ICSC Conference provides network opportu nities with invaluable resources, connections, and industry insights and actively works together to shape public policy.

Membership also entitles enrolled staff to significant (currently 50%) discounts on the cost of regional ICSC conferences and marketing events.

The requested membership and travel, in conjunction with the City’s recent professional services contract with Retail Strategies, aim s to introduce the City of Wasco as a viable candidate for additional shops and retailers throughout the city.

STAFF REPORT
City of Wasco

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Fiscal Impact:

It is extimated the cost of the travel and training of the ICSC Conference will not exceed $2,000.00. The adopted FY 2022- 2023 Operating Budget contains sufficient funding to cover this expense, no budget action is required.

Attachments:

1. Conference information
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2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 1/7

ICSC LAS VEGAS
May 21-23, 2023
Las Vegas Convention Center
Las Vegas, Nevada, United States
ICSC LAS VEGAS is our premier event and takes place annually in May. It is a two- to three-day gathering of dealmakers and industry experts, who are driving innovation and evolution in the Marketplaces Industry.

Schedule At-a-Glance
(Times are subject to change)
Sunday, May 21 • Wynn
1:00 – 4:30 pm • Professional Development Workshops
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2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 2/7 4:45 – 6:00 pm • Keynote Speaker
6:00 – 8:00 pm • Opening Reception
7:00 – 8:30 pm • ICSC Global Awards Ceremony
Monday, May 22 • LVCC
8:00 am – 5:00 pm • Exhibit Hall Open
10:00 am – 4:30 pm • Sessions
Tuesday, May 23 • LVCC
8:00 am – 3:00 pm • Exhibit Hall Open
10:00 – 11:45 am • Sessions
Registration F ees*
Register at the Advance Rate (ends at 11:59 pm EST on February 20, 2023) Member  •  795
Non-Member •  1,800
Retailer Member  •  0
Student Member •  50
Standard Rate (ends at 11:59 pm EST on May 20, 2023)
Member  •  975
Non-Member •  1,800
Retailer Member  •  0
Student Member  •  50
On-site Rate (starts at 12:00 am EST on May 21, 2023)
Member
•  1,325
Non-Member •  1,800
Retailer Member  •  0
Student Member  •  50
* All cancellations are subject to a $100 cancellation fee for members and non-members and $25 for student members. Refunds will not be given for cancellations received after May 5, 2023. All requests for refunds must be received by ICSC in writing.

Hotel Reservations
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2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 3/7 In partnership with onPeak, ICSC’s ocial hotel provider, we are oering discounted rates at select hotels.

Notice to all ICSC Members: Please be advised that ICSC will only contact you through onPeak, our ocial hotel provider. Any other email or phone solicitations oering hotel bookings are unauthorized and should be disregarded as spam notices.

Book Hotel
Exhibitor Information
Reserve your Booth Space today for ICSC 2023 LAS VEGAS. Become an ICSC member and take advantage of member pricing.

Questions? Contact: Logan Brodsky at [email protected], Kim Romano at [email protected] or Keith Colavito at [email protected].

What’s included:
$15.50 per sq. ft (member pricing)
8' back and side wall drape (except island and peninsula booths) Gray booth carpet
Badges (based on booth size)
Listing in digital directory
ICSC is committed to bringing our event attendees together safely and with the proper health precautions in place but cannot guarantee that event attendees, exhibitors, vendors or other participants will not become infected with COVID, and by voluntarily attending an ICSC event, you accept and assume the risk of possible exposure or contraction of the same. Read ICSC’s Event Terms and Conditions for more information and our Event FAQs for more information.

Follow us for the latest event news and updates.
127 of 507
2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 4/7 About this event series
The ICSC Premier event series are our must-attend annual global gatherings of the Marketplaces Industry’s networked community of dealmakers, negotiators and money makers.

Details
Questions?
For more information, please call +1 844 728 ICSC or email [email protected].

Event F AQs
Cancel/Refund
Additional Resources
Attendee Search
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Exhibitor Floor Plan
View
Sponsorship Opportunities
Download
Attending
8537 Registered
Tony D'Ambrosio
Director - Dispositions &
General Manager Big V
Income Fund
Big V Properties,
LLC
Add to calendar
128 of 507
2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 5/7 Search attendees
Stephanie Karpinski
Vice President - Leasing
The Inland Real
Estate Group of
Companies, Inc.

Matt Whelan
Associate
PMAT Real Estate
Investments
Back T o T op
129 of 507
2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 6/7 Las Vegas, Nevada
Las Vegas Convention Center
Las Vegas, Nevada, United States
+1 646 728 3800
https:/ /compass.onpeak.com/e/012607218
Sponsors
Our sponsors get prime visibility at events and in our print and digital publications. And, of course, a big thank you from us. Learn more about how to become a sponsor here.

Back T o T op
F eatured events
Canadian Outlook:

Uncertainty or
Predictability
February 22, 2023
Virtual
130 of 507
2/17/23, 11:55 AM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 7/7

ICSC LOCAL

CHARLESTON
February 23, 2023
17 Lockwood Dr
Charleston, South
Carolina, United States
ICSC LOCAL ST .

LOUIS
February 23, 2023
17057 N Outer 40 Rd
Chesterfield, Missouri,
United States
131 of 507
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager/ Acting Community Development Director

DATE: February 21, 2023

SUBJECT: Adopt and Waive the Second Reading of an Ordinance of the City of Wasco Amending Table 2 -6 of Municipal Code Section 17.22.070 and Amending Boundaries on Figure 2-4 of the Municipal Code Section

17.24.040.

Recommendation:

Staff recommends that the City Council

1. Adopt and waive the second reading of an Ordinance of the City of Wasco requesting to amend Table 2-6 of Municipal Code Section 17.22.070 to allow drive throughs with a conditional use permit and a request to amend the boundaries of the Historic Down town (H -D) Combining District (Municipal Code section

17.24.040), and

2. Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305 Class 5 consist on minor alterations in land use limitations. Thus, no environmental review is required.

Environmental Review:

Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305 Class 5 consists of minor alterations in land use limitations. Thus, no environmental review is required.

Background:

The project is a Zoning Ordinance Text Amendment Request for two amendments:

Amend Table 2 -6 of Section 17.22.070 ‘Commercial and Industrial Zone Uses’, where applicant is requesting the Land Use type for ‘Restaurants – Fast Food with drive-thru’ to be changed from ‘Use Not Allowed’ to ‘Conditional Use Permit’ (as shown in Attachment 3) and to amend the boundaries on Section 17. 24.040 ‘Historic Downtown (H -D) Combining District’ shown on Figure 2-4 of the Municipal code (as shown in Attachment 4). Applicant is requesting that the two parcels in question, APN’s 030 -061-12 and 030- 061-13, be removed from the Historic Downtown Combi ning District. Both amendments are being requested due to drive throughs not being allowed in the Central District zoning

STAFF REPORT
City of Wasco

132 of 507
or Historic Downtown Combining district. Applicant’s parcels are on the edge of the boundaries for the Historic Downtown Combining District.

In order to allow a drive through at 727 6th Street, the following amendments are necessary:

• Amend Table 2 -6 of Section 17.22.070 ‘Commercial and Industrial Zone Uses’ changing the Land Use ‘Restaurants – Fast Food with Drive- Thru’ from ‘Use Not Allowed’ to ‘Conditional Use Permit’(C); and
• Amend the boundaries on Figure 2 -4 of Section 17.24.040 ‘Historic Downtown (H - D) Combining District’ to exclude the subject property due to drive -throughs not being allowed in the H-D District.

Discussion:

On February 7, 2023 the City council introduced and waived of the First Reading by title only of an Ordinance of the City of Wasco Amending Table 2 -6 of Municipal Code Section 17.22.070 and Amending Boundaries on Figure 2-4 of the Municipal Code Section

17.24.040.

On November 14, 2022, the Planning Commission held a Public Hearing, passed and adopted Resolution 2022- 0006, a resolution of the Planning Commission of the City of Wasco recommending approval of Zoning Ordinance Text Amendment and Zone Change 22-01.

Fiscal Impact:

None

Attachments:

1. Updated Zoning Ordinance – Second Reading

2. Section 17.22.070, Table 2-6 Commercial and Industrial Zone Uses Land Use Table – Proposed

3. Section 17.24.040, Figure 2 -4 Historic Downtown Combining District Boundaries – Proposed

4. Adopted Resolution 2022-0006 of the Planning Commission

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ORDINANCE NO. 2023 -

AN ORDINANCE OF THE CITTY COUNCIL OF THE CITY OF WASCO AMENDING TABLE 2-6 OF SECTION 17.22.070 COMMERCIAL AND INDUSTRIAL ZONE USES AND AMENDING THE HISTORIC DISTRICT BOUNDARIES ON FIGURE 2-4 OF SECTION 17.24.040 OF TITLE 17

ZONING OF THE CITY OF WASCO MUNICIPAL CODE AND MAKING A DETERMINATION OF

EXEMPTION UNDER CEQA

WHEREAS, the City of Wasco, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WASCO DOES ORDAIN AS FOLLOWS:

Section 1. Repeal.

Title 17 of the Wasco Municipal Code is hereby repealed in its entirety.

Section 2. Purpose and Authority.

The purpose of this Ordinance is to adopt the amended Table 2-6 and amended boundaries on Figure 2-4 of Title 17 of the City of Wasco Municipal Code.

Section 3. Re-enacted.

Title 17 of the Wasco Municipal Code, the Zoning Code, is hereby re-enacted and adopted to read as attached in: ”Exhibit A”:

SECTION 4. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3), as provided for in this Ordinance will not have a significant effect on the environment.

SECTION 5. Severability. If any section, paragraph, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, paragraph, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, paragraphs, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage.
134 of 507
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance as required by law.

INTRODUCED at a regular meeting of the City Council of the City of Wasco on the 7th day of February, 2023.
- o0o-

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Wasco on the day ______of _____________, 2023, by the following votes:

I HEREBY CERTIFY that the foregoing Ordinance 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

135 of 507

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Attachment 3
136 of 507
1 December 3, 2019
City of Wasco Zoning Code
Table of Contents

Division 1: Land Use Code Applicability

Chapter 17.10 – Authority, Purpose and Effect of Zoning Ordinance 9

17.10.010 – Citation 9

17.10.020 – Purposes of Ordinance 9

17.10.030 – Applicability 9

17.10.040 – Compliance with Ordinance 10

17.10.050 – Relationship to Other Regulations 10

17.10.060 – Legal Parcel 10

17.10.070 – Buildings Under Construction 10

17.10.080 – Validity 10

17.10.090 – Repeals 11

Division 2: Zoning Districts, Allowable Uses & Standards

Chapter 17.20 – Establishment of Zoning Districts 13

17.20.010 Zoning Maps 13

17.20.020 Boundaries of Zoning Districts 13

17.20.030 Zoning Districts Established 13

17.20.040 Range of Zoning District Restrictiveness 15

17.20.050 Purposes of Zoning Districts 15

17.20.060 Purposes of Combining Districts 18

17.20.070 Pre-Zoning 18

17.20.080 General Requirements 18

Chapter 17.22 – Allowable Uses & Development Standards 20

17.22.010 Establishment of an Allowable Use 20

17.22.020 Intensity of Development 20

17.22.030 Uses Not Listed 20

17.22.040 Similar Uses Allowed 20

17.22.050 Agriculture, Open Space & Public Facility Zone Uses 21

17.22.055 Agriculture, Open Space & Public Facility Zone Devel. Standards 27

17.22.060 Residential Zone Uses 27

17.22.065 Residential Zone Development Standards 31

17.22.070 Commercial, & Industrial Zone Uses 33

17.22.075 Commercial, & Industrial Zone Development Standards 38

Chapter 17.24 – Special Purpose & Combining Zone Districts & Standards 40

17.24.010 - Drilling Island Zone 40

17.24.020 - Specific Plan Zone 41

17.24.030 - Airport Approach Combining Zone District 43

17.24.040 - Historic Downtown Combining Zone District 44

17.24.050 - Precise Development Combining Zone District 55

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2 December 3, 2019

17.24.060 - Cluster Combining Zone District 58

17.24.070 - Geologic Hazard Combining Zone District 61

Division 3: Community and Project Design

Chapter 17.30 – Site Planning and General Development Standards 66

17.30.010 – Building Across Property Lines 66

17.30.020 - Canopy Structures 66

17.30.030 - Fences and Walls 67

17.30.040 – Height Limits & Measurement 69

17.30.050 – Lighting 69

17.30.060 – Mechanical Equipment & Utilities 70

17.30.070 – Minimum Lot Size Interpretation 70

17.30.080 - Screening & Storage 70

17.30.090 – Setback Measurements and Exceptions 71

17.30.100 – Solar Energy Systems 74

17.30.110 - Swimming Pools 74

17.30.120 – Yard Encroachments 75

Chapter 17.32 – Density Bonuses for Affordable and Seniors Housing 77

17.32.010 Purpose and Applicability 77

17.32.020 Density Bonus Eligibility 77

17.32.030 Incentives and Concessions 78

17.32.040 Applications For Bonus Requests 78

Chapter 17.34 – Landscaping 80

17.34.010 Purpose and Applicability 80

17.34.020 Landscape Plan Required 80

17.34.030 Landscape Requirements 80

Chapter 17.36 – Off-Street Parking & Loading 86

17.36.010 Purpose and Intent 86

17.36.020 Applicability 86

17.36.030 Parking Requirements for Residential Uses 86

17.36.040 Parking Requirements for Non-Residential Uses 90

17.36.050 Parking Area Design Standards 93

17.36.060 Shared/Joint-Use and Off-Site Parking 97

17.36.070 Disabled Parking 99

17.36.080 Bicycle Parking 100

17.36.090 Off-Street Loading 100

17.36.100 Vehicle Storage Area Requirements 102

Chapter 17.38 – Signs 104

17.38.010 Purpose and Intent 104

17.38.020 Applicability 105

17.38.030 Exempt Signs 105

17.38.040 Prohibited Signs 106

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3 December 3, 2019

17.38.050 Political Signs 107

17.38.060 Master Sign Plan 108

17.38.070 Permanent Sign Standards & Allowed Sign Area 109

17.38.080 General Provisions for Permanent Signs 111

17.38.090 Standards for Specific Types of Permanent Signs 114

17.38.100 Standards for Temporary Signs 119

17.38.110 Off-Site Residential Subdivision Directional Signs 121

17.38.120 Vintage Signs126 124

17.38.130 Nonconforming S126igns 125

17.38.140 Abandoned Signs 126

17.38.150 Sign Exceptions 126

Division 4: Standards for Specific Land Uses

Chapter 17.40 – Standards for Specific Uses and Activities 131

17.40.010 Accessory Dwelling Units 131

17.40.020 Accessory Uses & Structures 135

17.40.030 Adult Oriented Businesses 137

17.40.040 Alcohol Sales 138

17.40.050 Animal Keeping 139

17.40.060 Automobile & Auto Accessory Sales 140

17.40.070 Community Gardens 141

17.40.080 Convenience Stores 142

17.40.090 Day Care Home – Large 143

17.40.100 Drive-Thru Restaurants 144

17.40.110 Emergency Shelters 145

17.40.120 Guest Houses 147

17.40.130 Home Occupations 148

17.40.140 Mini-Storage Facilities 151

17.40.150 Mobile Home/Manufactured Housing 153

17.40.160 Mobile Home Parks 154

17.40.170 Multi-Family Development Standards 156

17.40.180 Planned Residential Development/Small Lot Subdivisions 160

17.40.190 Reasonable Accommodation 162

17.40.200 Recreational Vehicle Storage 165

17.40.210 Residence/Office Conversions 166

17.40.220 Residential Architectural Design Criteria 167

17.40.230 Right To Farm 169

17.40.240 Seniors Housing/Congregate Care 171

17.40.250 Service Stations & Service Station Conversions 172

17.40.260 Single Room Occupancy (SROs) 174

17.40.270 Storage Container & Outdoor Storage 175

17.40.280 Temporary Uses & Events 176

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4 December 3, 2019
Chapter 17.42 – Antennas and Telecommunications Facilities 183

17.42.010 Purpose and Application 183

17.42.020 Definitions 183

17.42.030 General requirements 184

17.42.040 Satellite dish requirements 189

17.42.050 Satellite and antenna development standards 190

17.42.060 Limitation 191

17.42.070 Permit revocation and modification 191

Chapter 17.43 – Cannabis Uses and Cultivation 192

17.43.010 Definitions 192

17.43.020 Prohibited Uses 194

17.43.030 Indoor Cannabis Cultivation 194

17.43.040 Exemptions 195

17.43.050 Violation, Penalty 195

Chapter 17.44 – Mining & Quarrying 196

17.44.010 Purpose of provisions 196

17.44.020 Definitions 196

17.44.030 Permits required 197

17.44.040 Reclamation. 199

17.44.050 Required permit findings 202

17.44.060 Annual report requirements 202

17.44.070 Development standards 202

17.44.080 Noise 204

17.44.090 Performance standards 205

17.44.100 Noise control officer designated 206

17.44.110 Nonconforming production sites 206

17.44.120 Nuisance 206

17.44.130 Spills 206

17.44.140 Building permits 206

17.44.150 Insurance 207

17.44.160 Indemnification 207

17.44.170 Sale of mine 207

17.44.180 Right of entry 207

17.44.190 Notices 208

17.44.200 Violations 208

17.44.210 Stop orders 206

17.44.220 Revocation of permit 208

Chapter 17.45 – Oil & Gas Production 210

17.45.010 Purpose of provisions 210

17.45.020 Definitions 210

17.45.030 Permits required 211

17.45.040 Development standards 213

17.45.050 Noise 217

17.45.060 Performance standards 218

17.45.070 Consolidation of drilling sites 219

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17.45.080 Noise control officer designated 219

17.45.090 Nonconforming drilling or production sites 219

17.45.100 Nuisance 219

17.45.110 Spills 220

17.45.120 Building permits 220

17.45.130 Insurance 220

17.45.140 Indemnification 220

17.45.150 Sale of wellsite 221

17.45.160 Right of entry 221

17.45.170 Notices 221

17.45.180 Violations 221

17.45.190 Stop orders 221

17.45.200 Revocation of permit 221

17.45.210 Development encroachment in petroleum areas 223

Chapter 17.46 – Recycling Facilities 225

17.46.010 Purpose of Provisions 225

17.46.020 Definitions 225

17.46.030 Reverse Vending Machines - Development Standards 227

17.46.040 Small Collection Facilities - Development Standards 227

17.46.050 Large Collection Facilities - Development Standards. 229

17.46.060 Processing Facilities – Development Standards 230

Chapter 17.47 – Traffic Impact Studies 233

17.47.010 Purpose and Application 233

17.47.020 Definitions 233

17.47.030 Thresholds 235

17.47.040 Process 236

17.47.050 General requirements 237

Chapter 17.48 – Williamson Act Regulations 239

17.48.010 Purpose 239

17.48.020 Williamson Act contracts management 239

17.48.030 Filing of map 239

17.48.040 Uses permitted after annexation and in transition to urbanization 239

17.48.050 Mineral extraction 240

17.48.060 Notice of non-renewal--Renewal--Recording requirements 240

17.48.070 Cancellation 241

17.48.080 Annexation of Williamson Act land 241

Division 5: Planning Permit Procedures

Chapter 17.50 – City Required Planning Permits and Approvals 243

17.50.010 – Purpose 243

17.50.020 - Discretionary Permits and Actions 243

17.50.030 - Planning Permit Review Authority 245

17.50.040 – Indemnification 245

17.50.050 – Initial Application Completeness Review 247

17.50.060 – Environmental Review 248

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Chapter 17.52 – Permit Review Procedures & Limitations 249

17.52.010 - Purpose 249

17.52.020 – Conditional Use Permits 249

17.52.030 – Determination of Similar Use 253

17.52.040 – Precise Development Plan Permit 254

17.52.050 – Reasonable Accommodation 254

17.52.060 – Site Plan and Design Review 257

17.52.070 – Specific Plans 258

17.52.080 – Temporary Use Permits 261

17.52.090 – Variances 261

17.52.100 – Zone Regulation Administrative Modification 262

17.52.110 – Permit Revocation and Modification 263

17.52.120 – Permits to Run with the Land 263

17.52.130 – Performance Guarantees 264

17.52.140 – Time Limits and Extensions 265

17.52.150 – Time Limits on Challenges 266

Division 6: Nonconforming Uses, Structures & Lots
.

Chapter 17.60 – Non-conforming Uses and Structures 268

17.60.010 – Purpose and Application 268

17.60.020 - Nonconforming Structures 268

17.60.030 - Nonconforming Uses of Structures 269

17.60.040 – Non-conforming Uses of Land 269

17.60.050 – Non-conforming Lots 270

17.60.060 – Continuation and Maintenance of Nonconformity 270

17.60.070 – Determination of Non-conforming Status 270

Division 7: Zoning Code Administration

Chapter 17.70 – Administration 273

17.70.010 – Purpose 273

17.70.020 - Administrative Responsibility 273

Chapter 17.72 – Appeals 274

17.72.010 – Purpose 274

17.72.020 - Appeal Subjects and Jurisdiction 274

17.72.030 – Filing of Appeals 274

17.72.040 – Processing of Appeals 275

Chapter 17.74 – Public Hearings 276

17.74.010 – Purpose 276

17.74.020 – Notice of Hearing 276

17.74.030 – Scheduling of Hearing 277

17.74.040 – Hearing Procedure 277

17.74.050 – Notice of Decision 278

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Chapter 17.76 – Amendments to Code 279

17.76.010 – Purpose 279

17.76.020 – Initiation of Amendments by City 279

17.76.030 – Initiation of Amendments by Individual 279

17.76.040 – Notice of Public Hearing 280

17.76.050 – Public Hearing 280

17.76.060 – Decision by Council 280

17.76.070 – Time Limitations and Challenges 280

Chapter 17.78 – Enforcement and Penalties 281

17.78.010 Purpose 281

17.78.020 Complaints Regarding Violations 281

17.78.030 Inspection 281

17.78.040 Notice of Violation 281

17.78.050 Misdemeanor 282

17.78.060 Injunctive Relief 282

17.78.070 Abatement Proceeding 282

17.78.080 Noncompliance with Permit Conditions 283

17.78.090 Validity and Issuance of Permits 283

Division 8: Property Maintenance & Code Enforcement

Chapter 17.80 – Property Maintenance, Code Enforcement & Abatement 285

17.80.010 Purpose and Application 285

17.80.020 Definitions 285

17.80.030 Prohibited Conduct 287

17.80.040 Public Nuisance 289

17.80.050 Exemptions 289

17.80.060 Maintenance Standards for Developed Properties 289

17.80.070 Maintenance Standards for Undeveloped or Vacant Properties 292

17.80.080 Compliance Responsibility 293

17.80.090 Abatement Procedures 293

17.80.100 Adoption of International Property Maintenance Code 295

Division 9: Definitions

Chapter 17.90 – Definitions 302

17.90.010 - Purpose 302

17.90.020 – Definitions of Terms and Phrases 302

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DIVISION 1
Land Use Code Applicability

Chapter 17.10 – Authority, Purpose and Effect of Zoning Ordinance

17.10.010 – Citation

17.10.020 – Purposes of Ordinance

17.10.030 – Applicability

17.10.040 – Compliance with Ordinance

17.10.050 – Relationship to Other Regulations

17.10.060 – Legal Parcel

17.10.070 – Buildings Under Construction

17.10.080 – Validity

17.10.090 - Repeals

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Chapter 17.10 - Authority, Purpose and Effect of the Zoning Ordinance

Sections:

17.10.010 Citation.

17.10.020 Purposes of the zoning ordinance.

17.10.030 Applicability.

17.10.040 Compliance with the ordinance.

17.10.050 Relationship to other regulations and requirements.

17.10.060 Legal Parcel

17.10.070 Buildings under construction.

17.10.080 Validity.

17.10.090 Repeals.

17.10.010 Citation.

This title shall be known as, and may be cited and referred, to as, the "Zoning Ordinance of the City of Wasco."

17.10.020 Purposes of the zoning ordinance.

The zoning ordinance of the city of Wasco is adopted to promote and protect the public health, safety, and welfare through the orderly regulation of land uses. Its regulations are imposed to:

A. Provide the economic and social advantages resulting from an orderly planned use of land resources;
B. Guide development so that it is consistent with the city of Wasco general plan; C. Prescribe and apply zoning districts of a number, size and location deemed necessary to carry out the purposes of the city of Wasco general plan and this title; D. Regulate the size and use of lots, yards and other spaces; E. Regulate the use, location, height, bulk and size of buildings and structures; F. Regulate the intensity of land use;
G. Regulate the density in residential areas to conform with the general plan; H. Establish requirements for off-street parking;
I. Regulate signs and billboards;
J. Maintain and enhance significant environmental resources; K. Provide for the enforcement of the regulations of this title.

17.10.030 Applicability.

This title shall apply, to the extent permitted by law to all property in the incorporated boundaries of the city of Wasco whether owned by private individuals, firms, corporations or organizations; by the city of Wasco or its agencies, by the county of Kern or its agencies, by the state of California or its agencies or political subdivisions, by the United State or any of its agencies. Any governmental agency shall be exempt from the provisions of this chapter only to the extent that such property may not be lawfully regulated by the city of Wasco.
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17.10.040 Compliance with the ordinance.

A. It is unlawful for any building or structure to be moved, erected, altered, enlarged, or rebuilt that does not strictly conform to the provisions of this chapter, except as may be otherwise authorized by Chapter 17.60 relating to nonconforming uses and standards.

B. It is unlawful for any lot, parcel, yard, open space, or land to be used for any purpose not specifically permitted by this chapter.

C. Any use not specifically permitted by the provisions of this chapter is prohibited.

D. No department, official, or employee of the city of Wasco vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this chapter may or shall issue a permit or license in conflict with the provisions of this chapter; any permit or license issued in conflict with any provisions of this chapter shall become null and void from its beginning. No permit or license may or shall be issued by any department, official or employee of the city of Wasco for any building, structure; or use subject to the requirements of this chapter on a parcel of land where the department, official, or employee is aware that a violation of this title exists.

17.10.050 Relationship to other regulations and requirements.

This chapter and the provisions thereof shall amend and supersede all prior related ordinances. To the extent that any of the provisions of a previous ordinance are in conflict with the provisions of this chapter, but only to the extent and insofar as the same are in conflict therewith.

17.10.060 Legal Parcel
The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Chapter 16, Subdivisions, and the Subdivision Map Act. Legal nonconforming parcels may be used or developed in compliance with Chapter 17.60, Nonconforming Uses and Structures.

17.10.070 Buildings under construction.

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this chapter may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, if construction is commenced within sixty days after the issuance of said permit and is diligently pursued to completion.

17.10.080 Validity.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason declared to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, paragraph, sentence, clause, or phrase, or portion thereof, irrespective of the section, that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. 146 of 507
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17.10.090 Repeals.

The repeal, amendment or modification of any prior ordinances of the city of Wasco shall not affect any pending prosecutions for violation of any ordinances repealed, amended, or modified.
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DIVISION 2
Zoning Districts, Allowable Uses & Standards

Chapter 17.20 – Establishment of Zoning Districts

17.20.010 Zoning Maps

17.20.020 Boundaries of Zoning Districts

17.20.030 Zoning Districts Established

17.20.040 Range of Zoning District Restrictiveness

17.20.050 Purposes of Zoning Districts

17.20.060 Purposes of Combining Districts

17.20.070 Pre-Zoning

17.20.080 General Requirements

Chapter 17.22 – Allowable Uses & Development Standards

17.22.010 Establishment of an Allowable Use

17.22.020 Intensity of Development

17.22.030 Uses Not Listed

17.22.040 Similar Uses Allowed

17.22.050 Agriculture, Open Space & Public Facility Zone Uses

17.22.055 Agriculture, Open Space & Public Facility Zone Development Standards

17.22.060 Residential Zone Uses

17.22.065 Residential Zone Development Standards

17.22.070 Commercial, & Industrial Zone Uses

17.22.075 Commercial, & Industrial Zone Development Standards

Chapter 17.24 – Special Purpose & Combining Zone Districts & Standards

17.24.010 Drilling Island Zone

17.24.020 Specific Plan Zone

17.24.030 Airport Approach Combining Zone District

17.24.040 Historic Downtown Combining Zone District

17.24.050 Precise Development Combining Zone District

17.24.060 Cluster Combining Zone District

17.24.070 Geologic Hazard Combining Zone District

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Chapter 17.20 - Establishment of Zoning Districts

Sections:

17.20.010 Zoning maps.

17.20.020 Boundaries of zoning districts.

17.20.030 Zoning districts established.

17.20.040 Range of Zoning District Restrictiveness

17.20.050 Purposes of zoning districts.

17.20.060 Purposes of Combining Districts

17.20.070 Prezoning.

17.20.080 General requirements.

17.20.010 Zoning maps.

The boundaries of the zones established by this chapter are not included in this title, but are shown on the official zoning maps available at the Wasco planning department and other information shown thereon shall be as much as part of this chapter as if the matters and information set forth on such maps were all fully described herein. Where an interpretation is required for the precise boundary of a zone district, such interpretation shall be made in conformance with Chapter 17.20.

