Title 17 — ZONING [1]

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Title 17 - ZONING*[[1]]

Chapters:

Footnotes:

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• For statutory provisions pertaining to planning in general, see Gov. Code §65000 et seq.; for provisions authorizing cities to regulate the use of land and buildings, see Gov. Code § 65850 et seq.; for provisions requiring a city to adopt a general plan, see Gov. Code §65300.

Chapter 17.02 - TITLE AND DEFINITIONS

Sections:

17.02.010 - Title.

The ordinance codified in this title shall be known as the "land-use zoning ordinance."

(Ord. 51 §101 (part), 1965).

When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the number and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

(Ord. 51 §101(part), 1965).

17.02.030 - Definitions—Applicability.

For the purpose of this title, certain terms and words are defined as provided in this chapter.

(Ord. 51 §101 (part), 1965).

"Accessory building" means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

(Ord. 51 §103, 1965).

"Accessory use" means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

(Ord. 51 §102, 1965).

A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Refer to Chapter 17.51 Accessory Dwelling Units.

Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code § 18007. This use classification is intended to be consistent with Government Code § 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

1.

Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached.

2.

Junior ADU. A dwelling unit that is no more than five hundred (500) square feet in size, and is contained entirely within a primary single-family residence or a detached accessory dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code §§ 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

(Ord. No. 492, § 3, 4-23-2024)

Housing occupied by individuals who are primarily engaged in an agricultural operation. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation.

All uses within this classification shall fit within one (1) of the following subcategories:

1.

Small-scale permanent. Permanent housing facilities that include no more than six (6) dwelling units or eighteen (18) beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three (3) beds toward the maximum of eighteen (18) beds in group living quarters.

2.

Large-scale permanent. Permanent housing facilities that include more than six (6) dwelling units or eighteen (18) beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot.

3.

Seasonal. Temporary housing that is present on site for no more than one hundred eighty (180) days per year and is not subject to the Special Occupancy Parks Act, Health & Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the city planner by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates.

(Ord. No. 492, § 3, 4-23-2024)

17.02.060 - Alley.

"Alley" means a public way permanently reserved as a secondary means of access to abutting property.

(Ord. 51 §104, 1965).

17.02.070 - Apartment hotel.

"Apartment hotel" means a building or portion thereof designed for or containing both individual guestrooms or suites of rooms and dwelling units.

(Ord. 51 §105, 1965).

17.02.080 - Apartment house.

"Apartment house" means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Ord. 51 §106, 1965).

"Automobile service station" means a service station which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.

(Ord. 51 §107, 1965).

17.02.100 - Boardinghouse and roominghouse.

"Boardinghouse" and "roominghouse" each mean a building or portion thereof which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. "Compensation" includes compensation in money, services or other things of value.

(Ord. 51 §108, 1965).

17.02.110 - Building.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

(Ord. 51 §109 1965).

17.02.120 - Building height.

"Building height" means the vertical distance from the "grade" to the highest point of the structure.

(Ord. 51 §110, 1965).

17.02.130 - Building site.

"Building site" means the ground area of a building or group of buildings together with all open spaces as required by this title.

(Ord. 51 §111, 1965).

17.02.140 - Bungalow court.

"Bungalow court", means a group of three (3) or more detached one-story, one-family dwellings or twofamily dwellings located upon a single lot, together with all open spaces as required by this title, but not including motels.

(Ord. 51 §112, 1965).

17.02.150 - Carport.

"Carport", means a permanent, roofed structure with not more than two (2) enclosed sides and which is used or intended to be used for automobile shelters and storage.

(Ord. 51 §1l3(part), 1965).

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Ord. 51 §1l3(part). 1965).

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

(Ord. 51 §114, 1965).

17.02.180 - Communications equipment building.

"Communications equipment building" means a building housing operating electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel and not including public utility service yards.

(Ord. 51 §115, 1965).

17.02.182 - Cottage food operations.

An enterprise with gross annual sales limits set forth in subdivision (a) of § 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to § 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A "cottage food operation" includes both of the following:

1.

Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the County of Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business, unless it is registered with the County of Kern County.

2.

Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the County of Kern County.

(Ord. No. 492, § 3, 4-23-2024)

"Density bonuses and other incentives" shall have the same meaning as it is defined in Government Code title 7, planning and land use (§§ 65000 - 66499.58), division 1, planning and zoning [§§ 65000 - 66103], chapter 4.3. density bonuses and other incentives [§§ 65915 - 65918], as may be amended.

(Ord. No. 421, § 1, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 2), 2-26-2019)

17.02.187 - Developer incentives.

"Developer incentives" shall have the same meaning as "concessions or incentives" defined in Government Code § 65915(k), as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.189 - Disabled person.

"Disabled person" means a person who has a medical, physical, or mental, as those terms are defined in California Government Code § 12926, as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.190 - Dwelling.

"Dwelling" means a building, or portion thereof, designed exclusively for residential purposes, including

one-family, two-family, three-family, multiple dwelling, and mobile homes, but not including hotels, motels, boardinghouses and lodginghouses or trailers, even though permanently immobilized.

(Ord. 182 Exhibit A (1), 1982: Ord. 51 §116, 1965).

17.02.200 - Dwelling, group.

"Group dwelling" means a combination or arrangement of dwellings on one (1) building site.

(Ord. 51 §119, 1965).

"Mobile home dwelling" means a structure, transportable in one or more sections, which, when erected on site measures eight (8) body feet or more in width and forty (40) body feet or more in length, and designed to be used as a one-family dwelling, with or without a permanent foundation, when connected to the required utilities.

(Ord. 182 Exhibit A(2), 1982).

17.02.210 - Dwelling, multiple family.

"Multiple family dwelling" means a building or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

(Ord. 51 §120, 1965).

One-family dwelling-lot, subject to the provisions of Section 17.50.130. One dwelling lot unit classification permits one (1) primary unit and one (1) urban primary unit on a single lot, that is zoned as a single-family residential zone. Units may be completely detached from any other dwelling unit. This classification includes a manufactured home. housing types (e.g., ADUs, JADUs), a parcel not zoned for multi-family development shall under no circumstances have more than four (4) units - a primary dwelling unit, an urban primary unit, an accessory dwelling unit, and a junior accessory dwelling unit, unless the parcel qualifies for an urban primary unit thru an urban lot split.

Urban primary lot/unit. A second residential dwelling unit, created thru a urban lot split may have a maximum of two (2) dwelling units on an urban lot consisting of a urban primary unit and a detached or attached ADU OR a urban primary unit and a JADU. An urban primary unit is not an accessory dwelling unit or junior accessory dwelling unit, refer to Chapter 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code §§ 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.

(Ord. 51 §117, 1965).

(Ord. No. 492, § 3, 4-23-2024)

17.02.230 - Dwelling, two-family.

"Two family dwelling" means a detached building designed for or occupied exclusively by two (2) families living independently of each other.

(Ord. 51 §118, 1965).

17.02.240 - Dwelling unit.

"Dwelling unit" means one (1) or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one (1) family for living or sleeping purposes and having not more than one (1) kitchen.

(Ord. 51 §121, 1965).

17.02.250 - Educational institution.

"Educational institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 51 §122, 1965).

17.02.255 - Emergency shelter.

"Emergency shelter" shall have the same meaning as defined in the Health and Safety Code, section 50801(e), as may be amended.

(Ord. No. 421, § 1, 7-7-2015)

17.02.257 - Employee housing.

"Employee housing" means residential housing whose occupancy is restricted to persons who may be employed in raising or harvesting any agricultural commodities. All occupants of the housing unit(s) must be "agricultural employees", as defined in Section 1140.4 of the Labor Code. The housing shall be provided by someone other than an "agricultural employer", as defined in Section 1140.4 of the Labor Code.

(Ord. No. 421, § 1, 7-7-2015)

17.02.258 - Extremely low income household.

"Extremely low income household" shall have the meaning set forth in Health and Safety Code, section 50106, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)

17.02.259 - Fair housing laws.

"Fair housing laws" means (1) the federal Fair Housing Act (42 U.S.C. section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code section 12955 and following), including amendments to them.

(Ord. No. 421, § 1, 7-7-2015)

17.02.260 - Family.

"Family" shall be defined by the maximum number of individuals permitted in a given residential space per the standards of the Uniform Housing Code and/or the California Building Code as applicable; generally defined as an individual or a group of individuals, related or unrelated, living together as a single housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.

(Ord. 51 §123, 1965).

(Ord. No. 397, 8-2-2011; Ord. No. 407, § 1, 7-16-2013; Ord. No. 456, § 4(Exh. A, § 3), 2-26-2019)

17.02.270 - Garage, private.

"Private garage" means a building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings of the premises are stored or kept.

(Ord. 51 §124, 1965).

"Public garage" means a building other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 51 §125, 1965).

17.02.290 - Grade.

"Grade" (ground level) means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, such ground level shall be measured at the sidewalk.

(Ord. 51 §126, 1965).

"Hazardous waste" means a waste, or combination of wastes which because of its quantity, concentration or physical, chemical or infectious characteristics may either:

A.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness;

B.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

The term "hazardous waste" shall also be understood to include extremely hazardous waste.

(Ord. 228 §1(part), 1988).

"Hazardous waste facility" means any structure, other appurtenances and improvements on land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste.

(Ord. 228 §1(part), 1988).

"Hog ranch" means any premises used for the commercial raising of hogs that are fed garbage secured from off the premises.

(Ord. 51 §127, 1965).

"Home occupation - Quasi-home occupation" shall mean any occupation, profession, activity, or use, home-based business, conducted entirely within a dwelling, accessory structure, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part which meets the criteria listed in Section 17.08.020(D). Where such occupation does not meet the criteria under Section 17.08.020(D), the community development director may, upon issuance of an administrative permit per Section 17.05.080 per Arvin City Code approve or conditionally approve such use.

(Ord. 51 §128, 1965).

(Ord. No. 444, § 2, 11-21-2017)

Footnotes:

--- ( 2 ) ---

• Editor's Note: See also §17.02.520, Quasi-home occupation.

17.02.320 - Hospital.

"Hospital" means any building or portion thereof used for the accommodations and medical care of sick, injured or infirm persons and including sanitariums.

(Ord. 51 §130, 1965).

17.02.330 - Hotel.

"Hotel" means a building designed for, or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which there are six (6) or more guestrooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 51 §131, 1965).

17.02.340 - Lot.

"Lot" means a parcel of real property with a separate and distinct number of letters as shown on a plat recorded or filed with the county recorder or a parcel of real property abutting upon at least one (l) public street or private easement and held under separate ownership prior to the effective date of the ordinance codified in this title.

(Ord. 51 §132, 1965).

17.02.350 - Lot area.

"Lot area" means the total horizontal area within the lot lines of a lot.

(Ord. 51 §133, 1965).

17.02.360 - Lot, corner.

"Corner lot" means a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.

(Ord. 51 §134, 1965).

17.02.370 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. 51 §135, 1965).

17.02.380 - Lot, key.

"Key lot" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.

(Ord. 51 §136, 1965).

17.02.390 - Lot line, front.

"Front lot line" means the property line dividing a lot from a street. On a corner lot only one (l) street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.

(Ord. 51 §139, 1965).

17.02.400 - Lot line, rear.

"Rear lot line" means the line opposite the front lot line.

(Ord. 51 §140, 1965).

17.02.410 - Lot line, side.

"Side lot line" means any lot lines other than front lot lines or rear lot lines.

(Ord. 51 §141, 1965).

17.02.420 - Lot, reversed corner.

"Reversed corner lot" means a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.

(Ord. 51 §137, 1965).

17.02.430 - Lot, through.

"Through lot" means a lot having frontage on two (2) parallel or approximately parallel streets.

(Ord. 51 §138, 1965).

17.02.431 - Lower income household.

"Low income household" shall have the meaning set forth in Health and Safety Code § 50079.5, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)

Manufactured Housing Government Code § 65852.3; Manufactured homes may be installed on lots zoned for conventional single-family residential dwellings where the manufactured home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.)

on a foundation system, pursuant to Section 18551 of the Health and Safety Code. Installation of manufactured homes on lots zoned for conventional single-family residential dwellings shall be subject to section 17.50.130 - single family dwellings and mobile homes - development/architectural standards. Additionally, if more than ten (10) years have elapsed between the date of the manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home, the manufactured home shall not be permitted.

(Ord. No. 492, § 3, 4-23-2024)

A "mobile home" means a structure, transportable in one (1) or more sections, which when erected on site measures eight (8) body feet or more in width and forty (40) body feet or more in length, and designed to be used as a one-family dwelling, with or without a permanent foundation, when connected to the required utilities.

(Ord. 182 Exhibit A (4), 1982: Ord. 51 §142, 1965).

"Mobile home park" means any area or tract of land where one or more mobile home sites are rented or held out for rent, and shall include a trailer park.

(Ord. 51 §143, 1965).

17.02.455 - Mobile recycling unit.

A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

(Ord. 227 §1(part), 1988).

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit, including tourist courts, auto courts, or motor lodges.

(Ord. 51 §144, 1965).

17.02.470 - Nonconforming building.

"Nonconforming building" means a building or structure or portion thereof existing in conflict with the provisions of this title applicable to the zone in which it is situated.

(Ord. 51 §145, 1965).

"Nonconforming use" means the use of a structure or premises for a purpose which is in conflict with the provisions of this title.

(Ord. 51 §146, 1965).

17.02.490 - Occupied.

"Occupied" includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

(Ord. 51 §147, 1965).

17.02.500 - Person.

"Person" means any individual, firm, copartnership, joint adventure, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. 51 §148, 1965).

17.02.505 - Planning director—City planner—Planner—Community development director.

"Planning director, city planner, community development director" herein referred as the planner shall refer to that person designated by the city manager as the individual or individuals assigned to perform the duties of the planner. The city manager may appoint and designate an individual or individuals to perform the duties of the planner. The city manager, or designee, shall serve as the planner in the absence of such an appointment.

(Ord. No. 456, § 4(Exh. A, § 1), 2-26-2019; Ord. No. 496, § 1, 7-23-2024)

17.02.510 - Public utility service yard.

"Public utility service yard" means a site or portion of a site on which a public utility company may store, house or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduits, transformers, crossarms, utility poles or any other materials, tools or supplies necessary for the normal maintenance of the utility facilities.

(Ord. 51 §149, 1965).

17.02.520 - Quasi-home occupation.*[[3]]

"Quasi-home occupation - Home occupation" shall mean any occupation, profession, activity, or use, home-based business, conducted entirely within a dwelling, accessory structure, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part which meets the criteria listed in section 17.08.020(D). Where such occupation does not meet the criteria under section 17.08.020(D), the community development director may, upon issuance of an administrative permit per section 17.05.080 per Arvin City Code approve or condonably approve such use.

(Ord. 51 §129, 1965).

(Ord. No. 444, § 2, 11-21-2017)

Footnotes:

--- ( 3 ) ---

• Editor's Note: See also §17.02,310, Home occupation.

17.02.520(a) - Reasonable accommodation.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

(Ord. No. 421, § 1, 7-7-2015)

"Recyclable material" is reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. "Recyclable material" does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(Ord. 227 §1 (part), 1988).

A "recycling facility" is a center for the collection and/or processing of recyclable materials. A certified "recycling facility" or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A "recycling facility" does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

A.

Collection Facility. A "collection facility" is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 17.47.030. Collection facilities may include the following:

Reverse vending machines(s);

2.

Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include:

a.

A mobile unit;

b.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet;

c.

Kiosk-type units which may include permanent structures;

d.

Unattended containers placed for the donation of recyclable materials.

3.

Large collection facilities which may occupy an area of not more than five hundred (500) square feet and may include permanent structures.

B.

Processing facility. A "processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1.

A "light processing facility" occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.

2.

A "heavy processing facility" is any processing facility other than a light processing facility.

(Ord. 227 §1 (part), 1988).

17.02.522(a) - Residential care facility.

"Residential care facility" shall mean California Department of Social Services licensed non-medical facilities which provide long-term care to adults or children which stay in a residential setting rather than in their own home. Occupants may include persons with chronic life-threatening illness including HIV or AIDS, or the elderly. Residential care facilities provide room, board, housekeeping, supervision, and personal care assistance with basic activities such as bathing and grooming, as further defined under the California Health and Safety Code § 1568.0831.

(Ord. No. 397, 8-2-2011; Ord. No. 421, § 1, 7-7-2015; Ord. No. 492, § 3, 4-23-2024)

17.02.523 - Reverse vending machine(s).

A.

A "reverse vending machine" is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

B.

A "bulk reverse vending machine" is a reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container.

(Ord. 227 §1 (part), 1988).

17.02.530 - School, elementary or high.

"Elementary school" or "high school" each mean institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. (High schools include junior and senior).

(Ord. 51 §150, 1965).

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.02.535, which pertained to second dwelling unit and derived from Ord. No. 421, § 1, 7-7-2015.

"Self-service laundry" means any establishment for laundering where there is no pickup or delivery service and no steam or hand laundry of any type.

(Ord. 51 §151, 1965).

"Senior households" means those residential units that have at least one (1) occupant that is at least fiftyfive (55) years of age or older.

(Ord. No. 421, § 1, 7-7-2015)

17.02.550 - Sign.

"Sign" means any outdoor advertising sign, cloth, paper, metal, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing or device whatsoever which is designed, intended or used to advertise or inform by erecting, constructing, maintaining, posting, assembling, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or placing, affixing or making visible outdoor advertising on or to the ground or any tree, bush, rock, fence, post, wall, vehicle, building, structure or thing.

(Ord. 51 §159, 1965).

17.02.555 - Single room occupancy unit.

"Single room occupancy unit" means a facility providing dwelling units where each unit has a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred (400) square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

(Ord. No. 421, § 1, 7-7-2015)

17.02.560 - Stable, private.

"Private stable" means a detached accessory building for the keeping of one (1) or more horses owned by the occupants of the premises, and not kept for remuneration, hire or sale.

(Ord. 51 §152, 1965).

17.02.570 - Stable, public.

"Public stable" means a stable other than a private stable.

(Ord. 51 §153, 1965).

17.02.580 - Stockyard.

"Stockyard" means an enclosed area where animals are fed concentrated food prior to shipping to market or slaughtering or where animals are held for resale only.

(Ord. 51 §154, 1965).

17.02.590 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

(Ord. 51 §155, 1965).

17.02.600 - Story, half.

"Half story" means a story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (⅔) of the floor area immediately below it.

(Ord. 51 §156, 1965).

17.02.610 - Street.

"Street" means a public thoroughfare which affords the principal means of access to abutting property.

(Ord. 51 §157, 1965).

17.02.620 - Structure.

"Structure" means anything constructed or erected, which requires location on the ground, or is attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

(Ord. 51 §158, 1965)

17.02.630 - Structure alterations.

"Structure alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(Ord. 51 §160, 1965).

17.02.635 - Supportive housing.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. This housing may include apartments, single-room occupancy residences or single-family homes.

(Ord. No. 421, § 1, 7-7-2015)

17.02.636 - Target households.

"Target households" means lower-income households or senior citizen households.

(Ord. No. 421, § 1, 7-7-2015)

17.02.640 - Trailer, coach or travel.

"Coach or travel trailer" means any vehicle which at no time exceeds eight (8) feet in width at its widest point and is less than forty (40) feet in length at its longest point and is designed for human habitation, whether self-propelled or drawn by a motor vehicle, with no footing or foundation other than wheels and temporary stabilizing units.

(Ord. 182 Exhibit A (3), 1982: Ord. 51 §161, 1965).

17.02.650 - Trailer park.

"Trailer park" means any area or tract of land or separate designated section within a mobile home park where lots are rented or held out for rent to one (1) or more owners or users of trailer coaches used for traveling or recreational purposes.

(Ord. 51 §162, 1965).

17.02.655 - Transitional housing.

"Transitional housing" (per Health and Safety Code 50675.2(h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional housing shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 421, § 1, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 4), 2-26-2019)

17.02.656 - Urban lot splits.

Urban lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an urban lot split shall be limited to two (2) dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two (2) lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one (1) primary dwelling unit and one (1) ADU and UL Parcel 2 may be developed with one (1) primary dwelling unit and a JADU. A maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin's Development Impact Fees and require separate utility connections. Once an urban lot is created, no additional land divisions are permitted.

(Ord. No. 492, § 3, 4-23-2024)

17.02.657 - Urban two-unit development.

Urban two-unit development occurs within a single-family residential zoned property meeting the requirements of Government Code Section 65852.21 and is ministerially developed with one (1) primary dwelling unit and one (1) urban primary dwelling unit, (plus one (1) accessory dwelling unit (ADU) and/or one (1) junior accessory dwelling (JADU) - maximum four (4) units subject to the provisions of Section 17.50.130 - Single-family dwellings and mobile homes - Development/architectural standards and meeting the requirements of Section 17.08.020 Permitted Uses and Subsections 1 through 15. Single-family residential

zones include Chapter 17.08 R-1 Single-Family Zone; Chapter 17.16 R-S - Suburban Residential Zone; and Chapter 17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.

(Ord. No. 492, § 3, 4-23-2024)

A second residential dwelling unit, located within a dwelling one-family unit, limited to one thousand six hundred (1,600) square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, and is located in a single-family residential zone. This use classification also applies to a second dwelling unit on any eligible lot or a urban lot that resulted from an urban lot split, as described in Title 16 Subdivision, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An urban primary unit is not an accessory dwelling unit or junior accessory dwelling unit, refer to Chapter 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. See Section 17.02.220 - Dwelling, Single-family.

(Ord. No. 492, § 3, 4-23-2024)

"Use" means the purpose for which land or building is designed, arranged or intended, or for which either is or may be occupied or maintained.

(Ord. 51 §163, 1965).

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

(Ord. 51 §164, 1965).

17.02.680 - Yard, front.

"Front yard" means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the main building.

(Ord. 51 §165, 1965).

17.02.690 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building.

(Ord. 51 §166, 1965).

17.02.700 - Yard, side.

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of an accessory building attached thereto.

(Ord. 51 §167, 1965).

17.02.710 - Very low income household.

"Very low income household" shall have the meaning set forth in Health and Safety Code, section 50105, as may be amended, wherein the geographic area referenced is Kern County.

(Ord. No. 421, § 1, 7-7-2015)

Chapter 17.04 - GENERAL PROVISIONS

Sections:

The regulations specified in this title shall be subject to the interpretations and exceptions set forth in this chapter and Chapters 17.50 and 17.52.

(Ord. 51 §2901, 1965).

17.04.020 - Less restrictive uses prohibited.

The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones or more restrictive classification, except as otherwise specified.

(Ord. 51 §2902, 1965).

17.04.030 - Additional permitted uses.

Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein; provided, that such uses are similar to those mentioned and are in the opinion of the city council as evidenced by a resolution in writing, after a report and recommendation by the planning commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

(Ord. 51 §2903, 1965).

Uses other than those specifically mentioned in this title as uses prohibited in any zone may be excluded therefrom; provided that such uses are, in the opinion of the city council as evidenced by a resolution in writing, after a report and recommendation by the planning commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.

(Ord. 51 §2904, 1965).

Chapter 17.05 - USES PERMITTED SUBJECT TO ADMINISTRATIVE APPROVAL

Sections:

The purpose of requiring administrative approval of certain enumerated uses is to enable the city planner to determine whether, in any particular case, a use listed under a section of district regulations entitled "permitted uses: administrative approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. The provisions of this chapter set forth a procedure for approval of such use by an administrative act where findings can be made by the city planner that such use is in conformance with the intent and provisions of this chapter and take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those listed under individual district.

(Ord. 146 §3 (part), 1979).

(Ord. No. 2023-485, § 1, 7-25-2023)

A.

An application for administrative approval shall be submitted to the city planner on a form prescribed by the city planner. The application shall include a statement of the use proposed and an administrative use permit application. The application information shall contain the minimum information as well as other information that may be requested by the city planner: The applicant shall submit three (3) prints of the site plan, electronic files (flash drive). The site plan shall contain plot plans drawn to scale, and shall indicate clearly and with full dimensions the following information, where applicable:

1.

The name and address of the applicant and of all persons owning any or all of the property proposed to be used.

2.

Location of property involved (address or vicinity).

3.

Legal description of property.

4.

Proposed facility or use.

5.

The lot dimensions.

6.

All buildings and structures and their location, size, height, and proposed uses;

7.

Location and design of recreation areas.

8.

Yards and spaces between buildings.

9.

Walls and fences and their location, height, and materials.

10.

Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.

11.

Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.

12.

Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.

13.

Signs and their location, size and height.

14.

Loading, including the location, dimensions, number of berths, internal circulation, and means of accessibility to structure or use served.

15.

Lighting, including the location, general nature, and hooding devices, if any.

16.

Street dedication and improvements.

17.

Location of utilities and trash collection areas.

An appropriate description legend and north point.

19.

Will serve letter from the Arvin Community Services District.

20.

Clearance from the Kern County Fire Department.

21.

Financial commitment to lessen the burden of cost in providing public services by joining or creating landscape and lighting district, joining, or creating a benefit assessment district, joining, or creating community services district, etc.

22.

Such other data or information as may be required by the city.

B.

The city planner shall determine if the application is complete and if complete shall review the application for compliance with the provisions of chapter 17.60, site development permits, and chapter 17.70, site development standards. Upon completion the review of a completed application and consultation with appropriate city departments and purveyors of services, the city planner shall state in writing either approval or disapproval of the proposed use, together with findings and reasons per section 17.05.03, grant of application - findings required, for such decision, within forty-five (45) working days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of the filing of the application of a complete application. The findings and reasons of the city planner may identify required improvements, dedications, bonding, financial obligations, etc.

C.

In approving or disapproving the use, the city planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with section 17.05.050, appeal to the planning commission.

D.

All uses subject to administrative approval pursuant to section 17.05.080, permitted uses designated— administrative approval, shall be required to comply with the provisions of this chapter.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 5), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

A.

The city planner may grant an application for administrative approval as the permit was applied for, or in modified form, if, based on the application and evidence submitted, the city planner is able to make the following findings:

1.

That the use will not involve any process, equipment, or materials which, in the opinion of the city planner, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and

2.

That the proposed use will be harmonious with existing structures and uses of land in the vicinity.

3.

That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4.

That the proposed use shall cause all necessary improvements of needed public facilities as identified by the city.

5.