17.20.020 Boundaries of zoning districts
Where uncertainty exists as to the official zoning maps, the following rules shall apply:

A. Where district boundaries are indicated as approximately following street, highway, and alley lines or lot lines, such lines, shall be construed as extending to the centerline of such street, highway, or alley;
B. In un-subdivided property or where a zoning district boundary divides a lot, the location of district boundary, unless specified by dimensions, shall be determined by use of the scale appearing on the map;
C. In case any uncertainty exists, the planning director shall determine the location of district boundaries;
D. Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to the vacated or abandoned street or alley;
E. Where any private right-of-way or easement of any railroad, railway, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property, unless said right-of-way or easement has been previously zoned.

17.20.030 Zoning districts established.

In order to classify, regulate, and restrict the uses of lands and buildings, to regulate and restrict the height, bulk and construction of buildings, to regulate the area of yards 149 of 507
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and other open spaces around buildings, and to regulate the intensity of land use and the density of population, the following base zoning districts are hereby established:

GENERAL ZONING DISTRICTS
Agricultural Zones
A-E Exclusive Agricultural Zone
A-L Limited Agricultural Zone
Residential Zones
R-R Rural Residential
R-E Residential Estate
R-1-10 Single-Family Residential 10,000 sq. ft. lot minimum R-1-8 Single-Family Residential 8,000 sq. ft. lot minimum R-1-6 Single-Family Residential 6,000 sq. ft. lot minimum R-2 Medium Density Residential Zone
R-3 High Density Residential Zone
Commercial Zones
C-N Neighborhood Commercial Zone
C-O Professional Office Zone
C-D Central District
C-R Retail Commercial Zone
C-H Highway Commercial Zone
C-S Service Commercial Zone
Industrial Zone
I-L Light Industrial Zone
I-H Heavy Industrial Zone

SPECIAL PURPOSE DISTRICTS
D-I Drilling Island
P-F Public Facilities
O-S Recreation Open Space Zone

Every lot or parcel of land, or portion thereof, within the incorporated city of Wasco shall be classified in one of the base zoning districts established by this section. (Ord. 486 §1 (Exh. A (part)), 2003).

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In addition to the base zone districts, the following combining districts are hereby established:

COMBINING DISTRICTS
A-A Airport Approach Combining Zone
H-D Historic Downtown Combining Zone
P-D Precise Development Combining Zone
C-L Cluster Combining Zone
G-H Geologic Hazard Combining Zone
S-P Specific Plan Combining Zone

In addition to being classified in a base zoning district, a lot or parcel of land, or portion thereof, may be classified in one or more combining zoning districts established by this section. In such cases all building and properties shall be designed in accordance with the regulations in the base and combining zone districts. (Ord. 486 §1 (Exh. A (part)), 2003).

17.20.040 Range of Zoning District Restrictiveness

References in this ordinance to less restrictive or more restrictive zoning districts refer to the General Zoning Districts listed above. The above districts are ranked and represent a progression from the most restrictive (A-E Exclusive Agriculture) to the least restrictive (I-H Heavy Industrial) classifications. In general, a use that is permitted in one zoning district would not be permitted in a more restrictive zoning district and may not be permitted in a less restrictive zoning.

17.20.050 Purpose of Zoning Districts.

A. Exclusive Agriculture (A-E) Zone
The A-E zone is intended to designate areas suitable for agriculture uses and to prevent development of agricultural land to non-agricultural uses that will not be consistent with the general plan. Uses in the A-E zone are limited primarily to agricultural uses and other activities compatible with agricultural uses. This zone implements the General Plan Land Use Agriculture designation. (Ord. 486 §1 (Exh. A (part)), 2003).

B. Limited Agricultural (A-L) Zone
The A-L zone is intended to designate areas suitable for a combination of estate- type residential development with limited agricultural activities. This zone implements the General Plan Land Use Agriculture designation. (Ord. 486 §1 (Exh. A (part)), 2003).

C. Rural Residential (R-R) Zone
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The R-R zone is intended to designate areas for larger lot residential development with lot sizes ranging from a minimum of twenty thousand square feet to two and one- half acres. All residential developments above one unit per acre need not be served by city sewer and water services if adequate private services can be provided. This zone implements the General Plan Land Use Estate Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

D. Residential Estate (R-E) ZONE
The purpose of the residential estate zone is to accommodate lots ranging in size between twelve thousand and twenty-two thousand square feet and where the overall density of an area shall be limited because of public facility, safety or aesthetic objectives. This zone implements the General Plan Land Use Estate Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

E. Single-Family Residential (R-1-10) Zone (10,000 Square Foot Minimum Lot) The purpose of this zone is to designate areas which will be suitable for larger single-family homes and compatible uses. The R-1-10 zone will be characterized by the typical large lot, larger home single-family subdivision. This zone implements the General Plan Land Use Estate Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

F. Single-Family Residential (R-1-8) Zone (8,000 Square Foot Minimum Lot) The purpose of this zone is to designate areas which will be suitable for conventional, single-family homes and compatible uses. The R-1-8 zone will be characterized by the typical single-family subdivision. This zone implements the General Plan Land Use Low Density Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

G. Single-Family Residential (R-1-6) Zone (6,000 Square Foot Minimum Lot) The R-1-6 zone provides for a land use pattern of predominantly single-family development with a minimum lot size of six thousand square feet. This zone implements the General Plan Land Use Low Density Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

I. Medium Density Residential (R-2) Zone
The R-2 zone (7.6 - 15.0 dwelling units/gross acre) provides for a land use pattern characterized predominantly by small scale attached multiple-family residential developments. Areas designated as medium density residential are to be integrated throughout the community adjacent to transportation, community services and commercial developments. This zone implements the General Plan Land Use Medium Density Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

J. High-Density Residential (R-3) Zone
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community facilities, business centers, and streets of at least collector capacity. This zone implements the General Plan Land Use High Density Residential designation. (Ord. 486 §1 (Exh. A (part)), 2003).

K. Neighborhood Commercial (C-N) Zone
The C-N zone provides for a smaller cluster of commercial establishments to serve the everyday convenience goods and personal service needs of surrounding neighborhoods. The service radius of a neighborhood commercial use is generally one mile or a 15-20 minute walking distance. This zone implements the General Plan Land Use Neighborhood Commercial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

L. Professional Office (C-O) Zone
The C-O zone provides areas for development as administrative, financial, business, professional, or medical offices. This zone is to be applied in and adjacent to the downtown and near major medical facilities. The zone may also serve as a buffer between retail commercial and residential areas. This zone implements the General Plan Land Use Neighborhood Commercial, Professional Office, Central Business District, and Community Retail Commercial designations. (Ord. 486 §1 (Exh. A (part)), 2003).

M. Central District (C-D) Zone
The C-D zone provides for a mixed-use activity area in the downtown area, including retail, office, service, public, institutional, and limited residential uses. This zone implements the General Plan Land Use Central Business District designation. (Ord. 486 §1 (Exh. A (part)), 2003).

N. Commercial Retail (C-R) Zone
The C-R zone provides for larger clusters of commercial establishments serving community center retail including general merchandise, variety, specialty stores, larger scale retailers and uses oriented to highways in the community. This zone implements the General Plan Land Use Community Retail Commercial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

O. Highway Commercial (C-H) Zone
The C-H zone provides for localized concentrations of uses catering to the traveling public including service stations, hotels, restaurants, or other visitor-serving uses. This zone implements the General Plan Land Use Highway Commercial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

P. Service Commercial (C-S) Zone
The C-S zone provides for commercial areas for non-retail commercial. Such uses may have characteristics that require isolation or separation from residential or other commercial uses. This zone implements the General Plan Land Use Service Commercial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

Q. Light Industrial (I-L) Zone
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The I-L zone provides for an array of warehouse, distribution, processing, light manufacturing and assembly uses. This zone implements the General Plan Land Use Light Industrial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

R. Heavy Industrial (I-H) Zone
The I-H zone provides for a range of activities including heavy manufacturing, wholesale distribution, storage and industrial uses including the manufacturing of finished product from raw material. This zone implements the General Plan Land Use Heavy Industrial designation. (Ord. 486 §1 (Exh. A (part)), 2003).

S. Public Facilities (P-F) Zone
The P-F zone designates areas owned and maintained by public or institutional agencies such as the city, schools, hospitals, and other special districts. This zone implements the General Plan Land Use Public and Institutional designation. (Ord. 486 §1 (Exh. A (part)), 2003).

T. Parks Recreation and Open Space (O-S) Zone
The O-S zone designates areas for permanent open spaces, parks and related facilities for parks. This zone implements the General Plan Land Use Open Space/Parks designation (Ord. 486 §1 (Exh. A (part)), 2003).

17.20.060 Purpose of Combining Districts & Special Purpose Zones

See Section 17.24

17.20.070 Pre-zoning.

The city may pre-zone unincorporated property adjoining the city. This process shall comply with Chapter 17.76 (Amendments). The zoning shall become effective upon annexation. (Ord. 486 §1 (Exh. A (part)), 2003).

17.20.080 General requirements.

A. Application. All land or structures shall be used and constructed in accordance with the regulations and requirements of the zoning ordinance including obtaining applicable permits prior to use initiation.

B. Conflicting Permits and Licenses to be Voided. All permits and licenses shall be issued in conformance with the provisions of this zoning ordinance. Any permit or license issued and in conflict with this zoning ordinance shall be null and void.

C. Minimum Requirements. When interpreting and applying the regulations of this zoning ordinance, the provisions shall be the minimum requirements, unless otherwise specified.

D. Conflict With Other Regulations.

1. Where conflicts occur between the provisions of this zoning ordinance and the building and fire codes, or other regulations of the city, the more restrictive shall apply.
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2. It is not intended that this zoning ordinance shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement in effect at the time of adoption. Where this zoning ordinance imposes a greater restriction upon the use of structures or land, the provisions of this zoning ordinance shall apply.

3. Nothing contained in this zoning ordinance shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both. Nor shall anything in this zoning ordinance be deemed to repeal or amend the building code of the city.

E. Language. In interpreting this zoning ordinance, the term "shall" is mandatory, and the term "may" is permissive.

F. Density and Intensity. The density and intensity limitations established in the zoning ordinance shall apply to each lot.

G. Improvements. All provisions and improvements shall be installed as required by Title 16 of the Wasco Municipal Code, the city of Wasco Subdivision Ordinance and Improvement Standards. (Ord. 486 §1 (Exh. A (part)), 2003). 155 of 507
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Chapter 17.22 – Allowable Uses & Development Standards

Sections:

17.22.010 Establishment of an Allowable Use.

17.22.020 Intensity of Development

17.22.030 Uses Not Listed.

17.22.040 Similar Uses Allowed.

17.22.050 Agriculture, Open Space & Public Facility Zone Uses

17.22.055 Agriculture, Open Space & Public Facility Zone Development Standards.

17.22.060 Residential Zone Uses

17.22.065 Residential Zone Development Standards

17.22.070 Commercial and Industrial Zone Uses

17.22.075 Commercial and Industrial Zone Development Standards

17.22.010 Establishment of an Allowable Use.

Any one or more land uses identified by Tables 2-1, 2-3 and 2-6 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this land use code.

Where a single parcel is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by the tables for any individual use. For example, a new multi-use building proposed with a permitted use on the second floor and a use requiring use permit approval on the ground floor would require use permit approval for the entire project.

17.22.020 Intensity of Development

In order to achieve the development objectives of the General Plan and provide a range of housing development opportunities within the city, the intensity of development in any residential zoning district, measured by dwelling units per acre, shall fall within the density range designated within the Land Use Element of the General Plan (LU Element Table 3.1) for the various residential land use classifications.

17.22.030 Uses Not Listed
A land use that is not listed in Tables 2-1, 2-3 or 2-6 is not allowed within the city, except as otherwise provided in Section 17.22.040 of this chapter.

17.22.040 Similar Uses Allowed
The Planning Director may determine that a proposed use not listed in this chapter is allowable as follows:
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A. Required Findings. The Planning Director may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first making all of the following findings:
a. The characteristics of, and activities associated with the use are similar to one or more of the listed uses in the zoning district where the use is proposed, and will not involve greater impacts than the uses listed in the district; b. The use will be consistent with the purposes of the applicable zoning district; c. The use will be consistent with the general plan and any applicable specific plan;
d. The use will be compatible with the other uses allowed in the district; and e. The use is not listed as allowable in another zoning district.

A determination that a use qualifies as a “similar use” and the findings supporting the determination shall be in writing.

B. Applicable Standards and Permit Requirements. When the Planning Director determines that a proposed but unlisted use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this land use code apply.

C. The formal process to make a similar use determination is provided in Chapter

17.52.030, Determination of Similar Use.

17.22.050 Agriculture, Open Space & Public Facility Zone Uses The land uses allowed in each zoning district are listed in Table 2-1, together with the type of planning permit required for each use.

Allowable uses for each zone are established by letter designations as follows:

1. “P” represents permitted (allowed) uses;

2. “C” designates uses that are allowed with a Conditional Use Permit (CUP);

3. “T” designates uses that require the approval of a Temporary Use Permit (TUP); and

4. “ ---“ designates uses that are not permitted in the zone.

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TABLE 2-1
PERMITTED LAND USES:

AGRICULTURE, OPEN SPACE AND

PUBLIC FACILITIES ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use Regulations
Land Use Type A-E A-L O-S P-F

AGRICULTURE USES
Animal auction yard C --- --- ---
Beekeeping P P --- ---
Wineries C --- --- ---

Cold storage/warehousing C --- --- ---

Commercial livestock C --- --- --- See 17.40.050, Animal Keeping
Community gardens --- --- P P See 17.40.070, Community Gardens
Dairy products processing/packaging C --- --- ---

Domestic crops, for resident use P P --- ---
Farmers market --- P P P
Field or orchard crops P P --- P
Fruit/vegetable broker/shipper C --- --- ---
Grain elevators/silos C --- --- ---
Greenhouses, commercial P P --- ---
Horticulture specialties P P --- P
Nut processing, hulling and drying C --- --- ---

Produce stand – temporary T T T T
Produce stand – permanent C C --- ---
Small animals & Livestock (non-
commercial)

P P --- ---

Zoning District Symbols
A-E Exclusive Agriculture
A-L Limited Agriculture
O-S Parks, Recreation & Open Space
P-F Public Facilities

Notes:
1) In conjunction with primary permitted use.

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TABLE 2-1
PERMITTED LAND USES:

AGRICULTURE, OPEN SPACE AND

PUBLIC FACILITIES ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use Regulations
Land Use Type A-E A-L O-S P-F

INDUSTRY, MANUFACTURING, PROCESSING, WAREHOUSING
Cold storage, refrigerated warehouse C --- --- ---
Cotton processing/gins C --- --- ---
Equipment and material storage yard C --- --- --- See 17.40.270, Outdoor Storage
Feed and fuel storage yard C --- --- ---
Food preparation & processing C --- --- ---
Grain, feed & flour mills C --- --- ---
Household hazardous waste collection --- --- T P
Nut processing, hulling and drying C --- --- ---
Vegetable oil mills C --- --- ---

RECREATION & OPEN SPACE USES
Amusement park --- --- C ---
Athletic playing fields --- --- P P
Circus, carnivals, fairs, festivals --- T T T See MC 5.48 Community recreation facility --- C P P
Country club --- --- P ---
Equestrian establishment C C P ---
Golf course & driving range --- C P P
Guest ranch C C --- ---
Horse stables P P P P
Health/fitness centers, racquet clubs --- --- P C
Hiking or equestrian trails (non-motorized) C --- P P
Parks/playgrounds C C P P
Race track, auto/motorcycle/horse --- --- C C
Roads/trails (motorized vehicles) --- --- C ---
RV park and campgrounds --- --- C ---
Shooting range/gun club C C C ---
Sports arena (indoor or outdoor) --- --- P P
Swimming pool (public) --- --- P P
Wild life/nature preserve P P P P

Zoning District Symbols
A-E Exclusive Agriculture
A-L Limited Agriculture
O-S Parks, Recreation & Open Space
P-F Public Facilities
Notes:
1) In conjunction with primary permitted use.

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24 December 3, 2019
TABLE 2-1
PERMITTED LAND USES:

AGRICULTURE, OPEN SPACE AND

PUBLIC FACILITIES ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use Regulations
Land Use Type A-E A-L O-S P-F

INSTITUTIONAL & EDUCATIONAL USES
Ambulance services/medical transport --- --- --- P
Animal shelter --- --- --- P
Art gallery --- --- --- P
Arts/crafts/martial arts schools --- --- --- P
Auditorium (public) C C C P

Business school --- --- --- P
Cemetery, mausoleum, mortuary C C P P
Charitable/public service organization C C P P
Churches/religious institutions C C --- C
Club or lodge (public or private) C C --- C
College or university C --- P P
Community or seniors center --- C P P
Convalescent hospital --- --- --- P
Driving school --- --- --- P
Fire or police station C C --- P
Government office/building C C P P
Hospital – general medical/surgical --- --- --- P
Laboratories (medical testing/diagnostic) --- --- --- P

Museum --- C P P
Psychiatric/substance abuse hospitals --- --- --- C
Rehabilitation hospitals --- --- --- P
Sanitarium --- C P P
Schools, private (preschool-12) --- --- --- C
School bus yard --- --- --- P
Swim school --- --- --- P
Trade or technical school --- --- --- P
Zoo C C P P

RESIDENTIAL USES
Daycare – licensed --- --- --- P See 17.40.090, Day Care Farm labor housing C C --- ---

Mobilehome – temporary T T --- --- See 17.40.280.B.1b
Residential accessory structures P1 P1 --- --- See 17.40.020 Single-family dwelling P P --- ---

Zoning District Symbols
A-E Exclusive Agriculture
A-L Limited Agriculture
O-S Parks, Recreation & Open Space
P-F Public Facilities

Notes: 1) In conjunction with primary permitted use.

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TABLE 2-1
PERMITTED LAND USES:

AGRICULTURE, OPEN SPACE AND

PUBLIC FACILITIES ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use Regulations
Land Use Type A-E A-L O-S P-F

RESOURCE MANAGEMENT USES

Cogeneration facility C C --- C
Concrete or asphalt batch plant C T --- ---
Hazardous waste collection center --- --- --- P
Mining & mineral extraction C C --- C See 17.44
Nonhazardous waste disposal facility --- --- --- P
Oil & gas exploration/production P P --- C See 17.45
Recycling facility – green waste T T --- P
Rock aggregates crushing/processing C --- --- P
Solar energy field --- --- --- P
Transfer station (large volume) C --- --- P See 17.46
Transfer station (low volume) C C --- P See 17.46
Waste to energy facility C C --- C
Wastewater treatment plant --- --- --- P
Water well - domestic P P P P
Wind energy generators (on-site use) P --- --- P

TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE
USES

Antennas/wireless communication
facilities
C C C C See 17.42
Bus station –passenger service --- --- --- P
Electric distribution substations P P P P
Microwave relay station C C C C
Parking garage (structure) --- --- --- C
Parking lot (stand alone) C C --- P
Public utility building or facility C C P P
Radio, television transmitter, tower C C --- --- See 17.42 Utility substation P --- P P

Zoning District Symbols
A-E Exclusive Agriculture
A-L Limited Agriculture
O-S Parks, Recreation & Open Space
P-F Public Facilities

Notes:
1) In conjunction with primary permitted use.

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TABLE 2-1
PERMITTED LAND USES:

AGRICULTURE, OPEN SPACE AND

PUBLIC FACILITIES ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use Regulations
Land Use Type A-E A-L O-S P-F

SERVICES
Auditoriums C C --- P
Bed & Breakfast inns P --- --- ---
Bus charter --- --- --- C
Christmas tree lot (temporary) T T --- --- See 17.40.280.B.1d Hospital – general medical/surgical --- --- --- P
Timber/fire wood sales C --- --- ---
Theater – live performance --- --- --- C

ACCESSORY USES
Cargo containers (used as storage) T T T T See 17.40.270 &

17.40.280.B.1c
Cafeteria --- --- --- P
Household pets (up to 6) P P See 17.90 Definitions
Kiosk vendor (fixed location) --- --- C C
Public restrooms/shelters --- --- P P

Zoning District Symbols
A-E Exclusive Agriculture
A-L Limited Agriculture
O-S Parks, Recreation & Open Space
P-F Public Facilities

Notes:
1) In conjunction with primary permitted use.

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17.22.055 Agriculture, Open Space & Public Facility Zone Development Standards New structures, alterations to existing structures, and any other improvements to properties in the Agriculture, Open Space and Public Facilities zones shall be designed, constructed, and/or established in compliance with the requirements in Table 2-2, Development Standards for Agriculture, Open Space, and Public Facilities Zones.

TABLE 2-2

GENERAL DEVELOPMENT STANDARDS

AGRICULTURE, OPEN SPACE AND PUBLIC FACILITIES ZONES

Development Standard A-E A-L O-S P-F Additional
Requirements

Lot Standards
Minimum Lot Area (acres) 40 2.5 None None
Maximum Density 1 du/lot 1 du/lot NA NA
Minimum Setbacks
Front 25 ft. 25 ft. 25 ft. 15 ft.

Side – Interior 15 ft. 5 ft. 5 ft. 5 ft.

Side – Street 15 ft. 15 ft. 10 ft. 10 ft.

Rear 15 ft. 15 ft. 15 ft. 15 ft.

Rear – Through Lot 25 ft. 25 ft. 25 ft. 15 ft.

Minimum Distance Between Main
Structures
10 ft. 10 ft. 10 ft. 10 ft.

Minimum Distance Between Main &
Accessory Structures
6 ft. 6 ft. 6 ft. 6 ft.

Minimum Distance Between
Residential & Livestock Structures
100 ft. 100 ft. NA NA
Building Massing
Maximum Height 35 ft. 35 ft. None None
Maximum Number of Stories 3 3 None None
Accessory Structures
Setbacks None None None None
Height 30 ft. 30 ft. 30 ft. 30 ft.

Stories 2 2 2 2

17.22.060 Residential Zone Uses
The land uses allowed in each zoning district are listed in Table 2-3, together with the type of planning permit required for each use.

Allowable uses for each zone are established by letter designations as follows:

1. “P” represents permitted (allowed) uses;

2. “C” designates uses that are allowed with a Conditional Use Permit (CUP);

3. “T” designates uses requiring a Temporary Use Permit (TUP); and

4. “ ---“ designates uses that are not permitted in the zone. 163 of 507
28 December 3, 2019

TABLE 2-3
PERMITTED LAND USES:

RESIDENTIAL ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use
Regulations Land Use Type R-R R-E R-1-10 R-1-8 R-1-6 R-2 R-3

RESIDENTIAL USES
Boarding or rooming house --- --- --- --- --- --- C
Dwellings
Single-family dwelling P P P P P --- ---
Duplex --- --- --- --- --- P P Must meet
minimum General
Plan density
requirements
Multifamily --- --- --- --- --- P P
Accessory Dwelling Unit (ADU)1 P P P P P P P See 17.40.010 ADU over garage1 C C C C C C C
Guest House1 P P P P P P P See 17.40.120
Mobilehome P P P P P P P See 17.40.150
Mobilehome park C C C C C C C See 17.40.160
Mobilehome, temporary T T T T T T --- See 17.40.280.B.1b

SUPPORTIVE HOUSING & CARE USES
Daycare – Adult ≤8 adults P P P P P P P
Daycare – Adult ≤ 14 adults C C C C C C C See 17.40.090 Daycare Child small ≤8 children P P P P P P P
Daycare Child large ≤14 children C C C C C C C See 17.40.090 Emergency Shelters --- --- --- --- --- --- P See 17.40.110 Residential / Community care
facility ≤6 beds
P P P P P P P Must be State
Licensed
Residential / Community care
facility ≥7 beds
C C C C C C C Must be State
Licensed
Residential hotel --- --- --- --- --- --- P
Retirement or rest home --- --- --- --- --- --- C
Supportive / Transitional housing
≤6 beds

P P P P P P P
Support / Transitional housing >7
beds

C C C C C C C

Zoning District Symbols
R-R Rural Residential
R-E Residential Estate
R-1-10 Single-family 10,000 sq. ft. lot size
R-1-8 Single-family 8,000 sq. ft. lot size
R-1-6 Single-family 6,000 sq. ft. lot size
R-2 Medium Density Residential
R-3 High Density Residential

Notes: 1) In conjunction with primary permitted use.

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TABLE 2-3
PERMITTED LAND USES:

INSTITUTIONAL & EDUCATIONAL USES
Cemetery, mausoleum C C C C C C C
Charitable/public service
organization

C C C C C C C
Churches and religious institutions C C C C C C C
Club or lodge (public or private) C C C C C C C
Community or senior center C C C C C C C
Education – preschool C C C C C C C
Education – K-12 (private) C C C C C C C
Education – college or university C C C C C C C
Education – trade or technical school C C C C C C C
Library C C C C C C C
Museum C C C C C C C

SERVICES
Ambulance/medical transport C C C C C C C
Bed & Breakfast P P C C C --- ---
Community and recreation centers --- --- P P P P P
Fire station C C C C C C C
Police station/sub-station C C C C C C C
Produce stand (temporary) T T --- --- --- --- --- See 17.40.280B.2.e Public agency or public utility
facilities

C C C C C C C

AGRICULTURAL USES
Community gardens C C C C C C C See 17.40.070
Horse stables/ranch C --- --- --- --- --- ---
Large animals P1 --- --- --- --- --- --- See 17.40.050

Notes:
1) In conjunction with primary permitted use.

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TABLE 2-3
PERMITTED LAND USES:

RESIDENTIAL ZONES
P
C
T
---

Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use
Regulations Land Use Type R-R R-E R-1-10 R-1-8 R-1-6 R-2 R-3

RECREATION & OPEN SPACE USES
Athletic/Health club, gyms (indoor) --- --- --- --- --- C C Athletic/Health club, gyms (outdoor) --- --- --- --- --- C C Community recreation facilities --- --- P P P P P
Country club P P C C C C C
Golf course or driving range --- --- C C C C C
Public parks/playgrounds --- --- C C C C C
Swimming pools (public) --- --- C C C C C

TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE USES
Antennas/wireless communication
facilities
C C C C C C C See 17.42
Communications transmitter or
receiver
--- --- C C C C C
Monopole communications tower C C C C C C C See 17.42
Radio, television, communications,
receiver, transmitter
C C C C C C C See 17.42
Transmission lines, towers, poles,
pipelines (operated under CPUC)
P P P P P P P See 17.42
Utility substation C C C C C C C

ACCESSORY USES
Accessory structures1 P P P P P P P See 17.40.020
Animal Boarding – Kennels1 C See Title 6
Breeding domestic pets1 C See Title 6
Cargo containers (used as storage) --- --- --- --- --- T T See 17.40.270 &

17.40.280.B.1c
Home Occupation1 P P P P P P --- See 17.40.130
Household pets (no more than 6)1 P P P P P P P See 17.90 Pool bathroom1 P P P P P P P See 17.90
Temporary produce stand --- --- --- --- --- T T
Temporary tract sales office --- --- T T T --- --- See 17.40.280

17.22.065 Residential Zone Development Standards
New structures, alterations to existing structures, and any other improvements to properties in the Residential zones shall be designed, constructed, and/or established in compliance with the requirements in Table 2-4, Development Standards for Single Family Residential Zones, and Table 2-5, Development Standards for Multifamily Residential Zones.

TABLE 2-4

DEVELOPMENT STANDARDS
SINGLE-FAMILY RESIDENTIAL ZONES1
Development Standard R-R R-E R-1-10 R-1 8 R-1-6 Additional Requirements
Lot Standards
Minimum Lot Area (sq. ft.) 20,000 12,000 10,000 8,000 6,000 Minimum Lot Area (sq. ft.)
per Dwelling Unit (du)
1 du/lot 1 du/lot 1 du/lot 1 du/lot 1 du/lot
Minimum Lot Width 85 ft. 70 ft. 65 ft. 60 ft. 60 ft.