That the proposed use shall create, join and/or participate in the formation of community facilities district(s), lighting and landscape maintenance district(s), or other mechanisms to off-set current and future long-term maintenance of physical improvements to all necessary facilities such as road improvements, storm drainage facilities, sewer facilities, fire protection, police services and facilities, administrative services and facilities, etc.

6.

Compliance with all applicable laws and ordinances.

7.

Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and

8.

Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.

B.

In making such findings, the city planner shall consult with the city engineer, building official, Kern County Fire Department, Police Chief, City of Arvin Wastewater Manager, Arvin Community Service District, and other departments or agencies that may provide service to the proposed use to assure that approvals will be consistent with established legislative policies relating to traffic safety, street dedications, street improvements, utility service, and public safety.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 6), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

One (1) copy of the written decision of the city planner approving or disapproving the application shall be signed and dated by the city planner and mailed to the applicant, and all purveyors of public services. The applicant, if in agreement with the decision of the city planner, shall sign and certify their agreement to the findings and requirements as stated in section 17.05.030, grant of application—findings required, on a form provided by the city planner.

(Ord. 146 §3(part), 1979).

(Ord. No. 2023-485, § 1, 7-25-2023)

The applicant or any aggrieved person may appeal, in accordance with section 17.54.100, hearing - notice and payment of fees, per section 17.54.080(D), in writing and shall pay the established appeal fee as adopted by the city council setting forth the reason(s) for such appeal to the commission. Such appeal shall be filed with the city clerk within fifteen (15) calendar days after the mailing of the notice of such decision by the city planner. If an appeal is filed, the city planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the city clerk and upon receipt of said reports shall schedule the planning commission hearing date for consideration of the appeal. The commission shall review the administrative permit de novo and shall approve, approve with conditions, or disapprove, based on the findings set forth in section 17.05.030, grant of application—findings required. The decision of commission shall be final unless appealed to the city council in accordance with section 17.54.130, decisions - granting or denial - notice.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 8), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

The applicant or any aggrieved person may appeal in writing and shall pay the established appeal fee as adopted by the council, setting forth reason(s) for such appeal to the council. Such an appeal shall be filed with the city clerk within fifteen (15) calendar days after the commission's decision. If an appeal is filed, the city planner upon completion of the staff report and upon completion of a public hearing notice shall transmit the completed report(s) to the city clerk and upon receipt of said reports shall schedule the city council hearing date for consideration of the appeal. The council shall review de novo the site plan and

shall approve, approve with conditions, or disapprove, based on the findings set forth in chapter 17.72, multiple family residential design review, and chapter 17.70, site development standards, and chapter 17.60, site development permits, of this Code. The decision of the council shall be final.

(Ord. 146 §3 (part), 1979).

(Ord. No. 456, § 4(Exh. A, § 9), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building division shall secure written clearance from the city planner that the proposed structure and/or building location is in conformity with the approved administrative permit. Prior to the issuance of the certificate of occupancy is issued by the building official or final inspection, the building official/inspector shall receive clearances from the city planner and other city departments and agencies that the site has been developed in accordance with the administrative permit and in compliance with chapter 17.70, site development standards.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 10), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

17.05.080 - Permitted uses designated—Administrative approval by city planner.

Administrative approval of the following uses shall be reviewed and processed in compliance with chapters 17.05, uses permitted subject to administrative permit, 17.70, site development standards, where applicable:

A.

All permitted uses in the R-1. the estate zones, and agriculture zones.

B.

Enclosed temporary construction materials storage yards required in connection with the development of subdivisions, remodeling of existing structures, temporary subdivision sales offices and signs, and model home display areas, and similar activities as may be determined by the city planner in accordance with the regulations set forth in chapter 17.05, uses permitted subject to administrative approval.

D.

Swimming pools for either individual, family, or communal use on an exclusive noncommercial basis; provided, however, no swimming pool or accessory mechanical equipment shall be located in a required front yard, or less than five (5) feet from a property line, or within a utility easement and shall be enclosed by a fence six (6) feet in height.

E.

Accessory buildings and uses located on the same site as a permitted use.

F.

Quasi home occupation and home occupation permits in accordance with the regulations set forth in sections 17.50.160, home occupation permits, and 17.02.310, home occupations, of this title.

G.

Additions of less than one thousand (1,000) square feet in the R residential and C commercial districts, and one thousand five hundred (1,500) square feet in the M manufacturing districts.

H.

City, county, state and federal administrative offices, libraries, and police and fire stations.

I.

Other activities not listed in chapter 17.60, site development permits.

J.

Residential care facilities with seven (7) or more persons will be allowed with administrative approval.

(Ord. 146 §3(part), 1979).

(Ord. No. 456, § 4(Exh. A, § 11), 2-26-2019; Ord. No. 2023-485, § 1, 7-25-2023)

Chapter 17.055 - MULTIPLE FAMILY RESIDENTIAL DESIGN REVIEW MINISTERIAL PERMIT

Sections:

The purpose of this chapter is to regulate the ministerial review and approval of Senate Bill 35 (SB35) eligible projects and multiple family residential development in compliance with chapter 17.72, Multiple Family Residential Design Review. Where projects do not meet the requirements of chapter 17.72, Multiple Family Residential Design Review, the project shall be processed in accordance with chapter 17.05, Uses Permitted Subject to Administrative Approval, and chapter 17.60, Site Development Permit, and may be subject to the California Environmental Quality Act and local implementing procedures, as applicable. The provisions of this chapter set forth a procedure for approval where objective design and development standards can be applied and verified by the city planner that such use is in conformance with the intent and provisions of this chapter. Multiple family residential review shall be applicable to all zones that permit multiple family residential development, which review shall be ministerial and exempt from CEQA requirements. The typical zone districts include R-2, R-3, R-4, and MUO (where multiple family residential development is permitted). Housing development projects, whether single or multiple family residential, shall be allowed by-right as accessory to permitted religious institution uses, consistent with Assembly Bills 1851 and 2244 adopted in 2022. Housing development projects, whether single or multiple family residential, shall be allowed by-right as accessory to permitted religious institution uses, consistent with Assembly Bills 1851 and 2244 adopted in 2022. (February 18-2025 PC Mtg.)

(Ord. No. 2023-485, § 2, 7-25-2023; Ord. No. 498, 3-25-2025)

Allow by right the development of Assessor Parcel Number 192-170-06 currently identified to meet the lower income RHNA requirement or any other parcel listed in the prior two (2) cycles for the purpose of meeting the 6th cycle lower income RHNA obligations, given that the development include twenty percent (20%) affordable units for lower-income households when meeting the criteria as established by chapter 17.055, Multiple Family Residential Design Review Ministerial Permit and chapter 17.72, Multiple Family Residential Design Review. (February 18, 2025)

(Ord. No. 498, 3-25-2025)

17.055.020 - Application for approval—Review procedure.

A.

Application review. Each application, as established herein chapter 17.055, multiple family residential design review ministerial permit, for a multiple family residential development project shall be reviewed to ensure that the application is consistent with any adopted objective multiple family residential development standards contained in chapter 17.72, multiple family residential design review.

1.

A complete application submittal package shall be provided pursuant herein section 17.055.020, application for approval - review procedure, in order for the application to be deemed complete and eligible for an objective multiple family residential development review. The applicant shall submit three (3) prints of site plans, plot plans, elevations (north, south, east, and west), floor plans, and landscape plans necessary to depict the required information. The submittal package shall contain plans drawn to scale and shall indicate clearly and with full dimensions the following information. The applicant may also submit the files electronically via flash drive.

a.

Name and address of the applicant and of all persons owning any or all of the property proposed to be used.

b.

Location of property involved (address or vicinity).

c.

Legal description of property.

d.

Proposed facility or use.

e.

The lot dimensions.

f.

All buildings and structures and their location, size, height, and proposed uses.

g.

Location and design of recreation areas.

h.

Yards and spaces between buildings.

i.

Walls and fences and their location, height, and materials.

j.

Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees.

k.

Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system.

l.

Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions.

m.

Signs and their location, size and height.

n.

Loading, including the location, dimensions, number of parking spaces, internal circulation, and means of accessibility to structure or use served.

o.

Lighting, including the location, general nature and hooding devices, if any.

p.

Street dedication and improvements.

q.

Location of utilities and trash collection areas; and

r.

An appropriate description legend and North point

s.

And other materials may be required to demonstrate compliance with chapter 17.72, multiple family residential design review.

B.

The city planner shall determine if the application is complete within thirty (30) working days and if complete shall review the application for compliance with the provisions of chapter 17.72, multiple family residential design review. If the application is deemed incomplete, the city planner shall advise the applicant of the needed information. Upon resubmittal of an incomplete application, the city planner has an additional thirty (30) days to review the content of the resubmitted application.

C.

Upon completion the review of a completed application and consultation with appropriate city departments and purveyors of services, the city planner shall state in writing either approval or denial of the proposal based solely on compliance with the adopted objective standards identified in chapter 17.72, multiple family residential design review, within forty-five (45) days of acceptance of a complete application excluding Saturday, Sundays, and legal holidays, of acceptance of a complete application.

D.

In approving or denying the proposal, the city planner shall advise of the decision to the applicant and designated representatives and shall advise of the right to appeal the decision in accordance with section 17.055.040, appeals.

(Ord. No. 2023-485, § 2, 7-25-2023)

17.055.030 - Decision on application—Notice required.

A.

One (1) copy of the written decision of the city planner approving or denying the application shall be signed and dated by the city planner and mailed to the applicant, city departments, and all purveyors of public services. The applicant, if in agreement with the decision of the city planner, shall sign and certify their agreement to the findings and requirements as stated in section 17.055.030, grant of application—findings required, on a form provided by the city planner.

(Ord. No. 2023-485, § 2, 7-25-2023)

17.055.040 - The city planner's decision.

A.

The city planner's decision shall be deemed ministerial provided the following standards are complied with:

1.

Proposed use is permitted in the underlying zone district and density is permitted within the underlying planned land use.

2.

Proposed use will be in compliance with all adopted objective multiple family residential development standards contained in chapter 17.72, multiple family residential design review.

3.

Proposed use will comply with all other applicable provisions of the zoning ordinance.

4.

Proposed use will comply with all policies and standards identified in the general plan and any specific plan, as applicable; and

5.

Approval of the project will not violate any existing policy, regulation, mandate, or law.

(Ord. No. 2023-485, § 2, 7-25-2023)

17.050.050 - Appeals.

A.

The city planner's decision shall be deemed final except as follows:

1.

An applicant may appeal against the denial of a multiple family objective review to the planning commission as provided within section 17.54.100, hearing - notice and payment of fees, per section 17.54.080(D).

2.

Mistakes of fact may be appealed to correct the record or resubmittal of corrected information to the director and payment of required fee.

a.

An appeal to correct the record for a mistake of fact does not change the ministerial nature of the approval nor the CEQA exemption.

(Ord. No. 2023-485, § 2, 7-25-2023)

A.

Multiple family residential development review applications in compliance with the provisions contained herein chapter 17.055, multiple family residential design review ministerial permit, and chapter 17.72, multiple family residential design review, that are approved by the city planner are considered ministerial and are exempt from environmental review pursuant to CEQA Guidelines § 15268.

(Ord. No. 2023-485, § 2, 7-25-2023)

17.055.070 - Building permits—Clearances prior to issuance of certificate of occupancy.

A.

Before a building permit shall be issued for any building or structure proposed as part of an approved application for multiple family design review approval, the building division shall secure written clearance from the city planner that the proposed structure and/or building location is in conformity with the ministerial review of the multiple family design review application. Before a building may be occupied or before final inspection, the building official/inspector shall certify to the city planner that the site has been developed in accordance with the multiple family residential design review approval.

(Ord. No. 2023-485, § 2, 7-25-2023)

Chapter 17.06 - ZONES AND ZONING MAP

Sections:

In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height, bulk and construction of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, classes of land zones are established to be known as follows:

(Ord. 291, 1996: Ord. 51 §201, 1965)

(Ord. No. 411, § 1, 12-3-2013; Ord. No. 492, § 3, 4-23-2024; Ord. No. 496, § 2, 7-23-2024)

The official zoning map for the city, which map is entitled "Zoning Map, City of Arvin," is on file at the city clerk's office. The official zoning map may be amended from time to time.

(Ord. No. 496, § 3, 7-23-2024)

17.06.030 - Uncertain boundaries—Rules of determination.

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:

A.

Where such boundaries, are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries;

B.

In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

C.

In case any uncertainty exists, the planning commission shall determine the location of boundaries;

D.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such 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 such vacated or abandoned property.

(Ord. 51 §203, 1965).

Chapter 17.07 - PROHIBITED USES

Editor's note— Ord. No. 443, § 5, adopted Nov. 21, 2017, repealed § 17.07.01, which pertained to prohibited uses and derived from Ord. No. 390, § 3, 7-13-2010.

Chapter 17.08 - R-1 ONE-FAMILY DWELLING ZONE*[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

• Prior ordinance history: Ordinances 51, 160 and 182.

The regulations set forth in this chapter shall apply in the R-1 singel-family zone unless otherwise provided in this title.

(Ord. 199 (part), 1985).

(Ord. No. 492, § 3, 4-23-2024)

Uses permitted in any type of R-1 zone are as follows:

A.

One-family dwellings, subject to the provisions of section 17.50.130.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land including a private garage.

C.

Urban two-unit development within single-family residential zone subject to the provisions of 17.50.130 single family dwellings and manufactured homes - development/architectural standards and 17.50. 190 urban two-unit development.

D.

Home occupation permits subject to approval as per section 17.50.160 - home occupation permits.

E.

One (1) sign of not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5) feet to street line;

F.

One (1) temporary sign of not to exceed six (6) square feet in area giving the name of the contractors, engineers and architects during the construction period;

G.

Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening;

H.

Domesticated dogs or domesticated cats only shall be allowed to be maintained in the exterior (outside) portions of the dwellings, accessory buildings and detached structures as defined in subsections A through C, inclusive, of this section, and as to the presence of any domesticated dog(s) or domesticated cat(s) within the exterior portion of such buildings as described in subsections A through C, all other ordinances, including, but not limited to, leash law restrictions, will apply to such use/activity. Other domesticated animals, domesticated fish and domesticated birds shall be permitted, but only so long as they collectively total not more than twelve (12) and are maintained solely and exclusively at all times within the interior portion of the single -family dwelling described in subsection A, B, and C. Under no circumstances, however, shall poultry, whether in the form of hens, roosters, turkeys or other farm fowl or farm animal be maintained as a permitted use in an R-1 Singel-family dwelling zone;

I.

Reserved.

J.

Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.

K.

Mobile homes certified (manufactured homes), manufactured ten (10) years or less, under the National Mobile Home Construction Safety Act of 1974 (42 U.S.C. § 5401 et seq.) on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code and subject to the provisions of section 17.50.131 of this chapter;

L.

Reserved.

M.

Transitional housing;

N.

Supportive housing;

O.

Residential care facilities;

P.

Employee housing.

Q.

Neighborhood serving commercial uses within single family residential zones subject to approval per section 17.50.180 - neighborhood serving commercial uses.

R.

Cottage food operations subject to approval per section 17.50.170 cottage food operations.

S.

Single room occupancy units.

(Ord. 309, 1998: Ord. 199 (part), 1985)

(Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019; Ord. No. 492, § 3, 4-232024)

17.08.029. - Lot size in R-1 single-family zone.

The typical lot size may range from four thousand three hundred fifty-six (4,356) to ten thousand (10,000) square feet permitting up to four (4) to ten (10) dwelling units per acre.

(Ord. No. 492, § 3, 4-23-2024)

The maximum height for buildings in any type of R-1 zone shall be two and one-half (2½) stories and not to exceed thirty-five (35) feet.

(Ord. 199 (part), 1985).

A.

In any type of R-1 zone, there shall be a front yard of not less than twenty (20) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after the effective date of the ordinance codified in this title shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

In any type of R-1 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 199 (part), 1985).

(Ord. No. 376, 2008).

In any type of R-1 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

(Ord. 199 (part), 1985).

In any type of R-1 zone, there shall be a rear yard behind every main building of not less than ten (10) feet.

(Ord. 199 (part), 1985).

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.08.070, which pertained to R-110 zone and derived from Ord. 199 (part), 1985; Ord. No. 421, § 3, 7-7-2015.

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.08.080, which pertained to R-1-8 zone and derived from Ord. 199 (part), 1985; Ord. No. 421, § 4, 7-7-2015.

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.08.090, which pertained to R-1 zone and derived from Ord. 199 (part), 1985.

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.08.100, which pertained to R-1PUD zone and derived from Ord. 199 (part), 1985.

17.08.110 - Required distance between buildings on same lot.

A.

In any type of R-1 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

B.

In any type of R-1 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 199 (part), 1985).

17.08.120 - Reserved.

Editor's note— Ord. No. 492, § 3, adopted April 23, 2024, repealed § 17.08.120, which pertained to implementation and derived from Ord. 199 (part), 1985.

Chapter 17.10 - R-2 TWO-FAMILY DWELLING ZONE*[[5]]

Sections:

Footnotes:

--- ( 5 ) ---

• Prior ordinance history: Ordinances 51, 145, 160 and 182.

The regulations set forth in this chapter shall apply to any type of R-2 two-family dwelling zone unless otherwise provided in this title.

(Ord. 199 (part), 1985).

Uses permitted in any type of R-2 zone are as follows:

A.

Multiple family residential development with a minimum development of ten (10) units per acre and a maximum development of sixteen (16) units per acre proposed in compliance with chapter 17.72, multiple family residential design review, shall be subject to chapter 17.055, multiple family residential design review ministerial permit.

B.

Multiple family residential development with a minimum development of six (6) units per acre and a maximum development of sixteen (16) units per acre that is not in compliance with chapter 17.72, multiple family residential design review, shall be subject to chapter 17.05, uses subject to administrative review, and chapter 17.60, site development permit, in addition to standards contained in chapter 17.70, site development standards.

C.

The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood community facilities, electrical charging facilities, and other uses as may be determined by the city planner.

D.

Home occupation permits subject to approval as per section 17.50.160, home occupation permits;

E.

Single family residential uses when subdividing and proposed with a with a minimum development of ten (10) units per acre in compliance with chapter 16.08, with the exception of section 16.12.150-A.

(Ord. 199 (part), 1985).

(Ord. No. 421, § 5, 7-7-2015; Ord. No. 2023-485, § 3, 7-25-2023)

17.10.025 - Other uses—Permitted.

A.

Other uses may be permitted as authorized by the municipal code where equal to, or greater, land area is provided to replace and/or provide a residential development of at least ten (10) units per acre concurrent to or prior to development of the other use.

B.

Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this subsection, shall mean:

1.

Uses designated in chapter 17.05 (uses permitted subject to administrative approval); and

2.

Uses designated in section 17.56.030 (conditional use permits - permitted uses - any zone) and 17.56.040 (conditional use permits - permitted uses - specific zone).

(Ord. 235 (part), 1989; Ord. 199 (part), 1985).

(Ord. No. 2023-485, § 3, 7-25-2023)

17.10.030 - Height limitations.

The maximum height for buildings in any type of R-2 zone shall be three (3) stories and not to exceed forty (40) feet.

(Ord. 199 (part), 1985).

(Ord. No. 2023-485, § 3, 7-25-2023)

17.10.040 - Front yard requirements.

A.

In any type of R-2 zone, there shall be a front yard of not less than fifteen (15) feet.

B.

In any type of R-2 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 199 (part), 1985).

(Ord. No. 2023-485, § 3, 7-25-2023)

In any type of R-2 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

(Ord. 199 (part), 1985).

In any type of R-2 zone, there shall be a rear yard behind every main building of not less than five (5) feet.

(Ord. 199 (part), 1985).

In any type of R-2 zone no more than fifty percent (50%) of any lot shall be covered by buildings or structures.

(Ord. 199 (part), 1985).

(Ord. No. 485, § 3, 7-25-2023)

A.

In any type of R-2 zone the minimum lot size shall be two thousand seven hundred (2,700) square feet, with a minimum lot width of forty-five (45) feet.

B.

Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.

(Ord. No. 2023-485, § 3, 7-25-2023)

Editor's note— Ord. No. 2023-485, § 3, adopted June 25, 2023, repealed the former § 17.10.080, and enacted a new § 17.10.080 as set out herein. The former § 17.10.080 pertained to R-2-7.5 zones and derived from Ord. 199 (part), 1985; Ord. No. 456, § 4(Exh. A, § 12), 2-26-2019.

17.10.090 - Required distance between buildings on same lot.

A.

In any type of R-2 zone, there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes;

B.

In any type of R-2 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 199 (part), 1985).

Chapter 17.12 - R-3 LIMITED MULTIPLE FAMILY DWELLING ZONE

Sections:

The regulations set forth in this chapter shall apply in the R-3 limited multiple family dwelling zone unless otherwise provided in this title.

(Ord. 51 §501, 1965).

Uses permitted in an R-3 zone are as follows:

A.

Multiple Family Residential development with a minimum development of sixteen (16) units per acre and a maximum development of twenty-four (24) units per acre proposed in compliance with chapter 17.72, multiple family residential design review, and shall be subject to chapter 17.055, multiple family residential design review ministerial permit.

B.

Multiple family residential development with a minimum development of sixteen (16) units per acre and a maximum development of twenty-four (24) units per acre that is not in compliance with Chapter 17.72, Multiple Family Residential Design Review, shall be subject to chapter 17.05, uses permitted subject to administrative approval, and chapter 17.60, site development permit, as, and upon meeting the development criteria contained in chapter 17.70, site development standards;

C.

The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood community facilities, electrical charging facilities, and other uses as may be determined by the city planner; and

D.

Home occupation permits subject to approval per section 17.50.160, home occupation permits.

(Ord. 145 §2 (part), 1979; Ord. 51 §502, 1965).

(Ord. No. 376, 2008; Ord. No. 456, § 4(Exh. A, § 13), 2-26-2019; Ord. No. 2023-485, § 4, 7-25-2023)

17.12.025 - Other Uses—Permitted.

A.

Other uses may be permitted as authorized by the municipal code where equal to, or greater, land area is provided to replace and/or provide a residential development of at least sixteen (16) units per acre concurrent to or prior to development of the other use.

B.

Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this Subsection, shall mean:

1.

Uses designated in section 17.05 (uses permitted subject to administrative approval); and

2.

Uses designated in section 17.56.030 (conditional use permits - permitted uses - any zone) and 17.56.040 (conditional use permits - permitted uses - specific zone).

(Ord. 235 (part), 1989; Ord. 182 Exhibit A (8), 1982).

(Ord. No. 397, 8-2-2011; Ord. No. 456, § 4(Exh. A, § 14), 2-26-2019; Ord. No. 2023-485, § 4, 7-25-2023)

17.12.030 - Height limitation.

The maximum height for buildings in an R-3 zone shall be three (3) stories and not to exceed forty (40) feet.

(Ord. 51 §503, 1965).

(Ord. No. 2023-485, § 4, 7-25-2023)

17.12.040 - Front yard requirements.

A.

In the R-3 zone, there shall be a front yard of not less than ten (10) feet.

B.

In the R-3 zone, the front yard shall be measured from the front property line except where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §504, 1965).

(Ord. No. 2023-485, § 4, 7-25-2023)

In the R-3 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

(Ord. 51 §505, 1965).

In the R-3 zone, there shall be a rear yard behind every main building of not less than fifteen (15) feet.

(Ord. 51 §506, 1965).

(Ord. No. 2023-485, § 4, 7-25-2023)

17.12.070 - Lot coverage requirements.

In the R-3 zone no more than seventy percent (70%) of any lot shall be covered by buildings or structures.

(Ord. 51 §507, 1965).

(Ord. No. 456, § 4(Exh. A, § 15), 2-26-2019; Ord. No. 2023-485, § 4, 7-25-2023)

17.12.080 - Lot size requirements.

In the R-3 zone the minimum lot size shall be six thousand (6,000) square feet.

A.

Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.

(Ord. No. 2023-485, § 4, 7-25-2023)

Editor's note— Ord. No. 2023-485, § 4, adopted July 25, 2023, renumbered the former § 17.12.080 as § 17.12.090 and enacted a new § 17.12.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

17.12.090 - Required distance between buildings on same lot.

A.

In the R-3 zone there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes.

B.

In the R-3 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

C.

In the R-3 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 160 §1 (part), 1981; Ord. 51 §508, 1965).

(Ord. No. 2023-485, § 4, 7-25-2023)

Editor's note— Formerly § 17.12.080.

17.12.110 - Environmental justice site evaluation process.

A.

Objectives.

1.

The purpose of this section is to establish a process for reviewing rezone applications that propose to create new R-3 zoned property and ensure that new multiple family residential uses are not overly burdened by environmental and health hazards. The requirements outlined below do not preclude any other regulations to mitigate hazards on new and existing development as contained in this ordinance.

B.

Location requirements.

1.

Proposed rezones to the R-3 zone district shall be subject to additional review and analysis to ensure that the location of multiple family residential developments meet the objectives of this ordinance on the following sites:

a.

Properties with existing or abandoned oil wells.

b.

Properties within three hundred (300) feet of an existing heavy industrial use or properties planned or zoned for heavy industrial uses.

c.

Properties within one thousand (1,000) feet of hazardous industrial facilities as defined by the California Air Resources Board.

d.

Properties adjacent to principal arterials as designated in the circulation element of the general plan, unless sufficient noise mitigation and other air quality related buffers are provided for proposed projects on these properties or, the habitable space is at least 30-feet from the closest travel lane. These required development standards shall be implemented through a covenant that runs with the land at the time of approval of the rezone application.

the circulation element of the general plan, unless sufficient noise mitigation and other air quality related buffers are provided for proposed projects on these properties or, the habitable space is at least 30-feet from the closest travel lane. These required development standards shall be implemented through a covenant that runs with the land at the time of approval of the rezone application.

e.

Properties located more than one (1) mile from essential services including jobs, transit, shopping, schools, healthcare facilities, and other needed facilities (existing or planned non-residential uses).

(Ord. No. 2023-485, § 4, 7-25-2023)

Chapter 17.14 - R-4 MULTIPLE FAMILY ZONE

Sections:

The regulations set forth in this chapter shall apply in the R-4 multiple family dwelling zone unless otherwise provided in this title.

(Ord. 51 §601, 1965).

Uses permitted in an R-4 zone are as follows:

A.

Multiple family residential development with a minimum development of twenty-one (21) units per acre and a maximum development of thirty (30) units per acre proposed in compliance with chapter 17.72, multiple family residential design review, shall be subject to chapter 17.055, multiple family residential design review ministerial permit.

B.