Minimum Corner Lot Width 90 ft. 75 ft. 70 ft. 65 ft. 65 ft.

Minimum Cul-de-Sac
Lot Width at Front Property
Line
40 ft. 40 ft. 35 ft. 35 ft. 35 ft.

Minimum Setbacks
Front 35 ft. 25 ft. 20 ft. 20 ft. 20 ft.

Side - Interior 15 ft. 5 ft. 5 ft. 5 ft. 5 ft.

Side – Street 20 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Rear 15 ft. 15 ft. 15 ft. 15 ft. 15 ft.

Rear – Through Lot 25 ft. 25 ft. 20 ft. 20 ft. 20 ft.

Minimum Distance
Between Main Structures
10 ft. 10 ft. 10 ft. 10 ft. 10 ft.

Minimum Distance
Between Main &
Accessory Structures

6 ft.

Minimum Distance
Between Residential &
Livestock Structures
100 ft. N/A N/A N/A N/A
Building Massing
Maximum Height/Stories 35 ft/3 35 ft/3 35 ft/3 35 ft/3 35 ft/3 Fence/Wall Height
Within Front Setback 4 ft. 4 ft. 4 ft. 4 ft. 4 ft. See 17.30.030 Within Side/Rear Setback 7 ft. 7 ft. 7 ft. 7 ft. 7 ft. See 17.30.030 Yard Encroachments
Eaves & Cornices –
Projection into any Setback
3 ft. 3 ft. 3 ft. 3 ft. 3 ft. See 17.30.120
Open, Unenclosed, Covered
Porches or Patios in Front or
Rear Yards Only
Up to
6 ft.

Up to
6 ft.

See 17.30.120
Carports & Garages with
alley access.1
10 ft.1 10 ft.1 10 ft.1 10 ft.1 10 ft.1 See 17.30.120

Notes:
1) Maximum encroachment provided there is a minimum 25 foot clear back-out distance.

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TABLE 2-4

DEVELOPMENT STANDARDS

SINGLE-FAMILY RESIDENTIAL ZONES
Development Standard R-R R-E R-1-10 R-1 8 R-1-6 Additional Requirements
Accessory Structures
Setbacks – Side & Rear 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. See 17.40.020 Setback – Street Side 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. See 17.40.020 Setback - Carport/Garage
at Alley1
5 ft.1 5 ft.1 5 ft.1 5 ft.1 5 ft.1 See 17.40.020
Stories/Height (ft.) 2/24 2/24 1/12 1/12 1/12 See 17.40.020

Notes:
1) Where alley width is less than 20 feet, additional setback required to provide 25 foot clear back-out distance.

TABLE 2-5

DEVELOPMENT STANDARDS
MULTIFAMILY RESIDENTIAL ZONES1/2
Development Standard R-2 R-3 Additional Requirements
Lot Standards
Minimum Lot Area (sq. ft.) 6,000 6,000
Maximum Density 1 unit per 3,000
sq ft of lot area
1 unit per 1,500
sq ft of lot area

Minimum Density 1 unit per 4,500
sq ft of lot area
1 unit per 2,500
sq ft of lot area

Minimum Lot Width 60 ft. 60 ft.

Minimum Corner Lot Width 65 ft. 65 ft.

Minimum Cul-de-Sac
Lot Width at Front Property
Line
40 ft. 40 ft.

Minimum Setbacks
Front 20 ft. 20 ft.

Side – Interior 5 ft. 5 ft.

Side – Street 10 ft. 10 ft.

Rear 15 ft. 15 ft.

Rear – Through Lot 20 ft. 20 ft.

Minimum Distance
Between Main Structures
10 ft. 10 ft.

Minimum Distance
Between Main &
Accessory Structures

6 ft.

Minimum Distance
Between Residential &
Livestock Structures
30 ft. 30 ft.

Building Massing
Maximum Height 35 ft. 45 ft.

Maximum Stories 3 4

Notes:
1) See Section 17.40.170 for additional Multifamily Development Standards

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TABLE 2-5
DEVELOPMENT STANDARDS1/2

MULTIFAMILY RESIDENTIAL ZONES
Development Standard R-2 R-3 Additional Requirements
Fence/Wall Height
Within Front Setback 4 ft. 4 ft. See 17.30.030
Within Side/Rear Setback 7 ft. 7 ft. See 17.30.030
Yard Encroachments
Eaves & Cornices –
Maximum Projection into
any Setback
3 ft. 3 ft. See 17.30.120
Open, Unenclosed, Covered
Porches or Patios in Front or
Rear Yards Only
Up to 6 ft. Up to 6 ft. See 17.30.120
Accessory Structures
Setbacks – Side & Rear 3 ft. 3 ft. See 17.40.020
Setback – Rear at Alley 5 ft. 5 ft. See 17.40.020
Setback – Street Side 6 ft. 6 ft. See 17.40.020
Maximum Floor Area See Section 17.40.020
Stories/Height (ft.) 1/12 1/12 See 17.40.020
Notes:
1) It is the property owner’s responsibility to verify location of all property lines and any easements. 2) See Section 17.40.170 for additional Multifamily Development Standards

17.22.070 Commercial and Industrial Zone Uses
The land uses allowed in each zoning district are listed in Table 2-6, together with the type of planning permit required for each use.

Allowable uses for each zone are established by letter designations as follows:

1. “P” represents permitted (allowed) uses;

2. “C” designates uses that are allowed with a Conditional Use Permit (CUP);

3. “T” designates uses requiring approval of a Temporary Use Permit (TUP); and

4. “ ---“ designates uses that are not permitted in the zone.

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TABLE 2-6
PERMITTED LAND USES:

COMMERCIAL & INDUSTRIAL
ZONES
P
C
T
---
Permitted Use
Conditional Use Permit
Temporary Use Permit
Use Not Allowed
Allowable Uses By District Specific Use
Regulations Land Use Type C-N C-O C-D C-R C-H C-S I-L I-H

AUTOMOTIVE USES
Auto dismantling/wrecking --- --- --- --- --- --- C P
Auto leasing --- --- --- P --- P P ---
Auto oil & lube shop C --- --- P P P --- ---
Auto repairs, major/body
work/painting
--- --- --- C --- P P ---
Auto sales & service --- --- --- P P P --- ---
Auto upholstering --- --- --- --- --- P P ---
Car wash C --- --- P P P --- ---
Tire sales & service --- --- C P P P --- ---

BUSINESS, FINANCIAL AND PROFESSIONAL
Automated Teller machines (ATMs) P P P P P P --- ---
Financial institutions P P P P --- P --- ---
Offices, business and professional P P P P --- P --- ---

EATING & DRINKING ESTABLISHMENTS
Bars, taverns --- --- C C C C --- --- See 17.40.040
Bars, taverns, with food service --- --- P P P P --- --- See 17.40.040 Restaurant – fast food P C P P P --- P ---
Restaurant – fast food with drive-thru C --- C P P --- P --- See 17.40.100 Restaurant, Café, Coffee Shop P C P P P P --- ---
Restaurant – full or limited bar service C --- P P P P --- --- See 17.40.040

EDUCATIONAL USES
Business school C P P P P --- --- ---
College or university C P P P --- --- --- ---
Driving school P P P P --- P P ---
Performing arts school P P P P --- P P ---
Schools K-12 (private) --- C C C --- --- --- ---
Trade and vocational schools --- C P P --- P C ---
Tutoring & Education Centers P P P P --- P --- ---

Zoning District Symbols
C-N Neighborhood Commercial C-H Highway Commercial
C-O Professional Office C-S Service Commercial
C-D Central Business District I-L Light Industrial
C-R Commercial Retail I-H Heavy Industrial

Notes:
1) In conjunction with primary permitted use.

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TABLE 2-6
PERMITTED LAND USES:

INSTITUTIONAL USES
Art gallery --- P P P --- --- --- ---
Auditorium – public --- --- P P --- --- --- ---
Cemetery, mortuary, crematory --- --- --- C --- --- C --- Charitable organization --- P P P --- P P ---
Church/religious institution --- C C C --- C --- ---
Club or lodge --- C C C --- C --- ---
Public utility facilities excluding
wireless communication facilities

P P P P P P P P

INDUSTRY, MANUFACTURING, PROCESSING & WAREHOUSING
Building and Construction
Building materials yard --- --- --- --- --- P P P See 17.40.270 & 17.30.080
Cabinet maker, carpentry --- --- --- --- --- P P P
Concrete batch plant --- --- --- --- --- C P P
Metal fabrication --- --- --- --- --- P P P
Chemical Products
Agriculture chemicals --- --- --- --- --- --- --- P
Industrial chemicals & gasses --- --- --- --- --- --- --- P Paint, dyes & glue manufacturing --- --- --- --- --- --- --- P Pharmaceuticals --- --- --- --- --- --- C P
Food, Beverage
Processing/Distribution Indoor only

Beverage bottling & distribution --- --- --- --- --- C P P Breweries & wineries --- --- --- --- --- C P P
Commercial bakeries --- --- --- --- --- P P P
Food processing/canning --- --- --- --- --- --- C P
Grain, feed & flour mills --- --- --- --- --- --- C P
Meat & poultry processing/slaughter --- --- --- --- --- --- --- C Recycling Facilities
Heaving processing --- --- --- --- --- C P P See 17.46
Light processing --- --- --- --- --- P P P See 17.46
Large collection --- --- --- --- --- C P P See 17.46
Small collection --- --- --- --- --- P P P See 17.46
Reverse vending machine P --- --- P --- P P --- See 17.46 Home hazardous waste collection --- --- --- --- --- P P P See 17.46 Miscellaneous
Heavy manufacturing/assembly --- --- --- --- --- --- C P Light manufacturing/assembly --- --- --- --- --- C P P
Printing & publishing --- --- --- --- --- P P P
Raw materials manufacturing --- --- --- --- --- --- --- P Warehouse storage/mini-storage --- --- --- C --- P P P See 17.40.140

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TABLE 2-6
PERMITTED LAND USES:

MEDICAL-RELATED & CARE USES
Ambulance service --- P --- P P P P ---
Day care, general P P P --- --- --- --- ---
Chiropractors P P P P --- P --- ---
Clinics P P P P --- --- --- ---
Convalescent hospital --- C C C --- --- --- ---
Counseling P P P P --- P --- ---
Hospice offices / inpatient care --- P --- --- --- --- --- --- Hospital – general --- C C --- --- --- --- ---
Medical equipment & supplies --- --- P P --- P --- ---
Medical offices – general P P P P --- --- --- ---

RECREATION & ENTERTAINMENT USES
Amusement park --- C C C C
Bowling alleys --- --- P P --- P --- ---
Circus, carnivals, fairs, festivals T T T T T T T T See MC 5.48 Community recreation facility P P P P --- --- --- ---
Event center/ballroom --- --- P P --- --- --- ---
Golf course / driving range --- --- --- P P --- C ---
Health/fitness centers /Gym P --- P P --- P C ---
Night Club --- --- C C --- --- --- --- See 17.90
Pool hall & billiards --- --- P P --- P ---
Race track, auto/motorcycle/horse --- --- --- --- C --- C --- RV park and campgrounds --- --- --- --- C --- C ---
Shooting range/gun club --- --- --- C C --- C ---
Skating rink --- --- C P --- C C ---
Theaters, movie/live --- --- P P --- --- C ---

RESIDENTIAL USES
Boarding or rooming house --- --- C --- --- --- --- --- Duplex --- C C --- --- --- --- ---
Emergency Shelters --- --- --- P --- P --- --- See 17.40.110 Manager/caretaker quarters C C C C --- C --- --- See 17.90 Multifamily --- C C --- --- --- --- --- See 17.40.170
Retirement/rest home --- C C --- --- --- --- ---
SRO (single room occupancy) --- --- C --- --- --- --- --- See 17.40.260 Supportive housing --- C C --- --- --- --- ---
Transitional housing --- C C --- --- --- --- ---

Notes:
1) In conjunction with primary permitted use.
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TABLE 2-6
PERMITTED LAND USES:

RETAIL USES
Alcohol Beverage Sales
Liquor, off-sale C --- C C C C --- --- See 17.40.040
Off-sale, accessory to primary use C --- C C C C --- --- See 17.40.040 On-sale, accessory to food service --- --- P P P P --- --- See 17.40.040 On-sale, bar, tavern --- --- C C C C --- --- See 17.40.040 Grocery, market, food stores
Convenience store P --- C P P P --- --- See 17.40.080
Super market, grocery P --- C P --- C --- ---
Miscellaneous Retail
Department store P --- P P --- --- --- ---
Hardware, home improvement store P --- C P --- P --- --- Nurseries, garden center P --- C P --- P --- ---
Retail sales – general P --- P P P P --- ---
Second hand merchandize --- --- C C --- P P ---
Vehicle sales, new & used --- --- --- P P P --- ---

SERVICE USES
Animal boarding, kennels --- --- --- --- --- C P P See 17.40.050 Animal hospital / Vet Clinic --- --- C C --- P P ---
Cleaners/laundromat P --- P P --- P --- ---
Hotels, motels, inns --- --- P P P --- --- ---
Maintenance & repair services --- --- --- P --- P P --- Personal services - General P P P P --- P --- --- See 17.90 Personal services - Restricted --- --- C C --- C --- --- See 17.90 Printing & duplicating services P P P P --- P P ---
Real estate services P P P P --- P P ---
Warehouse storage/mini storage --- --- --- --- --- P P P See 17.40.140 Vehicle Services & Repair
Service/fueling station C --- --- P P P P --- See 17.40.250 Vehicle washing/detailing C --- --- P P P --- ---

TRANSPORTATION, COMMUNICATION & INFRASTRUCTURE
Antennas/wireless communication
facilities
--- --- C C C P P --- See 17.42
Electric vehicle charging stations --- --- P P P P P P
Parking facility --- --- C C C P P P
Radio, television transmitter facilities --- --- C C C P C P See 17.42 Transit station or terminal --- --- C C C P P P
Utility structures & service facilities --- --- C C C C C C

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TABLE 2-6
PERMITTED LAND USES:

RESOURCE MANAGEMENT USES

Mineral exploration --- --- --- --- --- --- --- C See 17.44 Mining & mineral extraction --- --- --- -- --- --- --- C See 17.44 Oil & gas exploration/production --- --- --- --- --- --- C C See 17.45 Rock aggregates crushing/processing --- --- --- --- --- --- C P Solar energy electrical array --- --- --- --- --- --- P P Waste to energy facility --- --- --- --- --- --- --- P

OTHER USES
Agriculture Uses
Animal auction yard --- --- --- --- --- --- --- P
Community garden C C C --- --- --- --- --- See 17.40.070 Farmers market T C T T T C --- ---
Grain elevators/silos --- --- --- --- --- --- --- P
Greenhouses, commercial --- --- --- --- --- --- C P
Accessory Uses
Cargo containers used as storage T T T T T T T T See 17.40.270 Christmas tree lots --- --- T T --- --- --- --- See

17.40.280.A.4
Household pets (up to 6) --- P P --- --- --- --- ---
Equipment & material storage yard --- --- --- --- --- C P P See 17.40.270 Outdoor Collection Bins --- --- --- --- --- P P P

17.22.075 Commercial and Industrial Zone Development Standards New structures, alterations to existing structures, and any other improvements to properties in the Commercial and Industrial zones shall be designed, constructed, and/or established in compliance with the requirements in Table 2-7, Development Standards for Commercial and Industrial Zones.

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TABLE 2-7

GENERAL DEVELOPMENT STANDARDS

COMMERCIAL & INDUSTRIAL ZONES
Development
Standard
C-N C-O C-D C-R C-H C-S I-L I-H Additional
Requirements

Lot Standards
Minimum Lot Area (s. f.) 6,000 6,000 None 7,500 7,500 6,000 None None Minimum Lot Area (s. f.)
per Dwelling Unit (du)
N/A 1,500 1,500 N/A N/A N/A N/A N/A
Minimum Setbacks
Front 20’ 20’ 15’ 20’ 20’ 5’ 20’ 15’ See Subsection

17.24.040.D,
Setbacks
requirements in
Downtown
Historic District
Side – Interior 5’ 5’ 0’ 0’ 5’ 0’ 0’ 0’
Side – Street 10’ 10’ 10’ 0’ 10’ 5’ 0’ 0’
Rear 15’ 15’ 5’ 15’ 15’ 5’ 15’ 0’
Rear – Through Lot 20’ 20’ 15’ 20’ 20’ 5’ 20’ 15’
Separation between
Residential/Non-
residential Structures
10’ 10’ 0’ 20’ 20’ 25’ 25’ 25’
Building Massing
Maximum Height 50’ 45’ 45’ 45’ 35’ 45’ 75’ None
Maximum Stories 3 4 4 4 3 4 6 None
Maximum FAR1 0.5 0.6 1.0 0.6 0.5 0.5 1.0 2.0

Notes:
1) Floor Area Ratio.

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Chapter 17.24 – Special Purpose & Combining Districts & Standards

Sections:

17.24.010 Drilling Island Zone

17.24.020 Specific Plan Combining District

17.24.030 Airport Approach Combining District

17.24.040 Historic Downtown Combining District

17.24.050 Precise Development Combining District

17.24.060 Cluster Combining District

17.24.070 Geologic Hazard Combining District

17.24.010 Drilling Island Zone.

A. Purpose
The purpose of the Drilling Island (D-I) zone is to designate single lots and other relatively small areas within the boundaries of final map subdivisions that contain productive or potentially productive petroleum resources to promote the development of such resources in a manner compatible with surrounding development. (Ord. 486 §1 (Exh. A (part)), 2003).

B. Permitted Uses and Permit Requirements
Extraction of petroleum mineral resources and all other uses determined to be similar to this use pursuant to Section 17.52.030 are permitted in accordance with the standards and procedures set out in Chapter 17.45, Oil and Gas Production, of this title. (Ord. 486 §1 (Exh. A (part)), 2003).

C. Uses permitted with a Conditional Use Permit.

1. Drilling of new well or re-working of existing well that is not in compliance with Section 17.45.

2. Recreation, Entertainment and Tourist Facilities.
a. Park or playground.

3. Miscellaneous Uses.
b. Subdivision drainage sump, provided that written consent be given by mineral rights holder. (Ord. 486 §1 (Exh. A (part)), 2003).

D. Development Standards.

The following general development standards, Table 2-8, apply to the D-I zone as well as all development standards and performance standards contained in Section

17.45, Oil and Gas Production.

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TABLE 2-8

GENERAL DEVELOPMENT STANDARDS

DRILL ISLAND ZONE
Development Standard Requirement Additional
Requirements

Lot Standards
Minimum Lot Area 2.5 acres
Minimum Production Site Area 1.0 acres See Section

17.45.040
Parking No minimum requirements
Minimum Setbacks
Well, storage tank or production
facility
500’ from off-site buildings including dwellings
1000’ from schools, churches or places of assembly
See Section

17.45.040
Well 100’ from any public right-of-way
Structure Height
Exploration and drilling equipment No height limit
Well pumping units 35’

17.24.020 Specific Plan Combining District.

A. Purpose
The purpose of the Specific Plan (S-P) Combining District is to provide for 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 usable open space while at the same time preserving the public health, safety and welfare. (Ord. 486 §1 (Exh. A (part)), 2003).

B. Permitted Uses and Permit Requirements
Any use consistent with the General Plan land use designation which is applicable to the subject property and which will not be in conflict with the public health, safety and welfare. Although the overlay is combined with a base zone, once applied, uses and development requirements shall be consistent with the approved Specific Plan permit.

Specific Plan permit requirements are outlined in Section 17.52.070.

C. Development Standards.

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. The following general development standards apply within the S-P Combining District.

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TABLE 2-9

GENERAL DEVELOPMENT STANDARDS

SPECIFIC PLAN COMBINING SISTRICT
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

D. Specific Plan Combining District Procedures
A Specific Plan District may be initiated by the city, or the property owner or an authorized representative. An S-P District shall be established by ordinance in accordance with the procedures set out in Chapter 17.76. Development within an S-P zone shall require a Specific Plan permit for which an application shall be submitted concurrently with an S-P Combining District request. An application shall include all the information required by Section 65450 of the California Government Code, including, but not limited to the following:

1. Name(s) and address(es) of applicant(s);

2. Name(s) and address(es) of property owner(s);

3. APN (Assessor’s Parcel Number);

4. Legal description of property;

5. Preliminary Title Report not more than 6 months old;

6. A site plan drawn at the scale specified by the planning director which includes the following information:
a. Topography of the lot(s),
b. Proposed street system and parking areas,
c. Location of all buildings,
d. Location of all proposed use areas,
e. Proposed setbacks,
f. Areas to be used for parks, schools, public or quasi-public buildings, g. Proposed landscaping,
h. Water supply and distribution,
i. Sewage disposal system,
j. Drainage system,
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k. North arrow;

7. Acres of each proposed land use;

8. Number of dwelling units per acre (if applicable);

9. A narrative description of the proposed development including:
a. An explanation of the proposed deviations from the standards which would otherwise apply to the proposed uses and why the deviations are necessary or desirable.

10. Phasing or development schedule.

17.24.030 Airport Approach Combining District.

A. Purpose
The purpose of the Airport Approach (A-A) Combining District is to minimize aviation hazards by limiting the height of buildings and structures and limiting dwelling unit and population density in the adopted airport compatibility zones around airports and airfields in conformance with the Kern County Airport Land Use Compatibility Plan. (Ord. 486 §1 (Exh. A (part)), 2003).

B. Permitted Uses and Permit Requirements
Uses permitted or conditionally permitted by the base zone with which the A-A District is combined, and which are not in conflict with the requirements of the Kern County Airport Land Use Compatibility Plan.

C. Development Standards.

The following general development standards apply within the A-A Overlay zone.

TABLE 2-10

GENERAL DEVELOPMENT STANDARDS

AIRPORT APPROACH COMBINING DISTRICT
Development Standard Requirement Additional
Requirements

Lot Standards
Density Per the requirements of the base zone and the Kern County Airport Land Use Compatibility Plan

Minimum Lot Area
Per the requirements of the base zone Parking
Landscaping
Minimum Setbacks
Front
Side
Rear

Per the requirements of the base zone

Structure Height
Height Per the requirements of the base zone
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17.24.040 Historic Downtown Combining District.

A. Purpose and Applicability
The purpose of the Historic Downtown (H-D) Combining district is to facilitate protection and revitalization of the downtown and the historic structures, sites and buildings within the designated historic district area, and to implement the policies and requirements of the Historic Downtown Policy and Design Plan.

The general boundaries of the Historic Downtown Combining District are described as follows and are more precisely shown on Fig. 2-1.

1. Western district boundary follows Griffith from the 7 th Place south of 7th Street to
the alley north of 7th street.

2. Northern district boundary follows the alley north of 7th Street from Griffith, east to D Street, jogs north to 6th Street, follows 6th Street east to the alley between F and G Streets, then jogs south along the alley between F and G Streets, excluding the southeast corner lot between F St and the alley, and then jogs east between 6th and 7th Streets to the BNSF right-of-way.

3. Eastern district boundary follows the BNSF right-of-way south to 8th Street.

4. Southern district boundary follows 8th Street west from the BNSF right-of-way to D Street, jogs north along D Street to 7th Place, then follows 7th Place west and jogs north half way between D Street and Broadway to the alley south of 7th Street, and then follows the alley west to Broadway. At Broadway the boundary runs south back to 7
th Place then west to Griffith.

The Historic Downtown District is combined with the underlying Central District (C-D) base zone which applies throughout the Historic Downtown District. For purposes of identification, the established C-D zoning district shall be suffixed with the zoning notation of the Historic Downtown district with which it is combined (C-D-H-D).

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Figure 2-1
Historic Downtown (H-D) Combining District Boundaries

B. Permitted Uses and Permit Requirements

Uses permitted or conditionally permitted by the C-D base zone (see Table 2-6), except for the following use requirements.

1. Any use requiring the issuance of an Alcoholic Beverage Control license, except as otherwise exempted in this Section shall be subject to a CUP.

2. Sit-down restaurants whose main function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary shall be exempt from the requirement of a CUP.

3. New wireless communication towers, water towers, and other above-ground utilities shall require a CUP.
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Any person, party or organization wishing to rehabilitate, renovate, alter, reconstruct, paint, enlarge or demolish an existing building; or construct a new building, parking lot or other type of structure in the H-D district shall submit a Design Review application to the Planning Department. The application shall contain the following, however Planning Staff shall determine what information requirements are applicable for each proposed improvement and may determine that not all requirements listed below are necessary.

1. Site Plan.

A site plan drawn to scale showing the location of buildings, parking, landscaping and any other proposed or existing structure, exterior boundaries and dimensions of the entire property that is the subject of the application. The scale of the drawing shall be shown on the site plan.

2. Elevation Drawings.

Elevation drawings shall be provided for views of all exterior wall surfaces to receive treatment or enhancement. Drawings shall be scaled and shall have materials and treatments identified by reference notes that clearly indicate the nature and extent of the work to be completed. Elevation drawings shall include side views or cross- sections of features associated with the project’s appearance, including awnings, marquees, projecting signs and landscaping.

3. Samples.

The applicant shall submit material samples, color chips, or other supporting literature to better illustrate the nature of the proposed color scheme, textures and materials.

4. Landscaping Plan (if applicable).

The location and extent of landscaping shall be shown, including plant species and container size, and irrigation and hardscape plans.

5. Signs & Murals.

The location, type and size of all proposed signs and/or murals shall be shown.

6. Outdoor Lighting.

Plans shall show the location, type and size of proposed outdoor lighting.

C. Prohibited Uses

The following uses, which are more fully defined in Zoning Code Chapter 17.90, Definitions, are prohibited in the H-D district:

1. Adult-oriented businesses,
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2. Smoke Shops,

3. Internet Café or Cyber Cafe,

4. New vehicle oriented uses including uses incorporating drive-through windows, service bays, and other similar design features where vehicles must cross a sidewalk for access. Expansion of existing uses incorporating vehicle-serving design features shall require a Conditional Use Permit.

5. Sidewalk sales and/or display of merchandise are strictly prohibited within the public right-of-way unless otherwise approved and permitted by the provisions of Municipal Code Chapter 5.40, Business Use of Sidewalks. In no case shall any sidewalk sale or display exceed 72 hours in duration.

6. Vending machines (both mechanical and electrical) are prohibited within the public right-of-way (street and sidewalk) except for vending machines dispensing written public information (newspapers).

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D. Development Standards.

The development standards of the Historic Downtown Overlay shall supplement and supersede the regulations of the underlying base zoning district and take precedence in the case of conflict. For all regulations not specifically addressed by this section, the regulations of the underlying zoning district shall remain in effect. These regulations shall be used in conjunction with the Historic District design guidelines contained in the Historic Downtown District Policy and Design Plan (bound separately). The following general development standards apply within the H-D Overlay zone.

TABLE 2-11

GENERAL DEVELOPMENT STANDARDS

HISTORIC DOWNTOWN COMBINING DISTRICT
Development Standard Requirement Additional
Requirements

Lot Standards
Minimum Lot Area None
Density 1,500 sq. ft. of lot /dwelling unit
Minimum Setbacks
Front
Side
Rear

0’
See 7th Street front
setback
requirements
7th Street First floor must be built at the front property line adjacent to 7th street and to the street property line on intersecting side streets from 7th Street to the first alley. The setback may be increased up to ten (10) feet to provide outdoor dining areas, courtyards, or other similar pedestrian features, as approved by the Planning Director

Structure Height
Height 45’ See Section

17.24.040 D Permit
Procedures
Number of Stories 4
Parking
Bldgs. within 400’ of public
parking lots
No on-site parking required
Bldgs. Greater than 400’ of
public parking lots
New development shall meet the requirements of
Chapter 17. 36, Parking

Residential parking Required per Chapter 17. 36, Parking Parking exceptions Where on-site parking is required, the Planning Director may reduce the number of spaces required per Chapter

17.36, based upon satisfactory evidence as determined by the Director. Immediately adjacent on-street parking may be counted as a part of the use’s parking requirement

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E. Signs

1. Sign Requirements - General
a. No sign, including copy change, or temporary sign shall be constructed, displayed or altered without a sign permit approved by the Planning Director.
b. All signage, pictures, embellishments, logos, and similar illustrative items are subject to the sign requirements of Chapter 17.38, Signs, the requirements of this Section, and any additional guidelines contained within the Historic Downtown District Design Guidelines. In the case of conflict between the sign provisions of Chapter 17.38 and the sign provisions of this Section 17.24.040, the provisions of this Section shall take precedence.
c. Copy change of existing cabinet signs is prohibited. Any copy change of existing signs will require new signage design consistent with the requirements of Chapter 17.38.
d. The purpose of signage shall be to advertise the name of the business on- site, the business address, and logo if applicable.

2. Wall Sign Requirements
a. Wall sign area shall be limited to one (1) sq. ft. of area for each lineal foot of building frontage occupied by the business for which the sign is intended.
b. Wall signs shall be located above the first floor door and window line and below the cornice, parapet, or roofline. Wall signs shall be placed flat against the wall on the elevation of the building facing the public street, and shall be centered on the elevation and/or between repetitive architectural details.
c. Businesses in buildings on corners shall be allowed one sign per street frontage. No sign or sign area allowed on one frontage shall be transferred to another frontage.
d. Signs shall consist of three-dimensional individual letters and may be either internally or externally illuminated. Electrical raceways shall be kept as small as possible, shall not extend beyond the outside edges of the sign copy, and shall be painted to match the color of the background on which they may be placed.

Two-dimensional professionally designed and painted signs on flat mounting materials may be mounted on building elevations facing the street with approval from the Planning Director.

e. Where wall signs are proposed to be externally illuminated, visible light fixtures shall be architecturally consistent with the style and character of the building.

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3. Hanging and Projecting Sign Requirements

a. Hanging signs shall only be placed below an awning and shall have eight (8) feet of clearance from sidewalk to bottom of sign.
b. Projecting signs shall be wall mounted, can project a maximum of three (3) feet over the pedestrian right-of-way, and shall have eight (8) feet of clearance from the sidewalk to the bottom of the sign.
c. Hanging and projecting signs shall have a maximum area of six (6) sq. ft. d. Hanging and projecting signs shall not be internally illuminated.

4. Window Sign Requirements

a. Window signs shall not exceed a total of 25% window coverage and are allowed on first floor windows only.
b. Window signs shall be painted or mounted on the inside of doors or windows except for allowed temporary signs.
c. Fluorescent paint is prohibited on windows for any temporary or permanent window sign.
d. Seasonal window displays for U.S. recognized holidays and City recognized events are allowed up to 30 days before and 10 days after the scheduled event/holiday. Seasonal display window coverage shall not exceed a total of 50% first floor window coverage. Such displays do not require a sign permit.

5. Historical Character Signs

a. The following signs are exempt from the wall, hanging or projecting sign provisions of this Chapter as they are recognized for their historical character:
• Wasco Liquor corner-mounted sign;
• McCafferties Cleaners roof mounted sign;
• Hoyett’s roof-mounted sign;
• Fiesta Latina Market pole sign, and
• Plaza Hotel projecting sign

These signs shall not be removed or altered without a Historic District Design Review Permit.

6. Temporary Signs

a. Temporary Signs shall be allowed for promotional events such as a new business opening and change of business ownership or management, and shall be allowed for a maximum period of 30 days four times per year. b. A Temporary Sign permit shall be approved by the Planning Director before the placement of any temporary promotional signs. 186 of 507
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c. Temporary signs shall be placed in the window area of the business, not to exceed 25% of the window area.
d. Temporary signs shall not be illuminated.

7. Monument Signs
a. Monument signs shall be limited to one monument sign per parcel. b. Monument signs shall not exceed 24 sq. ft. and four (4) feet in height. c. Monument signs may be internally lit or flood-lit from the base. d. Monument signs shall have a four (4) foot setback from street rights-of- way.

8. Prohibited Signs

a. Pole signs are prohibited in the H-D District.

F. Murals

1. Murals - General

a. “Mural” means a painting or artwork temporarily or permanently affixed to a building wall, distinguished from signage in that it does not advertise a business, commercial endeavor or product, or any logo, trademark, trade name or other commercial message for anything sold or offered on the site or off-site
b. Murals shall only be permitted on the side or rear walls of buildings. c. Murals shall only be allowed on building walls that do not contain signs or other types of advertising.
d. No part of a mural shall exceed the height of the wall to which it is painted or affixed.
e. No part of a mural shall extend more than six (6) inches from the wall plane to which it is painted or affixed.
f. No part of a mural shall be illuminated or contain electrical or mechanical components, or changing images, or automated methods that result in movement, the appearance of movement, or change of mural image or message.
g. Materials utilized in painting a mural or in creating digitally printed image murals shall have proven durability and shall be maintained or removed if not maintained.
h. Murals should emphasize the history, geography, flora, fauna, culture or heritage of Wasco.
i. The emphasis of murals should be on “artistic expression” and should not espouse a particular religious, political or ideological viewpoint. j. Murals shall require a permit application through the Planning Department and will require final authorization by the Wasco City Council. Permit 187 of 507
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application shall require written permission from the building owner where the mural is proposed to be placed.

G. Design Elements

1. Building Design Requirements

a. Brick street facades shall not be covered with paint, metal or wood siding, or any other material that hides the original brick material. b. Replacement windows shall always fill the entire opening and duplicate the original window pattern.
c. Security grills and/or bars, either fixed or sliding, are prohibited on the exterior of doors and windows on the front or side elevation of structures adjacent to streets and/or pedestrian alleys.
d. In any rehabilitation of the exterior of an existing brick façade, architectural details shall be restored to match the original façade design. e. Storefront construction shall be a minimum 60% transparent and a maximum of 85% transparent.
f. Paint is considered an exterior alteration and paint color shall be approved by the Planning Director prior to the improvement. No bright, exceedingly brilliant or glowing colors, and/or fluorescent paints shall be used.

2. Awnings and Canopy Requirements

a. Awnings shall be provided over all windows and doors on new and substantial remodel projects.
b. Awnings shall be located below the cornice and roof lines of a structure. c. Awning width shall match the window or door width over which it will be placed. Continuous awnings spanning over multiple windows and/or doors are prohibited.
d. Awnings may project over the public sidewalk area up to five (5) feet, but not within three (3) feet from face of curb.
e. Minimum vertical clearance of an awning shall be eight (8) feet from the sidewalk.
f. Awning materials shall be fabric. Plastic, vinyl, and/or metal awnings are prohibited.
g. Awning colors shall not be the same color as the body of the structure they are attached to.
h. Where canopies exist as part of the original design of the building they shall be maintained in their original form and finish.
i. New canopies, when added to older buildings, shall be consistent with the style, materials and colors of the existing structure.

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3. Fences and Wall Screening Requirements

a. All fences and walls parallel and/or adjacent to any street right-of-way (sidewalk line) shall be no taller than six (6) feet from the highest adjacent finished grade. Said walls and/or fences (except along alleys) shall be no less than 50% transparent by using a combination of wrought iron and masonry/stone pilasters, or wrought iron/masonry half-walls. b. Fence and wall materials and finishes shall be limited to concrete or plaster with smooth or lightly textured finishes, wrought iron, split-face block, new or used brick, cut or carved stone, or other natural materials as approved by the Planning Director. Split-face block, brick, stone or other natural materials shall not be painted.

4. Landscaping Requirements

a. Street trees within the public right-of-way along 7th Street shall be maintained by the City. No business or property owner fronting 7th Street shall plant, alter, remove or replace any street tree on 7th Street without prior approval of Planning and Public Works Departments. Planters and irrigation shall be provided and constructed by the project applicant for all new and/or substantial remodel projects.
b. Parking lots shall be screened from public streets with landscaping and/or a co
mbination of wall and landscaping as approved by the Planning Director.
c. Landscaping shall conform to the provisions of Section 17.34.030 unless otherwise modified by the Planning Director or by the design guidelines within the Historic Downtown District Policy and Design Guidelines Plan.

5. Design Guidelines

In addition to the development regulations contained in this Chapter, design guidelines for the Historic Downtown District have been incorporated into the separate Historic Downtown Policy and Design Plan document which should be used in conjunction with these development standards. The design guidelines, along with the policy direction within the guidelines document, provide an added level of definition for the intended development character within the Historic Downtown District.

6. Parking Location and Access
a. Parking lots shall be located as much as possible to the rear of buildings. b. Locating new parking lots between the front street property line and the primary building storefront is prohibited.
c. New parking lots shall not have direct vehicular ingress/egress to 7 th
Street unless approved through a CUP, excepting where the ingress/egress already exists.
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H. Downtown Design Review Process

1. Upon receipt of the design review application, the Planning Director shall review the application for completeness and for consistency with the downtown design regulations contained in this Chapter and for consistency with the Historic Downtown Policy and Design Plan. Following the review of the downtown design review application, the Planning Director shall take action on the project. The Director can approve, approve with conditions or deny the project based on its consistency with the downtown design regulations and guidelines.

2. Following the Planning Director’s decision on a design review application, the Planning Director shall prepare an action letter describing the Director’s action on the request and any conditions that may apply.

3. The Planning Director can approve the project subject to conditions. Said conditions shall ensure that the project is consistent with the purpose of this Chapter and the design guidelines contained in the Historic Downtown Policy and Design Plan.

4. The decision of the Planning Director shall be final unless appealed pursuant to Chapter 17.72 of this Ordinance.

5. A downtown design review application shall become void one year following the date on which the approval of the Planning Director became effective unless, prior to the expiration of one year, a building permit is issued by the Chief Building Official and construction, installation or renovation has commenced, or an extension has been granted by the Director.

6. Where the City finds that the new structure or alteration of an existing structure is not consistent with the approved plans and/or Director’s conditions of approval, the permit shall be revoked pursuant to Chapter 17.52, and the building permit for the project shall be suspended. Notice of the suspension shall be sent immediately to the person or persons responsible for the project. Within 30 days of the suspension, the Planning Commission shall consider the suspension. Based on the facts presented, the Planning Commission may either revoke the building permit, reinstate the building permit or reinstate the permit with conditions.

7. In the Historic Downtown Combining District, design and construction conditions exist which are unique and are not generally found elsewhere in the city. Structures were often constructed on or near lot lines and abut one another in many cases. Storefronts and building facades have often been redesigned, covered or otherwise subjected to major alterations over the 190 of 507
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years. Due to these peculiar conditions, it is sometimes in the interest of enhancing the character of the district to make an exception to the building design criteria and/or signage, landscaping, setbacks, fencing and screening requirements. Where it is deemed that the physical and economic well being of the district would be better served by such an exception rather than the strict application of the above-mentioned building design criteria and other ordinance requirements, the Director may initiate and/or recommend to the Planning Commission that such exception be made, pursuant to Chapter 17.52.090.

8. Minor improvements to buildings in the historic downtown combining district shall be exempt from the downtown design review process. Nothing in this Chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any structure in the downtown that in the view of the Chief Building Official is required for the public safety because of an unsafe or dangerous condition. Improvements exempted shall include:

a. Repair of awning, or replacement of windows, doors or roofs. b. Painting of buildings so long as the colors are consistent with the downtown design guidelines and the colors have been approved by the Planning Director.
c. The, alteration or renovation of single-family dwellings within the downtown.

H. Demolitions

Demolition of a building or a portion of a building in the downtown district shall require the owner of the building or agent to gain approval from the Wasco Planning Department through the Site Plan Review process prior to the proposed demolition. All demolitions shall require a demolition permit through the Wasco Building Department.

17.24.050 Precise Development Plan Combining District.

A. Purpose and Applicability
The purpose of the P-D district is to designate areas with unique site characteristics, sensitive environmental conditions, areas surrounded by sensitive land use or other conditions not otherwise addressed elsewhere herein. Creative design approaches and flexibility in development regulations may be used to ensure that developments in such areas are compatible with those constraints.

Each P-D district shall be designated as follows: R-1-PD-01. This reflects the base zone district combined with a precise development plan overlay and the number assigned to the PD District plan.

B. Permitted Uses and Permit Requirements
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Uses permitted or conditionally permitted shall be those uses permitted by the base zone with which the P-D District is combined. Although the overlay is combined with a base zone, once applied, uses and development requirements shall be consistent with the approved Precise Development (PD) Plan permit. A PD Permit shall be approved currently with approval of the PD Combining District. PD permit requirements are outlined below in Section 17.24.050 D.

C. Development Standards.

All development shall be consistent with the goals and policies of the General Plan and with base zone uses. However development standards and lot sizes may deviate from the base zone and density transfers within the PD area shall be allowed as long as the overall density of the General Plan land use designation for the PD area is adhered to.

The following general development standards apply within the P-D Combining District.

TABLE 2-12

GENERAL DEVELOPMENT STANDARDS

PRECISE DEVELOPMENT PLAN COMBINING DISTRICT
Development Standard Requirement Additional
Requirements

Lot Standards
Minimum Lot Area 5 acres See Section

17.24.050 D Permit
Procedures
Parking Determined by PD Plan Approval
Landscaping
Minimum Setbacks
Front
Side
Rear

Determined by PD Plan Approval
See Section

17.24.050 D Permit
Procedures
Structure Height
Height Determined by PD Plan Approval See Section

17.24.050 D Permit
Procedures
Number of Stories

1. Development proposed within a P-D District shall be superior to development that could occur under the development standards of the base zone district in at least two of the following ways:
a. Greater open space and common areas than required; b. Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties; c. Design features beyond those required through the design district or subdivision regulations to achieve superior site and/or building design; d. Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;
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e. Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;
f. Reduced impacts on surrounding properties, in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

2. Development standards and criteria may be deviated; provided, that such deviations are identified in the permit application and justification provided to support all requested deviations to standards to the satisfaction of the planning commission.

D. PD Plan Permit Procedures
No use shall be established, no development shall occur or grading permit shall be issued for any use or development within a P-D Combining District until a PD permit application has been submitted to and approved by the planning commission in accordance with the procedures set out in Chapter 17.74 of this title. The action of the planning commission may be appealed to the city council in accordance with Chapter

17.72. 1. Application Contents.

An application for PD site development review shall include the following:
a. Legal description of property;
b. Preliminary title report;
c. A site development plan drawn at the scale specified by the planning director, which includes the following information:
i. A detailed elevation of the proposed project;
ii. Topography and proposed grading;
iii. Proposed development in relationship to all surrounding development plans;
iv. The location, dimension and ground floor area, and uses of all existing and proposed buildings and structures on the subject property;
v. Proposed landscaping;
vi. Streets and existing and proposed driveways and curb cuts; vii. Proposed dedications and improvements in accordance with applicable improvement standards for the area;
viii. Location, height and materials of walls and fences; ix. Existing and proposed utility connections (locations of utility connections)
c. A narrative description of the proposed development including the development objectives, proposed mix of uses, target market, and timeframe of development.

2. Review and Approval Procedures
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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 hearing before the Planning Commission concurrently with the Commission’s review of the PD Combining District request.

b. The Planning Commission shall conduct a public hearing on an application for a PD 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.

3. Findings and Decision

Following a hearing, the commission shall record the decision in writing and shall incorporate therein the findings upon which the decision is based. The commission may approve and/or conditionally approve a PD permit application in whole or in part.

4. Time Limit on Approval. If development approved in accordance with this chapter had not commenced within two years of the approval, the approval shall become null and void and of no effect, unless an extension has been requested and granted by the planning director. All requests for extensions must be in written form and must be received by the planning director. This provision shall also apply to any applications approved in conjunction with a tentative parcel map or a tentative tract map. In such case, the expiration period shall coincide with that of the approved tentative parcel map or the tentative tract map, as applicable.

5. Minor Plan Modifications. The planning director may approve minor plan modifications to an approved P-D site development plan in accordance with the procedures set out in Section 17.52.100 of this title, but only if the planning director can determine that the requested modification(s) do not constitute a substantial change in the approved project.

6. Permit Revocation and Modifications. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.52.110 of this title.

17.26.060 Cluster Combining District.

A. Purpose
The purpose of the Cluster (C-L) Combining District is to promote development of imaginative well-designed residential and commercial developments which may have special setback, design or other features to preserve open space, promote desirable 194 of 507
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and/or affordable housing, preserve agricultural lands, and maximize the use of shared public and private recreational facilities.

B. Permitted Uses and Permit Requirements
Uses permitted or conditionally permitted shall be those uses permitted by the base zone with which the C-L District is combined. Although the overlay is combined with a base zone, once applied, uses and development requirements shall be consistent with the approved C-L Site Plan Review permit. A C-L Site Plan Review Permit shall be approved currently with approval of the C-L Combining District. C-L Site Plan Review permit requirements are outlined below in Section 17.24.060 D.

C. Development Standards.

The following general development standards apply within the C-L Overlay zone.

TABLE 2-13

GENERAL DEVELOPMENT STANDARDS

CLUSTER COMBINING DISTRICT
Development Standard Requirement Additional
Requirements

Lot Standards
Minimum Lot Area /Density None, except the overall development density shall not exceed the density established by the General
Plan land use category applicable to the area in which
the development is located

Parking Per the requirements of the base zone
Landscaping
Minimum Setbacks
Front
Side
Rear

Per the requirements of the base zone

Structure Height
Height Per the requirements of the base zone

1. Development proposed within a C-L District shall be superior to development that could occur under the development standards of the base zone district in at least two of the following ways:
a. Greater open space and common areas than required; b. Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties; c. Design features beyond those required through the design district or subdivision regulations to achieve superior site and/or building design; 195 of 507
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d. Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;
e. Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;
f. Reduced impacts on surrounding properties, in terms of privacy, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

D. C-L Plan Permit Procedures
No use shall be established, no development shall occur or grading permit shall be issued for any use or development within a C-L District until a C-L Site Plan Review permit application has been submitted to and approved by the Planning Director in accordance with the procedures set out in Sections 17.52.060 of this title.

1. Application Contents.

An application for C-L Site Plan Review permit shall include the following:
a. Legal description of property;
b. Preliminary title report;
c. A site development plan drawn at the scale specified by the planning director, which includes the following information:
i. Topography and proposed grading;
ii. Proposed development in relationship to all surrounding development plans;
iii. The location, dimension and ground floor area, and uses of all existing and proposed buildings and structures on the subject property;
iv. Proposed landscaping;
v. Streets and existing and proposed driveways and curb cuts; vii. Location, height and materials of walls and fences; viii. Existing and proposed utility connections (locations of utility connections)
d. A narrative description of the proposed development including the development objectives, proposed mix of uses, target market, and timeframe of development.

2. Time Limit on Approval. If development approved in accordance with this chapter had not commenced within two years of the approval, the approval shall become null and void and of no effect, unless an extension has been requested 196 of 507
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and granted by the planning director. All requests for extensions must be in written form and must be received by the planning director. This provision shall also apply to any applications approved in conjunction with a tentative parcel map or a tentative tract map. In such case, the expiration period shall coincide with that of the approved tentative parcel map or the tentative tract map, as applicable.

3. Minor Plan Modifications. The planning director may approve minor plan modifications to an approved C-L site development plan in accordance with the procedures set out in Section 17.52.100 of this title, but only if the planning director can determine that the requested modification(s) do not constitute a substantial change in the approved project.

4. Permit Revocation and Modifications. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.52.110 of this title.

17.24.070 Geological Hazard Combining District.

A. Purpose
The purpose of the Geological Hazard (G-H) Combining District is to protect the public’s health, safety and minimize property damage by designating areas that are subject to or are potentially subject to surface faulting ground shaking, ground failure or other geologic hazards by establishing reasonable restrictions on land use in such areas. (Ord. 486 §1 (Exh. A (part)), 2003).
.

B. Permitted Uses and Permit Requirements
Uses permitted or conditionally permitted shall be those uses permitted by the base zone with which the G-H District is combined. Although the overlay is combined with a base zone, once applied, uses and development requirements shall be consistent with the approved G-H Site Plan Review permit. A G-H Site Plan Review Permit shall be approved currently with approval of the G-H Combining District. G-H Site Plan Review permit requirements are outlined below in Section 17.24.070 D and in Section

17.52.060.

C. Development Standards.

The following general development standards apply within the G-H Combining District.

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TABLE 2-14

GENERAL DEVELOPMENT STANDARDS

GEOLOGICAL HAZARD COMBINING DISTRICT
Development Standard Requirement Additional
Requirements

Lot Standards
Minimum Lot Area /Density
Per the requirements of the base zone

Parking
Landscaping
Minimum Setbacks
Front
Side
Rear
Per the requirements of the base zone, except as
modified in accordance with the standards approved
with the G-H Site Plan Review permit

Distance Between Structures
Structure Height
Height Per the requirements of the base zone, except as modified in accordance with the standards approved
with the G-H Site Plan Review permit

1. Development in the G-H district shall comply with the mitigation measures recommended in the geological report required by Section 17.24.070 D of this section as approved by the City of Wasco city engineer. In any event, structures for human occupancy shall be set back at least fifty feet from any active fault trace or one hundred feet from any fault trace which cannot be precisely located or is depicted as "inferred" on the Kern County Seismic Hazard Atlas.

D. G-H Plan Permit Procedures
No use shall be established, no development shall occur or grading permit shall be issued for any use or development within a G-H District until a G-H Site Plan Review permit application has been submitted to and approved by the Planning Director, City Engineer, and Planning Commission.

1. Application Contents.
a. Name(s) and address(es) of applicant(s).
b. Name(s) and address(es) of property owner(s).
c. APN (Assessor Parcel Number(s)).
d. Legal description of property.
e. A site development plan drawn at the scale specified by the planning director, which includes the following information:
i. Topography and proposed grading;
ii. Location and extent of all geologic hazards including area subject to surface faulting, ground shaking, ground failure and other geologic hazards;
iii. Location of all proposed buildings and structures; 198 of 507
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iv. Location of proposed streets, roads, and parking areas; v. Proposed drainage improvements;
vi. North arrow.
f. A geological report prepared by a qualified engineering geologist, certified by the State of California, that includes the following information:
i. The original signature and certification, number of the responsible geologist;
ii. An index map showing the regional setting of the study area; iii. A description of the study methods used; the methods may include (but are not limited to) field traverses and inspections, test pits or trenches, drill holes, geophysical investigation, aerial photo analysis, and review of previously published or unpublished maps and reports;
iv. On an appropriate topographic base an original geological map of the site and as much of the surrounding area as is practical. The scale shall be one inch to one hundred feet for complementary geologic maps emphasizing special features or hazards;
v. One or more geologic structure sections showing actual or probable subsurface relations and clearly labeled as to which relations are conjectural;
vi. A statement of conclusions and recommendations regarding suitability of proposed uses, including (but not limited to) buildings, structures, roads, and sewer systems in relation to the existing or potential geologic hazards and recommended mitigation measures with respect to the following:
 Location of buildings, structures, roads, and septic systems in relation to identified geologic hazard or hazards,
 Method of construction,
 Grading,
 Removal of native vegetation and replanting,
 Any other aspect of construction or site development that has a clear relationship to the identified geologic hazard or hazards. g. A list of references of geologic literature used in evaluating the site.

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DIVISION 3
Community & Project Design

Chapter 17.30 – Site Planning and General Development Standards

17.30.010 – Building Across Property Lines

17.30.020 - Canopy Structures

17.30.030 - Fences and Walls

17.30.040 – Height Limits & Measurement

17.30.050 – Lighting

17.30.060 – Mechanical Equipment & Utilities

17.30.070 – Minimum Lot Size Interpretation

17.30.080 - Screening & Storage

17.30.090 – Setback Measurements and Exceptions

17.30.100 – Solar Energy Systems

17.30.110 - Swimming Pools

17.30.120 – Yard Encroachments

Chapter 17.32 – Density Bonuses for Affordable and Seniors Housing

17.32.010 Purpose and Applicability

17.32.020 Density Bonus Eligibility

17.32.030 Incentives and Concessions

17.32.040 Applications For Bonus Requests

Chapter 17.34 – Landscaping

17.34.010 Purpose and Applicability

17.34.020 Landscape Plan Required

17.34.030 Landscape Requirements

Chapter 17.36 – Off-Street Parking & Loading

17.36.010 Purpose and Intent

17.36.020 Applicability

17.36.030 Parking Requirements for Residential Uses

17.36.040 Parking Requirements for Non-Residential Uses

17.36.050 Parking Area Design Standards

17.36.060 Shared/Joint-Use and Off-Site Parking

17.36.070 Disabled Parking

17.36.080 Bicycle Parking

17.36.090 Off-Street Loading

17.36.100 Vehicle Storage Area Requirements

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Chapter 17.38 – Signs

17.38.010 Purpose and Intent

17.38.020 Applicability

17.38.030 Exempt Signs

17.38.040 Prohibited Signs

17.38.050 Political Signs

17.38.060 Master Sign Plan

17.38.070 Permanent Sign Standards & Allowed Sign Area

17.38.080 General Provisions for Permanent Signs

17.38.090 Standards for Specific Types of Permanent Signs

17.38.100 Standards for Temporary Signs

17.38.110 Off-Site Residential Subdivision Directional Signs

17.38.120 Vintage Signs

17.38.130 Nonconforming Signs

17.38.140 Abandoned Signs

17.38.150 Sign Exceptions

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Chapter 17.30 – Site Planning and General Development Standards

Sections

17.30.010 – Building Across Property Lines

17.30.020 - Canopy Structures

17.30.030 - Fences and Walls

17.30.040 – Height Limits & Measurement

17.30.050 – Lighting

17.30.060 – Mechanical Equipment & Utilities

17.30.070 – Minimum Lot Size Interpretation

17.30.080 - Screening & Storage

17.30.090 – Setback Measurements and Exceptions

17.30.100 – Solar Energy Systems

17.30.110 - Swimming Pools

17.30.120 – Yard Encroachments

17.30.010 Building Across Property Lines.

Provided legal parcels of record are owned by the same property owner(s), a building or buildings that establish the main use may be developed across property lines to merge the properties into one parcel for the determination of property development standards. A lot merger or lot line adjustment shall be required as a condition of approval.

17.30.020 Canopy Structures.

The following regulations apply to canopies and canopy structures as defined in Chapter 90, Definitions.

A. Canopy Structures in Residential Zones

1. Permanent canopy structures are prohibited in the front yard area.

2. Temporary canopies and tents of any size may be erected in any location with the exception of the front setback and/or street side setback areas, for a period of not more than three days.

B. Canopy Structures in All Other Zones

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1. Permanent canopy structures are permitted in the rear yard area only, subject to issuance of a Site Plan Review approval.

2. Temporary canopies and tents of any size may be erected in any non-residential zone in any location on a lot subject to the issuance of a Temporary Use Permit.

3. Decorative awnings constructed as a component or feature of an overall architectural design are allowed as an architectural projection. Awnings that project over a public right-of-way shall be subject to issuance of an Encroachment Permit.

17.30.030 Fences and Walls.

The following regulations apply to the construction and maintenance of fences and walls.

A. Development Standards

1. Fencing or wall materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. The Planning Director, through the Site Plan Review process, may make exceptions to the use of prohibited materials as shown in Sub-section 6 below, based on architectural design and compatibility with surrounding development.

2. Fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall except as allowed in Sub-section 3 below.

3. Where there is a difference in grade between adjoining property boundaries, a fence or wall height shall be measured from the higher of the two adjoining property grades so that the higher property may still achieve a 6’-7’ fence or wall height. Such condition may require the fence or wall to be combined with a retaining wall (See Figure 3-1).

4. Temporary construction fencing that is of a chain link or wire type may be allowed within the front and street-side setback areas with the issuance of a Temporary Use Permit.

5. All fences and walls shall be subject to the height limitations described in Table 3-1, Fence and Wall Heights/Setbacks.

6. The corner lot street-side setback for a fence or wall shall be three (3) feet (See Table 3-1, Fence and Wall Heights/Setbacks).

7. Prohibited materials shall include:
a. Razor or concertina wire in conjunction with a fence or wall. 203 of 507
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b. Barbed wire or electrified fence except in A-E or R-R zones for animal control.
c. Chain link, except in the I-L (light industrial), I-H (heavy industrial), and C- S (service commercial) zone districts.

TABLE 3-1

FENCE AND WALL HEIGHTS/SETBACKS

Location Maximum Height Setbacks

Zones with Setback Requirements
Within Front Setback 4 ft.

Within Interior Side/Rear Setback 7 ft.

At ≥ 3 Feet of Street Side Property Line 7 ft.

Within 10 Feet of Alley & Street Intersections 4 ft.

Zones with No Setback Requirements
Within 15 Feet of Front property Line 4 ft.

At ≥ 5 Feet of Street Side Property Line 7 ft.