Multiple family residential development with a minimum development of twenty-one (21) units per acre and a maximum development of thirty (30) units per acre that is not in compliance with chapter 17.72, multiple family residential design review, shall be subject to chapter 17.05, uses permitted subject to administrative approval, and chapter 17.60, site development permit, and upon meeting the development criteria contained in chapter 17.70, site development standards;

C.

The accessory buildings, uses, and structures in support of multiple family development or necessary to such use located on the same lot or parcel of land or such accessory buildings, uses, and structures may be on a separate lot or parcel and where such use provides amenities and or service, such as play grounds, neighborhood community facilities, electrical charging facilities, and other uses as may be determined by the city planner; and

D.

Home occupation permits subject to approval per section 17.50.160, home occupation permits.

(Ord. 51 §602, 1965).

(Ord. No. 456, § 16, 2-26-2019; Ord. No. 2023-485, § 5, 7-25-2023)

A.

Other uses may be permitted as authorized by the Arvin Municipal Code where equal to, or greater, land area is provided to replace and/or meet a residential development of twenty-one (21) units per acre concurrent to or prior to development of the other use.

B.

Other uses permitted subject to administrative permit, site development permit and/or conditional use permit, subject to this subsection, shall mean:

1.

Uses designated in chapter 17.05 (uses permitted subject to administrative approval);

2.

Uses designated in section 17.56.030 (conditional use permits - permitted uses - any zone) and 17.56.040 (conditional use permits - permitted uses - specific zone);

3.

Residential care facilities with seven (7) or more persons will be allowed with administrative approval (conditional use).

4.

Group dwellings; multiple family dwellings and apartment houses; churches, schools, elementary, or high; day nurseries; nursery schools; boardinghouses and rooming-houses; institutions of educational, philanthropic or eleemosynary nature; lodge halls; and private clubs, except clubs the chief activity of which is a service customarily carried on as a business.

(Ord. 235 (part), 1989; Ord. 182 Exhibit A (9), 1982).

(Ord. No. 397, 8-2-2011; Ord. No. 456, § 4(Exh. A, § 17), 2-26-2019; Ord. No. 2023-485, § 5, 7-25-2023)

17.14.030 - Height limitation.

The maximum height for buildings in an R-4 zone shall be five (5) stories and not to exceed fifty (50) feet.

(Ord. 51 §603, 1965).

(Ord. No. 2023-485, § 5, 7-25-2023)

17.14.040 - Front yard requirements.

A.

In the R-4 zone, there shall be a front yard of not less than ten (10) feet.

B.

In the R-4 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §604, 1965).

(Ord. No. 2023-485, § 5, 7-25-2023)

17.14.050 - Side yard requirements.

In the R-4 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

(Ord. 51 §605, 1965).

17.14.060 - Rear yard requirements.

In the R-4 zone, there shall be a rear yard behind every main building of not less than fifteen (15) feet.

(Ord. 51 §606, 1965).

(Ord. No. 2023-485, § 5, 7-25-2023)

17.14.070 - Lot coverage requirements.

In the R-4 zone no more than seventy percent (70%) of any lot shall be covered by buildings or structures.

(Ord. 51 §607, 1965).

(Ord. No. 456, § 4(Exh. A, § 18), 2-26-2019; Ord. No. 2023-485, § 5, 7-25-2023)

17.14.080 - Lot size requirements.

In the R-4 zone the minimum lot size shall be six thousand (6,000) square feet.

A.

Existing lots that do not meet the minimum lot size requirements shall be allowed to develop permitted residential uses subject to density requirements.

(Ord. No. 485, § 5, 7-25-2023)

Editor's note— Ord. No. 485, § 5, adopted July 25, 2023, renumbered the former § 17.14.080 as §

17.14.090 and enacted a new § 17.14.080 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

17.14.090 - Required distance between buildings on same lot.

A.

In the R-4 zone, there shall be a minimum distance of ten (10) feet between buildings used for dwelling purposes.

B.

In the R-4 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

C.

In the R-4 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 160 §1(part), 1981; Ord. 51 §608, 1965).

(Ord. No. 2023-485, § 5, 7-25-2023)

Editor's note— Formerly § 17.14.080.

17.14.110 - Environmental justice site evaluation process.

A.

Objectives:

1.

The purpose of this section is to establish a process for reviewing rezone applications that propose to create new R-4 zoned property and ensure that new multiple family residential uses are not overly burdened by environmental and health hazards. The requirements outlined below do not preclude any other regulations to mitigate hazards on new and existing development as contained in this ordinance.

B.

Location requirements.

1.

Proposed rezones to the R-4 zone district shall be subject to additional review and analysis to ensure that the location of multiple family residential developments meet the objectives of this ordinance on the following sites:

a.

Properties with existing or abandoned oil wells.

b.

Properties within three hundred (300) feet of an existing heavy industrial use or properties planned or zoned for heavy industrial uses.

c.

Properties within one thousand (1,000) feet of hazardous industrial facilities as defined by the California Air Resources Board.

d.

Properties adjacent to principal arterials as designated in the circulation element of the general plan, unless sufficient noise mitigation and other air quality related buffers are provided for proposed projects on these properties or, the habitable space is at least 30-feet from the closest travel lane. These required development standards shall be implemented through a covenant that runs with the land at the time of approval of the rezone application.

e.

Properties located more than one (1) mile from essential services including jobs, transit, shopping, schools, healthcare facilities, and other needed facilities (existing or planned non-residential uses).

(Ord. No. 2023-485, § 5, 7-25-2023)

Chapter 17.16 - R-S SUBURBAN RESIDENTIAL ZONE

Sections:

A.

Land classified in the R-S suburban residential zone may also be classified in the E zones, and all permitted uses and regulations in the R-S zone shall be the same as the R-1 zone, excepting that the following additional uses would be permitted when the R-S zone is so used:

1.

Breeding, hatching, raising and fattening of poultry, fowl, birds, rabbits, chinchillas, fish, frogs and bees for domestic use;

2.

Keeping of horses on lots having an area of one-quarter (¼) acre or more, provided, that the number of horses on any one lot shall be limited to one horse for every one-quarter (¼) acre.

B.

The keeping of such fowl and animals in the R-S zone shall conform to all other provisions of law governing same, and no fowl or animals, nor any pen, coop, stable, barn or corral shall be kept or maintained within fifty (50) feet of any dwelling or other building used for human habitation, or within one hundred (100) feet of the front lot line of the lot upon which it is located, or within twenty-five (25) feet of the street side of a

corner lot, or within one hundred (100) feet of any public park, school, hospital or similar institution. There shall be no killing or dressing of any of such animals or poultry for commercial purposes.

C.

No cull produce or other garbage of any type may be used for feeding purposes in the R-S zone.

(Ord. 55 §1, 1967; Ord. 55 §701, 1965).

Chapter 17.l8 - ESTATE ZONES

Sections:

All regulations in the E estate zone shall be the same as in the R-1 zone, except as listed below:

(Ord. No. 496, § 4, 7-23-2024)

17.18.20 - E-1 zone regulations.

All regulations in the E-1 estate zone shall be the same as in the R-1 zone, except as follows:

Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than twelve thousand (12,000) square feet.

(Ord. 51 §901, 1965).

All regulations in the E-2 estate zone shall be the same as in the R-1 zone, except as follows:

Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than eighteen thousand (18,000) square feet.

(Ord. 51 §1001, 1965).

All regulations in the E-3 estate zone shall be the same as in the R-1 zone, except as follows:

Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than twenty-four thousand (24,000) square feet.

(Ord. 51 §1101, 1965).

All regulations in the E-4 estate zone shall be the same as in the R-1 zone, except as follows:

Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than one (1) acre.

(Ord. 51 §1201, 1965).

All regulations in the E-5 estate zone shall be the same as in the R-1 zone, except as follows:

Each single-family dwelling with its accessory buildings erected after March 8, 1965, shall be located upon a lot having an area of not less than two and one-half (2 ½) acres.

(Ord. 51 §1301, 1965).

Chapter 17.20 - C-O PROFESSIONAL OFFICE ZONE

Sections:

The regulations set forth in this chapter shall apply in the C-O Professional office zone unless otherwise provided in this title.

(Ord. 51 §1401, 1965).

17.20.020 - Permitted uses.

Uses permitted in the C-O zone are as follows:

A.

Professional executive and administrative offices, including, but not limited to: accountants, architects, attorneys-at-law; chiropractors, chiropodists, dentists, insurance agents, opticians, optometrists, osteopaths, physicians, surgeons and real estate brokers;

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land;

C.

Automobile parking areas when developed as required in Section 17.36.020 if adjacent to a residential zone.

(Ord. 51 §l402(part), 1965).

Any exterior sign displayed in the C-O zone shall pertain only to a use conducted within the building and shall be attached flat against a wall of the building and parallel with its horizontal dimension and shall front

the principal street, a parking area in the rear or, in the case of a corner building, on that portion of the side street wall within fifty (50) feet of the principal street. In no case shall a sign project above the roof line.

(Ord. 51 §l402(part), 1965).

The maximum height for buildings in a C-O zone shall be four (4) stories and not to exceed forty-five (45) feet.

(Ord. 51 §1403, 1965).

In the C-O zone, there shall be a front yard of not less than ten (10) feet. The front yard shall be measured from the front property line, except, that where there is an official plan line or a future street line, the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §1404, 1965).

In the C-O zone, a side yard setback is not required, except that a minimum side yard of ten (10) feet shall be provided when the side property line abuts a street or a residential zone; and a minimum side yard setback of twenty (20) feet, when the side property line abuts an industrial zone.

(Ord. 51, §1405, 1965).

(Ord. No. 376, 2008).

In the C-O zone, a rear yard setback is not required, except that a minimum rear yard of ten (10) feet shall be provided when the rear property line abuts a street or a residential zone; and a minimum rear yard of twenty (20) feet when the rear property line abuts an industrial zone. No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 51 §1406, 1965).

(Ord. No. 376, 2008).

In the C-O zone, the minimum lot area shall be eight thousand (8,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 51 §1407, 1965).

There shall be no required distance between buildings on the same lot in the C-O zone, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 51 §1408, 1965).

For all professional offices in the C-O zone, not less than the same area of parking space shall be provided on the same site as there is floor space in the office building.

(Ord. 51 §1409, 1965).

Uses expressly prohibited in the C-O zone are as follows:

A.

New residential uses;

B.

Trailer parks;

C.

Industrial uses;

D.

Billboards or outdoor advertising structures other than those permitted under the regulations of this chapter identifying the place of business.

(Ord. 51 §1410, 1965).

Chapter 17.22 - N-C NEIGHBORHOOD COMMERCIAL ZONE

Sections:

The regulations set forth in this chapter and applicable to a N-C neighborhood commercial zone are intended to provide a convenient shopping and service area in a residential neighborhood. New N-C zones shall be permitted only when analysis of residential population demonstrates that such facilities are required and not necessarily available or convenient.

(Ord. §1501, 1965).

A.

Uses permitted in an N-C zone are as follows:

1.

Business or service establishments which supply a commodity, or perform a service for residents of the established local residential neighborhood, and not intended to draw such business from other than the immediate neighborhood

2.

Grocery stores or fruit and vegetable stores, not to exceed one thousand two hundred (1,200) square feet in area,

3.

Barber shop or beauty shop which does not exceed two (2) chairs,

4.

Laundry or clothes-cleaning pickup station,

5.

Shoe store and shoe repair shop limited to one (1) employee,

6.

Living quarters when accessory to the principal permitted use;

B.

The specific stores, shops or businesses set forth in subsection A of this section, shall be retail establishments selling new merchandise exclusively and shall be conducted wholly within a completely enclosed building. In any event, none of said uses shall occupy a building in excess of one thousand two hundred (1,200) square feet.

C.

In any part of a N-C zone directly across a street from any R zone no parking or loading facilities shall be located within the required front yard area.

(Ord. 51 §1502, 1965).

The maximum height for buildings in a N-C zone shall be one and one-half (1 ½) story and not to exceed fifteen (15) feet.

(Ord. 51 §1503, 1965).

In the N-C zone, there shall be a front yard of not less than ten (10) feet. The front yard shall be measured from the front property line, except, that where there is an official plan line of a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §1504, 1965).

In the N-C zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.

(Ord. 51 §1505, 1965).

In the N-C zone, there shall be behind every building, a rear yard having a minimum depth of twenty (20) feet except where there is an existing public dedicated and accepted alley.

(Ord. 51 §1506, 1965).

In the N-C zone, the minimum lot area shall be six thousand (6,000) square feet.

(Ord. 51 §1507, 1965).

There shall be no required distance between buildings on the same lot in the N-C zone except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 51 §1508, 1965).

Uses expressly prohibited in a N-C zone shall be as follows:

A.

Automobile service stations;

B.

Trailer parks;

C.

Industrial uses;

D.

Billboards or outdoor advertising structures other than those permitted under the requirements of Section 17.04.050, identifying the place of business;

E.

New residential uses, except as provided in subsection A(6) of Section 17.20.020.

(Ord. 51 §1509, 1965).

Chapter 17.24 - C-1 RESTRICTED COMMERCIAL ZONE*[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

• Prior ordinance history: Ordinances 51 and 227.

The regulations set forth in this chapter shall apply in the C-1 restricted commercial zone unless otherwise provided in title.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.24.020 - Permitted uses.

Uses permitted in the C-1 zone are as follows:

A.

Any of the following uses:

1.

Apartment hotels;

2.

Automobile parking areas, when developed as required in the P automobile parking zone set forth in Chapter 17.38;

3.

Automobile service stations; provided the station does not have more than two service bays and is located on a site not greater than fifteen thousand (15,000) square feet in area;

4.

Bakery (retail only);

5.

Banks;

6.

Barber shops;

Beauty shops;

Book stores;

9.

Church; excluding schools other than Sunday School;

10.

Christmas tree sales, limited between November 15th and December 26th of each calendar year;

11.

Communications equipment buildings and towers;

12.

Confectionery stores;

13.

Dress or millinery shops;

Drug stores/pharmacy;

Dry cleaning, pressing and laundry agencies;

Dry goods or notions stores;

17.

Electric appliance stores, retail, including repairs;

18.

Fireworks sales, subject to Chapter 15.18, Uniform Fire Code, of the Arvin Municipal Code;

19.

Florist shops, retail;

20.

Grocery, fruit and vegetable stores, retail;

21.

Hair styling/beauty salon, barber shops;

22.

Hardware stores;

23.

Ice storage houses of not more than five (5) ton capacity;

24.

Jewelry stores, including repairs;

25.

Laundromat;

26.

Liquor store/convenience store;

27.

Meat markets or delicatessen stores;

28.

Offices, business, professional, government or public utility;

Pet food stores, retail;

30.

Pet grooming, if wholly contained within a building;

31.

Photocopying and duplicating services;

32.

Photographic shops;

33.

Restaurants and related food services, excluding on site alcohol sales, entertainment or drive through service;

34.

Rest home, convalescent home, adult care facility, residential care facility as defined in Section 1502 of the Health and Safety Code of the state of California;

35.

Shoe stores or shoe repair shops;

36.

Stationery stores;

37.

Tailor, clothing or wearing apparel and accessory shops;

38.

Coin-operated self-service car washes;

39.

Recycling facilities as defined in Chapter 17.47 and subject to all conditions set forth in Section 17.47.030;

Video rental stores;

41.

Similar restricted commercial activities and facilities not specifically listed in the Arvin Municipal Code, as determined by the planning director.

B.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land, including a storage garage for the exclusive use of the patrons and employees of the stores or businesses set forth in subsection A of this section.

C.

All new construction and/or changes of use shall be subject to chapter 17.60, site development permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

In the C-1 zone the specified stores, shops, or businesses set forth in Section 17.24.020 shall be retail establishments selling new merchandise exclusively and shall be permitted only under the following conditions:

A.

Such stores, shops or businesses, except automobile service stations and coin-operated self-service car washes, shall be conducted entirely within an enclosed building;

B.

Products made incidental to a permitted use shall be sold at retail on the premises;

C.

All public entrances to such stores, shops or businesses shall be from the principal street upon which the property abuts or within fifty (50) feet thereof, except that a rear or side entrance from the building to a parking area may be provided;

D.

Except as provided elsewhere in this title, any exterior sign displayed shall pertain only to a use conducted on the premises, shall not exceed a height of twenty-four (24) feet above the ground level, shall not project into a street or alley more than twelve (12) inches beyond any property line, and any sign projecting beyond a property line shall have a clearance of not less than ten (10) feet between the bottom of the sign and the ground level;

E.

All new construction shall be subject to chapter 17.60, site development permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

The maximum height for buildings in the C-1 zone shall be four (4) stories and not to exceed fifty (50) feet.

(Ord. 311 §1 (Exh. A(part)), 1998).

A.

In the C-1 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required. Setback from the centerline of Bear Mountain Boulevard (State Route 223) shall be seventy-two (72) feet.

B.

In the C-1 zone, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

In the C-1 zone, a side yard setback is not required, except that a minimum side yard of ten (10) feet shall be provided when the side property line abuts a street or a residential zone; and a minimum side yard setback of twenty (20) feet, when the side property line abuts an industrial zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

In the C-1 zone, a rear yard setback is not required, except that a minimum rear yard of ten (10) feet shall be provided when the rear property line abuts a street or a residential zone; and a minimum rear yard of twenty (20) feet when the rear property line abuts an industrial zone. No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

In the C-1 zone, minimum lot size shall be six thousand (6,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.24.090 - Required distance between buildings on same lot.

There shall be no required distance between buildings on the same lot in the C-1 zone, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 one.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses expressly prohibited in the C-1 zone are as follows:

A.

New residential uses;

B.

Trailer parks;

C.

Industrial uses;

D.

Billboards or outdoor advertising structures other than those permitted under the requirements of this chapter identifying the place of business.

(Ord. 311 §1 (Exh. A(part)), 1998).

Chapter 17.26 - C-2 GENERAL COMMERCIAL ZONE*[[7]]

Sections:

Footnotes:

--- ( 7 ) ---

• Prior ordinance history: Ordinances 51, 227 and 237.

The regulations set forth in this chapter shall apply in the C-2 general commercial zone unless otherwise provided in this title.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.26.020 - Permitted uses.

Uses permitted in the C-2 zone shall be as follows:

A.

Any of the following uses:

1.

Retail or wholesale stores or business not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises, and provided, that no more than five (5) persons are employed, and not more than fifty percent (50%) of the floor area of the building is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust smoke, vibration, or other similar causes,

2.

Advertising sign boards or structures,

3.

Any use listed as a permitted use section of the C-1 zone,

4.

Animal hospitals and veterinary clinics,

5.

Automobile car washes,

6.

Automobile parking areas,

7.

Auto repair garages, provided that:

a.

There is no visible outside storage or accumulation of new or used parts, and

b.

The premises are maintained in a neat, professional manner, and

c.

No automobile or vehicle shall be stored on the premises for more than fifteen (15) days,

8.

Automobile service stations,

Bakeries, employing not more than ten (10) persons on premises,

Baths, Turkish and the like,

Billiard or pool halls or bowling alleys,

Blueprinting and photostating shops,

Bird stores or pet shops,

Bottling plants,

Bowling facilities,

Camera and photographic supplies,

Card room, bingo parlor,

Carpet and upholstery cleaners,

Carwash, detailing,

Computers and computer software store,

Churches, temporary revivals,

Cleaning and pressing establishments using nonflammable and nonexplosive cleaning fluid,

Communications equipment buildings,

24.

Conservatories of music,

25.

Department stores,

26.

Farmers market, provided it is conducted on a paved surface, is not operated more than two (2) days per calendar week, has been certified by the Kern County agricultural commissioner and that adequate parking is available through joint, shared or other arrangement as approved by the planning director,

27.

Electrical and air conditioning shops, provided no materials are stored outside,

28.

Electric distributing substations and gas distribution regulating and metering stations owned and operated by a licensed public utility,

29.

Floor covering store,

30.

Funeral services, including a crematory, provided it is incidental to the main use,

31.

Furniture stores, including rental,

32.

Furniture warehouse for storing personal household goods,

Garages, public or commercial,

Gift, novelty, souvenir or antique store,

Hobby, toy and game store,

36.

Home furnishings, including kitchenware, glassware, lamps and lighting, and fireplace inserts and accessories,

37.

Hospitals or sanitariums (except clinics, hospitals or sanitariums for contagious, mental or drug or liquor addict cases),

38.

Hotels, including restaurants, provided they are incidental to the main use,

39.

Interior decorating shops,

40.

Liquor stores,

Luggage and leather goods,

42.

Medical laboratories, laboratories, experimental and the like,

43.

Military surplus store,

44.

Mortuaries or funeral parlors,

45.

Motels, auto courts and tourist court,

46.

Motorcycle dealership, new and used, including service and repair,

Music and vocal instructions,

Music stores,

49.

Nurseries, flowers or plants,

50.

Plumbing and sheet metal shops, provided no materials are stored outside,

51.

Pool and spa sale, provided there is no outdoor storage of material,

52.

Printing, lithographing or publishing establishments,

53.

Public parking areas,

54.

Radio, television and other consumer electronics stores,

55.

Record, tape, disk and other prerecorded music and video store,

56.

Refrigerated lockers, frozen food lockers,

57.

Restaurants, tea rooms or cafes,

58.

Sewing, needlework and piece good store,

59.

Skating rinks,

60.

Sporting goods, including bicycles, camping equipment, firearms, skiing and golf,

Studios,

Taxidermists,

Telephone answering service,

64.

Theaters or auditoriums (except drive-in theaters),

65.

Trade schools, not objectionable due to noise, odor, dust, smoke, vibration or similar causes,

Upholstery shops,

Used car sales areas, provided:

a.

That no repair or reconditioning of automobiles shall be permitted, except when enclosed in a building, and

b.

That such area is located and developed as required in the "P" automobile parking zone as indicated in Chapter 17.38,

Wedding chapels,

Building material retail sales yard,

Carpenter and cabinet shops,

Janitorial services,

Creameries,

73.

Recycling facilities as defined in Chapter 17.47 and subject to all conditions set forth in Section 17.47.030,

74.

Similar commercial activities and facilities not specifically listed in the Arvin Municipal Code, as determined by the planning director;

B.

The accessory buildings and structures necessary to such uses designated in subsection A of this section, located on the same lot or parcel of land;

C.

All new construction and/or changes of occupancy shall be subject to Chapter 17.60, Site Development Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.26.030 - Height limitation.

The maximum height for buildings in the C-2 zone shall be six (6) stories and not to exceed seventy-five (75) feet unless the building sets back from each street, alley and lot line at least one (1) foot for each three (3) feet of height above six (6) stories or seventy-five (75) feet. No building shall exceed one hundred thirtyfive (135) feet or ten (10) stories.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.26.040 - Front yard requirements.

A.

In the C-2 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, minimum setback of fifty-five (55) feet from the centerline of the highway shall be required. Setback from the centerline of Bear Mountain Boulevard (State Route 223) shall be seventy-two (72) feet.

B.

In the C-2 zone, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

In the C-2 zone, a side yard setback is not required, except that a minimum side yard of ten (10) feet shall be provided when the side property line abuts a street or a residential zone; and a minimum side yard setback of twenty (20) feet, when the side property line abuts an industrial zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

In the C-2 zone, a rear yard setback is not required, except that a minimum rear yard of ten (10) feet shall be provided when the rear property line abuts a street or a residential zone; and a minimum rear yard of twenty (20) feet when the rear property line abuts an industrial zone. No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

Minimum lot size in the C-2 zone shall be six thousand (6,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

There shall be no required distance between buildings on the same lot in the C-2 zone except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses expressly prohibited in the C-2 zone are new residential uses.

(Ord. 311 §1 (Exh. A(part)), 1998).

Chapter 17.28 - M-1 LIMITED MANUFACTURING ZONE*[[8]]

Sections:

Footnotes:

--- ( 8 ) ---

• Prior ordinance history: Ordinances 51, 227 and 228.

17.28.010 - Applicability.

The regulations set forth in this chapter shall apply in the M-1 limited manufacturing zone unless otherwise provided in this title.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses permitted in the M-1 zone are as follows:

A.

Any use permitted in the C-2 zone; provided, however, that no buildings shall be used as a dwelling except institutional and accessory buildings which are incidental to the use of the improvements thereon;

B.

Any of the following uses:

1.

Any kind of manufacture, compounding, assembling, processing, institutional or treatment of products other than any which produces, causes or emits any fumes, odor, dust, smoke, gas, noise or vibrations which are or may be detrimental to properties in the neighborhood or to the welfare of the occupants thereof and which are conducted wholly within a building.

2.

Assaying,

3.

Public utility service yards,

4.

Kennels, veterinaries and animal hospitals,

5.

Wholesale businesses, storage buildings and warehouses,

6.

The following uses, if wholly enclosed within a solid masonry wall or other type fence as approved by the planning director not less than six (6) feet in height; and provided that such uses are conducted so that no material or equipment is visible to a person walking or riding on adjoining streets or property. The screening wall required above is not intended to include the main public entrance or public parking areas of the facility:

a.

Bakeries,

b.

Boat buildings,

c.

Bottling plant,

d.

Building material storage yards,

e.

Contractor's plants or storage yards,

f.

Cabinet shops and planing mills,

g.

Carpet, awning, blinds, mattress or upholstery shops, including cleaning and repair,

h.

Correctional facilities, including return to custody and private prisons and holding facilities, but not including maximum security or federal prisons,

i.

Distribution plants and facilities,

j.

Draying, freighting or trucking yards or terminals,

k.

Electric welding and electroplating,

l.

Feed and fuel yards,

m.

Frozen food lockers and processing,

n.

Furniture and automobile upholstering operations not confined wholly to a building,

o.

Lumber yards,

p.

Ice and cold storage plants,

q.

Laboratories, experimental research and testing,

r.

Laundries, cleaning and dyeing plants,

s.

Machine shops, provided no noise or vibrations are produced at residential property lines,

t.

Paint mixing plants (not employing a boiling process),

u.

Petroleum products storage,

v.

Public utilities service yards, power plants or distribution stations,

w.

Rubber fabrication or products made from finished rubber,

x.

Sheet metal shops,

y.

Stone monument works,

z.

Tool and equipment rental facilities,

aa.

Transit and transportation equipment storage,

bb.

Truck parking or storage,

cc.

Welding, metal fabricating and blacksmith shops,

dd.

Wholesale businesses, storage buildings and warehouses,

7.

The manufacturing of the following, provided no noise, odors or vibrations are detectable at any residential property line:

a.