Setbacks
Street Side on Corner Lot 3 ft.1

Note:
1) Setback may be adjusted to 0 ft. with Director’s approval. A block retaining wall shall be required where a grade difference exists between the building pad elevation and the sidewalk elevation.

Figure 3-1
Fence & Wall Height with a Grade Difference

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17.30.040 Height of Buildings and Measurement.

Structure height and the required methods for measuring the height of structures in compliance with the height limits established in Division 2 zoning districts are described as follows.

1. Maximum Heig
ht of Structures: The height of each structure shall not exceed the height limit established for the applicable zoning district in Division 2, Zoning Districts, Allowable uses and Standards, except as otherwise provided by this Section.

2. Height Measurement: The maximum allowable height shall be measured as the vertical distance from the finished grade of the site to an imaginary plane at the allowed number of feet above and parallel to the finished grade.

3. Exceptions to Height Limits:

The height of telecommunications facilities may
exceed the height limits established within the various zoning districts described in Division 2. The height of telecommunications facilities, including antennas, poles, towers, and necessary appurtenances shall comply with Chapter 17.42 in Division 4, Standards for Specific Land Uses.

4. No pent
house or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs, or other structures shall exceed the height limits provided in Division 2 of this Title.

17.30.050 Exterior Lighting.

Outdoor lighting on private property shall comply with the following requirements.

A. Development Standards

i. Outdoor lighting shall use energy-efficient (high pressure sodium, low pressure sodium, compact fluorescent, LED, or other lighting technology of equal or greater energy efficiency) fixtures/lamps.

ii. Lighting shall be shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of-way.

iii. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness.

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iv. Lighting fixtures shall incorporate full-cutoff features to avoid glare and up-light.

17.30.060 Mechanical Equipment and Utilities.

Mechanical equipment and utility screening shall comply with the following requirements.

A. Development Standards

1. Mechanical equipment shall be located within the building or ground mounted, and if ground mounted shall be screened from public view.

2. All residential air conditioning units shall be ground mounted and screened from public view.

3. Electrical boxes, gas meters, landscape irrigation equipment, and similar utility boxes shall either be painted to match the structure or screened by landscaping from public view.

17.30.070 Minimum Lot Size Interpretation

For the purpose of complying with the minimum lot size and minimum lot area per dwelling unit requirements, and other provisions of this chapter, the lot sizes or lot areas shall be net lot area and based on fractions or multiples of one acre equal to forty-three thousand five hundred sixty square feet.

17.30.080 Screening and Storage.

The following screening and storage requirements shall apply as indicated.

A. Development Standards

1. Where commercial or industrial property adjoins a residential zone, a six-foot high solid concrete block or masonry wall shall be located on the property line except in a required front yard, or the street side setback of a corner lot.

2. Approved uses that are not conducted entirely within a completely enclosed structure, on a site across a street or alley from a residential district shall be screened by a concrete block or masonry wall and be landscaped along the frontage of the wall to a height to be determined by the planning director. No materials or equipment shall be stored to a height greater than that of the wall or fence.

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3. In a C-N, C-O, C-R, C-H and C-D district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off- street parking and loading areas, gasoline service stations, outdoor dining areas, nurseries, and garden shops.

4. Where commercial or office uses are so situated abutting property zoned for single-family residential use, the second story of the structure to be occupied as a commercial or office use shall be designed to limit visibility onto the adjacent residential property.

5. For industrial developments utilizing outside storage, the areas devoted to outside storage shall be treated with a dust binder or other dust control measure, as approved by the planning director. Screening, if required due to adjoining residential uses, shall also be provided.

6. All trash receptacles shall be screened so that they are not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the planning director.

17.30.090 Setback Measurements and Exceptions.

This Section establishes standards for the measurement of setbacks and required setback areas. These provisions are intended to provide for open areas around structures, access to natural light and ventilation, separation of incompatible uses, space for privacy, and access to structures for maintenance and safety.

A. Measurement of Setbacks

1. All setbacks shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line (See Figure 3-2, Setback Measurements).

2. Front Setback: A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure.

3. Side Setback, Inter
ior: A side setback shall be measured at right angles from the nearest point on the interior side property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the interior side property line, which extends between the front and rear setbacks.

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4. Street Side Setback: A street side setback shall be measured from the nearest point on the side property line coterminous with the street side public right-of- way, establishing a setback line parallel to the public street right-of-way. The street side setback extends between the front setback and the rear property line.

5. Rear Setback: A rear setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest point of the wall of the structure, establishing a setback line parallel to the rear property line.

B. S
etback Exceptions

1. Where a front or street side “build-to-line” requirement is established by the applicable zoning district, a proposed structure shall instead comply with the build-to-line requirement.

A build-to-line specifies the required location of new structures with respect to the street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets and enhance the pedestrian experience.

2. Front Setback Averaging: Notwithstanding any of the minimum front yard setbacks required in all of the residential districts, the front yard minimum setback specified in these districts may be reduced where lots comprising forty (40) percent or more of the frontage on one side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten feet.

In suc
h cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing buildings. In making this determination, buildings located more than thirty-five feet from the front property line or buildings facing a side street on a corner lot shall not be counted. In no case shall any building or structure be located within any planned future right-of-way.

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Figure 3-2
Setback Measurement

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17.30.100 Solar Energy Systems.

It is the intent of this Section to protect and maintain the importance of solar energy systems in implementing sustainability goals and policies of the City, and to implement all solar energy regulations as appropriate per the laws of the State of California.

A. Location and Performance Standards
In any single-family or two-family (duplex) dwelling, solar energy shall be permitted subject to the following provisions:

1. The City shall not require the approval for any solar energy system based on the approval of the system by an association, as that term is defined in Section 4080 of the Civil Code.

2. Ground-mounted systems shall conform to the setback requirements for the main structure and shall be located outside the front yard area to minimize their visibility from any public right-of-way.

3. Where practical, solar collector panels shall be roof mounted.

4. Roof-mounted collector panels shall be flush mounted at the same or as close as possible to the pitch of the roof, and where feasible, be placed in the location least visible from public streets, without reducing the operating efficiency of the collectors.

5. Equipment appurtenant to solar collectors, including electrical and related fixtures, shall be installed within a structure on which the collectors are mounted, and painted to match the building, where feasible, or shall be screened from public view.

6. A solar panel or module array shall not exceed the maximum permitted building height as set forth in this Zoning Code.

7. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories regarding safety.

17.30.110 Swimming Pools.

Swimming pool design and construction shall comply with the following requirements.

A. Development Standards

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1. Location on Property: Swimming pools, including walk-around areas or aprons, shall not be located within the front yard, side yard, or street side yard setback areas. Swimming pools shall be located a minimum of five feet from the rear property line. However, the walk-around/apron area may encroach two and one- half feet into the rear five-foot area. Swimming pool equipment shall not be located within a street side yard or front yard setback area. Pumps, heaters, and other noise producing mechanical equipment shall not be located within fifteen feet of a bedroom window on adjoining property. Swimming pools shall not be located closer than ten feet to any building unless stamped engineering calculations reviewed by the building official demonstrates that placement closer than ten feet will not compromise the structural integrity of that building or foundation.

2. Screening: The
swimming pool area shall be screened from view on all sides by way of a six-foot high solid wood fence, solid masonry wall, or similar barrier.

Perimeter fencing on a lot may suffice for this purpose upon review and approval by the planning director. Swimming pool equipment shall be shielded to prevent noise.

3. Lighting: Any
outdoor lighting of the pool area shall be positioned and directed so that it does not illuminate adjoining property, and shall comply with the requirements of Section 17.30.050.

4. Noise: Th
e swimming pool shall be operated so as not to create a noise nuisance.

5. Maintenance: Swi mming pools shall be maintained to be in good working order so as not to create a health and safety hazard.

6. Filling/Emptying: Em ptying and filling of a swimming pool shall conform to any Council adopted water stage (see MC Chapter 13.22) during declared droughts or water emergencies by the city of Wasco.

7. Site Plan Review: Pr ior to the issuance of a building permit, a site plan depicting the location of the swimming pool, pool equipment, fencing, adjacent buildings, and property lines, shall be submitted to the planning department for review and approval.

17.30.120
Yard Encroachments.

Where yards are required by this chapter, those yards shall not be less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as provided for below.

A. Development Standards
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1. Cornices, canopies, eaves, or other similar architectural features not providing additional floor space within the building may extend into a required front, side, or rear yard no more than three feet.

2. Open, unenclosed, covered porches, platforms or landing places or other structures which are open on two or more sides which do not extend above the level of the first floor of the building may extend into any front or rear yard not more than six feet (see Tables 2-4 and 2-5). No variance may be granted for enclosure of these porches, platforms or landings.

3. Notwithstanding any of the minimum front yard setbacks required in all of the residential districts, the front yard minimum setback specified in these districts may be reduced where lots comprising forty percent or more of the frontage on one side of a street, between intersecting streets, are developed with buildings having an average front yard with a variation of not more than ten feet, and that average front setback is less than the minimum front setback specified for the district. In such cases, no building newly erected or structurally altered may project beyond the average front yard line established by the existing buildings.

4. Carport and garage structures with alley access may extend into the rear yard setback up to 10 feet, providing there is a minimum vehicular back-out distance of 25 feet from the carport or garage entrance.

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Chapter 17.32 – Density Bonuses for Affordable and Seniors Housing

Sections:

17.32.010 Purpose and Applicability

17.32.020 Density Bonus Eligibility

17.32.030 Incentives and Concessions

17.32.040 Applications For Bonus Requests

17.32.010 Purpose and Applicability.

This Section is 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. Where regulations are not specifically addressed in this Section or where conflicts exist between these provisions and the provisions of Government Code Sections 65915 through 65918, the provisions of the Government Code, as they may be amended over time, shall apply.

17.32.020 Density Bonus Eligibility.

In order to be eligible for a density bonus and other incentives as provided by this Section, a proposed housing development shall comply with the eligibility requirements specified in Government Code Sections 65915 through 65918. A density bonus and applicable incentives/concessions shall be granted if an applicant for a housing development seeks and agrees to construct a development that contains low-income, very low-income, moderate-income, and/or seniors housing units, the required percentages of which are described in Government Code Section 65915(b)(1) and outlined below.

1. At least 10 percent of the total number of proposed units are for low-income households, as defined in Health and Safety Code Section 50079.5; or

2. At least 5 percent of the total number of proposed units are for very low-income households, as defined in Health and Safety Code Section 50105; or

3. At least 10 percent of the total number of dwelling units in a common interest development, as defined in Civil Code Section 1351(f) and (k), for households of moderate income, as defined in Health and Safety Code Section 50093; or

4. The project is a senior citizen housing development as defined by Civil Code Sections 51.3 and 51.12.

Density bonuses provided by this Chapter shall only be available to housing developments of five or more dwelling units.
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17.32.030 Incentives and Concessions.

An applicant for a density bonus may also request specific incentives or concessions from the city in addition to the density bonus. A qualifying project shall be entitled to one, two, or three of the following incentives, as allowed by Government Code 65915.

1. A reduction in the site development standards of this Zoning Code (e.g., site coverage, off-street parking, reduced lot dimensions and/or setback requirements);

2. Approval of mixed-use zoning not otherwise allowed in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the project will be located; and/or

3. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable and actual cost reductions.

The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding, based on substantial evidence, of either of the following:

a. The incentive or concession is not required in order to provide for affordable housing costs, as defined in Health and Safety Code 50052.5, or for rents for the targeted units to be set in compliance with Government Code Section 65915(c); or

b. The incentive or concession would have a specific adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

17.32.040 Applications for Bonus Requests.

A. Site Plan Review

An application for Site Plan Review shall be required for any density bonus request.

Applications submitted under this process will be reviewed and acted on by the Planning Director. The Planning Director may, at his/her discretion, forward a Site Plan Review permit to the planning commission for their consideration and action.

Decisions on applications by the Director and/or Planning Commission may be 214 of 507
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appealed pursuant to Chapter 17.72, Appeals, in Division 7, Zoning Code Administration.

B. Continuing Affordable Unit Availability

1. Approval of an application for density bonus will require the developer to maintain the continued affordability of the designated lower-income units for a minimum of 30 years.

2. Density Bonus Agreement: In order to preserve long-term affordability, prior to issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the City’s standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the County Recorder.

C. Findings

In addition to the findings required for the approval of the Site Plan Review permit and any other permit required for the project, the approval of a density bonus shall require the approving body to first make all of the following findings:

1. The project will be consistent with the General Plan, except as provided by this Section with regard to maximum density, density bonus, and any other incentives and concessions;

2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;

3. Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this Section;

4. In the event that the City does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c); and

5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period.

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Chapter 17.34 – Landscaping

Sections:

17.34.010 Purpose and Applicability

17.34.020 Landscape Plan Required

17.34.030 Landscape Requirements

17.34.010 Purpose and Applicability.

The purpose of this Section is to establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects.

This Section shall supplement Ordinance No. 2015-659 adopting the State Model Water Efficient Landscape ordinance by reference, and shall apply to all of the following landscape projects:

1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review; and

2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review.

17.34.020 Landscape Plan Required.

A landscape design package prepared by a licensed landscape architect or licensed landscape contractor shall be required for all applicable landscape projects and for any project involving the installation of artificial turf within the front or street side yards.

17.34.030 Landscape Requirements.

All landscape and irrigation plans shall be compliant with these standards and the State Water Efficient Landscape Ordinance as reflected in Exhibit A to Ordinance N o. 2015-
659 codified in this section. In addition the following design standards shall apply to all districts.

A. Gene
ral Landscape Requirements

1. All areas within a required setback shall contain living groundcover or a combination of living and nonliving ground coverings as described below. 216 of 507
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a. "Living groundcover" means low-growing plants or shrubs that after being planted will grow together to form a minimum of fifty percent coverage in one year or less.

b. "Nonliving groundcover" means forest humus or walk-on bark, rock, decomposed granite and other similar materials.

c. All soil surfaces are to be covered by plant materials or nonliving groundcovers.

2. Trees

a. Spacing of trees to be variable depending on type and eventual size, but that there be a general minimum standard of one tree with a minimum trunk diameter of two inches at four feet above finished grade at time of planting, for each twenty feet of frontage of a required landscaped setback, exclusive of vehicular sight lines.

b. Trees to be used in parking lots shall be of a type that will form a full head on a single trunk, i.e., Chinese Elm, Chinese Pistache, Golden Rain, Valley Oak or other approved species. All trees planted within public right-of-way shall be consistent with the city street tree master plan.

c. Where trees are planted in paved areas which are unprotected by curbs they shall have a protective tree grate or equivalent device. Tree grates shall be cast iron with a natural finish. A deep root-directing device shall also be used.

d. Landscape setback areas (excluding driveway approaches, maneuvering areas, and public sidewalks) shall be landscaped. Within this area, trees shall not be planted more than twenty feet apart, and shall not be planted within five feet of any curb, sidewalk or driveway unless a root-directing device is used. No plant that will grow to a height of more than eighteen inches shall be planted in the street right-of-way or within sight triangles unless approved as a street tree consistent with the city street tree master plan.

3. Shrubs

a. At least seventy-five percent of shrubs planted shall be of five-gallon minimum size.

b. Shrubs within a required setback shall be spaced in such a way so that at maturity the plants will provide fifty percent ground coverage.

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4. Mounding

a. Mounding shall not be proposed for landscape areas which are ten feet or less in width.

b. Mounds shall be compacted prior to planting to prevent excessive settlement.

c. Black plastic shall not be used under wood chips on mounds, or slopes in general.

d. Mounds may not be used within street corner sight triangles, or in areas that will create hazards to pedestrians or motorists.

5. Parking Lots

a. Trees shall be planted in all parking lots at a 1:3 ratio of trees to parking stalls.

b. Such tree planters shall contain approved trees on thirty-foot centers or in such a manner as to have fifty percent shade coverage of the parking lot in ten years.

c. Shrubs and trees to be arranged in such a way as to avoid damage from the front of parked cars extending into the planter areas.

6. Turf

a. Installation of turf shall be in accordance with the requirements of these standards and the State Water Efficient Landscape Ordinance as reflected in Exhibit A to Ordinance No. 2015-659 codified in this section.

7. Irrigation Plans

a. All landscaped areas of living plant materials shall be irrigated. Irrigation plans shall be required to be submitted along with landscape plans. All proposed irrigation systems shall be in accordance with the requirements of the State Water Efficient Landscape Ordinance as reflected in Exhibit A to Ordinance No. 2015-659 codified in this section.

8. Park
Strips

a. Park strips shall be developed in accordance with these standards and the State Water Efficient Landscape Ordinance, the City of Wasco Subdivision Ordinance and the following standards:

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i. Drought tolerant trees from the City’s Master Street Tree List shall be planted every thirty feet and shall be drip irrigated.

ii. Drought tolerant groundcover shall be installed in all new park strips. Groundcover shall mean low-growing spreading plants not over 12 inches in height when mature. Drought tolerant groundcover shall also include permeable pavers, compacted decomposed granite, or other similar nonliving permeable material. Drought tolerant groundcover shall not include grass, bark, gravel or any other material that may be easily relocated outside the park strip area. Solid concrete or asphalt paving is prohibited.

B. Residential Landscape Requirements

1. All new residential landscaping shall be installed in accordance with these standards and the State Water Efficient Landscape Ordinance as reflected in Appendix A to the ordinance codified in this section.

2. New front yard landscaping shall include a minimum of two drought tolerant shade trees from the City’s Master Street Tree List.

3. 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 (See Figure 3-3).

4. Paved/hardscape courtyards are permitted in the front yard and may exceed the forty percent maximum paving requirement; provided, that there is a solid barrier preventing vehicular access to the courtyard area. Barrier screening for paved courtyard areas shall be located a minimum of five feet behind the back of the sidewalk and shall be no taller than four feet. Barrier screening materials shall be limited to natural stone, masonry or block walls, wooden fencing that is stuccoed to match the residence, and/or wrought iron fencing. The courtyard area shall have a minimum of twenty percent permeable paving materials to allow for water infiltration. Paved areas shall not drain onto adjacent properties. The area between the fence and sidewalk shall be landscaped with drought tolerant plants and groundcover (See Figure 3-4 example).

5. Turf shall not exceed twenty-five percent of the total landscaped area of the lot.

6. All plant materials shall have a WUCOLs water rating of low or very low.

7. Living plant material shall provide coverage of not less than fifty percent of the landscaped area in front yards within one year of planting.

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Figure 3-3
Front Setback Area – 40% Maximum Vehicle Access Paving

Figure 3-4
Front Yard Courtyard Example

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C. Commercial, Industrial and Multi-family Landscape Requirements

1. For parking lots containing six or more spaces landscape islands of a minimum area of eighty square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers and with a minimum of one fifteen-gallon tree planted in each island. Actual numbers of trees will be based on the size of the project as determined by the planning director.

2. All landscaping as required in this chapter shall be reviewed by the planning director as to the type, density of planting and size of plants intended for use. All landscaped areas shall be permanently maintained in good condition by the property owner.

3. All landscaped areas in commercial, industrial, and multifamily projects shall be surrounded with six-inch-high concrete curbing, unless waived by the site plan review committee.

4. All landscaping on public property and parks shall conform to standards adopted by the city of Wasco and Wasco recreation and park district.

5. Buffer planting shall occur along freeways and major arterials in order to visually screen uses and provide noise reduction. The landscaping shall be in addition to screening requirements set forth in this chapter.

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Chapter 17.36 – Off-Street Parking & Loading

Sections:

17.36.010 Purpose and Intent

17.36.020 Applicability

17.36.030 Parking Requirements for Residential Uses

17.36.040 Parking Requirements for Non-Residential Uses

17.36.050 Parking Area Design Standards

17.36.060 Shared/Joint-Use and Off-Site Parking

17.36.070 Disabled Parking

17.36.080 Bicycle Parking

17.36.090 Off-Street Loading

17.36.100 Vehicle Storage Area Requirements

17.36.010 Purpose and Intent.

This Section establishes regulations to:

1. Regulate off-street parking and loading to minimize traffic congestion and hazards to motorists, bicyclists, and pedestrians;

2. Provide off-street parking in proportion to the needs generated by different land uses; and

3. Ensure that parking areas are designed to operate efficiently and effectively and in a manner compatible with on-site and surrounding land uses.

17.36.020 Applicability.

Each land use and structure, including a change or expansion of a land use or structure shall be provided continuously maintained off-street parking and loading areas in compliance with this Chapter. A land use shall not be commenced and a structure shall not be occupied until the improvements required by this Chapter are satisfactorily completed.

17.36.030 Parking Requirements for Residential Uses.

Off-street parking spaces shall be provided in compliance with Table 3-2 (Off-Street Parking Requirements: Residential Uses). These standards shall be considered the minimum required to preserve the public health, safety, and welfare of the community.

An increase or decrease in the parking requirements may be determined by the Review Authority in particular circumstances where these Requirements are inadequate or 222 of 507
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inappropriate for a specific use. These cases may be determined through a parking study if required by the Reviewing Authority.

A. Uses Not Listed. The number of parking spaces required for land uses not specifically listed shall be determined by the Planning Director based on common functional, product, or compatibility characteristics and activities. The determination is considered a formal interpretation of the Zoning Code and shall be recorded accordingly. The interpretations shall have the same force of law as the provisions of this Section.

TABLE 3-2
OFF-STREET PARKING REQUIREMENTS:

RESIDENTAL USES

Land Use Minimum Parking Spaces Required

Accessory Dwelling Unit

See Article 4, Section 17.40.010
Single-Family Dwelling (Attached & Detached)
Two-Family Dwellings
2 covered spaces per dwelling unit
Multi-family Dwellings 2 covered spaces per dwelling unit plus guest parking at:
1 guest space per each 2 dwelling units
Boarding or Rooming House 1 space per bedroom or 1 space per 150 s. f. of gross floor area, whichever is greater
Farm Labor Housing 2 spaces per dwelling unit
Group/Foster Homes, Licensed 2 spaces per dwelling unit, covered if single-family Mobilehome 2 spaces per dwelling
Mobilehome Park 1.5 spaces per dwelling unit plus guest parking at: 1 guest space per each 2 dwelling units
Residential Hotel 1 space per bedroom
Retirement/Rest Home 1 space per 4 resident beds plus 1 space per 2 employees at maximum shift
Supportive Housing 0.5 spaces per bed plus 1 space per employee at maximum shift
Transitional Housing 0.5 spaces per bed plus 1 space per employee at maximum shift
Senior Housing (age restricted to 55+) 1 space per unit and 1 guest space per 4 units

B. Residential Parking Specific Requirements

1. Each required parking space shall be in a garage or carport located behind the required front setback or street side setback on a corner lot and shall be served by a driveway of no less than 20 feet in length.

2. A maximum of forty percent of the required front yard setback area may be paved for driveway access to off-street parking.
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3. Each single-family residential unit requires two covered spaces, which must be accessed from a paved surface approved and designed to city of Wasco standards.

4. Each single-family dwelling unit that has street access shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet.

5. Parking for accessory dwelling units shall be provided in conformance with Division 4, Section 17.40.010

6. Each multi-family residential unit requires a minimum of two covered spaces.

7. Multifamily developments with four or fewer units shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet. Multifamily developments with five or more units shall have a drive approach a minimum of twenty feet in width with a minimum vertical clearance of fifteen feet

8. Only parking of automobiles, pick-ups and motorcycles (collectively referred to herein as "motor vehicles") is permitted on driveways leading to garage parking or other approved off-street parking spaces, or on an improved parking area abutting a driveway or improved parking area (See Figure 3-5) defined as follows:

a. "Driveway" means the hard-surfaced area leading from the public street to garage parking or other approved off-street parking space that is surfaced by concrete, bricks, pavers, or other similar materials. The driveway width shall not exceed the width of the garage or other approved off-street parking space.

b. "Improved parking area" means an area abutting the driveway surfaced by concrete, bricks, pavers, or other similar materials and located between the driveway and the nearest interior side property line. An improved parking area may not be located between the driveway and the secondary street of a corner lot.

9. Parking of recreational vehicles, as defined in Chapter 17.80, is not allowed on driveways leading to garage parking or other approved off-street parking spaces except as provided for under Section 17.80.050 for temporary loading, unloading, and/or cleaning, not to exceed twenty-four hours.

10. No person shall park any motor vehicle, or recreational vehicle as defined in Chapter 17.80, within front yard and side-street yard areas, as defined in 224 of 507
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Chapter 17.90, on any of the following areas or in any of the following configurations except as specifically permitted herein or elsewhere in the code:

a. On any unpaved surface.

b. Outside the driveway width area leading to the garage or other approved parking space or outside the improved parking area abutting the driveway, if any.

c. Such that a motor vehicle or recreational vehicle is straddling, or is partially on, a driveway or improved parking area and partially on an unpaved or paved surface (other than an improved parking area) next to the driveway, or such that it overhangs the public right-of-way.

d. A motor vehicle or recreational vehicle may not be parked in any configuration on a driveway or improved parking area which would require vehicle circulation outside the width of the driveway area.

11. Where single-car driveways exist, individual paved wheel tracks are allowable as long as they extend without interruption from the public right-of-way to a single-car garage or other approved single-car off-street parking space.

12. Permitted parking shall apply only to registered or operable motor vehicles.

Unregistered and/or inoperable vehicles shall not be parked on driveways and/or improved parking areas, as defined herein, within the front or street side setback areas.

Figure 3-5, Residential Parking Location Restrictions
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17.36.040 Parking Requirements for Non-Residential Uses.

Off-street parking spaces shall be provided in compliance with Table 3-3 (Off-street Parking Requirements for Commercial and Service Uses) and Table 3-4 (Off-street Parking Requirements for Industry, Manufacturing and Warehouse Uses), except as provided for in Sub-sections A and B below. These standards shall be considered the minimum required to preserve the public health, safety, and welfare of the community.

An increase or decrease in the parking requirements may be authorized by the Review Authority in particular circumstances where these requirements are determined to be inadequate or inappropriate for a specific use. These cases may be determined through a parking study if required by the Reviewing Authority.

TABLE 3-3
OFF-STREET PARKING REQUIREMENTS:

COMMERCIAL & SERVICE USES

Land Use Minimum Parking Spaces Required

Automotive/Vehicle Uses
Auto/Motorcycle Sales & Leasing 1 space per employee plus 1 space per 2,000 s. f. of vehicle display area
Service/Fueling Station 1 space per 300 s.f. of office/retail Vehicle Repair 2 spaces per service bay
Vehicle Supplies, Parts, Accessories 1 space per 300 s.f. of gross floor area Vehicle Washing/Detailing 1 space per employee plus queuing as determined by Site Plan Review

Business, Financial & Professional Uses
Financial Institutions 1 space per 250 s.f. of gross floor area Medical Offices 1 space per 200 s.f. of gross floor area or 4 spaces per doctor Offices - professional 1 space per 250 s.f. of gross floor area

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TABLE 3-3
OFF-STREET PARKING REQUIREMENTS:

COMMERCIAL & SERVICE USES

Land Use Minimum Parking Spaces Required

Eating & Drinking Establishments
Bars, Taverns, Cocktail Lounges 1 space per 50 s.f. of gross floor area Bars, Taverns with Food Service 1 space per 50 s.f. of gross floor area Restaurant 1 space per 100 s.f. of gross floor area
Restaurant with Drive-Thru 1 space per 100 s.f. of gross floor area plus queuing for 5 vehicles behind menu board. 2 spaces in queuing lane shall be credited in computing parking requirement.

Educational Uses
Business School 1 space per employee plus 7 spaces per classroom College or University 1 space per employee plus 10 spaces per classroom Preschool 1 space per employee plus 1 space per 10 children Trade Schools, Learning Centers 1 space per employee plus 7 spaces per classroom

Institutional Uses
Art Gallery 1 space per 300 s.f. of gross floor area
Auditorium, Public/Private Assembly 1 space per 4 seats or 1 space per 30 s.f. of gross floor area, whichever is greater
Church, Religious Institutions 1 space per 4 seats or 1 space per 30 s.f. of gross floor area, whichever is greater

Medical-Related & Care Uses
Community Care Facility 1 space per 4 resident beds
Day Care, Licensed: 6 or fewer clients No additional parking required beyond residential use Day Care, Licensed: 7 or greater clients 1 space per employee plus 1 space per 10 clients Hospital, Acute care Facilities 1 space for each 2 beds the facility is licensed for Sanitarium 1 space per 3 beds

Recreation, Entertainment & Hospitality Uses
Bed & Breakfast 1 space per guest room plus 1 space per employee Dance Hall, Ballroom 1 space per 30 s.f. of gross floor area Health Club, Fitness Center 1 space per 100 s.f. of gross floor area Hotel, Motel 1 space per guest room plus 1 space per each 2 employees.