Arts and crafts,

b.

Billboards and advertising structures, electronic neon signs,

c.

Ceramic and glass products,

d.

Clothing and garments,

e.

Cosmetics, perfumes, toiletries, drugs and pharmaceuticals,

f.

Computers, electronic instruments and devices, radios, televisions, phonographs, and business machines,

g.

Food products (except the rendering of fats or oils),

h.

Furniture, subject to air quality control standards,

i.

Honey extraction and processing, not including the on-site keeping of bees,

j.

Musical instruments and toys,

k.

Prefabricated buildings,

l.

Shoes, purses and accessory items,

m.

Soaps (cold mix only),

n.

Textiles,

8.

Recycling facilities as defined in Chapter 17.47 and subject to all conditions set forth in Section 17.47.030C. The accessory buildings and structures necessary to such use located on the same lot or parcel of land, shall comply with the provisions of the R-4 zone.

9.

Oil and gas drilling and production shall be permitted by the planning commission according to the provisions of Chapter 17.46, Oil and Gas Production,

10.

Commercial cannabis activity as established by Chapter 8.29.05 commercial cannabis activity within title 8 Health and Safety.

11.

Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 480, § 2, 4-26-2022)

The maximum height for buildings in the M-1 zone shall be two (2) stories and not to exceed thirty-five (35) feet.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.28.040 - Front yard requirements.

A.

In the M-1 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required. Setback from the centerline of Bear Mountain Boulevard (State Route 223) shall be seventy-two (72) feet.

B.

In the M-1 zone, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

C.

All new construction shall and/or changes of use shall be subject to Chapter 17.60, Site Development Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

In the M-1 zone, a side yard setback is not required, except that a minimum side yard of twenty (20) feet shall be provided when the side property line abuts a street or a residential zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 480, § 2, 4-26-2022)

In the M-1 zone, a rear yard setback is not required, except that a minimum rear yard of twenty (20) feet shall be provided when the rear property line abuts a street or a residential zone; No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

In the M-1 zone, minimum lot size shall be six thousand (6,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

There shall be no required distance between buildings on the same lot in the M-1 zone, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

For all buildings in the M-1 zone, not less than the same area of parking space shall be provided on the same site as there is floor space in the building.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses expressly prohibited in the M-1 zone are new residential dwellings and hazardous waste facilities.

(Ord. 311 §1 (Exh. A(part)), 1998).

Chapter 17.30 - M-2 LIGHT MANUFACTURING ZONE*[[9]]

Sections:

Footnotes:

--- ( 9 ) ---

• Prior ordinance history: Ordinances 51, 227 and 228.

The regulations set forth in this chapter shall apply in the M-2 light manufacturing zone unless otherwise provided in this title.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses permitted in the M-2 zone are as follows:

A.

Any use permitted in the M-1 zone, provided, however, that no building shall be used as a dwelling, except institutional and accessory buildings which are incidental to the use of the improvements thereon;

B.

Any of the following uses:

1.

Any kind of manufacturing, compounding, assembling, processing or treatment of products other than any which produces, causes or emits any fumes, odor, dust, smoke, gas, noise or vibrations which are or may be detrimental to properties in the neighborhood or to the welfare of the occupants thereof,

2.

Agricultural industries, including packing, canning and processing plants,

3.

Aircraft and automobile factories (no foundries),

4.

Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts storage when operated or maintained wholly within a building,

5.

Automobile and truck parking and storage,

6.

Auto wash,

7.

Bakeries,

8.

Blacksmith shops,

9.

Boat building,

10.

Breweries,

11.

Building material storage yards,

Carpet, awning, blinds, mattress or upholstery shops, including cleaning and repair,

13.

Contractors plants or storage,

14.

Distributing plants and facilities,

15.

Draying, freighting or trucking yards or terminals,

Electric welding and electroplating,

17.

Equestrian establishments, including stables or riding academies, schools, or amusements,

Feed and fuel yards,

Flour mills,

Fruit, vegetable and meat canning, freezing, packing and preserving plants,

Ice and cold storage plants,

Laundries, cleaning and dyeing plants,

23.

Machine shops (except punch presses of over twenty (20) tons rated capacity),

Motion picture studios,

Paint mixing plants (not employing a boiling process),

Petroleum product storage, provided, that no storage structure shall exceed fifty (50) feet in height,

27.

Poultry and rabbit raising, slaughter or storage,

28.

Public utilities service yards, electric transmission substations and gas transmission and compressor stations,

29.

Rubber fabrication or product made from finished rubber,

Sheet metal shops,

31.

Storage spaces for transit and transportation equipment,

32.

Tire rebuilding, recapping and retreading plants,

33.

Truck repairing and overhauling shops,

34.

Manufacture of:

a.

Batteries,

b.

Billboards and advertising structures, electric or neon signs,

c.

Ceramic products,

d.

Clothing or garments,

e.

Cosmetics, perfumes and toiletries, drugs and pharmaceuticals,

f.

Computers, electronic instruments and devices, radios, televisions; and phonographs,

g.

Food products (except the rendering or refining of fats or oils),

h.

Furniture,

i.

Musical instruments and toys,

j.

Prefabricated buildings,

k.

Shoes,

l.

Soap (cold mix only),

m.

Textiles,

35.

Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood, yarns and paint not employing a boiling process,

36.

Recycling facilities as defined in chapter 17.47 and subject to all conditions set forth in section 17.47.030;

Emergency housing, subject to standards contained in section 17.50.140.

C.

The accessory buildings and structures necessary to such use located on the same lot or parcel of land;

D.

Oil and gas drilling and production shall be permitted according to the provisions contained in Chapter 17.46, Oil and Gas Production;

E.

Commercial cannabis activity as established by chapter 8.29.05, Commercial Cannabis Activity, within Title 8, Health and Safety.

F.

Additional uses may be permitted by the planning commission according to the provisions of chapter 17.56, Conditional Use Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 421, § 6, 7-7-2015; Ord. No. 480, § 2, 4-26-2022)

17.30.030 - Height limitation.

The maximum height for buildings in the M-2 zone shall be six (6) stories and not to exceed seventy-five (75) feet.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.30.040 - Front yard requirements.

A.

In the M-2 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street; provided, however, that along any secondary highway, as designated by the city's highway plan a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required. Setback from the centerline of Bear Mountain Boulevard (State Route 223) shall be seventy-two (72) feet.

B.

In the M-2 zone, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

C.

All new construction and/or changes of occupancy shall be subject to Chapter 17.60, Site Development Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

In the M-2 zone, a side yard setback is not required, except that a minimum side yard of twenty (20) feet shall be provided when the side property line abuts a street or a residential zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 480, § 2, 4-26-2022)

(Ord. No. 376, 2008).

In the M-2 zone, a rear yard setback is not required, except that a minimum rear yard of twenty (20) feet shall be provided when the rear property line abuts a street or a residential zone; No rear yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

In the M-2 zone, the minimum lot size shall be six thousand (6,000) square feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.30.080 - Required distance between buildings on same lot.

There shall be no required distance between buildings on the same lot in the M-2 zone, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses expressly prohibited in the M-2 zone are new residential dwellings and hazardous waste facilities.

(Ord. 311 §1 (Exh. A(part)), 1998).

Chapter 17.32 - M-3 GENERAL MANUFACTURING ZONE*[[10]]

Sections:

Footnotes:

--- ( 10 ) ---

• Prior ordinance history: Ordinances 51, 227 and 228.

The regulations set forth in this chapter shall apply in the M-3 general manufacturing zone, unless otherwise provided in this title.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.32.020 - Permitted uses.

Uses permitted in the M-3 zone are as follows:

A.

Any use permitted in the M-2 zone; provided, however, that no buildings shall be used as a dwelling except institutional and accessory buildings which are incidental to the use of the improvements thereon;

B.

Any of the following uses:

1.

Acetylene gas manufacture or storage,

2.

Alcohol and alcoholic beverages manufacture,

3.

Ammonia, chlorine and bleaching powder manufacture,

4.

Bag cleaning,

5.

Blast furnaces,

6.

Boiler or tank works,

7.

Brick, tile or terra cotta products manufacture,

8.

Building materials manufacture,

9.

Candle factories,

Celluloid or pyroxylin manufacture,

11.

Cement and lime manufacturing when the manufacturing plant is equipped with dust collecting equipment capable of collecting at least ninety-seven percent (97%) of particulate matter from kiln gases,

Chewing tobacco manufacture,

Coke ovens,

14.

Cotton gins or oil mills,

Crematories,

Creosote treatment or manufacture,

Disinfectant manufacture,

Distillation of coal, wood or tar,

Dye-stuffs manufacture,

Exterminator or insect poison manufacture,

Feed mills,

Forge plants,

Freight classification yards,

24.

Iron, steel, brass or copper foundries or fabrication plants and heavy weight casting,

Lamp black manufacture,

Linoleum oiled products manufacture,

27.

Ore reduction,

Paint, oil shellac, turpentine or varnish manufacture,

29.

Paper or pulp manufacture,

Petroleum products storage,

31.

Petroleum refining and reclaiming plants, if located more than one thousand three hundred twenty (1,320) feet from any property classified other than M-3 zone,

32.

Pickle manufacture,

Plastic manufacture,

34.

Potash works,

35.

Quarry or stone mills, provided operations are not conducted closer than fifty (50) feet to any public street or highway,

36.

Railroad roundhouses and repair shops,

37.

Rock, sand and gravel excavating, crushing and distribution provided such operations are not conducted closer than fifty (50) feet to any public street or highway,

Rolling mills,

39.

Rubber or gutta-percha manufacture,

40.

Sauerkraut manufacture,

Saw mills,

Soap manufacture,

Sodium compounds manufacture,

44.

Starch manufacture,

Stove or shoe polish manufacture,

Tar roofing or waterproofing or other tar products manufacture,

47.

Wool pulling or scouring,

48.

Recycling facilities as defined in Chapter 17.47 and subject to all conditions set forth in Section 17.47.030;

C.

Any of the following uses; provided, that practical technological improvements subject to the approval of the planning commission, are employed for the control of fumes, odors, dust, smoke, gas, noise, vibration or other conditions which are or may be detrimental to the public health, safety, convenience or general welfare of the community:

1.

Acid manufacture,

2.

Ammunition manufacture,

3.

Except as provided in subsection B(11) of this section, cement, lime, gypsum or plaster of Paris manufacture,

4.

Chemical manufacture,

5.

Curing, tanning and storage of raw hides or skins,

6.

Distillation of bones,

7.

Drop forge industries manufacturing forgings with power hammers,

8.

Explosives, manufacture or storage,

Fat rendering,

Fertilizer manufacture,

11.

Garbage, offal or dead animal reduction or dumping,

Gas manufacture,

Gelatin or size manufacture,

Glass manufacture,

Glucose or dextrine manufacture,

Glue manufacture,

Nonmineral-oil-extraction plants,

18.

Petroleum refining and reclaiming plants, if located within one thousand three hundred twenty (1,320) feet from any property classified other than as the M-3 zone,

Smelting of tin, copper, zinc or iron ores;

D.

The accessory buildings and structures necessary to such use are located on the same lot or parcel of land;

E.

Oil and gas drilling and production shall be permitted according to the provisions of Chapter 17.46 Oil and Gas Production.

F.

Commercial cannabis activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.

G.

Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56. Conditional Use Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 480, § 2, 4-26-2022)

17.32.030 - Height limitation.

The maximum height for buildings in the M-3 zone shall be thirteen (13) stories and not to exceed one hundred fifty (150) feet.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.32.040 - Front yard requirements.

A.

In the M-3 zone, all buildings shall be located not nearer than forty (40) feet from the centerline of a street; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required. Setback from the centerline of Bear Mountain Boulevard (State Route 223) shall be seventy-two (72) feet.

B.

In the M-3 zone, all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

C.

All new construction and/or changes of occupancy shall be subject to Chapter 17.60, Site Development Permits.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.32.050 - Side yard requirements.

In the M-3 zone, no yard is required, except that:

1.

A minimum side yard of twenty (20) feet shall be provided when the side property line abuts a street or a residential zone.

2.

A minimum rear yard of twenty (20) feet shall be provided when the rear property line abuts a street or a residential zone; No yard setbacks are required when there is an existing public dedicated and accepted alley abutting the rear property line.

(Ord. 311 §1 (Exh. A(part)), 1998).

(Ord. No. 376, 2008).

No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 480, § 2, 4-26-2022)

In the M-3 zone, the minimum lot size shall be six thousand (6,000) feet and all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

17.32.070 - Required distance between buildings on same lot.

There shall be no required distance between buildings on the same lot in the M-3 zone, except that all buildings used exclusively for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 311 §1 (Exh. A(part)), 1998).

Uses expressly prohibited in the M-3 zone are new residential dwellings and hazardous waste facilities.

(Ord. 311 §1 (Exh. A(part)), 1998).

Chapter 17.34 - A-1 LIGHT AGRICULTURAL ZONE

Sections:

The regulations set forth in this chapter shall apply in the A-1 light agricultural zone unless otherwise provided in this title.

(Ord. 51 §2101, 1965).

Uses permitted in the A-1 zone are as follows:

A.

Any use permitted in the R-1 zone; provided, however, that if an R-1 use is proposed, the minimum lot size shall be five (5) acres;

B.

Any of the following uses:

1.

All agricultural uses, including the keeping of poultry and rabbits or similar livestock, provided, however, that not to exceed one horse, hog, mule, cow, goat, sheep or other similar animal shall be permitted for each one quarter (¼) acre of the parcel of land upon which the same are kept,

2.

Accessory agricultural buildings, structures and uses (except housing for agricultural workers), including farm buildings, garages and implement shelters; provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred (100) feet to the front lot line, nor nearer than fifty (50) feet to any existing dwelling on any contiguous property, or to any public park or school,

3.

Excavation and quarrying of natural materials; provided such operations are not conducted closer than one hundred and fifty (150) feet to any public street or highway or to any existing dwelling,

4.

Temporary parking of a mobile home or house trailer while the owner is engaged in crop harvesting on such site,

5.

Animal hospitals, kennels and veterinaries,

6.

Equestrian establishments, including stables or riding academies, schools or amusements,

7.

Churches, libraries, museums, elementary or high schools, golf courses, country clubs, hospitals, sanitariums, public parks, playgrounds, community centers and grange halls,

8.

Storage of petroleum products for use on the premises, but not for resale,

9.

Home occupations,

10.

Public utility or public service buildings, structures and uses,

11.

Two (2) signs not to exceed twelve (12) square feet in area, each advertising the products produced or sold on the premises or identifying the premises or occupants,

12.

Temporary stands for the sale of agricultural, horticultural or farming products grown or produced on the premises, subject to the following conditions:

a.

That the floor area of such stands does not exceed four hundred (400) square feet

b.

That the stand be located not closer than fifty-five (55) feet from the centerline of any public road, street or highway right of way

c.

That the stand is exclusively of wood frame construction and erected in such a manner that such stand can be readily removed by means of skids or some other device

d.

That the owner remove such stand at his own expense when such stand is not in use for a period of thirty (30) days,

13.

Accessory buildings, structures and uses, customary and incidental to the above uses,

C.

Oil and gas drillings and production shall be permitted according to the provisions of Chapter 17.46, "Oil and Gas Production";

D.

Commercial cannabis activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.

E.

Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56 "Conditional Use Permit".

(Ord. 51 §2102, 1965).

(Ord. No. 480, § 2, 4-26-2022)

17.34.030 - Height limitation.

The maximum height for buildings in the A-1 zone shall be four (4) stories and not to exceed forty-five (45) feet.

(Ord. 51 §2103, 1965).

A.

In the A-1 zone, there shall be a front yard of not less than twenty-five (25) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after March 8, 1965, shall project beyond the average front yard line so established. In determining such front yard, buildings located more than twenty-five (25) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

In the A-1 zone: the front yard shall be measured from the property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §2104, 1965).

In the A-1 zone, a lot shall contain a minimum area of five (5) acres in lot area. Regulations shall be the same as required in the R-S zone.

(Ord. 51 §2105, 1965).

17.34.055 - Site development permit.

No development shall be constructed on any lot or site in this zone until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 480, § 2, 4-26-2022)

17.34.060 - Required distance between buildings on same lot.

A.

In the A-1 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

B.

In the A-1 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 160 §1 (part), 1981; Ord. 51 §2106, 1965).

Uses expressly prohibited in the A-1 zone are new residential dwellings and hazardous waste facilities.

(Ord. 228 §5, 1988: Ord. 51 §2107, 1965).

Chapter 17.36 - A-2 GENERAL AGRICULTURE ZONE

Sections:

The regulations set forth in this chapter shall apply in the A-2 general agricultural zone unless otherwise provided in this title.

(Ord. 51 §2201, 1965).

Uses permitted in the A-2 zone are as follows:

A.

Any use permitted in the A-1 zone, except that if an R-1 use is proposed, the minimum lot size shall be five (5) acres of ground;

B.

All agricultural and grazing uses, including cattle feed yards, dairies and animal sales yards;

C.

Oil and gas drilling and production shall be permitted according to the provisions of Chapter 17.46, "Oil and Gas Production";

D.

Commercial cannabis activity as established by Chapter 8.29.05 Commercial Cannabis Activity within Title 8 Health and Safety.

E.

Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56 "Conditional Use Permit".

(Ord. 51 §2202, 1965).

(Ord. No. 480, § 2, 4-26-2022)

17.36.030 - Height limitation.

The maximum height for buildings in the A-2 zone shall be four (4) stories and not to exceed forty-five (45) feet.

(Ord. 51 §2203, 1965).

17.36.040 - Front yard requirements.

A.

In the A-2 zone, there shall be a front yard of not less than twenty-five (25) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after the effective date of the ordinance codified in this title shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than twenty-five (25) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

B.

In the A-2 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of forty-five (45) feet from the centerline of the highway shall be required, and along any major highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.

(Ord. 51 §2204, 1965).

In the A-2 zone, a lot shall contain a minimum of five (5) acres in lot area and the applicable regulations shall be the same as required in the R-S zone.

(Ord. 51 §2205, 1965).

No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 480, § 2, 4-26-2022)

A.

In the A-2 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.

B.

In the A-2 zone, there shall be a minimum distance of five (5) feet between accessory buildings.

(Ord. 160 §1 (part), 1981; Ord. 51 §2206, 1965).

Uses expressly prohibited in the A-2 zone are new residential dwellings and hazardous waste facilities.

(Ord. 228 §6, 1988: Ord, 51 §2207, 1965).

Chapter 17.37 - OS OPEN SPACE ZONE

Sections:

A.

The regulations set forth in this chapter shall apply in the OS open space zone unless otherwise provided in title.

B.

The purpose of the OS zone is to provide appropriate locations in the community for a wide range of open space uses, such as parks and playgrounds, recreational facilities, cultural and educational facilities, public infrastructure systems and environmentally sensitive areas. The OS zone will be matched with the "parks" designation detailed in the Land Use Element of the Arvin General Plan to ensure consistency between the zoning ordinance and general plan.

C.

The OS, open space zone is intended to guide and regulate pubic and private parks and recreational facilities, and similar and compatible uses to provide:

i.

Well-designed projects to protect adjacent property from unreasonable adverse impacts or intrusions or properties and improvements.

ii.

Adequate on-site parking and circulation to obviate the need for use on existing public right-of-way and streets for parking and internal circulation.

(Ord. No. 411, § 2, 12-3-2013; Ord. No. 496, § 5, 7-23-2024)

17.37.020 - Permitted uses.

A.

Parks, playgrounds, and botanical gardens;

B.

Drainage basins;

C.

Public water wells;

D.

Communication facilities;

E.

Environmentally sensitive lands, including wetlands, reservoirs, and floodplains;

F.

Community based recreational facilities;

G.

Courts (basketball, tennis, pickle-ball, etc.);

H.

Government office(s) or building(s) and uses;

I.

Greenbelts;

J.

Picnic areas; public parks, playgrounds, sports arena (indoor and outdoor), swimming pools (public), trails (riding, hiking, bicycling, etc.), wildlife or nature preserve; and

K.

Other similar parks and recreational uses which the city council finds to fall within the intent and purpose of this district, that will not be detrimental to the public welfare and which the city council finds to be of a comparable nature and of the same class as the uses enumerated in this section.

(Ord. No. 411, § 2, 12-3-2013; Ord. No. 496, § 6, 7-23-2024)

Those uses and structures incidental to the open space use of the land, including trash storage areas and bins; required loading and unloading facilities; parking lots; and other uses and structures that are determined by the city planner to be incidental to the open space use of the land.

(Ord. No. 411, § 2, 12-3-2013; Ord. No. 496, § 7, 7-23-2024)

The following temporary uses may be permitted subject to administrative review and approval pursuant to the provision of chapter 17.05, Uses Permitted Subject to Administrative Approval of this title:

A.

Circus, carnivals, fairs, festivals, revivals, assemblies, farmers market, and other temporary uses or activities deemed to be similar by the city planner.

B.

Temporary storage of materials and construction equipment used in the construction of maintenance of streets and highways, sewers, storm drains, underground conduits, flood control works, pipelines and similar uses.

(Ord. No. 496, § 8, 7-23-2024)

17.37.040 - Conditional uses.

A.

Amusement park.

B.

Athletic, swim and health clubs, private; country clubs; equestrian centers; freestanding signage, golf courses and club facilities; golf driving range; museums; outdoor amphitheaters; refreshment stands for the

sale of food products, beverages and similar items when conducted for city-approved recreational activities (not-for-profit organizations); swim clubs; sports arenas, outdoors; zoos.

C.

Other similar uses which the city council finds to fall within the intent and purpose of this district, that will not be detrimental to the public welfare and which the city council finds to be of a comparable nature and of the same class as the uses enumerated in this section.

(Ord. No. 411, § 2, 12-3-2013; Ord. No. 496, § 9, 7-23-2024)

No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 17.60 Site development permit.

(Ord. No. 411, § 2, 12-3-2013)

A.

Site area: The minimum site area shall be two thousand and five hundred (2,500) square feet.

B.

Lot frontage and depth: No requirement.

C.

Building height: The maximum height shall be thirty-five (35) feet. The maximum height of accessory structures shall not exceed fifteen (15) feet, with exceptions in section 17.50.30 of the Municipal Code.

D.

Yards:

1.

Front: Twenty-five (25) feet.

2.

Side: No requirement, except where the OS district abuts residential district, in which case the side yard requirement shall be ten (10) feet.

3.

Rear: No requirement, except where the OS district abuts residential district, in which case the rear yard requirement shall be ten (10) feet.

(Ord. No. 411, § 2, 12-3-2013)

17.37.070 - Off-street parking.

Off-street parking shall comply with the standards contained in Chapter 17.48 Automobile parking requirements.

(Ord. No. 411, § 2, 12-3-2013)

17.37.080 - Signs.

Signage shall comply with the standards contained in chapter 17.62, Sign Regulations (private property).

(Ord. No. 411, § 2, 12-3-2013)

17.37.090 - Findings.

Findings required to approve development within the open space district shall be as follows:

A.

That the development is consistent with the city's general plan and this title.

B.

That the development, accessory buildings, and facilities, located in established areas, have an adequate appearance, so as to be in harmony with the character and quality of surrounding development within the zone.

C.

That the development as proposed will not be detrimental to surrounding developments or improvement, nor be inferior tin construction, appearance or quality.

D.

That the development as proposed will provide quality development, including ample landscaping and screening, adequate parking and circulation, and other amenities necessary to preserve compatibility with surrounding development and prevent nuisances.

(Ord. No. 496, § 10, 7-23-2024)

Chapter 17.38 - P AUTOMOBILE PARKING ZONE[[11]]

Sections:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 496, § 12, adopted July 23, 2024, repealed the former Ch. 17.38, §§17.38.010— 17.38.030, and enacted a new Ch. 17.38 as set out herein. The former Ch. 17.38 pertained to P automobile parking zone and derived from Ord. 51 § 2302(part), 1965.

The PF district is designed and intended to provide for those uses and activities which serve the public and are generally conducted by government agencies or charitable and philanthropic nonprofit organizations. It is the purpose of the "PF" public facilities zone to provide regulations for the use and development of publicly owned land in order to implement the city's adopted general plan, including the circulation and service systems designations.

(Ord. No. 496, § 11, 7-23-2024)

A.

Governmental buildings and facilities designed for public benefit, use and accommodation.

B.

Public libraries, and museums.

C.

Cemeteries, crematories or mausoleums.

D.

Water and wastewater treatment plants, substations, and other public service facilities of a similar nature.

E.

Storm basins.

F.

Corporation yards, public works maintenance facilities and similar types of facilities.

G.

Public parking.

H.

Uses, buildings and structures incidental, accessory, and subordinate to permitted uses.

I.

Fire stations and police stations.

J.

Any uses which the city council find to be similar to and within the intent and purpose of the PF district, that are no more obnoxious or detrimental to the public welfare and are found by the city council to be compatible with adjoining land uses and which are of a comparable nature and of the same class as the uses enumerated above.

(Ord. No. 496, § 11, 7-23-2024)

17.38.030 - Design and development review.

The city manager or designated staff shall advise the city council of the proposed public facility, its design, and development.

(Ord. No. 496, § 11, 7-23-2024)

17.38.040 - Development standards.

A.

Site area: The minimum site area — No requirement.

B.

Lot frontage and depth: No requirement.

C.

Building height: The maximum height shall be thirty-five (35) feet.

D.

Yards:

1.

Front: Twenty-five (25) feet, where structures are proposed within residential districts.

2.

Side: No requirement, except where the PF district abuts residential district, in which case the side yard requirement shall be ten (10) feet.

3.

Rear: No requirement. except where the PF district abuts residential district, in which case the rear yard requirement shall be ten (10) feet.

(Ord. No. 496, § 11, 7-23-2024)

17.38.050 - Off-street parking.

Off-street parking shall comply with the standards contained in chapter 17.48, Automobile Parking Requirements.

(Ord. No. 496, § 11, 7-23-2024)

17.38.060 - Signs.

Signage shall comply with the standards contained in chapter 17.62, Sign Regulations (private property).

(Ord. No. 496, § 11, 7-23-2024)

17.38.070 - Findings.

Findings required to approve developments within the public facility district shall be as follows:

A.

That the development is consistent with the city general plan and this title.

B.

That the development, accessory buildings, and facilities, located in established areas, have an adequate appearance, so as to be in harmony with the character and quality of surrounding development within the zone.

C.