Banquet halls/meeting rooms require 1 space per 4 seats or 1 space per 30 s.f. of gross floor area, whichever is greater Nightclub 1 space per 100 s.f. of gross floor area

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TABLE 3-3
OFF-STREET PARKING REQUIREMENTS:

COMMERCIAL & SERVICE USES

Land Use Minimum Parking Spaces Required

Retail Sales & Service Commercial Uses
Barbers, Hairstylists & Nail Salons 2 spaces per employee Laundromat 1 space per 3 washing machines
Laundry, Dry Cleaners 1 space per 250 s.f. of gross floor area Retail Sales - General 1 space per 300 s.f. of gross floor area Retail Sales – Bulky/Large Merchandise 1 space per 500 s.f. of gross floor area Service Commercial - General 1 space per 500 s.f. of gross floor area Wholesale Commercial Uses 1 space per 500 s.f. of gross floor area plus 1 space per 2 employees at maximum shift

TABLE 3-4
OFF-STREET PARKING REQUIREMENTS:

INDUSTRY, MANUFACTURING & WAREHOUSE USES

Land Use Minimum Parking Spaces Required

Manufacturing, Assembly & Warehouse Uses
Manufacturing & General Industrial Uses 1 spaces per employee plus 1 space per company vehicle Storage & Open Uses (Outside of Buildings) 1 space per employee Warehousing 1 space per 1,000 s.f. of gross floor area

B. Uses within the Historic Downtown Overlay District. Parking requirements for uses within the Historic Downtown Overlay District are shown in Table 2-11, Section 17.24.040 D.

C. Adjustments and Alternatives. All parking spaces required by this Chapter shall be located on the same parcel of land as the use to be served except as provided in Section 17.36.060. In addition, the Director may approve alternatives to providing the number or location of off-street parking spaces required, in accordance with the following standards.

1. Credit for Public Parking in the C-D District

a. The Director may give credit for on-street parking spaces located within 200 feet of an entry of the building in which the use is located. 228 of 507
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b. Spaces available in public parking lots located within 400 feet of the subject use may be counted toward the total amount of required off-street parking if the Director determines that the spaces are reasonably available for the use.

17.36.050 Parking Area Design Standards.

A. General Design Requirements.

1. Location of Parking: Off-street parking areas shall be located as follows:

a. Parking shall be located on the same parcel as the use served. Garage parking shall be located in compliance with the garage structure setback requirements of the applicable zoning district within which the use is located.

b. Parking for a non-residential use may be located on a separate parcel where the Reviewing Authority determines that the requirements and findings of Section 17.36.060, Shared/Joint Use and Off-Site Parking, are satisfied.

c. No parking space or aisle providing access to parking spaces shall be located in a required front setback or a street side setback of a corner lot.

d. All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. The planning director may approve exceptions for single-family homes and other residential projects.

e. No parking space shall be located so that a vehicle will maneuver within twenty feet of a vehicular entrance measured from the face of the curb.

f. Off-street parking facilities shall be designed so that each space can function independently of any other space. Tandem parking spaces shall not be permitted.

g. Vehicle parking and access thereto shall be provided on a permanently paved surface. The planning director may approve exceptions for industrial property yard areas where an acceptable dust binder is used in conjunction with an aggregate surfacing material.

2. Driveways and Site Access: Driveways providing access from a street, alley or other public right-of-way shall be designed and constructed as follows:

a. Only one drive approach is allowed per frontage for single-family dwellings, except as provided for in Sub-Section 2 b below. Any drive approach shall 229 of 507
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require an encroachment permit issued by the City of Wasco public works department.

b. Single-family lots with street frontage of 100 feet or greater on one street shall be eligible for two drive approaches (circular drive) with planning department approval.

c. All commercial and industrial developments shall have a drive approach a minimum of twenty feet in width with a minimum vertical clearance of fifteen feet.

d. Curb-cuts for proposed development shall be limited to the extent that access is provided to the site with the minimum of ingress and egress points so as to protect the safe traffic flow of abutting streets. Unless an exception is granted by the planning commission drive access points in commercial and industrial zones shall be shared access easements unless it is not feasible to do so.

e. When deemed necessary for the traffic safety of the community, the Planning Director shall have the right to require as a condition of granting approval of a planning entitlement, that a parcel provide an easement for purposes of vehicular access.

3. Parking Lot Lighting:

a. Lighting shall be hooded and arranged to direct light away from adjoining properties and streets.

b. Light standards within parking lots shall be a maximum of 20 feet in height.

When the parking lot abuts a residentially zoned property light standards shall not exceed 15 feet in height.

4. Electric Vehicle Charging Facilities: Electric vehicle charging infrastructure shall be provided in required parking facilities for multi-family housing and nonresidential developments according to standards outlined by the California Green Building Standards Code. Where electric vehicle charging stations are provided in parking areas they shall follow the development standards outlined in the California Green Building Standards Code.

B. Parking Stall and Drive Aisle Dimensions.

Each parking stall, parking lot layout, and access aisle shall comply with the minimum dimension requirements in Table 3-5 and Figure 3-6.

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TABLE 3-5

PARKING SPACE AND DRIVE AISLE DIMENSIONS

Type of Parking Stall

Stall Width Stall Length(1)

Drive
Aisle
Width
Angle(2)
Width
Angle(2)
Length

Parking Stall Angle
Parallel (0°) 8 ft 22 ft 12 ft
45 Degree 9 ft 18 ft 16 ft 13’ 5” 19’ 8”
60 Degree 9 ft 18 ft 19 ft 11’ 20’ 10”
90 Degree 9 ft 20 ft 25 ft

Access Aisle(3) One-Way Two-Way
Multi-Family 12 ft 20 ft
Commercial, Industrial 12 ft 25 ft

Notes:
(1) With the exception of parallel parking, wheel stops or a planter curb may be provided for each parking space. The wheel stops or planter curb shall be set a minimum of 24 inches from the forward end of the parking stall and shall be 6 inches high and made of concrete. If a planter curb is used in lieu of a wheel stop, the parking stall paving may be shortened to a minimum of 18 feet, and the planting materials contained in the area of the vehicle overhang shall be a low-growing ground cover.

(2) See Figure 3-6

(3) Access aisle dimensions assume no parking along them.

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Figure 3-6
Minimum Dimensions for Parking Lot Layouts

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C. Landscape Standards for Parking Lots.

Landscaping requirements outlined in this Section shall be applicable to all new development and to modification and/or expansion of nonconforming lots where the modification and/or expansion equals or exceeds 20 percent of the parking lot area or square footage of structures served by the parking lot.

1. Landscape Coverage: A minimum of five (5) percent of the parking lot shall be landscaped and maintained. This landscaping shall be in addition to any other landscaping required pursuant to this Division.

2. Trees: Trees shall be planted and maintained in all parking lots at a ratio of at least one tree per 10 parking spaces. Trees shall be of a variety that provides a wide canopy, subject to review and approval of the Planning Director. All newly planted trees shall be a minimum 15 gallon size with a one-inch diameter at breast height.

3. Location of Landscaping: Planting areas shall be evenly distributed as possible throughout the entire parking area. A landscaped planter of at least 80 square feet shall be provided at least every ten parking spaces and at the end of parking rows.

4. Perimeter Parking Lot Landscaping:

a. Adjacent to Streets: Where parking areas adjoin a public right-of-way, a ten- foot wide landscape planter strip shall be established and continuously maintained between the public right-of-way and the parking area.

b. Adjacent to Residentially Zoned Property: Where parking areas for nonresidential uses abut property zoned for residential use, a landscaped buffer strip with a minimum width of five feet shall be provided between the parking area and the common property line bordering the residential zone. In addition, a six-foot high solid masonry wall shall be constructed along the common property line bordering the residential zone, subject to review and approval of the Planning Director.

5. Parking Lot Landscape Plan Approval: Proposed parking lot landscaping as required by this Section shall be reviewed and approved by the Planning Director through a Site Plan Review process. Plans shall include a variety of plant materials with an emphasis on drought-tolerant species.

17.36.060 Shared/Joint Use and Off-Site Parking.

Where it can be demonstrated that two or more land uses can effectively share common parking facilities due to the nature of the uses and their distinctly different demand for 233 of 507
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parking, or where off-site parking is proposed to meet parking requirements, an application may be filed requesting a shared/joint use or off-site parking arrangement.

Such application shall include whatever information the Planning Director deems necessary, which may include a parking study that identifies the parking demand of all subject land uses and that clearly demonstrates how and why shared and/or off-site parking facilities will supply adequate parking.

The following types of development shall be eligible to apply for shared use and/or off- site parking arrangements to meet parking requirements:

a. Nonresidential new construction.

b. Additions and/or rehabilitation of existing structures, or changes in use or occupancy in existing structures.

c. Residential uses are not eligible to apply for shared use or off-site parking arrangements.

A. Requirements for Allowing Shared Parking Arrangements.

1. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction. Public rights-of-way and/or on street parking shall not be used or counted to reduce the number of shared on- site parking spaces. Shared parking approval will be based on the following:

a. Shared use parking and off-site parking are based on the assumption that patrons will use a single parking space for more than one destination and that a shared parking space will be open and available for short-term parking to serve different uses in relatively close proximity to each other which may have different peak hours.

b. A sufficient number of parking spaces are provided to meet the shared parking demand of the participating uses, and satisfactory evidence, as deemed by the Planning Director, has been submitted by the parties operating the shared parking facilities to demonstrate the lack of potential conflict between them.

c. Land owners and/or business participating in all joint, shared, and off-site parking arrangements shall be required to enter into an agreement with the City to assure that the required shared parking facilities are maintained as such, and the uses with complimentary business hours remain for the life of the commercial development. This agreement shall be recorded with the 234 of 507
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County Recorder. This agreement shall be recorded against each property participating in the shared parking arrangement.

d. In the event of a change in use or occupancy within the participating properties and businesses, a new application shall be filed or the existing parking agreement amended to the satisfaction of the Planning Director.

B. Findings for Approving Shared/Joint Use and Off-site Parking Arrangements.

In approving a request for shared/joint use or off-site parking, the Review Authority shall make all of the following findings:

1. There is clear evidence that peak hour parking demand from all uses participating in the shared parking arrangement do not coincide and/or uses are established in a way that the hours of operation are different for the various uses.

2. There is adequate parking provided for all participating uses.

3. The shared use or off-site parking arrangement will be an incentive to and a benefit for the participating business development.

4. Adjacent or nearby properties will not be adversely affected by the shared/joint use or off-site parking.

17.36.070 Disabled Parking Requirements.

A. Accessibility Requirements

Parking facilities shall be designed to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures.

Parking spaces specifically designed and located for the use of the disabled/handicapped shall also be required. Standards for these facilities shall be based on the standards of the American Standards Association (ANSI) and/or other applicable guidelines.

B. Number of Spaces Required

Parking spaces for the disabled shall be provided in compliance with the Federal Accessibility Guidelines and/or the California Code of Regulations Title 24 at the rate shown in Table 3-6 below. Parking spaces required for the disabled shall count toward compliance with required parking for various land uses required by this Chapter.

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TABLE 3-6
DISABLED PARKING REQUIREMENTS:

Number of Spaces
Required in Parking Facility
Number of Required
Accessible Parking Spaces

1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9

17.36.080 Bicycle Parking Requirements.

A. General Requirements

Multi-family and nonresidential land uses shall provide bicycle parking in compliance with the following:

1. Bicycle parking shall be located within 100 feet of the primary entrance of each structure they are intended to serve.

2. Bicycle parking shall be provided with a stationary object to which a user can secure the frame of a bicycle with a user-provided cable lock. The stationary object may be either a freestanding rack or a wall-mounted bracket. The rack or wall-mount shall be compatible in architectural character (color, materials) with the primary structure on the parcel.

A. Bicycle Spaces Required

1. Multi-family, retail commercial, offices, and institutional uses shall provide bicycle parking spaces equal to a minimum on one (1) bicycle space for every 10 vehicle spaces, with a minimum of two (2) bicycle spaces.

17.36.090 Off-Street Loading Requirements.

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Except in the Historic Downtown Overlay District, every nonresidential use shall provide off-street loading spaces in compliance with this Section in addition to automobile parking requirements.

A. Loading Space Requirements

1. Every new nonresidential building and every nonresidential building enlarged by 5,000 square feet or more shall provide off-street loading areas in compliance with Table 3-7.

TABLE 3-7
OFF-STREET LOADING REQUIREMENTS:

Building Square Footage Loading Spaces Required 1

5,000 to 30,000 1
30,001 to 90,000 2
9,001 to 150,000 3
150,001 and above As determined by Planning Director

Notes:

1 In any nonresidential development or expansion proposal the minimum loading space requirement may be reduced or waived upon a finding by the Planning Director that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space(s) will not be needed.

2. Multi-Tenant Buildings: The square footage of the entire building shall be used in determining loading spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant projects may be substituted for required loading areas.

B. Loading Space Design

1. Each off-street loading space shall not be less than 12 feet wide by 30 feet long, with at least 14 feet vertical clearance, with adequate provision for ingress and egress.

2. On-site loading spaces shall be designed and maintained so that the maneuvering, loading, or unloading of trucks does not interfere with vehicular and pedestrian traffic. Truck maneuvering areas shall not encroach into required parking areas, travelways or street rights-of-way.

3. For all loading areas facing or abutting residentially zoned property there shall be a minimum 8-foot high solid masonry wall, approved by the Planning 237 of 507
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Director, to screen the loading area view, activity and noise from the residentially zoned property. All wall treatments shall have an architectural finish on the residential side of the wall, to be approved by the Planning Director.

17.36.100 Vehicle Storage Area Requirements.

A. General Requirements

Off-street vehicle storage areas shall be designed and developed in accordance with the standards listed below and in Table 3-8:

1. All vehicle storage areas shall have a paved surface providing for drainage control as determined by the City Engineer. An alternative surfacing may be approved for vehicle storage if it can be demonstrated to be dust free and provide adequate drainage control.

2. Parking stall and aisle design shall comply with the standards in Section

17.36.050.

3. All vehicle storage areas shall be completely screened from view by a permanent 6-foot high solid opaque fence or wall.

4. Any lighting of vehicle storage areas shall be shielded to direct light down onto the storage area and directed away from adjacent properties and public rights- of-way.

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TABLE 3-8

VEHICLE STORAGE AND PARKING REGULATIONS

Residentially Zoned and
Residentially Developed
Property
Nonresidential Zones
(Excluding Residentially
Developed Property)

Parking and Storage Conditions
Vehicles &
Recreational
Vehicles
Abandoned,
Dismantled or
Inoperative
Vehicles
Vehicles &
Recreational
Vehicles
Abandoned,
Dismantled or
Inoperative
Vehicles
Enclosed completely within a building and
not visible from the street or other public
or private property

P
Stored or parked at the business of a
licensed dismantler, licensed vehicle
dealer or junkyard

P
Stored or parked on a lot with zoning
approval for that purpose, in connection
with a lawfully conducted business

P
Stored or parked in an area visually
screened from each abutting public street
and property by a 6-7 foot high
permanent, solid, opaque fence or wall.

The fence or wall shall be constructed and
maintained in accordance with applicable
development standards for fences and
walls.

N
Temporarily stored or parked on a paved
driveway connecting a garage or carport
with a public or private street for the
purposes of loading/unloading.

P N N N
Stored or parked on any unpaved surface,
except as permitted above.

N N N N

P = Permitted

N = Prohibited

Note: 1 Excludes buses, tow trucks, dump trucks, flatbed trucks, tractors, tractor trailers, catering trucks, or any other commercial vehicle over twenty-five feet long or eight feet in height or ninety inches wide.

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Chapter 17.38 – Signs

Sections:

17.38.010 Purpose and Intent

17.38.020 Applicability

17.38.030 Exempt Signs

17.38.040 Prohibited Signs

17.38.050 Political Signs

17.38.060 Master Sign Plan

17.38.070 Permanent Sign Standards & Allowed Sign Area

17.38.080 General Provisions for Permanent Signs

17.38.090 Standards for Specific Types of Permanent Signs

17.38.100 Standards for Temporary Signs

17.38.110 Off-Site Residential Subdivision Directional Signs

17.38.120 Vintage Signs

17.38.130 Nonconforming Signs

17.38.140 Abandoned Signs

17.38.150 Sign Exceptions

17.38.010 Purpose and Intent.

This Chapter provides standards for signs to safeguard life, health, property, safety, and public welfare, while encouraging compatibility, creativity, variety, and enhancement of the city’s small-town image. The specific purposes of sign regulation are to:

1. Provide each sign user an opportunity for effective identification by regulating the time, place, and manner under which signs may be displayed.

2. Enable users of goods and services to identify establishments offering services to meet their needs.

3. Ensure freedom of expression for all sign uses by maintaining a content-neutral approach to sign regulation.

4. Regulate the number and size of signs according to standards consistent with the purpose of land use.

5. Encourage creative, well-designed signs that contribute in a positive way to the city’s visual environment and help maintain a small-town image of quality for the city of Wasco.

6. Ensure that older vintage commercial signs that are commonly looked upon as unique and part of Wasco’s small-town look are protected and able to be reestablished and maintained without meeting the requirements of this chapter. 240 of 507
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7. Ensure the quality of the city’s appearance by avoiding sign clutter.

17.38.020 Applicability.

1. Signs Allowed. The sign standards in this chapter are intended to apply to all types of signs in the city, except for the downtown (Historic Downtown District), which has a specific and unique set of standards.

2. Exceptions. Exceptions to the standards of this chapter may be allowed through the approval of a sign exception in compliance with Section 17.38.150 (Sign Exceptions).

3. Nonconforming Signs. An existing legally allowed sign that does not conform to the requirements of this chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 17.38.130 (Nonconforming Signs).

4. Sign Permit Required. A Sign permit shall be required for all signs, including change of copy allowed under provisions of this Chapter. Content of commercial advertizing and/or identification shall be considered only to the extent required to confirm that the sign addresses products, services and/or identification of the premises where the sign is located.

17.38.030 Exempt Signs.

The following signs are exempt from other requirements of this chapter if developed and maintained in compliance with the provisions/limitations of this section. All routine general maintenance and repair of signs shall be exempt from building permit approval.

1. Accessory Signs. Signs manufactured as a standard integral part of a mass- produced product accessory to a commercial or public or semi-public use, including automated teller machines, gasoline pumps, and telephone booths. The signs may contain the company’s name and/or logo only. No advertising message shall be provided.

3. Affiliation Signs. Signs that provide notices of services (e.g., credit cards accepted, trade affiliations). Signs or notices shall not exceed one square foot in area for each sign, and no more than three signs shall be allowed for each business.

4. City Owned Signs. Signs owned and operated by the City of Wasco for community benefit.

5. Signs Within Interior Spaces. Signs within an interior arcade, courtyard, mall, or similar area and not visible or intended to be visible from an alley, parking lot, or street.
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6. Site Address. Limited to two for each street address. Individual numbers and letters shall have a minimum height of four inches and width of two inches and shall not exceed a height of eight inches for residential uses and twenty-four inches for nonresidential uses.

7. Identification Signs on Construction Sites. Such sign shall be limited to one directory or pictorial display sign per street frontage or entrance up to a maximum of two signs, identifying all contractors and other parties (including lender, realtor, subcontractors, etc.). Each sign shall not exceed thirty-two square feet in area and eight feet in height. Each sign shall be removed prior to issuance of certificate of occupancy.

8. Future Tenant Identification Signs. One wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project on the property and where contact information may be obtained. One sign per street frontage, not to exceed thirty-two square feet in area and eight feet in height.

9. Residential Real Estate/Open House Signs. For residential sales, signs shall be limited to one per street frontage not exceeding four (4) square feet in area and four feet in height, with no illumination.

17.38.040 Prohibited Signs.

The following signs are inconsistent with the purposes and standards of this chapter and are prohibited in all zoning districts except where noted.

1. Cabinet (can) signs that are mounted flush against a building wall, except for corporate logos. Cabinet signs with opaque backgrounds and illuminated letters are allowed as projecting signs only.

2. Electronic message signs except time and/or temperature signs.

3. Signs that advertise an activity, business, service, or product no longer conducted or sold on the premises forty-five days after the discontinuance or abandonment, except signs listed on, or eligible for, the city’s vintage sign inventory.

4. Signs that blink, flash, or move in any manner, have any portions that move, or have the appearance of moving, except for signs listed in the vintage sign inventory, clocks, time and temperature displays, and public service signs.

5. Balloons, lighter-than-air devices, and inflatable signs and objects, except as may be allowed through a temporary sign permit.

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6. Banners, pennants, ribbons, spinners, streamers, or other similar devices, except as specifically allowed through a temporary sign permit.

7. Signs mounted on the roof of a building, including mansard roofs, and similar architectural roof-like elements.

8. Advertisings, banners, bills, cards, notices, placards, posters, signs, stickers, or other devices designed to attract the attention of the public that are posted or otherwise affixed upon any street, street furniture, right-of-way, public sidewalk, crosswalk, curb, lamppost, fencing, hydrant, tree, alley, telephone pole, public telephone, lighting system, or other public alarm or communication system.

8. Signs emitting audible sounds, odors, or visible matter.

17.38.050 Political Signs.

Political signs which shall be erected in accordance with the following provisions (no permit required):

1. Any such sign shall be erected no earlier than eighty-eight days prior to the election and shall be removed within fifteen days after such election. Candidates successful in a primary election are subject to the same provisions and shall remove signs fifteen days following the primary election and may erect signs not earlier than eighty-eight days prior to the general election.

2. Each candidate is allowed one political sign per parcel. On a residential site, the sign may be a maximum of sixteen square feet in area and erected to a maximum height of six feet. On commercial or vacant sites, the sign may be a maximum of thirty-two square feet in area and erected to a maximum height of six feet except as provided in subsection D of this section.

a. For the purpose of this provision, "residential site" means a lot or parcel which has a residential use or structure built on it and "commercial site" means a lot or parcel which has a commercial use or structure built on it.

Residential or commercial sites are not intended to reflect the zoning of the property.

3. Political signs may not be attached to trees, fence posts, or utility poles except on private property where written permission from the property owner has been obtained.

4. Portable or temporary A-frame signs are prohibited. V-shaped signs (two surfaces with two edges connected and the other two edges spread apart so that the faces read from different directions) are permitted subject to the criteria 243 of 507
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that they are supported with a maximum of three posts placed with an interior angle of not more than ninety degrees.

5. No political signs shall be attached and erected on public property or within the public right-of-way and shall not obstruct sight line visibility at intersections.

6. In cases where political signs are not removed within the specified time period, the city planning department shall cause to be removed those signs which remain and the cost and expense of such activity shall be paid by the candidate.

17.38.060 Master Sign Plan.

A. Purpose. A master sign plan is intended to integrate project signs into the architectural design of the site, thereby creating an architectural statement of high quality. A master sign plan provides a flexible means of applying and modifying the sign regulations in this chapter to ensure high quality in the design and display of multiple permanent signs for a project or use and to encourage creativity and excellence in the design of signs. It is expected that the design quality of signs proposed under a master sign plan will be of a superior quality and creativity to those that might result through the normal sign permit process. The provisions of a master sign plan shall not include any types of temporary signs.

B. Applicability. The approval of a master sign plan shall be required whenever any of the following circumstances exist:

1. Whenever six or more separate nonresidential tenant spaces are created on the same parcel;

2. Whenever six or more permanent nonexempt signs are proposed for a single use; and

3. Whenever the community development director determines that a master sign plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes) or when unique, creatively designed signs are being proposed and certain aspects of the sign’s design (e.g., animation) might not otherwise be allowed.

C. Approval Authority. A master sign plan shall be approved by the community development director before the issuance of a sign permit. In approving a master sign plan, the community development director shall find that the plan's contribution to the design quality of the site and the surrounding area will be superior to the quality that would result under the regulations of this chapter.

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D. Modification of Regulations. A master sign plan may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in this chapter. Allowed modifications may relate to sign area, number of signs, height, and location. Less restrictive provisions in a master sign plan shall not include signs that are otherwise prohibited by this chapter. The applicant may appeal a decision of the community development director to the planning commission.

E. Application Requirements. A master sign plan shall include all information and materials required by the community development department, and the filing fee in compliance with the city council’s fee resolution.

F. Findings. In order to approve a master sign plan, the following findings shall first be made:

1. The master sign plan complies with the purpose of this chapter;

2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identify and with surrounding development;

3. The master sign plan contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and

4. The master sign plan complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the master sign plan will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this chapter.

G. Revisions to Master Sign Plans.

1. Revisions to master sign plans may be approved by the community development director if the intent of the original approval is not affected.

2. Revisions that would substantially deviate from the original approval shall require the approval of a new master sign plan.

17.38.070 Permanent Sign Standards & Allowable Sign Area.

Each sign shall comply with the sign type, area, height, and other restrictions provided by this Section, in addition to the provisions of Section 17.38.090, Standards for Specific Types of Permanent Signs. Table 3-9 (Sign Regulations by Use Type) prescribes regulations for permanent signs.

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TABLE 3-9

SIGN REGULATIONS BY USE TYPE

Sign Type Maximum
Number
Maximum
Sign Area
Maximum Sign
Height
Location Lighting
Allowed
Other
Regulations
Attached Multi-Family Signs
Wall or
Monument
Signs
1 per street
frontage
16 sf Wall below
eave, 6 feet for
monument
5’ setback
from R-O-W
Yes External
illumination
only
Commercial, Office, and Industrial Signs
Wall Signs1 1 per street or
parking lot
frontage, plus

1 per secondary
bldg. frontage
1 sf per lineal
ft of primary
bldg/tenant
frontage, plus

0.5 sf per
lineal ft of
secondary
bldg frontage
Below eave or
fascia
Centered on
bldg. wall or
tenant
frontage

Yes Signs shall be
placed flat
against the wall

See 17.38.090 G
Freestanding
Monument
1 per street
frontage
32 sf 6 ft 5’ setback
from R-O-W
Yes See 17.38.090 C
Freestanding
Pylon
1 per parcel
over 2 acres
50 sf 35 ft 5’ setback
from R-O-W
Yes See 17.38.090 C
Awning and
Canopy Signs
1 per awning or
canopy
50% of
valance or
canopy fascia
with 8”
maximum
height letters
Awning valance
flap or canopy
fascia only
Awnings on
1st story
window and
doors only
No
See 17.38.090
A
Projecting
Signs
1 per tenant
frontage
6 sf Bottom of sign
minimum of 8’
above sidewalk
1st floor of
building, 3’
maximum
projection
over public
sidewalk
No
See 17.38.090 E
Permanent
Window Sign
1 per 1st story
window or
glass door
25% of each
window glass
area. Area is
cumulative
for both
temporary &
permanent
signs.

N/A
1st story
window or
glass door
No
See 17.38.090
H

Notes:

1 Cabinet signs are prohibited. Wall signs shall consist of individual letters only.

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TABLE 3-9

SIGN REGULATIONS BY USE TYPE

OTHER USES
Sign Type Maximum
Number
Maximum
Sign Area
Maximum Sign
Height
Location Lighting
Allowed
Other
Regulations
Commercial Real Estate Signs
Freestanding 1 per street
frontage
32 sf 8 ft 5’ setback
from R-O-W
No
Institutional, Churches
Wall or
Monument
1 per property 32 sf Wall below
eave, 6 feet for
monument
5’ setback
from R-O-W
Yes External
illumination
only
Service Station Sign
Freestanding
Pylon or
Monument
1 per street
frontage
100 sf, (fuel
price signs
not counted
in maximum
sign area)
20 ft 5’ setback
from R-O-W
Yes
See 17.38.090
I (3)

17.38.080 General Provisions for Permanent Signs

A. Change or Vacation of Business. When the name of a business or the location changes, or upon vacating a business location, the business or property owner shall remove the sign copy that advertised the previous business. At no time shall a sign cabinet remain empty and without a copy panel so that the internal lighting and electrical fixtures are exposed. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque copy panel (face) shall be installed in the sign cabinet structure.

B. Frontage Allocation Not Transferable. No sign or sign area allowed on one frontage shall be transferred to another frontage.