That the development as proposed will not be detrimental to surrounding developments, or improvements, nor be inferior in construction, appearance or quality.

D.

That the development as proposed will provide quality development, including ample landscaping and screening, adequate parking and circulation, and other amenities necessary to preserve compatibility with surrounding development and prevent nuisances.

(Ord. No. 496, § 11, 7-23-2024)

Chapter 17.42 - SZ SCHOOL ZONE[[13]]

Sections:

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 496, § 14, adopted July 23, 2024, repealed the former Ch. 17.42, §§ 17.42.010— 17.42.030, and enacted a new Ch. 17.42 as set out herein. The former Ch. 17.42 pertained to B buffer zone and derived from Ord. 51 §§ 2501—2503, 1965.

The SZ school district is designed and intended to provide for those uses and activities which serve the public and private schools, their accessory activities, structures, and uses. It is the purpose of the "SZ" school zone to provide regulations for the use and development of federal, state, county, or locally owned land in order to implelnent the city's adopted general plan.

(Ord. No. 496, § 15, 7-23-2024)

17.42.020 - Permitted uses.

A.

Schools, public and private.

B.

Student housing.

C.

Transportation facilities.

D.

Administrative offices associated with operations and activities.

E.

Stadiums and associated athletic facilities.

F.

Uses, buildings and structures incidental, accessory and subordinate to permitted uses.

G.

Any uses which the city council finds to be similar to and within the intent and purpose of the SF zone, are no longer obnoxious or detrimental to the public welfare and are found by the city council to be compatible with adjoining land uses, and which are of a compatible nature and of the same class as the uses enumerated above.

(Ord. No. 496, § 15, 7-23-2024)

Premises in the SZ (school zone) may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use.

(Ord. No. 496, § 15, 7-23-2024)

Public facilities owned and developed by federal, state, county, or city schools are permitted under federal or state criteria and processes. Private facilities in the SF zone shall be permitted when approved as per chapter 17.05, Uses Permitted Subject to Administrative Approval.

(Ord. No. 496, § 15, 7-23-2024)

17.42.050 - Development standards.

A.

Site area: The minimum site area — No requirement.

B.

Lot frontage and depth: No requirement

C.

Building height: The maximum height shall be thirty-five (35) Feet.

D.

Yards:

Front: Twenty-five (25) feet, where structures are proposed adjacent to residential districts.

2.

Side: No requirements, except where the site is adjacent to residential districts, in which case the side yard requirement shall be ten (10) feet.

3.

Rear: No requirements, except where the site is adjacent to residential districts, in which case the side yard requirement shall be ten (10) feet.

(Ord. No. 496, § 15, 7-23-2024)

Off-street parking shall comply with the standards contained in chapter 17.48, Automobile Parking Requirements.

(Ord. No. 496, § 15, 7-23-2024)

Signage shall comply with the standards contained in chapter 17.62, Sign Regulations (private property).

(Ord. No. 496, § 15, 7-23-2024)

17.42.080 - Findings.

Findings required to approve developments within the school zone shall be as follows:

A.

That the development is consistent with the city general plan and this title.

B.

That the development accessory buildings, and facilities, located in established areas, have an adequate appearance so as to be in harmony with the character and quality of surrounding development within the zone.

C.

That the development as proposed will not be detrimental to surrounding developments or improvements nor be inferior construction or appearance or quality.

D.

That the development as proposed will provide quality development, including ample landscaping and screening, adequate parking and circulation, and other amenities necessary to preserve compatibility with surrounding development and prevent nuisances.

(Ord. No. 496, § 15, 7-23-2024)

Chapter 17.43 - MUO PEDESTRIAN-ORIENTED MIXED-USE OVERLAY ZONE

Sections:

A.

The regulations set forth in this chapter shall apply in the MUO pedestrian-oriented mixed-use overlay zone unless otherwise provided in title. The MUO zone shall be applied as an overlay zone. Land classified in the MUO zone shall also be classified in one (1) or more underlying zones. Property so classified shall be identified on the zoning map by a combination of a symbol for the underlying zone followed by a symbol for the MUO zone. The regulations set forth in this chapter shall be in addition to those regulations set forth in the underlying zone. In the event of a conflict between the provisions of the MUO zone and the provisions of the underlying zone, the provisions of the MUO zone shall prevail. If the MUO zone is silent in relation to any development standard, the development standard identified in the underlying zone shall prevail.

B.

The city seeks to make the most of development opportunities in key target areas of the community. The MUO zone will be most beneficial in guiding development in these areas. The target areas are as follows:

1.

Jewett Square (an approximately 58-acre area bounded generally by Bear Mountain Boulevard, Campus Drive, and Varsity Road): By integrating commercial and residential uses, including live-work buildings, this area will function as an attractive, walkable neighborhood that will be conveniently located to the nearby Arvin High School and the Grimmway Charter Academy, as well as the existing commercial corridor on Bear Mountain Boulevard and public facilities (i.e., library, police and fire department and city hall). Additionally, the site includes a planned new community park.

2.

The Sycamore/Meyer site (an approximately forty fivee-acre area at the southwest corner of Sycamore Road and Meyer Street): It is envisioned that this site will be developed with additional retail and services to provide a convenient shopping option for residents of the southern portion of the city, as well as a multifamily residential area to create additional housing opportunities.

C.

Applications may be made to place the MUO zone on other properties in the city in accordance with the procedures set forth in Chapter 17.54. The planning commission and city council shall consider whether a mixed-use development is appropriate in its context with adjacent land uses and serves the needs of residents in an attractive and functional manner.

(Ord. No. 411, § 3, 12-3-2013)

A.

Property developed with a mix of residential and non-residential uses in the MUO zone shall be in accordance with the provisions of this section:

1.

Residential. Multifamily dwellings.

2.

Live-work.

a.

Professional, administrative, and business uses;

b.

Repair services (excluding auto related repair services);

c.

Retail sales and service;

d.

Studios (art, photography, copywriter, film/video).

3.

Commercial. Uses permitted or conditionally permitted in the underlying commercial zone shall be allowed. If the underlying zoning is residential, commercial uses that are permitted and conditionally permitted in the N-C zone shall be allowed.

4.

Public facilities.

a.

Fire and police stations;

b.

Libraries;

c.

Post offices;

d.

Pre-K, kindergarten, primary, secondary and post-secondary educational facilities;

e.

City administrative facilities.

5.

Public assembly uses.

a.

Museums;

b.

Theaters (cinema and otherwise);

c.

Lodges and meeting halls.

6.

Accessory uses.

a.

Parking lots or structures;

b.

Public or private recreational facilities;

c.

Mechanical and utility equipment.

7.

Open space uses.

a.

Central squares;

b.

Pocket parks;

c.

Neighborhood parks;

d.

Playgrounds;

e.

Recreation centers.

B.

Uses that are subject to conditional use permits shall be in accordance with the provisions of the Chapter 17.56 Conditional use permits.

(Ord. No. 411, § 3, 12-3-2013)

17.43.030 - Prohibited uses.

All uses not expressly permitted or conditionally permitted in the underlying zone or in section 17.43.020 are prohibited.

(Ord. No. 411, § 3, 12-3-2013)

The following standards of density and dimensions shall apply in the MUO zone in order to create more compact development:

A.

Residential Portion of Mixed-Use.

1.

Lot requirements for multi-family dwellings:

a.

Lot size: six thousand (6,000) square feet, minimum.

b.

Building setback, front - Minimum ten (10) feet and maximum twenty (20) feet.

c.

Building setback, rear - Minimum fifteen (15) feet.

d.

Building setback, side - Minimum five (5) feet, except on the street side of corner lots, the minimum setback shall be ten (10) feet.

2.

Live-work and non-residential portion of mixed-use. Building setback, front - Vertical mixed-use (residential over non-residential) or non-residential structures in the designated target area have no minimum front setbacks.

3.

Density. The maximum residential density shall be the same as that of the underlying residential zone. If the underlying zone is commercial, the residential density shall be not less than sixteen (16) units per acre and not more than twenty-four (24) units per acre.

B.

Height. The maximum building height shall be four stories, not to exceed forty-five (45) feet. Buildings greater than two (2) stories shall have upper story stepbacks. The third and fourth stories facades shall be

located not less than five (5) feet from the ground floor facade and not less than ten (10) feet from any property line. However, if residential or non-residential uses abut R-1 or R-2 zones, the maximum building height shall be two and one-half (2½) stories, not to exceed thirty-five (35) feet.

C.

Open Space.

1.

Residential uses - A minimum of one hundred and fifty (150) square feet of outdoor usable common and private open space shall be provided per dwelling unit.

2.

The usable common open space requirements of residential units can be combined into one (1) or more large spaces to satisfy the usable common open space requirements, so long as the space is located along or directly accessed and visible from perimeter or interior streets. At least ten percent (10%) of the gross acreage in the overall MUO zone in the target area must be usable common open space.

D.

Off-Street Parking Requirements.

1

The provision of Chapter 17.48 Automobile parking requirements, shall apply, with the following exceptions:

a.

Tandem parking - Up to fifty percent (50%) of the parking requirement for live/work units may be satisfied by tandem parking.

b.

Studio and efficiency units - One (1) space shall be required for each unit.

c.

Shared parking is allowed subsequent to a shared parking analysis, prepared by a California-licensed, independent traffic engineer, at the developer's expense, and approved by the planning director.

d.

Due to variation in parking demand and needs of mixed-use projects, vehicle parking requirements and the design of the parking area, including ingress and egress, may be reduced or modified as part of the site plan review process, by the planning commission, based upon information contained in a parking demand study prepared by a California-licensed, independent traffic engineer, at the developer's expense.

e.

Parking for any residences shall be secured and separated from public parking.

2.

In the mixed-use area, above and below-grade parking is allowed. Any above grade parking lot shall be located at the rear or side of a building. If located at the side, landscaped screening shall be provided.

3.

A parking lot or garage may not be adjacent to or opposite a street intersection.

4.

Parking lots or garages must provide not less than one (1) bicycle parking space for every ten (10) motor vehicle parking spaces. Bicycle locking equipment shall be provided for each space. The area designated for bicycle parking shall be plainly visible, well-lit, and conveniently located in relation to building entrances.

5.

Adjacent on-street parking may apply toward the minimum parking requirements.

6.

Commercial buildings which require service access shall provide a direct route to service and loading dock areas with minimal movement through parking areas.

E.

Landscaping and Screening Standards.

1.

Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas are preferred to smaller, disconnected areas.

2.

General screening. Where screening is required by this ordinance, it shall be at least three (3) feet in height with an option of: a) decorative fence behind landscaped area; b) masonry wall behind landscaped area; or, c) planted hedges.

3.

Street trees. A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage, or fraction thereof, shall be required. Trees may be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

Parking area landscaping and screening. All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide:

a.

A landscaped area at least five (5) feet wide along the public street or sidewalk.

b.

Screening at least three (3) feet in height and not less than fifty percent (50%) opaque.

F.

Stormwater Management. The design and development of each site and neighborhood should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable.

G.

Circulation. The circulation system shall provide for various modes of transportation. The circulation system shall provide functional links within the MUO zone and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (which routes may include off street bicycle or multi-use paths and bicycle lanes on the streets), limit access onto streets of lower traffic volume classification, and promote safe and efficient mobility through the MUO target areas.

1.

Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the MUO zone. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides. The following provisions also apply:

a.

Residential sidewalks. The minimum width of a sidewalk adjoining residential-only structures shall be ten (10) feet as measured from the curb face, and may consist of both existing right-of-way and a recorded pedestrian access and utility easement.

b.

Commercial sidewalks. The minimum width of a sidewalk adjoining commercial building entrances shall be twelve (12) feet as measured from the curb face, and may be in the form of both existing right-of-way and a recorded pedestrian access and utility easement.

c.

Division of sidewalk into clear zones and parkway. The minimum width of a sidewalk shall include a minimum five-foot wide detached sidewalk (residential clear zone) where no commercial building entrances

are present and a minimum seven-foot wide detached sidewalk (commercial clear zone) where commercial building entrances are present, as well as a minimum five-foot wide landscaped parkway adjacent to all streets. The clear zone shall be located between the building and the parkway.

d.

Parkway. The parkway shall be located between the clear zone and the curb face. The parkway be level with the sidewalk and include street trees, landscaping, public signs, public art, street lighting, street furniture, and other pedestrian-oriented amenities, as appropriate.

e.

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

f.

Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.

g.

Ground floor access.

i.

Commercial uses that have street frontage shall be accessible to the public through the street front entrance during all hours the business is open.

ii.

Residents of a development shall have a separate and secure street access to the residential units.

iii.

Pedestrian walkways or sidewalks shall connect all primary building entrances to one (1) another. Pedestrian walkways shall also connect all on-site common areas, parking areas, storage areas, open space, and recreational facilities.

2.

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non motorized users) and separate, striped bicycle lanes on streets in accordance with established transportation engineering standards and practices.

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

4.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to promote slow traffic speeds.

(Ord. No. 411, § 3, 12-3-2013)

The following guidelines are based on the "Improving Safety and Mobility in South Kern County" study conducted by the Local Government Commission. These design guidelines are focused on the target areas described in section 17.43.010(B).

A.

Jewett Square. Jewett Square is situated in a prime location to be established as a commerce and activity center of the community. Jewett Square is situated near Bear Mountain Boulevard, Arvin's main commercial corridor and with important connections to local schools and a future park, and on the eastern portion near the civic center and possible institutional areas. Establishing a new public park, and developing residential and mixed-use development would allow for connections to these very important areas in Arvin. To the north, a flexible framework can accommodate residential and institutional uses (i.e. community college) that might grow incrementally over time. In addition to these design guidelines, Jewett Square can also include the following guidelines to produce a more environmental, pedestrian and bicycle friendly development:

1.

Buildings with primary entrances oriented to streets rather than parking lots.

2.

Parking to the rear of buildings.

3.

Supportive, fine-grained residential fabric that can increase night-time residential population and improve viability for retail and services.

4.

Continuous "street edges" that maintain consistent building setbacks from the street and create the impression of an outdoor room.

B.

Sycamore and Meyer. The vacant site at Sycamore Road and Meyer Street is an ideal opportunity for a small mixed-use residential/commercial node to serve the southern neighborhoods of Arvin, giving residents easier access to healthy foods through a new market, for example. It is envisioned that parks, squares and other green spaces will be integrated regularly within the new residential neighborhood. South Arvin is a predominantly residential area that is lacking in services and open space. The development of the Sycamore/Meyer neighborhood can integrate both in order to address these issues. The framework plans for this target site will include the following design principles:

1.

Layout of an interconnected network of streets and blocks that connects to the surrounding residential neighborhoods.

2.

Buildings with primary entrances oriented to streets rather than parking lots.

3.

Houses with alley access and garages oriented to the rear of properties to encourage pedestrian activity along streets.

4.

Interspersed, well-defined civic spaces with active uses fronting them to provide "eyes on the street" as well as opportunities for appropriately-scaled stormwater management features.

5.

A core of small-scaled commercial uses at the intersection of Sycamore Road and Meyer Street that could incorporate a small grocery store as well as health services.

6.

Continuous "street edges" that maintain consistent building setbacks from the street and create the impression of an outdoor room.

(Ord. No. 411, § 3, 12-3-2013)

Chapter 17.44 - RESERVED

Editor's note— Ord. No. 417, § 1, adopted Sept. 16, 2014, repealed Ch. 17.44, §§ 17.44.010—17.44.030, which pertained to P-D Precise Development Zone and derived from Ord. No. 51, § 2603, 1965.

Chapter 17.45 - PLANNED UNIT DEVELOPMENT DISTRICT

Sections:

A.

The purposes of the PUD district include the following:

1.

To encourage the planned development of parcels sufficiently large as to permit comprehensive site planning and building design;

2.

To provide a more flexible regulatory procedure by which the basic public purposes of the Arvin general plan and zoning ordinance may be accomplished;

3.

To encourage creative approaches to the use of land through variation in siting of buildings and the appropriate mixing of several land uses, activities and dwelling types;

4.

To enhance the appearance and livability of the community through encouragement of creative approaches to the use of the land and the design of facilities;

5.

To promote and create public and private open space as an integral part of land development design to reduce, when appropriate, the amounts of public and private improvements normally required by developments;

6.

To maximize choice in the types of environments available in the city;

7.

To encourage private development of older areas of the city and for enhancement and preservation of property with unique features, such as property having historical significance, unusual topography and/or landscaped features.

B.

These purposes are to be ensured through the preparation and submission of comprehensive development plans showing proper site layout, design character and integration with the surrounding, and through the planning commission's careful review of said plans.

(Ord. 173 §2(part), 1982).

A.

For the purposes of this chapter, a planned unit development district zone may be established and development commenced only upon demonstration that the above purposes will be achieved and that the applicant and his successors are willing and able to implement a master development plan in accordance with conditions and time schedules agreed upon between the applicant and the city, as provided herein.

B.

Designated area(s) as established by the zoning map may consist of a group of parcels of one (1) acre or more may be considered for a planned district, provided that the property(ies) are owned or its development controlled by a single individual or legally constituted corporation or partnership; or, in the case of property held in various ownerships, provided all parties owning and controlling property in the area to be developed become parties to a legal agreement binding them to abide by the master development plan, as approved, with said agreement to run with the land as a condition of future use, sale or lease. The development shall be initiated and completed by the applicant or joint applicants, as the case may be. Unless otherwise provided in the approval of the planning commission, the developer may not divide and transfer units of the development. All of the provisions of this district are supplementary to the Arvin submaps contemplated for the same property or for portions thereof and shall be processed concurrently with the development plans specified under this chapter.

(Ord. 173 §2(part), 1982).

(Ord. No. 496, § 16, 7-23-2024)

The following provisions shall apply in a planned unit development district, together with all other applicable provisions of the Arvin zoning and subdivisions ordinances. Where conflict in regulations occur, the regulations specified in this district or on a development plan pursuant to the requirements of this district shall apply:

A.

Planned unit development district may be established on parcels of land which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes of this chapter. No planned unit development district shall be less than one (1) acre of contiguous land.

B.

The purpose of this district may be accomplished only on a satisfactory demonstration by the applicant that the proposed development is in conformity with the Arvin general plan and any element thereof, and in accordance with specific plans or policies adopted by the city council. Correspondingly, the planning commission and city council shall find that the proposed planned unit development district conforms to such plans and policies. Policies relative to the uses permitted in any planned district shall be determined in compliance with the general location, amounts and densities of such uses as set forth in the Arvin general plan, or in specified plans adopted by the city. Planned unit development districts may, under these circumstances, combine a variety of land uses. Mixed-use may include any skillful combination of the range of permitted uses, and may occur among or within buildings as long as the uses are compatible with each other and with existing and potential uses surrounding the district.

C.

Before detailed studies of any development plan shall be undertaken by the planning commission, there shall be on file with the city the written consent of not less than sixty percent (60%) of the property owners in the proposed district that such detailed studies be made.

D.

Standards for area, coverage, light, and air orientation, building height, sign placement and design, yard requirements, open spaces, off-street parking and screening for planned unit development district uses shall be governed by standards which the planning commission shall from time to time adopt. The planning commission shall, upon adopting such standards, be guided by those standards and requirements of the zoning district most similar in nature and function to the proposed planned district use's and shall also be guided by the provisions of sections 17.45.130 and 17.45.180.

E.

Since the provision of public and private open spaces, as an integral part of land development planning and design, is a required prerequisite of PUD zoning, the planning commission shall recommend to the city council and the city council shall adopt principles and standards for the provision, improvement and maintenance of required open space, and may require higher standards of open space for residential portions of a PUD district than are required elsewhere in this chapter for residential uses.

F.

All electrical and telephone facilities, conduits, street light wiring and other wiring, conduits or facilities shall be placed underground by the developer. Electrical and telephone facilities shall be installed in accordance with the standards and specifications of the serving utilities and the city.

G.

Standards for public improvements shall be governed by applicable ordinances and laws of the city. Exceptions to standards of this section or to standards adopted by the planning commission or city council shall be granted by the planning commission and city council only in cases where these bodies find that such exceptions encourage a more desirable environment, are warranted in order to foster the establishment of a comprehensively planned and designed development or unit thereof, and are consistent with the purposes of section 17.45.010.

(Ord. 173 §2(part), 1982).

(Ord. No. 496, § 16, 7-23-2024)

Prior to or during the process of reviewing and acting upon the preliminary development plan, the planning commission shall determine the allowable residential densities for the proposed development and shall be guided by the following:

A.

All planned unit development districts in which residential uses are proposed shall be governed by the residential densities set forth in the Arvin general plan, or in any adopted specific plans, or in official city plans and policies in process of preparation and adoption.

B.

Residential planned development districts may, and are encouraged to, depart from standard subdivision and housing design by providing a variety of lot sizes and housing types, provided that the overall residential density yield conforms with the city policy as determined in subsection A above, and provided residential amenities are provided in amounts and locations conducive to the establishment of a quality residential environment and/or residential environments of special social importance to the city.

C.

Notwithstanding subsection A above, whenever the proposed development contains two or more different dwelling types, including single-family detached dwellings, single-family, semidetached or attached dwellings, and not more than two-thirds (⅔) of the total number of dwelling units are included in any one of such dwelling types, the maximum total number of dwelling units permitted within the development may, at the discretion of the planning commission, be increased to one hundred percent (100%) of the number of

dwelling units otherwise permitted under the provisions of subsection A above, provided it is clearly demonstrated that the increased amenities provided within the proposed development are proportioned to the increased density.

(Ord. 173 §2(part), 1982).

17.45.050 - Application procedure.

A.

Application for PUD zoning shall be made on a form provided by, and shall be submitted in two (2) copies to the Arvin planning commission. Submission of plans shall be in two (2) stages; the first stage shall be submission of a preliminary development plan, and the second shall be the submission of a master development plan.

B.

The purpose of the preliminary development plan is:

1.

To submit a generalized plan to the planning commission for an approval, in principle, of the proposed development and concept and layout;

2.

To inform the commission of the general nature, dimensions and impact of the proposed development;

3.

To allow the commission to indicate such modifications as may be necessary for final approval and to so inform applicant before he shall have any extensive expenditures on more detailed studies and plans.

(Ord. 173 §2 (part), 1982).

A.

Approval in principle of the preliminary development plan shall be limited to the general concept, and to the general acceptability and intensity of land uses proposed and their interrelationships, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility.

B.

Ten (10) copies of a preliminary development plan and typewritten report shall be submitted to the city planner, and shall include the following information:

1.

A preliminary development plan of the entire proposed development, showing land uses, densities, traffic circulation, streets, private roadways, pedestrian circulation, estimated population, reservations and dedications for public uses (including schools, parks, playgrounds and open spaces), and major landscaping features. All elements listed in this paragraph shall be characterized as existing or proposed, including topography, and shall be shown only in such detail as is necessary to indicate clearly the intent of the development;

2.

A tabulation of the land area to be devoted to various uses, including open spaces, and a calculation of the overall density and the average densities per net residential acre of the various residential areas proposed;

3.

A stage development schedule showing the various units of development through completion, and indicating that the developer intends to commence construction of the first development unit within one year from the date of approval of the master development plan;

4.

A statement describing the existing topography, soil conditions and drainage within the proposed development;

5.

A statement proposing the methods of maintaining and perpetuating common open areas and facilities;

6.

A description of the proposed grading program;

7.

Identification of proposed future ownership and maintenance of streets, driveways, sidewalks, pedestrian ways and open spaces;

8.

If required by the planning commission, a market analysis for commercial uses, demonstrating the need for such commercial uses within the district in the types, amounts and locations proposed.

(Ord. 173 §2(part), 1982).

Upon application for approval of a preliminary development plan, within sixty (60) days after filing of the application, the commission shall review the application and the accompanying preliminary development plan. If the commission finds that the proposal does not meet all applicable criteria and standards, it shall deny the application, giving its reasons therefor. The commission may, at its discretion, refer the plan to the city council for its review and comments, and the city council may so instruct the commission to do so if it wishes to make its views known during the preliminary planning process. Approval or denial shall become effective ten (10) days after a decision is rendered unless an appeal in writing is made to the city council by the applicant in accordance with Chapter 17.54 of the Arvin Municipal Code.

(Ord. 173 §2(part), 1982).

17.45.080 - Submission of final master development plan.

A.

Within six (6) months of the approval of the preliminary development plan by the planning commission, or any extension by the commission, the applicant shall submit ten (10) copies of the master development plan, including maps and a written report, conforming in all major respects with the approved preliminary development plan.

B.

The final plan shall include all elements included in the preliminary development plan, including the following:

1.

Survey of the property showing existing features, including trees, structures, streets, easements, utility lines, land uses, existing zoning, and existing ownerships. The information shall also be provided for the surrounding area within three hundred (300) feet of the proposed development, at the discretion of the planning commission;

2.

Master plans for street improvements, water, sewage, flood control, drainage facilities and public utilities;

Topographical map showing areas of grading;

4.

Tabulation of number of dwelling units by type for each increment of the total master development plan and the estimated population per increment;

5.

Tabulation of land use;

6.

Proposed standards for height, open space, building intensity, and public improvements;

7.

Engineering and economic feasibility studies, as required by the planning commission;

8.

Copies of legal documents required by the planning commission for dedication or reservation for group or private open space, or for the creation of nonprofit homeowners' associations, or assessment districts for open space maintenance.

(Ord. 173 §2(part), 1982).

A.

Upon receipt of the master development plan by the city planner, he shall forward such development plan to the affected city departments and public agencies for review and approval of public improvements, including streets, sewers, drainage, fire protection and public utilities.

B.

The city planner shall call within fifteen (15) days of receipt of the master development plan a city staff meeting to review the proposals contained therein. The planning commission shall not act finally on any application until it has first received a report from the city planner which shall be submitted to the planning commission within thirty (30) days of the staff meeting.

(Ord. 173 §2 (part), 1982).

17.45.100 - Final planning commission action.

A.

Upon receipt of the master development plan, the planning commission shall, after notice, hold a public hearing in the manner provided in the Arvin Municipal Code.

B.

After such hearing and after examining the plan for conformity to the preliminary development plan and all applicable criteria and standards, the commission may recommend approval subject to specified modifications and conditions. The planning commission may act upon a specified development plan for the first increment concurrently with action on the master plan, subject to the provisions of this chapter for approval of a specific development plan.

(Ord. 173 §2(part), 1982).

Before recommending approval, the planning commission shall find that the proposed development conforms to the following criteria and specific city plan requirements as may be applicable within the areas in which the proposed development is located:

A.

The location and design of the proposed development shall be consistent with the goals and policies of the Arvin general plan, and with any other applicable official plan or policies adopted by the city council, or in the process of being prepared and adopted.

B.

The proposed location shall allow the development to be well-integrated with its surroundings.

C.

All vehicular traffic generated by the development is to be accommodated safely and without causing any undue congestion on adjoining streets.

D.

1.

The proposed location and design shall allow residents and business establishments to be adequately serviced by existing or proposed public facilities and services;

2.

In appropriate circumstances and as provided elsewhere by the zoning ordinances, the planning commission may require that suitable areas for schools, parks, playgrounds, pedestrian ways, or public open spaces shall be dedicated for public use, or reserved by deed covenant for the common use of all residents, establishments or operations in the development.

E.

The overall design of the proposed planned unit development shall produce an attractive, healthful, efficient and stable environment for living, shopping or working.

F.

The development shall be integrated with its setting, shall not require earth moving or grading that would destroy desirable natural features, nor be visually obstructive, disharmonious with surrounding areas and facilities.

G.

The uses proposed shall have a beneficial effect not obtainable under other existing zoning regulations. Any departure from other chapter requirements shall be warranted by the design and amenities incorporated in the master development plan, in accord with the adopted policies of the planning commission and the city council.

H.

Demonstration shall be made that each individual unit of development, and the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability.

(Ord. 173 §2 (part), 1982).

The Arvin city council, after giving public notice, shall hold a public hearing to approve or deny the master development plan, provided that in overruling a planning commission recommendation for denial, the city council shall make the findings listed in Section 17.45.110 above. Approval of the master development plan shall be by ordinance.

(Ord. 173 §2(part), 1982).

Minor changes of a technical nature to an approved master development plan may be approved by the city planner, provided changes are consistent with the purposes and character of the master development plan. Such changes shall not change the densities heretofore established, nor the boundaries of the subject property, nor any use as shown on the approved master development plan, nor the location or amounts of land devoted to specific land uses. All modifications or amendments to an approved plan other than the minor changes shall be processed as an original application and shall be subject to applicable, substantive and procedural requirements of the planned unit development district procedure, provided that the filing fee therefor shall be as set by resolution of the city council.

(Ord. 173 §2(part), 1982).

(Ord. No. 449, § 4, 6-19-2018)

Whenever a planned unit development district has been established, its boundary shall be indicated on the official zoning map of the city.

(Ord. 173 §2(part), 1982).

A.

Within twelve (12) months following approval of the final master development plan, or concurrently with submission of the master development plan, the applicant shall submit to the planning commission an application for approval of a specific development plan for the first increment of development. Specific development plan approval, valid for one year, shall be secured for each unit or increment of a planned unit development district development as delineated on the master development plan. No development, improvement or building construction within any unit of the planned district area covered by a master development plan, approved by a master plan approved by the city council shall be commenced until the planning commission shall have approved the specific development plan for the unit.

B.

Specific development plans, in a form and of such detail as is satisfactory to the city planner, shall set forth detailed specific features of each increment of development. They shall conform to the master development plan, and consist of:

1.

A topographic map showing all cuts and fills, precise drainage, flood-control proposals, and boundary data;

2.

Detailed site plan, showing buildings, area utilization, traffic and pedestrian circulation, location, width, grades and types of improvements proposed for all streets, parking areas, driveways, walkways, trails, utilities and other public improvements, building height, dimensions of space between buildings, and distance from property lines and rights-of-way;

3.

Building plans and elevations;

4.

A precise landscaping, planting and irrigation plan;

5.

A tentative subdivision map, showing precise division of the land for sale or lease or individual property as provided in the State Map Act and the Arvin subdivision ordinance;

6.

Location and dimensions of public or semipublic areas, including but not limited to schools, parks, playgrounds and parking areas;

7.

A statement setting forth a program for installation and continued maintenance of parking areas, lighting, courts, public and private grounds, landscaping, streets, utilities, parks, playgrounds, and public or semipublic community buildings and facilities.

C.

Within sixty (60) days following receipt of the application for specific development plan approval, the planning commission shall approve, conditionally approve or disapprove the proposed specific development plan, and shall notify the applicant of its action. Appeal may be made to the city council by the applicant in accordance with appeal procedures of this chapter.

(Ord. 173 §2(part), 1982).

A.

The planning commission may, as a condition of approval, require that suitable areas for schools, parks and playgrounds be set aside, improved and dedicated for public use, or be reserved for the owners, residents and establishments in the development by deed restrictions. Whenever group or common open space is provided, whether required or not, the planning commission shall, as a condition of approval, require that some provision be made for perpetual maintenance of such open space. The form of any instrument used to assure open space maintenance shall be approved by the city attorney as to its form and content. Agreements and covenants running with the land shall include provisions for charges to be levied for carrying out of the specified functions and administrative expenses of said perpetual maintenance. The city shall be a party in interest in any such development, and may by mandatory injunction enforce the provisions of this chapter.

B.

To assure that open space shall be available for the entire developed planned unit development district, public sites and development rights to required open spaces shall be dedicated in advance of development whenever such dedication is required. In any event, whether a subdivision map is required or not, any required dedication of public sites and development rights to required open spaces for the entire district shall be made as a condition of approval of the specific development plan.

C.

Other dedication for streets, utilities, flood-control rights-of-way, and for easements and other public purposes may be required as a condition of approval of the precise development plan.

(Ord. 173 §2(part), 1982).

17.45.170 - Performance as condition precedent to approval of any specific development plan.

The city council shall require the applicant to furnish a completion bond or cash equivalent in an amount deemed sufficient by the city planner to cover the costs of public improvements, incidental expenses, and to cover replacement and repair of existing streets and other improvements damaged in the development of the unit. All public improvements shall be constructed in accordance with standard specifications of the city.

(Ord. 173 §2(part), 1982).

17.45.180 - Final subdivision map.

A.

A final subdivision map or parcel map submitted in combination with, or after approval of, the specific development plan shall not be approved for recordation by the city council until after the planned unit development district zoning has become effective. Disapproval of any specific development plan, for which a tentative subdivision has been submitted shall make the map approval void. An entirely new tentative map and fees shall be filed prior to further consideration of a subdivision of the subject property.

B.

No building permit shall be issued until a final subdivision map, or parcel map if required, has been prepared for the specific development plan, or any approved stage thereof, in compliance with the State Map Act and the Arvin subdivision ordinance.

(Ord. 173 §2(part), 1982).

17.45.190 - Failure to submit specific development plan.

If the applicant fails to submit a specific development plan for the first increment within twelve (12) months after approval of the final master development plan, or fails to proceed with subsequent increments in accordance with the development schedules as submitted, the master development plan shall be considered void and a new application for a master development plan must be initiated in accordance with the procedures of this chapter. These time limits may be extended for just and exceptional cause upon mutual agreement between city and the applicant.

(Ord. 173 §2(part), 1982).

Within ten (10) days following the date of a decision by the planning commission upon an application for approval of a specific development plan, or for approval of any modification or amendment of any authorized plan, or any condition imposed therein, an appeal may be taken to the city council by the applicant or the owners.

(Ord. 173 §2(part), 1982).

17.45.210 - Application fees.

A.

Upon the filing of a preliminary development plan, the applicant shall pay the city an application fee as set by resolution of the city council.

B.

Upon the filing of a master development plan, the applicant shall pay the city an application fee as set by resolution of the city council.

C.

Upon filing of each precise development plan, the applicant shall pay the city an application fee as set by resolution of the city council plus three and one-half percent (3 ½%) of the engineer's estimate of cost of the proposed improvements, as approved by the city engineer.

(Ord. 173 §2(part), 1982).

(Ord. No. 449, § 5, 6-19-2018)

Chapter 17.46 - OIL AND GAS CODE[[14]]

Sections:

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 451, § 3(Exh. B, §§ 1, 2), adopted July 17, 2018, repealed the former Ch. 17.46, §§ 17.46.010—17.46.060, and enacted a new Ch. 17.46 as set out herein. The former Ch. 17.46 pertained to similar subject matter and derived from Ord. 51 §2801—2806, 1965; Ord. 73 §1, 1977; Ord. 178, 1982; Ord. 180, 1982.

Part 1. - Administrative procedures

17.46.01 - Purpose.

A.

This chapter shall be known as the oil and gas ordinance of the City of Arvin.

B.

It is the purpose of this chapter, amongst other things, to protect the health, safety, public welfare, physical environment and natural resources of the city by the reasonable regulation of oil and gas facilities, equipment, and operations, including but not limited to: Exploration; production; storage; processing; transportation; disposal; plugging abandonment and re-abandonment of wells; of operations and equipment accessory and incidental thereto and development and redevelopment of oil and gas sites. It is further the intent of the city that oil and gas operations shall be permitted within this city (except where

expressly prohibited herein), subject to the application of this chapter and all other applicable laws, regulations and requirements.

C.

It is not the intent of this chapter to regulate public utility operations for the storage or distribution of natural gas under the jurisdiction of the California Public Utilities Commission (CPUC). Any well or site related operations, however, shall be subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

The regulations in this chapter shall apply, insofar as specifically provided herein, to oil and gas production and related sites and facilities, equipment, structures, or appurtenances including, but not limited to:

1.

Drilling, and abandonment operations of any new or existing well or re-entry of a previously abandoned well for the production of oil and gas.

2.

Sites, infrastructure, structures, equipment, and/or facilities necessary and incidental to processing of oil, produced water, gas, and condensate obtained from an oil and gas field, zone, subsurface lease or area.

3.

Injection wells and incidental equipment necessary for enhanced oil recovery or disposal of produced water.

4.

Equipment and facilities necessary for enhanced oil recovery including water flooding, steam flooding, air injection, carbon dioxide injection, or introduction of polymers, or other techniques.

5.

Pipelines located within an oil and gas lease area that are necessary for oil and gas production operations.

6.

Pipelines that transport oil or gas to another location for sale or transfer to a third party.

7.

Storage tanks and equipment necessary or incidental to gathering, separation or treatment of oil, water, and gas, and/or temporary storage of separated fluids and gases, and transfer of the produced hydrocarbons to pipelines or tanker trucks.

8.

Oil spill containment and recovery equipment, and facilities including offices, storage spaces, and vehicles for the storage of floating oil and water separators, pumps, generators, hosing, assorted absorbent materials, steam cleaners, storage tanks, and other land and wildlife cleanup and recovery equipment.

B.

All portions of this chapter are applicable to new or existing oil and gas sites and operators if they have or are required to obtain a CUP. For oil and gas sites lawfully existing at the time of adoption of this chapter, or at the time this chapter becomes applicable, which do not have or are not required to obtain a new CUP, only the following sections are applicable:

Violations of these sections shall also be subject to enforcement mechanisms contained in this chapter and Code.

To the extent the ordinance applies to existing oil and gas sites, it is not intended to apply in such manner as to interfere with any vested rights that have accrued to property owners.

C.

The provisions of this chapter which impose any limitation, prohibition, or requirement, or confer a right on the basis of the distance between a well or any other use or improvement and another zone classification, use or improvement, shall be applied solely with reference to zone classification uses and improvements within the city.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Table 1-1 below specifies what city zoning designations allow for oil and gas sites and, if allowable, what type of authorization is required for the use.

TABLE 1-1

• In addition to the zones listed in the table below, oil and gas sites shall be permitted in any specific plan area where such uses are specifically allowed in accordance with the requirements of this chapter, and permitted on federal, state, county or municipal land, subject to the entitlement process (CUP, DA, or otherwise) of the governmental entity having jurisdiction over such entitlement.

**CUP indicates a requirement for a conditional use permit, while DA indicates a development agreement. Where not prohibited, all oil and gas facilities or sites within the city's jurisdiction are required to have either a CUP or a DA.

1 Development agreement provisions apply as specified in Section 17.46.09.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.04 - Definitions.

Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of this chapter.

"Abandoned well" means a non-producing well DOGGR so designates after it has been demonstrated that all steps have been taken to protect underground or surface water suitable for irrigation or other domestic uses from the infiltration or addition of any detrimental substance, and to prevent the escape of all fluids to the surface.

"API" refers to the American Petroleum Institute.

"ASTM" ASTM shall mean the American Society of Testing and Materials.

"City manager" is the city's administrative official, and the city manager's designated assistants, inspectors and deputies having the responsibility for the enforcement of this chapter. The city manager is authorized to consult experts qualified in fields related to the subject matter of this chapter and codes adopted by reference herein as necessary to assist in carrying out duties. The city manager may also appoint such number of officers, inspectors, assistants and other employees and/or to appoint a petroleum administrator to assist in carrying out duties. If the city manager determines it is necessary based on public health, safety or welfare, he or she may require any information as deemed reasonably necessary for a CUP or an abandonment application.

"DOGGR" is the Division of Oil, Gas and Geothermal Resources which is part of the Department of Conservation of the State of California. DOGGR oversees the drilling, operation, maintenance, and plugging and abandonment of oil, natural gas, and geothermal wells.

"DOGGR statutes and regulations" are the California statutes and regulations related to or governing DOGGR, at California Public Resources Code, Division 3, and Oil and Gas and the California Code of Regulations, Title 14, Division 2.

"Drill" or "drilling" is to bore a hole in the earth, usually to find and remove subsurface formation fluids such as oil and gas. Drilling, under this chapter, includes re-drilling and re-working of wells.

"Enforcement action" is any administrative, injunctive, or legal action (either civil or criminal), to enforce, cite or prosecute a violation or efforts to abate or correct a violation (or dangerous or hazardous situation caused by a violation), including investigation, research, legal action, physical abatement, law enforcement and other necessary acts.

"EPA" refers to the U.S. Environmental Protection Agency.

"Existing" as applied to oil and gas sites, wells or other facilities and operations, refers to and includes all that were lawfully in existence at the effective date of this chapter.

"Exploratory well" is defined in the DOGGR Statutes and Regulations and means any well drilled to extend a field or explore a new, potentially productive reservoir.

"Facilities" include tanks, compressors, pumps, vessels, and other equipment or structures pertinent to oil field operations located at an oil and gas site.

"Gas" means any natural hydrocarbon gas coming from the earth.

"Gas plant" means processing equipment for produced gas to separate, recover, and make useful natural gas liquids (condensate, natural gasoline [e.g., pentenes], and liquefied petroleum gas, etc.), to separate, remove, and dispose of other non-hydrocarbon substances, such as water, sulfur, carbon dioxide, ammonia, etc., and to produce utility-grade gas suitable for delivery and sale.

"High risk operation" means an oil or gas production, processing or storage facility which: (a) has been in violation of any applicable section of this chapter for more than thirty (30) consecutive days and resulted in the issuance of a notice of determination of fines pursuant to Section 17.46.012 of this chapter during the preceding twelve (12) months; or (b) has had three (3) separate unauthorized releases of oil, produced water and/or other hazardous materials of a quantity not less than fifteen (15) barrels (six hundred thirty (630) gallons) other than within secondary containment for each incident during the preceding twelve (12) months.

"Idle well" is defined in the DOGGR statutes and regulations and is any well that for a period of twenty-four (24) consecutive months has either not produced oil or natural gas, produced water to be used in production stimulation, or been used for enhanced oil recovery, reservoir pressure management, or injection. An idle well does not include an active observation well.

"Natural gas liquids" (NGLs) include propane, butane, pentane, hexane and heptane, but not methane and ethane, since these hydrocarbons need refrigeration to be liquefied.

"NFPA" refers to the National Fire Protection Agency.

"New development" means any of the following: 1) development of new buildings, structures or wells for oil and gas operations on a site that has either not previously been used for such activities, or where the previous use was abandoned, or a CUP expired or was revoked; 2) the expansion by three (3) or more wells at an existing site used for oil and gas operations and which conforms to setback requirements; 3) the

placement or erection of tanks for holding produced substances or substances intended for subsurface injection in connection with oil and gas operations exceeding by twenty-five percent (25%) or more the capacity of existing tanks as of the effective date of this chapter. New development does not include the like-kind replacement of facilities required for legally operating oil and gas operations that are damaged, failed, are at risk of failure, or are at the end of their useful life at an existing site. New development does not include workovers or other maintenance for legally operating oil and gas operations, including replacement-in-kind, or re-drills of existing active or idle wells. Re-drills of abandoned wells are considered new wells under this chapter; re-drills of abandoned wells for re-abandonment are not considered new wells under this chapter.

"New well" is defined by the DOGGR Statutes and Regulations as the drilling of a well that requires the submission of the DOGGR form OG105 - Notice of Intention to Drill New Well - Oil and Gas, as may be updated or amended. For the purposes of this chapter, the re-drilling of an abandoned well is considered a new well.

"Oil" is a simple or complex liquid mixture of hydrocarbons that can be refined to yield gasoline, kerosene, diesel fuel, and various other products.

"Oil and gas site" or "site" is a oil drilling site and all associated operations and equipment attendant to oil and gas production or injection operations including but not limited to, pipelines, tanks, exploratory facilities (including exploratory wells), flowlines, headers, gathering lines, wellheads, heater treaters, pumps, valves, compressors, injection equipment, drilling facilities, and production facilities.

"Oil and gas operations" are all activities in connection with the exploration, drilling for and the production of oil and gas and other hydrocarbons, together with all incidental equipment and appurtenances thereto.

"Operator" means the person, who by virtue of ownership or under the authority of a lease or any other agreement, has the right to drill, operate, maintain, or control a well or production facility.

"OSHA" refers to the California Occupational Safety and Health Administration.

"Person" encompasses any individual, firm, association, corporation, joint venture or any other group or combination acting as an entity.

"Petroleum" is a substance occurring naturally in the earth in a solid, liquid, or gaseous state and composed mainly of mixtures of chemical compounds of carbon and hydrogen, with or without other nonmetallic elements such as sulfur, oxygen, and nitrogen.

"Pipelines" for the purposes of this chapter, shall mean all flow lines associated with wells located within the City of Arvin used for the transportation of petroleum or petroleum by-products or of materials used in the production of petroleum.

"Produced water" is a term used to describe the water that is produced along with crude oil and gas.

"PSM" refers to process safety management.

"Redevelopment" for the purposes of this chapter is the development of all of a portion of a current or former oil or gas site to another authorized use other than petroleum operations.

"Re-drilling" is defined in the DOGGR statutes and regulations and is the deepening of an existing well or the creation of a partial new well bore including plugging of the original bore and casings and requires the submission of DOGGR form OG107 - Notice of Intention to Rework/Redrill Well, as may be updated or amended.

"Re-entry" is the process of cleaning a plugged and abandoned well by drilling, jetting, or other method.

"Re-work" is defined in the DOGGR statutes and regulations and means any operation subsequent to initial drilling that involves re-drilling, plugging, or permanently altering in any manner the casing of a well or its function and requires the filing of a notice of intent to rework/redrill a well with DOGGR. Altering a casing includes such actions as a change in well type, new or existing perforations in casing, running or removing of cement liners, placing or drilling out any plug (cement, sand, mechanical), running a wireline tool that has the ability to drill through a cased borehole, or any other operation which permanently alters the casing of a well. For the purposes of this chapter, re-work includes a well abandonment.

such actions as a change in well type, new or existing perforations in casing, running or removing of cement liners, placing or drilling out any plug (cement, sand, mechanical), running a wireline tool that has the ability to drill through a cased borehole, or any other operation which permanently alters the casing of a well. For the purposes of this chapter, re-work includes a well abandonment.

"Refining" shall mean any industrial process facility where crude oil is processed and refined into more useful products and sold to others without further treatment or processing.

"Regional water quality control board" shall mean the Central Valley Regional Water Quality Control Board.

"Secondary containment" means an engineered impoundment, such as a catch basin, which can include natural topographic features, that is designed to capture fluid released from a production facility."

"Shut down" or "shut down order" is an order by the city manager, Kern County Fire Department Chief, California State Fire Marshall, or DOGGR official, to restrict or prohibit certain (or all) functions or operations at a facility or by an operator pursuant to authority of this chapter.

"SJVAPCD" refers to the San Joaquin Valley Air Pollution Control District.

"SPCC" refers to spill prevention, control, and countermeasures.

"Structure" means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as walks, paved areas, tennis courts, and similar open recreation areas. This definition includes buildings, but does not include wells.

"Supervisor" means the DOGGR supervisor.

"Toxic air contaminants" means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health as defined in California Health and Safety Code Section 39655, as may be amended from time to time. Title 17, Section 93000, of the California Code of Regulations, lists substances defined as toxic air contaminants.

"USEPA" refers to the United States Environmental Protection Agency.

"Regional water quality control board" shall mean the Central Valley Regional Water Quality Control Board.

"Well" is defined in the DOGGR statutes and regulations and means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure

maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations.

"Workover" is the process of major maintenance or remedial treatments on an oil or gas well without changing the physical design of the well. Workovers include all operations that do not involve the initial drilling or re-working of wells and is regulated by DOGGR but without requirements for notices of intent or permits.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.05 - Consistency with other laws, rules and regulations.

This chapter, insofar as it regulates oil and gas operations also regulated by the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR), is intended to supplement such state regulations and to be in furtherance and support thereof. Some definitions in Section 17.46.04 are based on DOGGR Statutes and Regulations and the intent of this chapter is to utilize those definitions, as they may be amended from time to time by the California Legislature or by DOGGR, as applicable. In all cases where there is conflict with state laws or regulations, such state laws or regulations shall prevail over

any contradictory provisions, or contradictory prohibitions or requirements, made pursuant to this chapter. Additionally, the approving body, whether the city manager, planning commission or city council, may grant an exception or modification to the requirements of this chapter to the minimal extent necessary to prevent a compensable taking. Such exception or modification shall be as consistent with the intent and purpose of this chapter as possible given the specific factual circumstances of the particular project.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.06 - Appeals.

Unless otherwise specified in this chapter, any discretionary decision of the city manager shall be final unless within fifteen (15) days after the decision by the city manager, or ten (10) days after the mailing of the required notice(s), whichever date is later, any aggrieved person appeals therefrom in writing to the planning commission by timely presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the planning commission shall set a date for a hearing thereon. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of all the members of the planning commission. An appeal of the planning commission to the city council shall follow the same process. Mandatory requirements of this chapter are not subject to appeal.

A.

Any court action or proceeding to attack, review, set aside, void or annul any decision or any matter mentioned in this chapter or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision,(except for any decision approving or denying an application for a permit or revoking a previously granted permit, which is governed by subsection B) shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

B.

Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void or annul any decision approving or denying an application for a permit or revoking a previously granted permit, shall not be maintained by any person unless such action is commenced within ninety (90) days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6.

C.

Nothing in this section shall expand or otherwise extend any shorter statute of limitation set by state or federal law, including any statute of limitation under the California Environmental Quality Act.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.07 - Well drilling permit.

Prior to commencing drilling or re-working of any oil and gas well, the operator must receive a well drilling or re-work permit from DOGGR. Well permits from DOGGR shall be provided to the city manager prior to commencement of drilling or re-working activities.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.08 - Required procedures for conditional use permits.

A.

New development to which this chapter applies (see Section 17.46.02) shall be required to receive a conditional use permit (CUP), from the city planning commission in order to receive authorization for, and proceed with, the construction and operation of new development. No permits shall be considered or approved without such permits being consistent with provisions of the CUP.

B.

All procedures for CUPs to which this chapter applies shall be the same as provided in the Arvin Municipal Code except appeals as noted above. Additionally all procedures for CUPs to which this chapter applies shall comply with the following additional requirements:

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

In addition to the filing requirements required by use permits of this Code, for projects within the city to which this chapter is applicable, the following materials are also required as part of a CUP application for the consideration of the planning commission, or the city council on appeal:

A.

A complete statement of the proposed project including, but not limited to, activities, facilities, and sites.

B.

A new or updated emergency response plan to deal with potential consequences and actions to be taken in the event of floods, earthquakes, hydrocarbon leaks or fires for the site. The emergency response plan shall be approved by the city's engineer and the Kern County Fire Department.

C.

A phasing plan for the staging of development that includes the estimated timetable for project construction, operation, completion, restoration, and, where applicable, the location and amount of land reserved for future expansion.

D.

A site plan showing:

1.

Surface property, easement, rights-of-way and pipeline right-of-way boundaries within the site.

2.

Proposed access road constructions or modifications and connections with city streets and roads and any existing private roads.

3.

Areas to be used for construction.

4.

Areas to be used for access and maintenance during pipeline operation within and adjacent to the site.

5.

Existing roads, and pipelines and pipeline rights-of-way, if any.

6.

Location and type of existing and proposed structures within fifty (50) feet of pipeline right-of-way.

7.

Location of existing and proposed wells and oil or gas containing equipment and their measured distance from nearby uses, including the closest residential or school property line.

8.

Proposed alteration of surface drainages within the site.

A contour map showing existing and proposed contours.

10.

A plan for parking on or off site.

11.

A map of all known, historic, or suspected active, idle and abandoned oil and gas wells or wellheads within the site and within seven hundred fifty (750) feet of the surface location of any existing or proposed new well within the site.

E.

Site operations plan containing process flow diagrams, piping and instrumentation diagrams, expected process flows (rates, pressures, composition, and shut-down/start-up procedures, quarterly/annual production, disposition, injection, and disposal).

F.

Plans with measures to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, air pollutants, and vibration) and to prevent danger to life, environmental quality, and property, consistent with the Development Standards in this chapter.

G.

Estimates of the amount of cut and fill required by the proposed project.

H.

If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, a plan for a community alert system (including new or utilizing existing systems, including but not limited to, those operated by the police, sheriff or fire department) to automatically notify area residences and businesses in the event of an emergency at an oil or gas site that would require residents to take shelter or take other protective actions.

I.

If any grading is proposed that results in the loss of vegetated, sandy, permeable ground areas, which could alter surface runoff at the site, a site-specific hydrologic analysis to evaluate anticipated changes in drainage patterns and associated increased runoff at the site.

J.

If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, a quiet mode operation plan which includes, but is not limited to, the following noise reduction measures throughout the weekends and on weekdays between the hours of 6:00 p.m. and 8:00 a.m.:

Using signalers for all backup operations instead of backup alarms and turning off backup alarms;

2.

Using radios instead of voice communication;

3.

Minimizing crane use and pipe handling operations, pipe offloading from trucks and board loading to the maximum extent feasible and nighttime loading only for safety reasons;

4.

Prohibiting material and supply deliveries to the project site, other than along designated truck routes, between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and prohibiting deliveries on weekends and holidays, with exceptions only for safety; and

5.