C. Vintage Signs. A sign designated as a vintage sign (see Section 17.38.120) shall be exempt from the requirements of this chapter as to height, illumination, location, movement, and sign area and may be maintained as a legally conforming sign subject to the provisions outlined in Section 17.38.120.

D. Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties. The following standards shall apply to all illuminated signs:

1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

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2. Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding fifteen watts.

3. Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within one hundred feet of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of eleven p.m. and six a.m. unless they identify an establishment open for business during those hours.

4. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

5. Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.

6. The use of neon signs and lighting is regulated by Section 17.38.090(D) (Neon Signs and Architectural Lighting).

E. Maintenance, Alteration, and Removal.

1. All signs and sign structures including those otherwise specifically exempt from the provisions of this chapter, including all parts, portions, and materials, shall be maintained in good repair and structurally sound. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city. Noncompliance with the notification shall constitute a public nuisance.

2. Existing signs shall not be physically altered (except for routine general maintenance and repair), moved, or relocated unless the sign complies with all provisions of this chapter. Legal, nonconforming signs shall comply with the requirements of Section 17.38.130 (Nonconforming Signs).

3. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

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F. Measurement of Sign Height. The height of a sign shall be measured as the vertical distance from the uppermost point used in measuring the area of the sign to the lowest elevation of the existing grade immediately below and adjoining the sign. See Figure 3-1 (Sign Height).

Figure 3-7--Sign Height

G. Measurement of Sign Area.

1. The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, corporate branding, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. See Figure 3-2 (Sign Area Measurement).

Lettering with No Sign Board Lettering with Sign Board

Figure 3-8--Sign Area Measurement

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3. Double-faced signs with back-to-back sign faces shall be regarded as a single-faced sign if the distance between each sign face does not exceed two feet at any point.

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4. Where a sign contains three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like objects), the sign area shall be measured as the maximum projection of the objects upon a single vertical plane.

17.38.090 Standards for Specific Types of Signs

A. Awning Signs.

1. Lettering shall be allowed on awning valances only and shall not exceed eight inches in height. Logos, symbols, and graphics that do not include text may be allowed on the shed (slope) portion of an awning and shall not exceed four square feet in area for each awning.

2. Lettering shall be located within the middle seventy percent of the valance area.

3. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings.

4. Awning signs shall only be allowed for first-story occupancies.

5. Awnings shall not be lighted from under the awning (backlit) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6. Awnings shall be regularly cleaned and kept free of dust and visible defects.

B. Changeable Copy Signs. Changeable copy signs may be allowed in conjunction with facilities used exclusively for the presentation of cultural, religious, and theatrical activities, and similar group assembly uses including schools.

C. Freestanding Signs.

1. Freestanding signs include monument and pylon signs and shall be allowed only for frontages adjoining a public street.

2. Freestanding signs shall be set back a minimum of five feet from a street property line, a minimum of five feet from an interior property line, and a minimum of ten feet from the edge of a driveway. See Figure 3-3 (Location of Freestanding Signs).

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3. There shall be a minimum of two hundred fifty feet between freestanding signs on the same site or thirty feet between signs on adjoining sites to ensure adequate visibility for all signs.

4. For corner lots, freestanding signs shall not be located in the required twenty-five-foot vision triangle. On a case-by-case basis, this requirement may be waived by the community development director. See Figure 3-3 (Location of Freestanding Signs).

Figure 3-9 – Location of Freestanding Signs

5. Freestanding signs shall be a minimum of fifty feet from a lot line of any residentially zoned property.

6. Freestanding signs shall not project over any building or over any on-site driveway or vehicle circulation area in a parking facility.

7. No more than six tenants are allowed for each freestanding sign.

8. The supporting structure of a freestanding sign shall not include exposed metal pole(s), but should be surrounded by a decorative pole cover architecturally compatible with the sign cabinet.

9. Freestanding signs shall contain an address plate identifying the subject property. Numbers shall be a minimum of six inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowed sign area.

D. Neon Signs and Architectural Lighting. The use of neon tubes for signs or architectural elements shall be allowed in any commercial zoning district only subject to the following requirements:

1. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum thirty milliamps per circuit and be designed to accommodate a dimmer in order to reduce the brightness of the neon. 251 of 507
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2. The neon manufacturer shall be registered with Underwriters Laboratories.

3. Neon tubing shall not exceed one-half inch in diameter.

4. Neon lighting adjacent to residential uses shall not exceed one-half foot- candle measured at the property line.

5. Neon tubing shall not be combined with any reflective materials (e.g., highly glazed tiles, mirrors, polished metal, or other similar materials).

6. When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall be concealed from view whenever possible through the use of cornices, ledges, or parapets.

7. Neon signs placed within five feet of a storefront window shall not occupy more than twenty-five percent of the window area.

8. Neon lighting that completely surrounds/outlines a door, window, or similar architectural element is not allowed.

E. Projecting Signs.

1. Projecting signs shall not be less than eight feet above the surface over which they project in pedestrian areas. Signs projecting into the public right-of-way shall require an encroachment permit and shall not project closer than two feet to a curb.

2. Projecting signs shall not project into an alley more than three feet and shall not be less than fourteen feet above the alley surface where vehicles are allowed.

3. Projecting signs may have a maximum thickness of twelve (12) inches.

4. Projecting signs shall not be closer than fifteen feet to another projecting sign or to a freestanding sign or five feet from an interior property line or line dividing two separate business frontages. The community development director may waive this requirement where it can be clearly demonstrated that it severely limits proper sign placement.

5. Projecting signs shall not project above a parapet eave or parapet, including the eave of a simulated hipped or mansard roof.

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6. Projecting signs shall not be attached to the sloping face of mansard overhangs or other architectural devices intended to resemble or imitate roof structures.

F. Signs on Multi-Frontage Lots or Buildings. Signs on buildings with more than one street frontage, or that face onto a driveway, alley, parking area, or internal pedestrian arcade/courtyard/plaza, shall be subject to the following requirements:

1. Signs shall not be placed on a building facade that does not have frontage on a public street or alley, or on a driveway, parking area, or internal pedestrian arcade/courtyard/plaza that is directly associated with and under the control of the subject property.

2. The allowable number of signs shall be computed for each separate primary or secondary building frontage. Allowances are not transferable from one street frontage to another.

G. Wall Signs

1. Signs shall be located only on a primary or secondary building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located.

2. Signs shall consist of individual letters only and may be either internally or externally illuminated. Cabinet signs are prohibited for use as wall signs.

3. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

4. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than twelve inches. The community development director may modify this requirement in special circumstances where a projection greater than twelve inches may be desirable to allow the creation of an especially creative and unique sign design.

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Figure 3-4-Sign Location on Façade

5. Signs shall be located within the middle seventy percent of the building’s or occupancy’s frontage measured from lease line to lease line. The community development director may modify this requirement where it can be clearly demonstrated that it severely limits proper sign placement. See Figure 3-4 (Sign Location on Facade).

6. Signs shall not be placed to obstruct any portion of a window or cover architectural elements (e.g., cornices, transom windows, vertical piers, and similar elements).

H. Window Signs, Permanent and Temporary.

1. Signs shall be allowed only on windows located on the ground floor and second story of a building frontage.

2. Signs shall be permanently painted or mounted on the inside of doors and windows except for allowed temporary signs. Loud fluorescent temporary paints will not be permitted.

3. Signs within five (5) feet of a storefront window shall be counted as a window sign.

I. Miscellaneous Signs.

1. Vehicle Dealer, Banners, Flags, Pennants, Etc. Banners, flags, pennants, etc., for new or used vehicle dealers may be allowed if approved through a master sign plan. Banners, etc., may be applied for by an association of dealerships or by individual dealers. The banner’s locations shall be limited to light poles or other similar devices as specified on a site plan. An inspection of the site shall be required as a condition of approval based upon the longevity of the materials used.

2. Theater Signs. A creative sign permit for a cinema or theater may authorize signs deviating from the standards of this chapter, subject to review by the 254 of 507
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community development director and approval by the planning commission. The creative sign permit may allow brighter lights, marquee signs, and other features not otherwise authorized by this chapter if the modifications are consistent with the type of use.

3. Service Station Signs. In addition to all other provisions of this chapter, the following regulations shall be applicable to service stations:

a. A master sign plan shall be approved in conjunction with the application for a building permit to alter, erect, move, or reconstruct any service station sign.

b. One freestanding sign per street frontage, not to exceed one hundred square feet in area and twenty feet in height, shall be allowed.

c. Prices for fuel are allowed in accordance with state regulations.

d. Wall signs and any other types of signs shall be in conformance with the regulations of this chapter.

4. Menu Board Signs. Two menu board signs per business shall be allowed. The maximum allowable size is six (6) square feet per sign.

17.38.100 Standards for Temporary Signs

A. Temporary Use Permit Required. A temporary use permit, issued by the community development department, shall be approved before the placement of a promotional temporary sign in all nonresidential zoning districts as indicated in Table 3-9 (Sign Regulations for Temporary Signs). The community development director may approve a temporary use permit on an annual basis, which allows the applicant to tailor the duration and the number of days of the permit to meet the particular needs of the business, as long as the total number of days in a calendar year does not exceed ninety days.

B. Number and Size Allowed. Temporary signs are allowed in addition to permanent signs allowed for the property. However, combinations of permanent and temporary window signs shall not cover more than twenty-five percent of any window.

C. Table 3-10 (Sign Regulations for Temporary Signs) provides standards under which temporary signs may be displayed. The sign areas allowed are in addition to the sign areas allowed for permanent signs.

D. Placement of Temporary Signs.

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1. Signs are allowed on private property only. Signs shall not be placed in public rights-of-way or at off-site locations.

2. Signs may be placed only in locations where permanent signs are allowed.

3. Signs shall not be attached to temporary structures.

E. Illumination Prohibited. Temporary signs shall not be illuminated.

F. Durable Materials Required. Temporary signs shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of non-rigid (e.g., paper) material.

G. Temporary Sign Permanent Mounting. Temporary signs for the purpose of advertising current specials may be permitted on an ongoing or permanent basis provided they are mounted in a permanent structure which is architecturally compatible with the building and site and which was designed and is maintained specifically for such purpose.

H. Removal of Signs. Temporary signs and their components shall be promptly removed at the expiration of the temporary use permit.

TABLE 3-10

SIGN REGULATIONS FOR TEMPORARY SIGNS

Sign Type Maximum
Number
Maximum Sign
Area
Maximum
Sign Height
Duration Other Regulations

Promotional
Signs, Non-
Residential use
1 banner sign
1 window sign
Per parcel
Banner 32 sf
Window, within
25% allowable
window sign area
20 ft 30 days at
one time, 90
days annually
total
Temporary Use Permit
required
Event Sign,
Residential area
No restriction 4 sf 6 ft Shall be
removed 10
days after
event

Event Sign, Non-
Residential area
No restriction 4 sf 6 ft Shall be
removed 10
days after
event

Construction
Signs,
Freestanding
1 at principal
street
frontage
32 sf 8 ft Shall be
removed at
completion of
construction
Location - 5’ setback from
R-O-W

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17.38.110 Off-Site Residential Subdivision Directional Signs

This section is intended to provide for the administration of a uniform, coordinated sign program for off-site residential subdivision directional signage utilizing kiosk signs that offer developers of new residential subdivisions a means of providing direction to their projects. The kiosk signs provide for multiple subdivision directional panels on one sign and will minimize confusion among prospective purchasers of new homes to find those developments, promote traffic safety by removing competing signs from busy streets, and reduce visual blight of incompatible sign types along the major traffic routes within the city. No such off-site directional sign other than those in conformance with this chapter shall be erected or maintained within the city.

A. Requirements for Kiosk Signs.

1. Kiosks shall be permitted on vacant private land in all zone districts, provided the property owner’s permission has been granted in writing. Written property owner consent shall grant the city, or the city’s designee, the right to enter the property to remove any kiosk signs not in conformance with the provisions of this section. Such written consent shall be filed with the planning director prior to issuance of a kiosk sign permit.

2. Kiosks shall be constructed of wood or similar material with individual panels provided for placement of subdivision or project names and direction. Architectural design, color, letter style, and any other design elements of the kiosk shall be approved by the planning director. All kiosks allowed by this section that are installed within the city limits shall be in accordance with approved design criteria.

3. Kiosk locations shall be approved by the planning director or appointed designee. A kiosk shall not be placed closer than one thousand feet from an existing kiosk or approved site where a kiosk is to be constructed.

4. Kiosks shall not exceed a height of eight feet and a width of four feet. An individual panel shall be limited to a maximum width of four feet and a height of eight inches. No more than five individual name panels shall be permitted on one side of a kiosk.

5. Kiosks may have more than one face. Two faces are encouraged where the kiosk can be sited to serve traffic traveling in opposite directions, or where it would reduce the amount of kiosks needed to provide adequate direction to residential subdivisions. Two-faced kiosks may be approved by the planning director.

6. A name panel shall be limited to a single line of text that may contain only the subdivision, project, builder or developer’s name, or combination thereof. All panels shall include a direction arrow pointing in the direction of the identified 257 of 507
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project. Name panels shall conform to all design elements as approved in accordance with subsection (B)(2) of this section.

7. Kiosks shall not be internally or externally illuminated in any manner.

8. Kiosks shall not obstruct the use of sidewalks, walkways, bicycle or hiking trails, and shall not obstruct the free and clear vision of motor vehicle operators, cyclists, pedestrians, or visibility of traffic control signs and lights as determined by the public works director or appointed designee.

9. Kiosks shall be set back five feet from any street right-of-way and a minimum of twenty-five feet from side and rear property lines.

10. Kiosks shall not be placed within a thirty-foot corner cutoff area at street intersections to maintain a safe sight distance for vehicles.

B. Permits.

1. Any builder or developer of a new recorded residential subdivision which contains approved lots or homes which have never been sold may apply for a permit to install a kiosk or to place a name panel on an existing kiosk to provide direction to their subdivision.

2. Applications for a kiosk or name panel (including name changes to an existing name panel) shall be made on forms provided by the planning director or appointed designee.

C. Program Administration.

1. The city may delegate portions of or the entire administration of the directional kiosk program to another entity by contract that includes, but is not limited to, installation and maintenance of kiosks, and issuance of permits for kiosks and name panels.

2. Kiosks and sign panels permitted in accordance with this section shall be continuously maintained in good condition by the permit holder or other city- designated entity.

3. The planning director shall maintain a kiosk location plan showing the location of all approved kiosk signs.

4. Sign panels shall be available to all subdivisions selling new homes on a first- come, first-served basis. Sign panels shall be placed on a kiosk beginning with the highest position on the kiosk and progressing downward. Panels shall be grouped based on the direction of travel indicated on the panel.

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5. When a panel name is changed or a panel is removed from a kiosk, all lower panels shall be moved upwards so that any new panel is placed on the bottom of its respective directional group on the kiosk.

6. All panel changes shall be approved by the planning director or appointed designee through the permit process.

7. A specific project or builder is limited to one panel for each kiosk. Multiple panels shall not be combined to identify or provide information regarding the same specific project or builder. There shall be no limit on the number of kiosks on which a specific project may be identified.

8. Within ten days after selling the last lot or home, panel signs that identify said project shall be removed from all kiosks.

D. Violations and Abatement.

1. Any permit issued in accordance with this section shall be immediately revoked by the planning director if it has been found that the permit holder has erected and maintained any off-site signage in violation of this section. The planning director shall order any panel currently in place on a kiosk identifying the builder’s/developer’s specific development to be removed immediately after the appeal period has expired if no appeal has been filed, and that builder/developer shall be prohibited from having any off-site directional signs or name panels on any kiosk for that specific development for a period of one hundred eighty days. After the one-hundred-eighty-day period, the builder/developer may be allowed kiosk panels.

2. Any order of the planning director shall be made in writing, addressed to the permit holder, and shall set forth the findings for revoking any permits and the method to appeal the decision. If no appeal is filed, the decision of the planning director shall be final and conclusive.

3. If the city is not the administrator of the kiosk program, the administrator shall immediately notify the planning director regarding any violations of this section and the planning director shall notify the party in violation in accordance with subsection (E)(1) of this section.

E. Appeal.

1. Any decision of the planning director to revoke a permit may be appealed. No later than ten days from the date of the planning director’s decision, an appeal shall be submitted in writing, along with any required appeal fee, to the planning commission in care of the planning director, setting forth the grounds for appeal. The planning commission shall hear the objections at a regular meeting no later than thirty days following the filing of the objection. The planning 259 of 507
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commission may sustain, suspend, or overrule the decision of the planning director, which decision shall be final and conclusive.

2. Pending hearing before the planning commission, all signs, kiosks and/or name panels in dispute may remain in place until a final decision is rendered.

17.38.120 Vintage Signs

The following signs are exempt from the wall, hanging or projecting sign provisions of this chapter as they are recognized for their historical character:

1. Wasco Liquor corner-mounted sign;

2. McCafferties Cleaners roof-mounted sign;

3. Hoyett’s roof-mounted sign;

4. Fiesta Latina Market pole sign; and

5. Plaza Hotel projecting sign.

A. Requirements for Vintage Signs.

A sign designated as a vintage sign shall be exempt from the requirements of this chapter as to height, illumination, location, movement, and sign area and may be maintained as a legally conforming sign subject to the following conditions:

1. All parts of the exempted vintage sign, including neon tubes, incandescent lights and shields, and sign faces, shall be maintained in a functioning condition as historically intended for the sign to the greatest degree possible.

2. Parts of vintage signs originally designed to flash or move may be allowed to continue to flash or move. There shall be no alterations to the historic pattern, speed, or direction of flashing or moving elements.

3. The wording or image of a vintage sign may be altered only if the alterations do not substantially change the historic dimensions, height, scale, style, or type of materials of the vintage sign.

4. Failure to maintain a vintage sign as required above shall be grounds for disallowing an exemption from the requirements of this chapter. The sign shall thereafter be brought into compliance with the requirements of this chapter subject to a determination by the community development director.

5. Full reconstruction of a vintage sign shall require the approval of the community development director.

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These signs shall not be removed or altered without a historic district design review permit.

17.38.130 Nonconforming Signs

A. Continuation and Maintenance.

1. A legal, nonconforming sign may be continued, except as provided in subsection (C) of this section, or unless ordered discontinued, modified, or removed as a public nuisance in compliance with the municipal code.

2. Routine maintenance and repairs may be performed on a nonconforming sign.

B. Alteration and Enlargement.

1. Nonconforming signs shall not be altered, enlarged, or moved unless a sign exception, in compliance with Section 17.38.150 (Sign exceptions), is first obtained. Standards exceeding the minimum requirements may be required by the community development director in the conditions of approval in order to reduce the impact that the nonconforming sign may have on the surrounding properties.

2. Nonconforming signs shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and current standards for sign area, height, or setback.

3. The sign face of an existing wall-mounted cabinet/can sign shall be allowed to be changed if the new sign face will have an opaque background with illuminated letters, numbers, or symbols. No increase in sign area shall be allowed.

4. A sign included in the vintage sign inventory which has been destroyed by fire or other calamity, by act of God, or by public enemy to an extent greater than fifty percent may be reconstructed in a historically accurate manner. Reconstruction shall be authorized only upon determination by the planning commission that the sign is an accurate duplication of the vintage sign, based on review of photographic or other documentary evidence.

C. Restoration of Nonconforming Signs.

1. Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public enemy to the extent of fifty percent or less, the sign may be rebuilt and resumed, provided a building permit for the restoration is issued and diligently pursued. Whenever a nonconforming sign is involuntarily destroyed by fire or other calamity, by act of God, or by public 261 of 507
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enemy to an extent greater than fifty percent, or is voluntarily razed or is required by law to be razed, the sign shall not be resumed except in full conformity with the current regulations for the types of zoning district in which it is located.

2. The extent of damage or destruction shall be determined by comparing the estimated cost of restoring the sign to its condition before the damage or partial destruction and the estimated cost of duplicating the sign as it existed before the damage. Estimates for this purpose shall be reviewed and approved by the community development director.

17.38.140 Abandoned Signs

A. Abandoned Signs Not Including Pole or Pylon. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises and no new business is located on the site. The sign shall be removed within forty-five days of the close of business. Signs listed on the city’s vintage sign inventory shall be exempt from this requirement.

B. Abandoned Pole or Pylon Signs. A pole or pylon sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. The sign shall be removed within one year of the close of business. Signs listed on the city’s vintage sign inventory shall be exempt from this requirement.

17.38.150 Sign Exceptions

A. Purpose. Sign exceptions are a form of a variance from the sign regulations of this chapter.

B. Procedures.

1. The planning commission shall be the applicable review authority for sign exceptions.

2. The procedures for a sign exception shall be the same as for a variance (Section

17.52.090), including those for notice and hearing upon request.

C. Findings and Decision. The planning commission shall record the decision in writing with the findings on which the decision is based. Following a public hearing, the planning commission may approve a sign exception application, with or without conditions, only after first finding that:

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1. The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the established neighborhood and general environment;

2. Granting the application is in conformance with the goals, policies, and objectives of the general plan and the purposes of this zoning code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and

3. Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare.

D. Appeal to the City Council. Any decision of the planning commission pursuant to this section shall be subject to appeal to the Wasco city council. All appeals shall be made in the manner prescribed in Chapter 17.72 (Appeals).

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DIVISION 4
Standards for Specific Land Uses

Chapter 17.40 – Standards for Specific Uses and Activities

17.40.010 Accessory Dwelling Units

17.40.020 Accessory Uses & Structures

17.40.030 Adult Oriented Businesses

17.40.040 Alcohol Sales

17.40.050 Animal Keeping

17.40.060 Automobile & Auto Accessory Sales

17.40.070 Community Gardens

17.40.080 Convenience Stores

17.40.090 Day Care Home – Large

17.40.100 Drive-Thru Restaurants

17.40.110 Emergency Shelters

17.40.120 Guest Houses

17.40.130 Home Occupations

17.40.140 Mini-Storage Facilities

17.40.150 Mobile Home/Manufactured Housing

17.40.160 Mobile Home Parks

17.40.170 Multi-Family Development Standards

17.40.180 Planned Residential Development/Small Lot Subdivisions

17.40.190 Reasonable Accommodation

17.40.200 Recreational Vehicle Storage

17.40.210 Residence/Office Conversions

17.40.220 Residential Architectural Design Criteria

17.40.230 Right To Farm

17.40.240 Seniors Housing/Congregate Care

17.40.250 Service Stations & Service Station Conversions

17.40.260 Single Room Occupancy (SROs)

17.40.270 Storage Container & Outdoor Storage

17.40.280 Temporary Uses & Events

Chapter 17.42 – Antennas and Telecommunications Facilities

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.

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Chapter 17.43 – Cannabis Uses and Cultivation

17.43.010 Definitions.

17.43.020 Prohibited Uses.

17.43.030 Indoor Cannabis Cultivation.

17.43.040 Exemptions.

17.43.050 Violation, Penalty.

Chapter 17.44 – Mining & Quarrying

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.

Chapter 17.45 – Oil & Gas Production

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. 265 of 507
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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.

Chapter 17.46 – Recycling Facilities

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.

Chapter 17.47 – Traffic Impact Studies

17.47.010 Purpose and Application.

17.47.020 Definitions.

17.47.030 Thresholds.

17.47.040 Process.

17.47.050 General requirements.

Chapter 17.48 – Williamson Act Regulations

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.

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Chapter 17.40 – Standards for Specific Uses and Activities

Sections

17.40.010 Accessory Dwelling Units

17.40.020 Accessory Uses & Structures

17.40.030 Adult Oriented Businesses

17.40.040 Alcohol Sales

17.40.050 Animal Keeping

17.40.060 Automobile & Auto Accessory Sales

17.40.070 Community Gardens

17.40.080 Convenience Stores

17.40.090 Day Care Home – Large

17.40.100 Drive-Thru Restaurants

17.40.110 Emergency Shelters

17.40.120 Guest Houses

17.40.130 Home Occupations

17.40.140 Mini-Storage Facilities

17.40.150 Mobile Home/Manufactured Housing

17.40.160 Mobile Home Parks

17.40.170 Multi-Family Development Standards

17.40.180 Planned Residential Development/Small Lot Subdivisions

17.40.190 Reasonable Accommodation

17.40.200 Recreational Vehicle Storage

17.40.210 Residence/Office Conversions

17.40.220 Residential Architectural Design Criteria

17.40.230 Right To Farm

17.40.240 Seniors Housing/Congregate Care

17.40.250 Service Stations & Service Station Conversions

17.40.260 Single Room Occupancy (SROs)

17.40.270 Storage Container & Outdoor Storage

17.40.280 Temporary Uses & Events

17.40.010 Accessory Dwelling Units

A. Purpose

This chapter provides for accessory dwelling units on lots developed with single- family dwellings in any residential zone. Accessory dwelling units contribute needed housing to the community’s housing stock. An accessory dwelling unit (ADU) is deemed to be an accessory use and not considered to exceed the allowable density for the lot. Thus an ADU is consistent with general plan density and housing objectives and expands housing opportunities.

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B. Applicability

The provisions of this chapter apply to all lots that are occupied with a single-family dwelling and zoned residential. Provisions of this Section are intended to comply with State legislation regarding accessory dwelling units as such legislation may be amended over time. When provisions of this Section are determined to be in conflict with State law, State law shall supersede these regulations.

C. Definitions

1. "Living area" means the interior habitable area of a dwelling unit but does not include a garage or any accessory structure.

2. "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit may be established in any of the following methods:

a. Located within the living area of an existing single-family dwelling.

b. Attached as a separate unit to an existing single-family dwelling.

c. Constructed as a detached structure on a lot with an existing single-family dwelling.

d. Conversion of an uninhabited accessory structure such as a garage on a lot with an existing single-family dwelling.

3. "Passageway" means a pathway that is unobstructed and extends from a street to one entrance of the accessory dwelling unit.

4. "Existing structure" for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any existing primary residence or existing accessory structure such as a garage on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official.

D. Development Standards

1. General Development Standards.

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a. ADUs are not intended for sale separate from the primary residence and may be rented.

b. Prior to issuance of a building permit for an ADU a covenant of restriction to run with the land shall be recorded which specifies the ADU cannot be sold separately and either the primary dwelling unit or the ADU must be owner- occupied.

c. The lot where the ADU is proposed is zoned for single-family or multifamily use and contains an existing single-family dwelling.

d. Only one accessory dwelling unit may be created per legal lot.

e. A minimum lot size of six thousand square feet is required for lots upon which an accessory dwelling unit is to be established.

f. Except as provided for in subsection B of this section, ADUs shall comply with the development standards for the zoning district in which they are located, including setbacks, minimum distance between structures, and height limits, but excluding minimum lot area per dwelling unit standards. However, where a lot containing a new detached ADU abuts an alley, the rear setback for the ADU may be reduced to five feet.

g. No passageway shall be required in conjunction with the construction of an ADU.

h. The total floor area of a detached ADU shall not exceed one thousand two hundred square feet.

i. The increased floor area of an attached ADU shall not exceed fifty percent of the existing dwelling living area, with a maximum increase in floor area of one thousand two hundred square feet.

j. ADUs are subject to local building code requirements that apply to detached dwellings; however, an ADU is not required to have fire sprinklers if they are not required for the primary dwelling.

k. ADUs are not considered new residential uses for calculating connection fees or capacity charges for utilities, water or sewer service, except as described in subsection (C)(4) of this section.

2. ADUs within Existing Space in the Primary Dwelling, Attached or Detached Garage or Other Existing Accessory Structure.

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a. No setback shall be required for an existing garage that is converted to an ADU, and a setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

b. No off-street parking is required.

c. Any existing off-street parking spaces that are displaced due to conversion of a garage, carport or covered parking structure are not required to be replaced.

d. There shall be no requirement to install a new or separate utility connection between the ADU and the utility or to impose a related connection fee or capacity charge.

e. ADUs shall have independent exterior access from the existing residence.

3. Construction of New ADUs--Attached and/or Detached.

a. Parking requirements shall not exceed one parking space per unit or bedroom.

b. Parking shall not be required in the following instances:

i. The ADU is located within one-half mile of public transit.

ii. The ADU is located within an architecturally and historically significant district.

iii. The ADU is part of the existing primary residence or an existing accessory structure.

iv. When there is a car share vehicle located within one block of the ADU.

c. When a garage, carport or covered parking structure is demolished in conjunction with construction of an ADU, any existing off-street parking spaces that are displaced shall be replaced on the same lot. Replacement spaces may be located in any configuration except tandem parking and shall be covered spaces.