Limiting process alarms and communications over the broadcast system to the maximum extent feasible during all operations and use only for safety reasons.

K.

If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, a photometric analysis, which compares the baseline of the existing light measurements with the proposed light spill that will result from the oil and gas site.

L.

An Environmental Quality Assurance Program ("EQAP"). (Ref. Section 17.46.32.1).

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Processing of CUPs shall comply with California's Permit Streamlining Act requirements as consistent with this Code.

A.

The applicant may apply for:

1.

The drilling operations only;

2.

The production facilities only; or

Both the drilling and production facilities.

B.

The city manager will review the submitted application(s) for completeness in compliance with the filing requirements of Section 17.46.08.1 and any other applicable sections of the Code, and shall refer the filed CUP to appropriate city departments or local and state agencies, as appropriate, for review and comment.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

In addition to the requirements of a use permit by this Code, the planning commission shall approve a conditional use permit only if it is able to make affirmative findings of the following criteria:

1.

The proposed project shall be in conformance with requirements of other local, regional, or state entities;

2.

The project shall not be detrimental to the comfort, convenience, health, safety, and general welfare of the community, and will be compatible with the uses in the surrounding area;

3.

The project shall be in compliance with the development standards contained in Part 2 of this chapter, commencing with Section 17.46.22; and

4.

The project shall not result in an increased level of freshwater pollution or groundwater contamination in the immediate area or cause regulatory water standards at an existing water production well to be violated as defined in the California Code of Regulations, Title 22, Division 4, Chapter 15 and in the Safe Water Drinking Act, as they may be amended.

B.

As a condition of approval of a CUP, the planning commission shall consider and impose appropriate conditions as deemed reasonable and necessary to find consistency with the findings 1 through 4 above.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

The provisions of this section shall apply for all modifications or extensions requested for oil and gas operations.

B.

Any existing oil and gas operation that does not have a CUP or development agreement for the operation shall be required to comply with this chapter if any new development occurs at the existing oil and gas site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.08.5 - Change of ownership/operators criteria.

A.

Listing on permit. Any person who operates an oil or gas site that is subject to this chapter shall be listed as a permittee on the permit(s) issued for that facility.

B.

Acceptance of permit. Prior to being listed on a permit, any operator of an oil or gas site that is subject to this chapter shall provide the city with a letter from an authorized agent or officer of the operator formally accepting all conditions and requirements of the permit.

C.

Permits transferable. Any CUP issued to any oil and gas site authorized pursuant to this Code shall be transferable to a new operator provided that the new operator accepts and meets all of the conditions and requirements of the CUP and this chapter.

D.

Ongoing notification. All operators, and guarantors shall, as an ongoing requirement, notify the city manager in writing of any change in the information required by this section within thirty (30) days of such change.

E.

Change of operator. A change of operator shall require an application filed with the city within thirty (30) days prior to a change of operator. Upon approval by the city manager, such change of operator will become effective upon joint notice from the prior and new operators that the change of operator has become effective. An application is not required when the change of operator does not entail a substantive change to operations or personnel of the oil or gas site as determined by the city manager.

F.

Liability for compliance with permit conditions. Any operator listed on a permit pursuant to this chapter shall comply with all conditions of such permit. Failure to comply with such permit conditions shall subject the operator to the applicable penalty and enforcement provisions of this Code or other applicable ordinance for such permits.

G.

Liability for abandonment. The operator, as determined by the records of the city manager, of a facility or site subject to this chapter shall be responsible for the proper abandonment of the facility or site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Projects appropriate for development agreements are subject to the requirements of this section, which establishes procedures for adoption. The procedures for development agreements will comply with Government Code Division 1, Chapter 4, Article 2.5 and the following additional requirements:

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person(s) who has a legal or equitable interest in the real property of the oil or gas site. The qualified applicant shall provide proof of ownership interest, proof of interest in the real property, and proof of the authority of the agent or representative, to act for the applicant. Said proof of interest and proof of authority shall be subject to review and approval by the city attorney.

B.

The city manager shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the city manager, along with a deposit for the estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to process the development agreement, including all legal fees, within fifteen (15) days of request by the city manager. Upon either completion of the application process or withdrawal of the application, the city shall refund any remaining deposited amounts in excess of the costs of processing.

C.

The city manager shall require an applicant to submit such information and supporting data as the city manager considers necessary to process the application.

D.

A community benefit assessment to evaluate the benefits the DA will provide to the community.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.09.2 - Processing and review.

A.

The city manager shall endorse on the application the date it is received. An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the city. If within thirty (30) days of receiving the application the city manager finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required material is received by the city manager. If the city manager finds that the application is complete it shall be accepted for filing and the applicant so notified. The city manager shall review the application and determine the additional requirements necessary to complete processing of the agreement. After receiving the required information and the application is determined to be complete, the city manager shall prepare a staff report and recommendation to the

planning commission and city council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the city, this chapter and any applicable general or specific plan. The city attorney shall review the proposed development agreement as to legal form.

B.

Notice of a hearing regarding the development agreement shall be given by the city manager and shall comply with the requirements of Government Code Section 65867, as may be amended, except that the city manager, not the director, shall be responsible for providing notice.

C.

The planning commission shall review the proposed development agreement and provide a recommendation to the city council to approve, approve with modifications or deny the proposed development agreement. If the planning commission fails to take action within sixty (60) days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the city council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the planning commission prior to the running of the 60[th ] day.

D.

The proposed development agreement shall be set for hearing and consideration before the council within sixty (60) days of the recommendation of the planning commission, unless the applicant agrees in writing to an extension of time with the city manager prior to the matter being heard by the council.

E.

Within ten (10) calendar days after the city enters into the development agreement, the city clerk shall have the agreement recorded with the county recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the city terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.09.3 - Findings and development agreement conditions.

A.

After the city council completes the public hearing, the council may not approve the development agreement unless it finds that the provisions of the agreement:

1.

Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;

2.

Are compatible with the uses authorized in, and the regulations prescribed for the zoned district in which the real property is located;

3.

Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;

4.

Will not adversely affect the orderly development of property or the preservation of property values; and

5.

Provides for a penalty for any violation of the development agreement consistent with the provisions of Section 17.46.015.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

The provisions of Government Code Section 65868 shall apply for all modifications, extensions or other amendments of the terms of a development agreement subject to this chapter.

B.

Either party may propose an amendment or termination of an approved development agreement subject to the following:

1.

The procedure for amending or terminating, the development agreement is the same as the procedure for entering into an agreement in the first instance.

2.

The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in California Government Code section 65868.

C.

Nothing herein shall limit the city's ability to terminate or modify the agreement consistent with Government Code section 65865.1 or 65865.3 as may be amended.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The city may choose to conduct a comprehensive performance review of any oil or gas drilling permit, CUP or DA every ten (10) years from the date of approval to determine if the project and the associated CUP or DA are adequately mitigating significant environmental impacts caused by the drilling and operations. Nothing in this section shall limit the city's authority to conduct a review at more frequent intervals, engage in mitigation monitoring as required by CEQA, or otherwise act as directed or authorized by law.

A.

If a periodic review reveals violation of the conditions of any city-issued permit, CUP or DA related to the oil and gas site operations, and if the city takes any subsequent and successful enforcement action based up that violation or related violations, the operator shall reimburse the city with funds necessary for the city to prepare the periodic review, whether performed through a third party or not. If the periodic review identifies significant deficiencies in an oil and gas drilling permit, a CUP or DA that are resulting in unmitigated adverse impacts, but which do not constitute violations of any permit, CUP or DA, then the city manager may identify these deficiencies and bring forward recommendations of corrective actions to the planning commission for consideration, including to the planning commission for recommendation to the city council for consideration and prospective amendments of DAs, as deemed necessary.

B.

A permit, CUP, or DA may also be reviewed by the city manager at any time, if more than three (3) violations occur within a twelve (12) month period and the city manager determines that resolution of the violations may be addressed by a new permit and/or an amendment to the CUP or DA. If such a review reveals violation of the conditions of any city-issued permit, CUP or DA related to the oil and gas site operations, and if the city takes any subsequent and successful enforcement action based up that violation or related violations, the operator shall reimburse the city with funds necessary for the city to prepare the periodic review, whether performed through a third party or not. The city manager shall make a recommendation of corrective actions to the planning commission for CUPs and permits, and the planning commission and city council for DAs, as deemed necessary. Nothing in this section shall preclude the city from taking any other enforcement action authorized by this Code, including more frequent reviews.

C.

Nothing in this section shall limit the requirements of an operator with a DA to demonstrate to the city manager good faith compliance with the terms of the agreement at least every twelve (12) months as required by Government Code section 65865.1. If as a result of that review the city manager believes there is substantial evidence that the operator has not complied in good faith with the terms or conditions of the agreement, the city manager shall present the matter to the commission for a recommendation to the city council. The commission shall set the matter for public hearing within forty (40) days of receipt of the matter

ion 65865.1. If as a result of that review the city manager believes there is substantial evidence that the operator has not complied in good faith with the terms or conditions of the agreement, the city manager shall present the matter to the commission for a recommendation to the city council. The commission shall set the matter for public hearing within forty (40) days of receipt of the matter

from the city manager. If the commission fails to act upon such request within a reasonable time, the council may, by written notice, require the commission to render its recommendation within forty (40) days. Failure to so report to the council within the above time period shall be deemed to be a recommendation against modification or termination. After the commission has rendered its recommendation, the matter shall be set for hearing before the city council, who may terminate or modify the agreement if it finds and determines, on the basis of substantial evidence, that the operator or successor in interest has not complied in good faith with the terms and conditions of the DA.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following provisions and procedures shall be implemented at the end of life of an oil and gas site, subject to a CUP, and govern the site (including well) facility closure and site restoration procedures:

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.011.1 - Purpose and intent.

A.

Section 17.46.11 et seq. establishes procedures and provisions to achieve the timely abandonment of oil and gas related activities and land uses, and following the abandonment, the timely and proper removal of applicable oil and gas facilities (including wells, equipment and gas-related structures), reclamation and remediation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits.

B.

The procedures ensure appropriate due process in differentiating idled from abandoned facilities and protecting the vested rights of permittees while also ensuring that sites with no reasonable expectation of restarting are removed, in compliance with the intent of abandonment permits. These procedures also ensure a process for abandoning or re-abandonment of portions of sites where oil and gas operations will continue on the site, as well as procedures for restoration and redevelopment of a site to other uses at the end of the economic life of oil and gas production.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Oil and gas sites and operations subject to Section 17.46.11 and its subsections, shall include all permitted uses identified in Section 17.46.02.A of this Code, regardless of whether these uses were permitted in compliance with this chapter or any preceding ordinance. This includes, all pipeline systems, except for public utility natural gas transmission and distribution systems, that either transport or at one time transported natural gas, oil, produced water, or waste water that originated from a reservoir, regardless of whether these uses were permitted in compliance with this Code or any preceding ordinance.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The city manager has the discretion to process and approve the application. Any person may submit an appeal to the city manager or the planning commission within fifteen (15) days of the city manager's notice of decision consistent with Section 17.46.06. Mandatory requirements of the Code are not subject to appeal. All procedures shall be consistent with the following requirements.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Complete abandonment of oil and gas operations: The operator shall submit an application to the city manager upon intentional abandonment of the entire oil and gas operation or site. The application for abandonment and site restoration proceedings shall be submitted sixty (60) calendar days prior to the planned shutdown of all the facilities.

B.

Partial abandonment of oil and gas operations: If any portion of the oil or gas site is being abandoned, or if a well is being re-abandoned, the operator shall submit an application to the city manager for partial abandonment of oil or gas operations. Said application shall be submitted not later than thirty (30) calendar days prior to abandonment or re-abandonment of wells involving no more than ten percent (10%) of the total number of wells on site or ten (10) wells, whichever is more; all other applications shall be submitted not later than sixty (60) calendar days prior to abandonment, re-abandonment or restoration.

C.

Other events requiring an application. The operator shall submit an application for abandonment, reabandonment, and site restoration proceedings to the city manager upon any of the following:

1.

Any event or condition designated in an existing city permit or entitlement that would require consideration of abandonment. The application shall be submitted sixty (60) days in advance of the event or condition. If the event or condition cannot be known until after it occurs, the application must be submitted within fifteen (15) days of the event or condition.

2.

Upon order of DOGGR. The application shall be submitted within thirty (30) days of a DOGGR order to abandon, re-abandon, and restore the site, provided, however, that if the operator timely appeals such an order of the DOGGR, it shall have no obligation hereunder until thirty (30) days after a final decision affirming such order.

D.

Nothing in this chapter shall limit the city's police powers. The city may require those measures reasonably necessary to address specific site or operational conditions that threaten public health, morals, safety or general welfare, which measures could include partial or complete abandonment.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The application shall be in a form and content specified by the city manager and this section. The application shall contain the following:

A.

Name, address, and contact information for the permittee.

B.

Name, address, and general description of the permitted land use.

C.

Gross and net acreage and boundaries of the subject property.

D.

Location of all structures, above and underground, proposed to be removed.

E.

Location of all structures, above and underground, proposed to remain in-place.

F.

Location of all wells, including active, idled, abandoned or re-abandoned wells, including distances from site boundaries, and existing structures. Each well shall include the DOGGR well name and number, as well as the American Petroleum Institute (API) well number. If available, the location of the wells shall be identified with the name of the operator and well designation.

G.

Location of all city or public utility easements on or adjacent to the subject property that may be affected by demolition or reclamation.

H.

To the extent known, the type and extent of any contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any requirement by the fire department or State agencies with regulatory oversight of site assessments.

I.

A proposed abandonment and restoration plan that details the activities for the proposed action, including the following details: Hours of operation, disposition of equipment and structures proposed for decommissioning, and an estimated schedule for decommissioning the facilities or completion of the work.

J.

A proposed grading and drainage plan if drainage from the site will be altered.

K.

A proposed plan to convert the site to natural condition or convert to other proposed land use. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

L.

A statement of intent regarding the disposition of utilities that served the oil and gas operations, including fire protection, power, sewage disposal, transportation, and water.

M.

Measures proposed to be used to prevent or reduce nuisance effects (e.g., dust, fumes, glare, noise, odor, smoke, traffic congestion, vibration) and to prevent danger to life and property.

N.

A copy of DOGGR approval to abandon, re-abandon or remediate well(s), such as an approval of a notice of intent of request to abandon.

O.

A leak test report for each abandoned well on the site that meets the requirements of Section 17.46.38.

P.

For abandonment or restoration in any circumstances where the permit is approved by the city manager without planning commission action, proof of mailed notice of intent to seek a permit to abandon or restore to the owner of record on the latest assessment roll for neighboring parcels within three hundred (300) feet of the oil and gas site property boundaries. The notice shall generally describe the scope of the activity being proposed.

Q.

Any other information deemed reasonably necessary by the city manager to address site-specific factors.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Application filing. The city manager shall process complete applications for permits after determining the applications to be complete in compliance with Section 17.46.011.3.2 of this chapter, and submit applications subject to initial planning commission review to the planning commission with a recommendation regarding approval if the findings in Section 17.46.011.3.4 are met. An application shall not be complete unless the applicant has made a deposit for the estimated direct and indirect costs of

processing the application. The applicant shall deposit any additional amounts for the costs to process the application, including legal review, within fifteen (15) days of request by the city manager. Upon either completion of the permitting process or withdrawal of the application, the city shall refund any remaining deposited amounts in excess of the direct and indirect costs of processing.

B.

Independent or concurrent processing of applications. For applications subject to initial planning commission review, the planning commission shall process complete applications for abandonment and site restoration permits independently of any other permit applications to develop the site in question, unless the city manager makes the determination that the concurrent processing of abandonment and site restoration permits and development permits for the same site do not unduly hinder timely restoration of abandoned sites or result in long delays in securing approval of development permits.

C.

Demolition and restoration permit shall supersede. Upon approval of a demolition and restoration permit subject to initial approval by the planning commission, or upon abandonment of operations, whichever occurs later, the demolition and reclamation permit shall supersede any inconsistencies in the discretionary permit approved for construction and operation of the facilities.

D.

Conditions of permit. In addition to any other requirements of this Code, any permit for abandonment, reabandonment or restoration shall be subject to the following requirements regardless whether initially approved by the city manager or the planning commission:

1.

Oil well abandonment shall be performed by oil service company contractors with a business license issued by the city.

2.

All equipment and surface installations used in connection with the well that are not necessary, as determined by the city manager or planning commission, for the operation or maintenance of other wells on the drill or operation site shall be removed from the site.

3.

The abandoned site or portions of the oil and gas site shall be restored to its original condition or as nearly as is practical given the nature of the location and continuing uses for an oil and gas site, so long as the restoration will not adversely impact ongoing oil and gas production operations.

4.

All sumps, cellars, and ditches which are not necessary for the operation or maintenance of other wells on the oil or gas site shall be cleaned out and all oil, oil residue, drilling fluid, and rubbish shall be removed to reduce hydrocarbons to standards acceptable to federal, state, or local agencies. All sumps, cellars, and

ditches shall be leveled or filled. Where such sumps, cellars, and ditches are lined with concrete, the operator shall cause the walls and bottoms to be broken up and all concrete shall be removed.

5.

The portions of the site not necessary for continuing oil or gas site operations shall be cleaned and graded and left in a clean and neat condition free of oil, rotary mud, oil-soaked earth, asphalt, tar, concrete, litter, and debris.

6.

All public streets, alleys, sidewalks, curbs and gutters, and other places constituting public property which may have been disturbed or damaged in connection with any operation, including operations for the abandonment or re-abandonment of the well shall be cleaned, and, except for ordinary wear and tear, shall be repaired and restored to substantially the same condition thereof as the same existed at the time of issuance of the permit, or at the time operations were first commenced in connection with the drilling, operation, or maintenance of the well.

7.

A copy of written approval of DOGGR confirming compliance with all state abandonment proceedings for all abandoned facilities must be furnished to the city manager.

8.

Proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

In addition to the findings specified in the Code for a use permit, for permits the city manager or planning commission shall also make affirmative findings based on the following criteria:

A.

The subject site will be restored and remediated to its pre-project conditions unless areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived by the planning commission; provided, the development is permitted within five (5) years and the permittee has posted financial assurances acceptable to the city manager to ensure restoration to natural conditions if the proposed development is not permitted.

B.

The proposed restoration will leave the subject site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.

C.

The permit conditions comply with Section 17.46.011.3.3 and contain specific enforceable requirements to ensure the timely completion of any abandonment or re-abandonment of wells, restoration activities or cessation of other oil and gas site operations subject to the permit.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Each operator shall submit copies of notices provided to or received from DOGGR, to the city manager, within ten (10) business days of transmission or receipt of such notices, as applicable. These shall include: Designation of agents, notice of intent to drill a new well, division approvals (permit to conduct well operations, notice and permit to drill, permit to rework/redrill well (p-report), enhanced recovery project approval, water-disposal project approval, commercial water-disposal approval), notice of intention to rework/redrill well, notice of intention to abandon/re-abandon well, supplementary notices, report of

property transfer forms and any inspection reports or notices of violation, as these notices may be updated or amended. All other DOGGR notices or other DOGGR communications shall be submitted at the discretion of the city manager.

B.

The operator of (or any person who acquires) any well, property, or equipment appurtenant thereto, whether by purchase, transfer, assignment, conveyance, exchange or otherwise, shall each notify the city manager within ten (10) business days of the transaction closing date. The notice shall contain the following:

1.

The names and addresses of the person from whom and to whom the well(s) and property changed.

2.

The name and location of the well(s) and property.

3.

The date of acquisition.

4.

The date possession changed.

5.

A description of the properties and equipment transferred.

6.

The new operator's agent or person designated for service of notice and his address.

C.

The operator of any well shall notify the city manager, in writing, of the idling of any well. The operator shall notify the city manager in writing upon the resumption of operations of an idle well giving the date thereof.

D.

The operator shall report any violations of state or federal laws that occur on an oil and gas site to the city manager within thirty (30) days of their date of documentation by a state or federal agency.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

All complaints related to activities regulated by this chapter received by the operator shall be reported within two (2) business days to the city manager. In addition, the operator shall maintain a written log of all complaints and provide that log to the city manager on a quarterly basis.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

In addition to any administrative remedies or enforcement provided in this Code, the city may seek and obtain temporary, preliminary, and permanent injunctive relief to prohibit violation or mandate compliance with this Code. All remedies and enforcement procedures set forth herein shall be in addition to any other legal or equitable remedies provided by law.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

The operator shall also be subject to a fine for violation of any requirement of a CUP or this chapter as determined by the city manager, subject to the following:

1.

Depending on the specific type and degree of the violation, the operator in violation may be penalized at a rate of up to ten thousand dollars ($10,000) per day, per violation, until it is cured, but in no event, in an amount beyond that authorized by state law. The city manager will develop a violation fine schedule for council approval to specifically identify the fines associated with oil or gas site violations. This violation fine schedule may also include nuisance violations. Nothing in this section shall preclude the use of use of fines as may be applicable from this code, including those related to nuisances, as long as said fines are not imposed in addition to fine schedule developed under this chapter for a similar violation.

2.

In the event of a violation of any of the city's permitting actions, a written notice of violation, and notice of the associated fine amount if the violation is not cured, will be sent to the operator by the city manager. If

the noted violation is not corrected within fifteen (15) calendar days (as may be extended by the city manager up to an additional thirty (30) days) to the satisfaction of the city manager, the city manager will provide the operator notice of the imposition of administrative fines. The operator shall be required to pay the fines to the city, and any fines which continue to accrue until the violation has been cured. Notwithstanding, if the violation creates an immediate danger to health or safety, the city (including a contractor hired by the city) may immediately abate the dangerous condition, and said costs of abatement shall also be paid by the operator.

3.

The operator has a right of appeal to the city manager or planning commission within fifteen (15) days of the written notice or contested determination of compliance. Decisions of the city manager not appealed within fifteen (15) days become final.

B.

Nothing in this section or ordinance shall limit the city's ability to pursue other enforcement procedures, including CUP revocation proceedings, actions to enforce a DA, or other legal or equitable remedies provided by this Code or available under the law including code enforcement provisions as amended, as long as those provisions are identified. Revocations or suspensions of a permit or CUP may be done pursuant to Title 17-Zoning, as may be amended.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Any violation of this chapter is hereby declared to be a public nuisance for the purposes of Section 8.12.020, and may be abated pursuant to the procedures set forth in Section 8.12.030 of this Code. The procedures for abatement shall not be exclusive, and shall not in any manner limit or restrict the city from otherwise enforcing this chapter or abating public nuisances in any other manner as provided by law, including the institution of legal action by the city attorney to abate the public nuisance at the request of the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Upon determination that any oil and gas production, processing or storage operation meets the definition of high risk operation from Section 17.46.004, the city manager shall give the operator written notice of the city manager's intent to determine the operation a high risk operation under this section. The intent of this section shall be to remediate the high-risk operation and bring the oil or gas site and the operator within normal, safe operating standards and protect the public safety, health and environment. The written notice of the intent to determine the operation a high-risk operation shall include:

1.

Facts substantiating the determination; and

2.

A notice regarding the right to appeal the determination to the commission within fifteen (15) days. During the pendency of any such appeal, the city manager's determination shall remain in full force and effect until affirmatively set aside by the planning commission. The planning commission's decision shall be supported by substantial evidence, and refusal by the operator to provide access to the operation to allow inspection or investigation to determine compliance as authorized by this Code or other law shall be deemed evidence the definition of a high risk operation has been met.

B.

Along with the determination of the site being a high risk operation, the city manager may take either or both of the following actions:

1.

An investigation of the causes leading up to the high risk determination;

2.

Require a mandatory restoration plan to be submitted by the operator. Such plan shall include, but is not limited to:

i.

A mandatory restoration schedule for bringing the site and operator within normal, safe operating standards. Such schedule does not supersede any timeline for abatement otherwise established for individual outstanding violations.

ii.

An audit of overall site operation(s):

a.

The audit shall be conducted by an independent third party approved by the city manager. Costs associated with the audit shall be borne by the operator;

b.

The audit shall identify and analyze the root causes leading to the high risk designation;

c.

The audit shall further identify and analyze other potential areas in overall site operation that could impact the site's ability to operate within safe and normal standards (e.g. personnel training, operational policies, internal procedures, etc.);

d.

Provide a plan for remediating all issues identified in the audit, including a mandatory schedule for remediating those issues. Such restoration plans shall be subject to approval by the city manager.

e.

The audit may be ordered in lieu of, or in addition to the investigation undertaken by the city manager.

iii.

Any other requirements the city manager deems necessary to bring the site and operation within normal, safe operating standards for the purposes of protecting the public safety, health and environment.

C.

The operator of the high risk operation shall carry out the approved restoration plan and shall be responsible for paying all reasonable costs associated with the implementation of the plan, including:

1.

City staff time in enforcing these provisions at an hourly rate that provides for full cost recovery of the direct and indirect costs. Staff time shall include, but is not limited to, the ongoing monitoring and verification of compliance with the approved restoration plan;

2.

Investigative, research (including legal research) and consulting costs associated with preparation of the restoration plan;

3.

Third party costs for investigation, consultation, engineering, clean-up, operator staff training, operations and all other related costs necessary to carry out the restoration plan;

4.

Any other costs necessary to remediate the high risk operation as ordered by the city manager.

D.

At the sole discretion of the city manager, at any time during which a site or operator is subject to this section, the city manager may require a bond be posted to cover the cost of remediating the causative problems of the high risk operation.

E.

The determination of high risk operations shall continue to apply until the goals and guidelines of the restoration plan established hereunder is achieved. The high risk operator shall notify the city manager when a milestone in the restoration plan has been satisfied. The city manager may conduct independent verification of the compliance upon such notification. The restoration plan may be amended from time to time as necessary to achieve the purposes of this section. Upon a determination by the city that the goals

and guidelines of the restoration plan have been achieved, the city shall notify the operator in writing that the site is no longer a high risk operation.

F.

Failure of the operator of a high risk operation to post a bond required under this section, prepare the restoration plan within a reasonable timeframe as ordered by the city manager, or to reasonably achieve the goals and guidelines of an approved restoration plan under this section, may be cause for a shutdown of the high risk operation(s) or any other petroleum operations located in the city that are co-owned or cooperated by the high risk operator, at the discretion of the city manager.

G.

The operator of a high risk operation shall compensate the city for any costs associated with the enforcement of this section within thirty (30) days of written demand by the city manager. Any city costs associated with enforcement of this section, which are not promptly paid by the operator shall be subject to enforcement by tax bill lien or other collection methods at the discretion of the city.