4. Permit Requirements

ADUs shall be permitted ministerally through the city’s site plan review process within one hundred twenty days of application. The planning director shall issue the 270 of 507
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site plan review approval if all applicable requirements are met in Section 17.40.010 (D), Development standards.

5. Findings

a. In order to deny an application for an accessory dwelling unit the planning director shall find that the proposed ADU would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

b. The planning director finds that tandem parking is not permitted anywhere in the jurisdiction and as such is not allowed in conjunction with the establishment of an ADU.

6. Appeal

The decision of the planning director shall be final unless appealed pursuant to Chapter 17.72.

17.40 020 Accessory Uses and Structures

1. General Development Standards

a. An accessory use shall be secondary to a primary use or building to which it relates under the same regulations as the main use in any zoning district.

b. Accessory structures shall be designed to be of similar and compatible architecture and materials as the principal structure(s) on the property.

c. Accessory buildings and structures shall be detached from a principal structure on the same lot, and shall not be designed for human habitation (no cooking or kitchen facilities).

d. Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than twenty feet from the main building and connected thereto by a roof of not less than five feet in width.

e. See Section 17.40.070 for community garden accessory structure regulations.

2. Agricultural Accessory Structures

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a. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural operation within the A-E, Exclusive Agriculture zone, A-L, Limited Agriculture and/or R-R, Rural Residential zone.

b. Agricultural accessory structures may be built prior to the primary or principal use structure on the same site.

c. Agricultural accessory structures shall not exceed 28 feet in height, and shall meet all setback requirements of the zoning district except where Section 17.40.050, Animal Keeping establishes a greater setback requirement for a large animal keeping structure.

3. Residential Accessory Structures and Uses

a. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, swimming pools, workshops, detached covered patios and decks, other similar structures and ground mounted photovoltaic panels. Freestanding bathrooms shall not be permitted as a residential accessory structure.

b. Residential accessory structures shall not be designed for nor used for human habitation.

c. Residential accessory structures with individual floor areas greater than 120 square feet shall be limited to two (2) per residential lot.

d. The floor area of residential accessory structures shall not exceed a cumulative floor area of 1,000 square feet, and individual accessory structure floor area shall not exceed 25 percent of the principal structure floor area.

e. R esidential accessory structure setbacks are as follows:

i. Interior side setback = 3 feet
ii. Front setback, same as principal structure on same lot. iii. Corner lot street-side setback = 6 feet
iv. Rear setback = 3 feet, except that a detached garage accessory structure with alley access shall require a 5 foot rear setback.

f. Residential accessory structures shall not exceed 12 feet in height and shall be limited to one (1) story, except in the R-R and R-E zones which allow 2 stories and 24 feet in height (See Table 2-4).

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g. A residential accessory structure shall only be constructed or an accessory use initiated concurrent with or after the construction of the principal structure or initiation of the principal use on the same site.

17.40 030 Adult Oriented Businesses

A. Purpose

The purpose of this Subsection is to regulate adult businesses by establishing reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

B. Applicability

1. Adult businesses are permitted, subject to a conditional use permit, only in the heavy industrial land use zone district.

C. Definitions

1. “ Adult-Oriented Business” means any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. "Adult- oriented business" does not include those uses or activities, the regulation of which is preempted by State law.

D. Development Standards

1. Location Requirements.

a. No adult oriented business shall be established or located in any area in the City other than the H-I Heavy Industrial zone, subject to a Conditional Use Permit approval. In those locations where the adult oriented businesses regulated by this Subsection would otherwise be permitted uses, it shall be unlawful to establish any adult oriented business or substantially enlarge an existing adult oriented business if the location is:

1) Within 2,000 feet of another such business.
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2) Within 1,000 feet of any religious institution, school, or public park. 3) Within 1,000 feet of any property designated for residential use or used for residential purposes.

b. Measurement of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the religious institution, school or public park or any property designated for residential use or used for residential purposes.

17.40 040 Alcohol Sales

A. Purpose

This Subsection establishes standards regarding the permitting requirements for businesses involved in the sale of alcoholic beverages.

B. Applicability

The regulations of this Subsection apply to any use which is subject to a State issued Alcoholic Beverage Control (ABC) license, either on-sale or off-sale.

C. Development Standards

1. Permit Requirements – Uses with Off-Sale ABC Licenses.

a. Convenience stores, food stores and other similar stores with ABC licenses and with less than 15,000 square feet of floor area shall require a Conditional Use Permit.

b. S uper markets and retail stores with ABC licenses and with 15,000 square feet or more of floor area will require a Conditional Use Permit if located within an over-saturated census tract as defined by the State Department of Alcoholic Beverage Control.

c. Liquor stores with ABC licenses shall require a Conditional Use Permit.

2. Permit Requirements – Uses with On-Sale ABC Licenses.

a. Bars, taverns, cocktail lounges and night clubs with ABC licenses shall require a Conditional Use Permit.
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b. Sit-down restaurants with an ABC license whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food, are exempt from the requirement of a Conditional Use Permit. An incidental bar or lounge may be allowed for the convenience of dining patrons, however, if the bar area exceeds 25 percent of the floor area a Conditional Use Permit shall be required.

17.40 050 Animal Keeping

A. Purpose

This Subsection establishes standards for the location and keeping of large animals, which are animals typically associated with farms or agricultural land uses such as cattle, sheep, goats, or horses.

B. Applicability

The regulations of this Subsection apply in the Rural Residential (R-R), Exclusive Agriculture (A-E) and Limited Agriculture (A-L) zones in which large animal keeping is allowed, subject to the regulations of this subsection.

D. Development Standards

In the zones where large animals are permitted, all of the following standards and conditions apply:

1. Breeding, raising and keeping of poultry, birds, rabbits, chinchillas, or fish for domestic use of the resident on the lot is permitted, however, there shall be no killing of animals or dressing of such animals for any purpose.

2. Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted provided that any combination of such animals is limited to one animal per one-half acre. No killing or dressing of such animals shall be conducted on the lot.

3. Pens, coops, stables and other structures housing livestock or poultry shall be at least:
a. One hundred feet from the front property line and twenty-five feet from side and rear property lines.

b. Corrals and other enclosures shall be no less than thirty feet from dwelling units within the same zoning district or less restrictive agricultural districts, but no less than one hundred feet from division lines separating the R-R 275 of 507
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district from more restrictive zoning districts. Pastures may be located within the front yard setback for those lots with substantial front yard setbacks.

4. All fencing shall comply with the applicable standards in Section 17.30.030, Fences & Walls. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the planning director. Chain link fencing shall not be permitted in a front yard.

5. All development which involves housing or enclosing large animals shall be reviewed by the planning director for compliance with this section and any other applicable statutes, laws and ordinances.

6. Applicant shall allow inspection of animal maintenance facilities by the City of Wasco building inspector, animal control, and by the Kern County Health Department.

7. Any permit issued pursuant to this section may be revoked or modified pursuant to Section 17.52.100 (Permit Procedures) of this title upon receipt of a recommendation for revocation or modification from the Kern County Health Department, Wasco animal control officer or from the City of Wasco building inspector.

17.40 060 Automobile and Vehicle Accessory Sales/Service

A. Purpose

This Subsection establishes standards for new and used automobile and vehicle sales and service facilities and auto service businesses.

B. Development Standards

All auto related uses shall be developed in the following manner:

1. All parts, accessories, etc., shall be stored within a fully enclosed structure.

2. Service and associated car storage areas, except for vehicle display areas, shall be completely screened from public view.

3. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

4. All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.

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5. All vehicles associated with the business shall be parked or stored on site and not in adjoining streets, alleys or on landscaped areas (in contrast to planned, hardscape areas for display of vehicles).

8. An adequate on-site queuing area for service customers shall be provided.

Required parking spaces may not be counted as queuing spaces.

9. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

10. 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.

17.40 070 Community Gardens

A. Purpose

This Subsection establishes standards for community gardens on private and public property within the community.

B. Definitions

1. “Community Gardens” are defined as an area of land used to grow and harvest fruits, vegetables, flowers, herbs and ornamental plants by individuals or collectively by members of a group, and may be arranged into multiple plots.

This classification does not allow harvesting for commercial sales on or off the premises.

C. Development Standards

1. Hours of operation shall be limited to the hours between sunrise and sunset.

2. Accessory structures such as storage sheds for tools and other supplies are allowed with a maximum floor area of 120 sq. ft. and a maximum height of 12 feet.

3. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are required. All hoses shall be equipped with a positive shut-off or trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.
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4. Composting may be performed on-site within a composting container, in compliance with the following:

a. Composted materials shall be only those materials generated on-site. b. Composting containers shall be located a minimum of 20 feet from adjacent residential buildings.

5. Trash and composting receptacles shall be screened from adjacent residential properties by utilizing landscaping, fencing or placed within storage structures.

6. The property shall have an active utility account for water, trash and green waste removal.

7. Planting illegal or invasive plants shall be prohibited.

17.40 080 Convenience Stores

A. Purpose

This Subsection establishes standards for convenience stores within the community.

B. Definitions

“Convenience store” is defined as a retail store generally containing less than 5,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic.

C. Development Standards

1. Minimum site area shall be 10,000 square feet.

2. One access drive may be permitted for each street frontage, subject to City Engineer approval. Access to state highways is subject to Caltrans approval.

3. No convenience store shall have a point of entrance that is less than one thousand feet from a previously approved convenience store, except in such cases when a physical feature such as State Highway 46, serves as a pedestrian barrier that could potentially expose persons to dangerous situations.

4. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

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6. Each convenience store shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted subdivision ordinance 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;

7. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of subsection

17.40.230. Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands and propane storage area if applicable.

8. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

9. Each convenience store shall provide a public restroom located within the store.

10. On-site video games may not be installed or operated on the premises.

11. A convenience store adjacent to any residentially designated district shall have a six-foot high decorative masonry wall and landscaping along the property lines adjacent to such districts.

12. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete;

17.40 090 Day Care Home - Large

A. Purpose and Applicability

The provisions of this Subsection apply to large family day care homes (9-14 children), as defined by current State law. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies.

B. Development Standards

1. The operator of a large family day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

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2. A large family day care home shall be the primary residence of the care provider, and the day care use shall be incidental and accessory to the use of the property as a residence.

3. Day care facilities shall be located no closer than five hundred feet, in any direction, from an existing day care facility, measured from property line to property line except that they may be located no closer than two hundred fifty feet measured from property line to property line from any existing day care facility not fronting on the same street.

4. The capacity specified on the license shall be the maximum number of children for whom care can be provided.

5. An outdoor play area of no less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

6. All fences or walls shall provide for safety with controlled points of entry.

7. All on-site parking shall be provided pursuant to Chapter 17.36 (Off-Street Parking). Sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard setback; however, it cannot impede access to the off-street parking required to serve the dwelling.

8. The day care facility shall contain a fire extinguisher and smoke detector devices and meet all standards established by the Kern County Fire Marshall.

9. No day care facility shall be established until an application for a Conditional Use Permit has been submitted to and approved by the Planning Commission in accordance with the procedure set out in Chapter 17.52 of this title

17.40 100 Drive-Thru Restaurants

A. Purpose and Applicability

This Subsection provides standards for drive-thru facilities. Each such drive-thru business shall be subject to all of the regulations applicable to the permitted use in the zone in which the drive-thru is located and the regulations of this subsection.

B. Development Standards

Drive-thru facilities shall comply with all of the following:

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1. Pedestrian walkways should not enter through drive aisles, but where they do, they shall have clear visibility, and they must be identified by special paving or striping.

2. Drive-through aisles shall be a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.

3. Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum queue of six cars.

4. Landscaping shall be used to screen drive-through aisles from the public right- of-way and shall be used to minimize visual impact of readerboard signs and directional signs.

5. Drive-through aisles shall be constructed with Portland cement or other material approved by the city engineer.

6. Parking areas and the drive-through aisle and structure shall be set back from the ultimate frontage curb face a minimum of twenty feet.

7. Menu boards shall be a maximum of thirty-two square feet, with a maximum height of eight feet and shall face away from the street or be screened from street view.

8. No drive-through aisles shall exit directly onto a public right-of-way.

9. Drive-through restaurant loudspeakers shall not be audible above sixty-five db at the edge of any adjacent property.

10. Credit for off-street parking: Vehicle stacking spaces within the drive-thru lane(s) may be granted credit toward required off-street parking at a maximum rate of fifty percent (50%), at the discretion of the approving entity (Planning Director or Planning Commission).

11. Drive-thru lanes shall be designed to avoid the blocking of parking stalls and pedestrian access.

12. All exterior lighting shall be arranged and shielded to prevent any glare, reflection, and any hazardous interference of any kind on adjoining streets or property.

17.40 110 Emergency Shelters

A. Purpose and Applicability
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This subsection establishes use and development regulations for emergency shelter facilities in accordance with state law and the city’s adopted housing element. In accordance with state law, local communities have a responsibility to provide adequate sites for emergency shelters that serve homeless individuals and families.

The goal of emergency shelters is to address acute needs of individuals and families by providing basic residential facilities and may include programs, which help residents find available social services. Consistent with the findings of the state legislature, the city recognizes the need for and the benefit of temporary housing and services for homeless persons and families. This chapter is intended to allow for the development of emergency shelter facilities subject to location, development and operational standards that minimize potential adverse impacts on nearby properties and the community as a whole

B. Location of Emergency Shelters

Emergency shelters are permitted in conjunction with religious facilities (churches), subject to the location and permitting restrictions identified in this Code. Emergency shelters are further permitted by right in the High Density Residential (R-3), Commercial Retail (C-R) and Service Commercial (C-S) zones. Emergency shelters shall not be located within three hundred feet of any other existing emergency shelter facility.

C. Development Standards

In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters and each emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of a church facility as otherwise provided in this code.

1. State and local standards compliance.
a. Facility compliance with applicable state and local standards and licensing requirements if required for any program provided in the shelter.

b. Compliance with applicable state and local housing, building, and fire code requirements.

2. Operational characteristics
a. The facility shall have on-site supervision during all hours when the shelter is open.

b. Facilities shall provide secure areas for personal property.

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c. If the emergency shelter is proposed in conjunction with a church facility, the area utilized for emergency shelter facilities may not exceed twenty- five percent of the total floor area used for the religious facility.

d. Where a day care facility or elementary or middle school is operated on the same site as an emergency shelter, the day care and school facilities must be separated from the emergency shelter facilities by means to prevent access from one facility to the other.

3. Citywide Number of Beds Limited:

At no time shall the number of emergency shelter beds permitted within the city limits be greater than the total number of homeless individuals counted in the most recent point in time homeless count for the Wasco area. If at any point the number of existing permitted beds exceeds the most recent point in time homeless count, no new beds will be permitted.

4. Limited Terms of Stay.

The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

5. Parking.

The emergency shelter shall provide on-site parking at a rate of two spaces per facility for staff plus one space per six occupants allowed at the maximum capacity.

6. Emergency Shelter Management.

A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the Community Development department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical and operational standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the Planning and Community Development Department with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

17.40 120 Guest Houses

A. Purpose and Applicability

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facilities, located on the same premises with a main building and occupied for the sole use of members of the family, a temporary family guest, or persons permanently employed on the premises.

B. Development Standards

1. A guest house shall have no kitchen facilities.

2. The guest house may be a maximum of twenty percent of the main structure footprint and must comply with the requirements set forth in Table 2.4 for residential development standards.

3. Guest house buildings or structures shall be detached from the principal residential structure on the same lot and incidental to the principal building.

4. Guest house buildings or structures shall be limited to one story except where developed as a second story over a freestanding garage, subject to Conditional Use Permit approval.

5. Prior to issuance of a building permit for a Guest House a covenant of restriction to run with the land shall be recorded which specifies the Guest House cannot be sold separately or rented and the primary dwelling unit must be owner- occupied.

6. Separate utility connections for Guest Houses will not be permitted.

17.40 130 Home Occupations

A. Purpose and Applicability

This Subsection provides standards for the conduct of home occupations. In general, a home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would be unaware of its existence. The standards and provisions for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood

B. Development Standards

All home occupations shall comply with all applicable requirements and standards identified in this subsection.

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1. Permitted Home Occupations. Home occupations may include, but are not limited to the following:

Activity Includes
a. On-site professional service and consultation - by
appointment only
Architect, broker, consultant, engineer, insurance agent, land surveyor, bookkeeper, accountant, typist, or similar use as determined by the planning director.
b. Off-site personal services requiring home office Gardening and landscaping service, locksmith, and other uses where storage in vehicle is required, or similar use as determined by the planning director.
c. Sales - no door-to-door sales, delivery to customers only
Sales representative (including jewelry, cosmetics, products of domestic consumption), catalog and telephone sales only or similar use as determined by the planning director.
d. Artisan studio Artist, sculptor, photography studio, author, composer, weaver, crafts, rug and blanket weaving, lapidary or similar use as determined by the planning director.
e. Group instructional (income producing activities) Small day care or similar use as determined by the planning director.

No home occupation permit shall be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, or religious instruction, provided that no more than six students are present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit shall be required for a business using the owners or any partners home solely as its business address provided: (a) that there is no signage at the home address; (b) there are no building materials stored at the home address; (c) that no manufacturing takes place at the home address; (d) that in the course of doing business, no employees or customers appear at the home address to transact business.

2. Operating Standards. Home occupations shall comply with all of the following operating standards:

a. The home occupation shall not alter the appearance of the dwelling unit. b. There shall be no displays, sale or delivery of merchandise or advertising signs on the premises.
c. There shall be no signs other than the address and name of the resident. d. There shall be no advertising which identifies the home occupation by street name.
e. The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport 285 of 507
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or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage. f. Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation. g. No external alterations or construction features can be made to accommodate a home occupation nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.
h. There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.
i. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.
j. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.
k. Only the occupants of the dwelling may be engaged in the home occupation.
l. The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.
m. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.
n. No business license shall be issued until a home occupation permit is obtained, pursuant to the municipal code.
o. A home occupation permit shall not be transferable.
p. There shall be no more than one home occupation in any dwelling unit; q. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

3. Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

a. Antique shop;
b. Auto repair;
c. Barber and beauty shop;
d. Businesses which engage in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises; e. Cabinet making;
f. Carpentry and cabinet making;
g. Funeral chapel or funeral home;
h. Kennel;
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i. Medical and dental offices, clinics, and laboratories; j. Mini storage;
k. Repair, fix-it or plumbing shops;
l. Storage of equipment, materials, and other accessories to the construction and service trades;
m. Vehicle repair (body or mechanical), upholstery and painting; n. Welding and machining;
o. Any other use determined by the planning director to not be incidental nor compatible with residential activities.

4. Application. The conduct of a home occupation requires the approval of the planning director who may establish conditions to further the intent of this section. An application for a home occupation permit shall be in a form prescribed by the planning director, shall be filed with the department, and shall follow the Site Plan and Design Review process pursuant to Chapter 17.52. All permitted home occupations shall fall under one of the five listed categories in subsection (B)(1) of this section, or be a prohibited use pursuant to subsection (B)(3) of this section. No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning director as being consistent with the requirements of this chapter in accordance with the procedures set out in Section 17.52.060 of this title.

5. Revocation. A home occupation permit (permit) may be revoked or modified by the planning director if any one of the following findings can be made:

a. That the use has become detrimental to the public health, safety or traffic or constitutes a nuisance.
b. That the permit was obtained by misrepresentation or fraud. c. That the use for which the permit was granted has ceased or was suspended for six or more consecutive calendar months.
d. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.
e. That one or more of the conditions of the home occupation permit have not been met.
f. That the use is in violation of any statute, ordinance, law or regulation.

17.40 140 Mini-Storage Facilities

A. Purpose and Applicability

This Subsection provides standards for mini-storage facilities. (“Mini-storage" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.)
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B. Development Standards

Mini-storage facilities shall comply with all of the following:

1. The minimum site area shall be twenty thousand square feet.

2. The site shall be entirely paved, except for structures and landscaping (vehicular storage areas may have alternative paving subject to city approval in industrial zones only).

3. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

4 The site shall be completely enclosed within a six-foot high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access) which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.

5. No business activity shall be conducted other than the rental of the storage spaces for inactive storage use.

6. All storage shall be located within a fully enclosed structure(s).

7. No flammable or otherwise hazardous materials shall be stored on-site.

8. Residential quarters for a manager or caretaker may be provided in the development.

9. The development shall provide for two parking spaces for the manager/caretaker, and a minimum of two spaces located adjacent to or in a close proximity to the manager’s quarters for customer parking.

10. Aisle width shall be a minimum of twenty feet between buildings to provide unobstructed and safe circulation.

11. Trash receptacles shall be located on the premises in a quantity and manner approved by the city. 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.

12. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to seven a.m. to nine p.m., Monday through Saturday and nine a.m. to nine p.m. on Sundays.
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13. The storage of vehicles including autos, boats and RVs may be permitted subject to approval of a conditional use permit pursuant to Chapter 17.52.

17.40 150 Mobile Home/Manufactured Housing

A. Purpose and Applicability

This Subsection provides standards for mobilehomes and manufactured housing when used as a single-family dwelling.

B. Development Standards

Mobilehomes and manufactured housing are permitted on individual residentially zoned lots, subject to Site Plan Review approval, and shall comply with all of the following:

1. Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobilehome Construction and Safety Standards Act of 1974.

2. Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with applicable codes in all residential zones.

3. The planning director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking, and any other criteria determined appropriate by the planning director. If individual codes, covenants and restrictions governing development within a subdivision are applicable, and more restrictive than those imposed by this chapter, the codes, covenants and restrictions shall prevail.

4. The following design standards shall govern the installation and construction of manufactured and mobilehomes:

a. All homes shall have a minimum eave dimension of eighteen inches.

b. All roofing and siding shall be of similar materials to dwelling structures on adjacent properties excepting that siding and roofing shall be non-reflective and shall be installed from the ground up to the roof.
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c. All roofs shall have a minimum pitch of 1:4.

d. All homes shall have a minimum width (across the narrowest portion) of twenty feet.

e. Not more than ten years shall have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install said manufactured home.

f. The main floor of any proposed mobile and/or manufactured home shall be a maximum of eighteen inches above grade.

g. All new mobile and/or manufactured homes shall be required to have skirting of either concrete cinder blocks or similar material. No prefabricated metal, vinyl, wood etc., skirting shall be permitted.

17.40 160 Mobile Home Parks

A. Purpose and Applicability

This Subsection provides standards for mobile home park development. Mobile home parks are defined as an area or tract of land where two or more lots are rented or leased or held out for rent or lease, but not divided as owner occupied lots, to accommodate mobilehomes.

B. Development Standards

Mobile home parks are subject to Conditional Use Permit approval and shall comply with all of the following:

1. Individual mobilehome space minimum setbacks shall be measured from the edge of internal private streets and space lines.

2. Maximum mobilehome space coverage (mobilehome and its accessory structure) shall be seventy-five percent.

3. Each mobilehome shall be equipped with skirting or provided with a support pad which is recessed to give the appearance of the mobilehome being located on grade.

4. All on-site utilities shall be installed underground in accordance with the city of Wasco improvement standards.

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5. The mobilehome park shall be provided with parking as required by Chapter

17.36 (Off-Street Parking Standards).

6. A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants, owners and their invited guests. The area shall be provided in one common location with a minimum aggregate area of four hundred square feet of recreational space per mobilehome space or lot.

7. All exterior boundaries of the mobilehome park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height and include landscaping pursuant to this chapter.

8. Common open space shall be landscaped in accordance with a landscape plan approved by the planning director consistent with Chapter 17.34.

9. All mobilehome park or subdivision developments shall provide open space 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 types of amenities shall be approved by the planning director and provided according to the following schedule:

Dwelling Units Amenities
0--9 0
10--50 1
51--100 2
101--200 3
201--300 4

Add one amenity for each one hundred additional units or fraction thereof.

10. Landscaped setback easements shall be provided along the periphery of the mobilehome development and shall be fifteen feet in width for all sides adjacent to public right-of-way. The interior edge of this landscape easement (and not the edge adjacent to the public right-of-way) shall be used for setback purposes.

11. Mobilehomes shall have individual space setbacks as follows:

Front: 15'
Side: 5'
Street Side: 10'
Rear: 5'
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Rear Yard Through Lot: 15'

12. Mobilehomes shall be limited in height to one story or fifteen feet, whichever is less.

13. Minimum distance between mobilehomes and mobilehome accessory structures shall be ten feet.

14. All fences and walls shall be no taller than four feet within the required front yard space setback and no taller than seven feet within the required side and rear yard space setbacks.

17.40 170 Multi-Family Development Standards

A. Purpose and Applicability

This Subsection provides standards for multi-family residential development. Multi- family development is defined as three or more dwelling units on a single parcel including triplex, fourplex, or other multifamily configurations. Units may be attached or detached and may include condominiums.

B. Development Standards

Multi-family development shall comply with the following requirements:

1. Multifamily developments shall provide fifteen percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way, vehicle parking or maneuvering areas, areas adjacent to or between any structures less than fifteen feet apart, setbacks, patio or private yards.

2. Each dwelling shall have a private (walled) patio or balcony not less than fifty square feet in area or ten percent of the dwelling unit (whichever is less), and the patio or balcony shall not be used for storage.

3. All multifamily 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 softball or baseball fields; or day care facilities. The type and number of amenities shall be approved by the planning director and provided in accordance with the following schedule:

Dwelling Units Amenities
0--4 0
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5--11 1
12--50 2
51--100 3
>100 3 plus 1 additional amenity required for every 50
additional units above 100

4. If laundry hookups are not provided in each dwelling unit, common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided at a rate of at least one washer and one dryer for each five dwelling units.

5. Multifamily Site Planning.

a. Building Articulation. Long, unbroken facades and box like forms shall be avoided. Building facades shall be broken up to give the appearance of a collection of smaller structures. To the extent possible, each of the units shall be individually recognizable. This can be accomplished with use of balconies, setbacks and projections which help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors. Wall planes shall be offset no less frequently than every thirty-two feet and rooflines shall be articulated with varying heights. b. Clustering of Units. The following design techniques shall be considered and implemented whenever possible:
i. Varying front setbacks within same structure;
ii. Staggered and jogged unit planes;
iii. Use of reverse building plans to add variety;
iv. Maximum of two adjacent units with identical wall and rooflines.

c. Project Entries. Project entries shall provide direct visibility to the project with landscaping, recreational facilities and project directories. Special attention is to be given to the hardscape and landscape treatments to enhance the overall project image at project entries.

d. Entry Drives. The principal vehicular access into a multifamily housing project shall be through an entry drive rather than a parking drive.

e. Garages.
i. Individual parking garages within residential structures shall be enclosed behind garage doors;
ii. Garages with parking aprons less than twenty feet in length or width shall have automatic garage door openers and/or sectional roll-up doors.

f. Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts. Carports may be incorporated with patio walls or used to define public and private open space, but 293 of 507
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incorporating carports into exterior project walls adjacent to streets shall be prohibited. The ends of each cluster of carports shall be landscaped.

g. Pedestrian Access from Parking. Landscape bulbs shall align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. Bulbs that align with entrances shall include a pathway as well as a vertical landscape or architectural element, for example, a trellis or a tree.

h. Open Space. Residents of housing projects shall have safe and efficient access to usable open space, whether public or private, for recreation and social activities. The design and orientation of these areas shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.

Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Projects shall have secure open spaces and children’s play areas that are visible from the units.

i. Planted Areas. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Such planted area shall include trees at a rate of one tree, with a minimum trunk diameter of two inches at four feet above finished grade at time of planting per five hundred square feet of planted area, or such greater amount in order to achieve fifty percent shading in ten years.

j. Refuse Storage/Disposal. Trash bins shall be fully enclosed in accordance with the city of Wasco improvement standards. Said enclosures shall be landscaped on their most visible sides. Locations shall be conveniently accessible for right-hand-side trash collection and maintenance and shall not block access drives during loading operations.

k. Support Facilities. Any support structures within multifamily residential projects such as laundry facilities, recreation buildings and sales/lease offices shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also be compatible with these guidelines.

l. Mailboxes. Where common mailbox services are provided, they shall be located close to the project entry, or near recreational facilities. The architectural character shall be in similar form, materials and colors to the surrounding buildings. Mailbox locations must be approved by the U.S.

Postal Service.

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m. Security. Multifamily projects shall be designed to provide a maximum amount of security for residents and visitors. Parking areas shall be well lit and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas.

Wasco City CouncilFebruary 21, 2023

Wasco City Council
February 21, 2023