H.

The city may institute legal proceedings to require compliance provisions with this section.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.017 - Compliance monitoring.

A.

Environmental compliance coordinator(s). The city may hire environmental compliance coordinators as needed to oversee the monitoring and condition compliance requirements of the city's permitting actions subject to regulation under this chapter, the costs of which shall be reimbursed by operator. The number of environmental compliance coordinators shall be determined by the city and shall take into account the level of oil and gas operations associated with the project site. The environmental compliance coordinator(s) shall be approved by, and shall report to, the city manager consistent with the city manager's authority under Section 2.06.070 of this Code. The responsibilities of the environmental compliance coordinator(s) shall be determined by the city for the project site and shall generally include:

1.

Monitoring of oil and gas sites for compliance with this chapter as it relates to construction, drilling, operational or abandonment and site restoration activities as determined by the city manager.

2.

Taking steps to ensure that the operator, and all employees, contractors and other persons working in the project site, have knowledge of, and are in compliance with all applicable provisions of the conditional use permit or development agreement.

Reporting responsibilities to the various city departments with oversight responsibility at the project site, as well as other agencies such as DOGGR, and SCAQMD.

B.

Compliance deposit account. An applicant must establish a compliance deposit account with the city within thirty (30) days of receiving authorization for a CUP or DA from the city. The compliance security deposit amounts shall be determined by the city manager, and shall be based on the nature and extent of the compliance actions required.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.018 - Financial assurances applicability.

A.

Sections 17.46.019 through 17.46.021 shall apply to any person who operates any oil or gas site involved in exploration, production, processing, storage or transportation of oil or gas extracted from reserves in the City of Arvin:

B.

This chapter shall not apply to the change of operator of the following:

1.

Sales gas pipelines operated by a public utility and regulated by the California Public Utilities Commission;

2.

A change of ownership consisting solely of a change in percentage ownership of a site and which does not entail addition or removal of an owner or affect any financial guarantee or bonds for a permit, CUP, and/or DA.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The applicant shall be fully responsible for all reasonable costs and expenses incurred by the city or any city contractors, consultants, or employees, in reviewing, approving, implementing, inspecting, monitoring, or enforcing this chapter or any CUP, DA, or permit, including but not limited to, costs for permitting, permit conditions implementation, mitigation monitoring (including well abandonment and re-abandonment), reviewing and verifying information contained in reports, inspections, administrative support, and including the fully burdened cost of time spent by city employees, city attorney, or third-party consultants and contractors on such matters.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator or any contractor of any oil and gas operation subject to this chapter shall provide, or cause to be provided, the securities and bond requirements described below:

A.

The operator shall file a faithful performance bond with the city manager consistent with the following bonding requirements:

1.

The city manager shall determine the amount of the bond based on the total number of wells, proposed operations, size and nature of the property, appropriate environmental studies on the property, including a Phase I, II or Human Health Risk Assessment Reports and other relevant conditions related to the proposed wells or operations at a specific oil or gas site, and recognized commercial standards.

2.

The amount of the bond shall be sufficient to assure the completion of the abandonment, necessary reabandonment, site restoration, to the extent not fully covered by DOGGR bonds, and remediation of contamination of the oil or gas site if the work had to be performed by the city in the event of forfeiture. The performance bond shall be inflation indexed to ensure the amount of the bond shall be sufficient to assure completion of the abandonment, restoration and remediation of contamination of the oil or gas site. The bond shall be available within a time frame to allow the city to undertake related activities in a timely manner, including at least half for immediate access and use in the event of an emergency as determined by the city manager.

3.

Prior to expansion of an oil or gas site, the operator shall apply to the city manager for a determination of the amount of the bond necessary to ensure completion for both the existing and expanded operations. In addition, every bond shall be re-assessed by the city manager every five (5) years to ensure the amount is sufficient to ensure the completion of the abandonment, site restoration, and remediation of contamination of the oil or gas site.

4.

Upon application by the operator, the city manager may reduce bonding amounts based upon change of physical circumstances, completion or partial completion of work, or significant reduction in cost to perform the work. In no event shall the amount of the bond be reduced to an amount insufficient to complete any remaining work, nor shall the bond be reduced due to economic hardship or similar considerations.

5.

After completion of all abandonment and site restoration requirements, the bond shall be maintained in a sufficient amount to ensure remediation of contamination at the oil or gas site for a period not less than fifteen (15) years. Upon application by the former operator, the city manager may provide for partial or complete release of the bond at an earlier date if a former site is being developed or redeveloped

consistent with Section 17.46.038(G) and construction of said development or redevelopment is completed,

6.

In no event shall the bonding amount required by the city be less than ten thousand dollars ($10,000.00) per well.

7.

The bond may be drawn only from a qualified entity without any economic interests or relationship with the operator and any related economic entities related thereto, and bonds must and must be rated "A" or better by a nationally recognized bond rating organization. The city manager shall receive all pertinent information related to the bond and bonding entity prior to issuance of a final approved permit, CUP, or DA.

B.

In lieu of these bonding requirements, an operator may also submit any type of legally adequate and binding financial mechanism, subject to city attorney approval, to satisfy the monetary assurance requirements set by the city manager to assure completion of the abandonment, restoration and remediation of contamination of the oil or gas site to the extent not fully covered by DOGGR bonds.

C.

For any evaluation of bonding amounts by the city manager in this section, or evaluation of a financial mechanism proposed in lieu of a bond by the city attorney, the operator shall deposit the estimated costs, or deposit equivalent, with the city manager with the application, and shall also make any additional deposit(s) within thirty (30) days of written request by the city manager. The city manager may retain consultants or other experts in the industry to assist in deriving a commercially reasonable bond amount.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator of any oil and gas operation subject to this chapter shall provide, or cause to be provided, the insurance described below for each oil and gas site during the pendency of oil and gas operations. The operator or contractor must provide to the city sufficient documentation that the insurance complies with the minimum requirements and coverage amounts of this section before a permit may be issued.

A.

General provisions regarding insurance:

1.

The operator or any contractor shall pay for and maintain in full force and effect all policies of insurance described in this section with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide.

2.

In the event any policy is due to expire, the operator or any contractor shall provide a new certificate evidencing renewal of such policy not less than ten (10) calendar days prior to the expiration date of the expiring policy. Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, operator or any contractor shall file with the city manager a new certificate and all applicable endorsements for such policy.

3.

Liability policies shall name as "additional insured" the city, including its officers, officials, agents, employees and authorized volunteers.

4.

All policies shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of city of policy cancellation of coverage, except for: 1) non-payment, which shall provide a 10-day written notice of such cancellation of coverage, and 2) the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage.

5.

The operator shall present to the city manager copies of the pertinent portion of the insurance policies evidencing all coverage and endorsements required by this section before the issuance of any permit subject to this chapter, and the acceptance by the city of a policy without the required limits or coverage shall not be deemed a waiver of these requirements. The city may, in its sole discretion, accept a certificate of insurance in lieu of a copy of the pertinent portion of the policy pending receipt of such document by the city. After the issuance of the permit, the city may require the operator to provide a copy of the most current insurance coverage and endorsements for review at any time. The operator will be responsible for paying an administration fee to cover the costs of such review as may be established by the city's fee schedule.

6.

Claims-made policies shall not be accepted except for excess policies and environmental impairment (or seepage and pollution) policies.

7.

Insurance coverage shall be reviewed by the city manager as required by Section 17.46.010 to ensure adequate insurance is maintained.

B.

Required insurance coverage:

1.

Commercial or comprehensive general liability insurance:

i.

Bodily injury and property damage coverage shall be a minimum combined single limit of two million dollars ($2,000,000.00) per occurrence two million five hundred thousand dollars ($2,500,000.00) in the aggregate. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, underground reservoir (or resources) damage, broad form property damage, independent contractor's protective liability and personal injury.

ii.

Environmental impairment (or seepage and pollution) coverage shall be either included in the comprehensive general liability coverage or as separate coverage. Such coverage shall not exclude damage to the lease site. If environmental impairment (or seepage and pollution) coverage is written on a "claims made" basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and accidental pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, oil and gas, waste material, or other irritants, contaminants or pollutants. Such policy shall provide for minimum combined single limit coverage of two million dollars ($2,000,000.00) per occurrence and two million five hundred thousand dollars ($2,500,000.00)in the aggregate. A discovery period for such peril shall not be less than ten (10) years after the occurrence.

2.

Commercial automobile liability insurance: Minimum combined single limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The policy shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Section 1, subsection A.1 entitled "Any Auto")

3.

Worker's compensation insurance: Maintain the minimum statutory requirements, coverage which shall not be less than one million dollars ($1,000,000.00) for each occurrence.

4.

Excess (or umbrella) liability insurance: Minimum limit of five million dollars ($5,000,000.00) providing excess coverage for each of the perils insured by the preceding liability insurance policies, except for underground reservoir (or resources) damage.

5.

Control of well insurance (only during drilling or re-working):

i.

Minimum limit of two million dollars ($2,000,000.00) per occurrence, with a maximum deductible of one hundred thousand dollars ($100,000.00) per occurrence.

ii.

Policy shall cover the cost of controlling a well that is out of control, drilling or restoration expenses, and seepage and pollution damage. Damage to property in the operator's care, custody and control with a sublimit of five hundred thousand dollars ($500,000.00) may be added.

6.

Self-insurance: The operator shall have the option to self-insure if insurance is not commercially feasible to obtain and maintain in the commercial insurance market, as certified by a written report prepared by an independent insurance advisor of recognized national standing, for the following types of insurance required by this subsection: Excess (or umbrella) liability insurance, control of well insurance, and environmental impairment (or seepage and pollution) coverage. The operator shall provide a certificate for self insurance subject to approval by the city manager and risk management, and to the city attorney for approval as to legal sufficiency. To the extent said insurance is limited to amounts less than that required by this chapter, the operator must first obtain available insurance coverage to the extent it is commercially feasible, and then shall self insure for the remaining amount.

7.

Commercially available: If the city manager determines that certain types of insurance identified herein are not reasonably commercially available or necessary given specific field conditions, the city manager has the discretion to authorize substitute or equivalent types of insurance, to the extent there is a reasonable and relevant risk, or modifications to an amount that is commercially available, all subject to approval as to legal form by the city attorney.

C.

Failure to maintain coverage: Upon failure of the operator, or contractors to provide that proof of insurance as required by this section when requested, the city manager may order the suspension of any outstanding permits and petroleum operations of the operator until the operator provides proof of the required insurance coverage.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Part 2. - Development Standards for Petroleum Operations

The following sections of Part 2 apply only to those operations subject to a CUP or DA, except for those existing operations as noted in Section 17.46.02.B.

17.46.022 - Setback requirements.

A.

The surface locations of wells and tanks within an oil and gas site shall not be located within:

Three hundred (300) feet of the property boundaries of any public school, public park, clinic, hospital, longterm health care facility.

2.

Three hundred (300) feet of the property boundaries of any residence or residential zone, as established in this Code, except the residence of the owner of the surface land on which a well might be located and except a residence located on the land which, at the time of the drilling of the well, is under lease to the person drilling the well.

3.

Three hundred (300) feet of the property boundaries of the commercially designated zone C-O, N-C, C-1, C-2, MUO, PUD (see Table 1-1), as established by this Code and as may be amended.

4.

One hundred (100) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such, unless otherwise specifically allowed per Public Resources Code section 3600, but in no event less than fifty (50) feet of any dedicated public street, highway, public walkway, or nearest rail of a railway being used as such.

B.

For all injection wells, the applicant shall provide a copy of the area of review (AOR) study, consistent with the requirements of Title 14 California Code of Regulations Section 1724.7, as per DOGGR.

C.

Legally existing oil and gas operations that do not met the setback requirements and were conforming immediately before the effective date of this chapter are not considered nonconforming uses and are not made subject to Chapter 17.52 (Nonconforming Buildings and Uses) of this Code by this chapter. Such operations may continue to lawfully operate to the extent the operations can demonstrate to the city vested rights as of the effective date of this chapter, but are prohibited for expanding operations beyond those demonstrated vested rights. Vested rights for a particular well may be demonstrated by the existence of an installed conductor in a cellar for that well or any other method established by law. The operator can replace structures and equipment required for oil and gas operations that are damaged, have failed, are at risk of failure, or are at the end of their useful life. Said replacements shall be made with like-kind structures and equipment that does not expand capacity or structural footprint. If the operator can demonstrate that such structure or equipment is not reasonably available or appropriate for current operational practices, the city manager may approve minor expansion of equipment or structure upon findings the proposed changes are minor and do not constitute or tend to produce an expansion or intensification of capacity for the site. For existing oil and gas facilities and operations that do not meet the setback requirements as of the effective date of this chapter, drilling of new wells is prohibited unless the operator can demonstrate vested rights for each new well.

D.

Consolidation and relocation incentives.

1.

Existing uses in setback: For existing wells legally operating within the prohibited setback identified in Section 17.46.022.A or within the prohibited zones included in Table 1-1, an operator can exchange wells, either existing or vested, at a 1:2 ratio to another (existing) receiving site(s) without counting toward new development that would require a CUP or DA. The receiving site must be within a zone that is not prohibited in Table 1-1 and must comply with all setbacks and other requirements of this chapter. The contributing well(s) must be completely abandoned, including confirmation of compliance with all state abandonment requirements, before wells can be constructed at any receiving site.

2.

Existing uses outside setback: For existing wells legally operating outside the prohibited setback and zones, an operator can exchange only wells actually existing at the time of the ordinance (not vested or hypothetical wells) at a 1:1 ratio to another existing receiving site(s) without counting toward "new development" that would require a CUP or DA. The receiving site must be within a zone that is not prohibited in Table 1-1 and must comply with all setbacks and other requirements of this chapter. The

an operator can exchange only wells actually existing at the time of the ordinance (not vested or hypothetical wells) at a 1:1 ratio to another existing receiving site(s) without counting toward "new development" that would require a CUP or DA. The receiving site must be within a zone that is not prohibited in Table 1-1 and must comply with all setbacks and other requirements of this chapter. The

contributing site must be completely abandoned before wells can be constructed at any receiving site, including confirmation of compliance with all state abandonment requirements. The operator must completely abandon all surface rights to the contributing site (i.e., no future oil and gas operations to occur at the site) and provide acceptable proof to the city of the same. All receiving sites must exist and have active operations as of the date of approval of this chapter.

3.

For all consolidation or relocation: The operator must provide the city with notice of intent to transfer prior to abandonment of any well(s) or contributing site intended to be consolidated or relocated. Transfers may occur at any time after abandonment is complete and the rights may be "banked" and assigned to another operator upon notice to the city. No well can be transferred more than one (1) time. The receiving well location or site must be located outside the boundaries identified in Section 17.46.022.A.1-3, and comply with Section 17.46.022.A.4 outside of the prohibited setback. The receiving site cannot expand by more than ten (10) wells from any source or exchange, in addition to those existing or vested, without being considered new development. All receiving sites must comply with Section 17.46.02.B for sites not required to obtain a new CUP.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following measures shall be implemented throughout the operation of any oil and gas site or project subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

For oil and gas sites located in non-industrial areas or for delivery routes, other than designated truck routes, that pass through or adjacent to prohibited zones as listed in Table 1-1, (a) deliveries to the oil or gas sites shall not be permitted after 9:00 p.m. and before 6:00 a.m. (Chapter 9.08 Noise Disturbances), except in cases of emergency and (b) no deliveries shall be permitted on Saturdays, Sundays or legal holidays, except in cases of emergency. The city manager may authorize a single oil shipping truck used on an occasional basis upon a showing of no reasonably feasible alternative, Said authorization shall take into consideration the location of the site and the types of adjacent uses, and may require compliance with Section 17.46.032.6 (Noise Impacts), light and glare restrictions, etc.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Construction of permanent structures, workovers and other maintenance, including replacement in kind, shall not be permitted after 9:00 p.m. and before 6:00 a.m. (Chapter 9.08 Noise Disturbances), or during Saturdays, Sundays, or legal holidays, except in the event of an emergency as approved by the city manager. The drilling or re-drilling of wells is not subject to construction time limits.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

At all times during the construction and operation of any oil and gas site, parking facilities shall be provided for all vehicles associated with the oil or gas site at a rate of one (1) parking space per shift-employee. If approved as part of a CUP or a DA, parking for vehicles of employees or workers engaged in any oil or gas site activities can also be provided by the operator at off-site parking lots or in parking facilities, other than public streets, at locations other than the oil or gas site. The operator shall prohibit personal parking on city streets by operator, permitees, contractors, or consultant staff. If the parking lot or parking facilities are not located within a reasonable walking distance of the controlled drill site, the operator shall provide transportation to and from the parking site for employees and workers.

B.

At all times vehicular access to an oil and gas drill site shall be provided in accordance with the plans for vehicular access reviewed and approved by the city engineer, except for operations existing prior to the effective date of this chapter.

C.

All entrances to an oil and gas site shall be equipped with sliding or swinging gates which shall be kept closed at all times except when authorized vehicles are entering or leaving the oil and gas site.

D.

When traffic lanes on any public street are closed or impaired by the operator's operations, flagmen, and safety officers as required by the city engineer or police department shall be provided by the operator at all such times to control traffic and maintain traffic flow.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Except for oil and gas sites located within industrial zones, and located farther than six hundred (600) feet from any prohibited zone as listed in Table 1-1, all lighting sources that may be introduced on a site in support of nighttime operations, at the onset and throughout all operations at an oil and gas site shall be screened and directed to prevent light or glare from passing beyond site boundaries. Outdoor lighting shall be restricted to only those lights that may otherwise be required by this Code for lighting building exteriors and safety and security needs.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following measures shall be implemented for all projects that are subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Prior to any new development, the operator shall implement a landscaping plan that has been approved as part of a CUP or a DA, which provides adequate screening and blending of the facilities so that the site shall not appear unsightly or aesthetically deficient compared with the surrounding character of the area. Except for oil and gas sites located within industrial zones, all tanks shall not extend more than twenty (20) feet above the surface of any site, unless otherwise approved in a CUP or DA.

B.

Within six (6) months after the completion of activities related to the drilling or re-drilling of a well and the removal of the drilling well mast/rig, any oil and gas site shall be landscaped with suitable shrubbery and trees in accordance with a plan approved by the planning commission, unless the site is to be otherwise developed in such a manner that would preempt re-vegetation requirements.

C.

If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, if any drilling masts are in place on an oil and gas site for a time period of more than one (1) year and are visible from public viewing points, then the operator shall wrap all such masts to reduce their visibility prior to the onset of operations at an oil and gas site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Prior to commencement of operations at an oil or gas site the following development standards shall be satisfied:

A.

All oil and gas sites shall be enclosed with a wall not less than six (6) feet high, which shall be of a material and texture that blends in with the surrounding environment and is not visually obtrusive. There shall be no aperture below the wall larger than one (1) foot in height.

B.

The wall enclosure around the oil and gas site shall have a setback of twenty-five (25) feet from all property lines. The gate or entrance through the wall shall remain locked at all times and constructed in a manner to prevent the public from coming closer than twenty-five (25) feet to the pumping facilities. Pursuant to the approval of the CUP, the location of the wall may be modified subject to compliance with the California Fire Code as approved in a CUP or DA with modifications as applicable.

C.

The entire outside facing length of the wall must be coated with anti-graffiti paint or solutions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The oil and gas site shall be maintained in a clean, sanitary condition, free from accumulations of garbage, refuse, and other wastes.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The architectural design of any oil or gas site buildings, equipment, or other associated structures shall be consistent with the character of the surrounding community and shall utilize finishing materials and colors which blend in with the surrounding environment and are not visually obtrusive.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following policies specific to streets or other roads shall apply to all projects for which this chapter is applicable.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Private roads and other excavations required for the construction of access roads shall be designed, constructed, and maintained to provide stability of fill, minimize disfigurement of the landscape, prevent deterioration of vegetation, maintain natural drainage, and minimize erosion. Prior to construction of any new road, the operator shall prepare and submit to the department of public works for review and approval a private road construction plan. The operator shall thereafter comply with all provisions of the approved private road construction plan. All new private access roads leading off any surfaced public street or

highway shall be paved with asphalt or concrete not less than three (3) inches thick for the length of said access road from the public street or highway.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The following policies apply only to signs visible from the public right of way.

A.

Signage as required by DOGGR or law shall be kept in good legible condition at all times.

B.

No sign other than that described in this chapter or required by law shall be allowed, other than informational signs, no smoking signs, and other signs as reasonably required for safe operation of the project.

C.

Identification signs shall be posted and maintained in good condition along the outer boundary line and along the walls adjoining the public roads that pass through the oil or gas site. Each identification sign shall prominently display current and reliable emergency contact information that will enable a person to promptly reach, at all times, a representative of the operator who will have the expertise to assess any potential problem and recommend a corrective course of action. Each sign shall also have the telephone number of the city department of planning or zoning enforcement section and the number of SJVAPCD that can be called if odors are detected. For existing oil and gas sites, the signs shall be updated when they are replaced or repaired.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The installation of any surface equipment designed to produce steam shall be prohibited without the approval of the city manager. The operator shall submit a steaming plan addressing equipment sizing and design to the city manager for review and approval. The operator shall also submit well casing and cementing design specifications as required by DOGGR. Unless a specific health, safety or welfare issue is created, which will include any non-compliance with any DOGGR regulation or other applicable law including this chapter related to the use of the surface equipment, the city manager will approve a completed steaming plan, The city manager may adopt implementing guidelines for this section to further the purposes of this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Each oil or gas site shall be served by and utilize only reclaimed water, aside from potable water used for human consumption, unless the use of reclaimed water is deemed infeasible (such as regulatory requirements, initial unavailability during operations or technological considerations) or unwarranted (including secondary environmental impacts such as increased use of chemicals, surface activities, and other items that may be adverse to public health, safety or welfare) by the city manager, in which case the following criteria apply:

1.

The operator must prepare and submit a supply assessment study of all water resources available for use and submit the study for review to the city manager.

2.

If the study indicates that potable water is the only feasible or warranted alternative then the operator may utilize such a water source under appropriate conditions as determined by the city manager.

B.

New electrical power may be routed underground from the nearest source adequate to meet the needs of the well site if undergrounding is required for other uses in the vicinity as determined by the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.030 - On-site storage and placement of equipment.

No equipment shall be stored or placed on the site, which is not either essential to the everyday operation of the oil or gas well located thereon or required for emergency purposes.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.031 - Safety assurances and emergency/hazard management.

The following measures shall be implemented throughout the operation of any oil or gas site or project subject to this chapter.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.031.1 - Fire prevention safeguards.

A.

All oil and gas site operations shall conform to all applicable fire and safety regulations, codes, and laws.

B.

The oil and gas site shall be kept free of debris, pools of oil, water or other liquids, weeds, and trash.

C.

Land within twenty-five (25) feet of the facilities shall be kept free of dry weeds, grass, rubbish or other combustible material at all times.

D.

All equipment, facilities, and design shall be approved by the Kern County Fire Department, as applicable and as it may require, prior to approval of a CUP or DA.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with DOGGR regulations for blowout prevention and will provide all equipment as stipulated in the DOGGR regulations during the drilling operations of any well.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

The operator shall immediately inspect all oil and gas-related facilities, equipment, and pipelines following any seismic event with a magnitude of 4.0 or greater with an epicenter within ten (10) kilometers (km) of the oil and gas site, magnitude 4.5 or greater within thirty (30) km, or magnitude 6.0 within one hundred (100) km.

B.

The operator shall either, (1) Operate and maintain an accelerometer at the project site or (2) Obtain real time data from the USGS to determine the earthquake magnitude of any seismic event in the area. The operator shall immediately inspect all project site pipelines, facilities, equipment, storage tanks, and other infrastructure following any seismic event above the thresholds defined in 17.46.31.3.A and promptly notify the city engineer and the city manager of the results of the inspection within twenty-four (24) hours of the seismic event. Shall there be any structural damage or equipment failure as a result of any seismic event, the operator shall isolate and address any damage or equipment failure as appropriate to minimize environmental or safety impacts. The operator shall prepare and submit a written report of all inspections and findings to the city for review with one (1) week of the seismic event.

C.

The operator shall not reinstitute operations at those portions of the project site and associated pipelines damaged by a seismic event until the damage has been repaired and confirmed by the operator to be structurally sound and safe for operation, and has passed any otherwise required inspection. Before returning any damaged structure, fixture or equipment to operation, the operator shall prepare and submit to the city manager a written report of inspections and repairs of that structure, fixture or equipment, and the results of any required inspection.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall install tank leak detection monitoring system that will indicate the physical presence of a leaked product underneath storage tanks on site that have the potential to result in soil contamination. The results of the monitoring shall be submitted to the city manager upon request. The monitoring system required by 14 California Code of Regulations Section 1773.2 is sufficient. This section does not apply to existing facilities.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator is responsible for compliance with safety and emergency response requirements.

A.

Copies of all emergency response plans, emergency action plans, oil spill plans, inspections, reports and any emergency response drill training as required by DOGGR, CalEPA, OSHA, Kern County Fire Department, SJVAPCD or any other agency shall be submitted to the city.

B.

Safety audit. The operator shall cause to be prepared an independent third-party audit, under the direction and supervision of the city, of all facilities, once constructed or within one (1) year of the adoption of this chapter, including the well pads, to ensure compliance with the California Fire Code (as may be adopted by the city with modifications as applicable), applicable API and NFPA codes, EPA RMP, OSHA PSM, DOGGR and SPCC and emergency response plans requirements. All audit items shall be implemented in a timely fashion, and the audit shall be updated annually, as may be directed by the city and the Kern County Fire Department. The operator shall also cause to be prepared a seismic assessment, including walkthroughs, of equipment to withstand earthquakes prepared by a registered structural engineer in compliance with Local Emergency Planning Committee Region 1 CalARP guidance and the seismic assessment shall be updated, with walkthrough inspections, annually to ensure compliance with the codes and standards at the time of installation.

C.

Community alert system. If the site is within six hundred (600) feet of any prohibited zoning as listed in Table 1-1, the operator shall implement a community alert notification system, or utilize an existing system operated by the police, sheriff or fire department, to automatically notify area residences and businesses in the event of an emergency at an oil or gas site that would require residents to take shelter or take other protective actions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall implement the following measures throughout the operations of any oil and gas site subject to this chapter:

A.

Solid waste disposal. Solid waste generated on the site shall be transported to a permitted landfill or hazardous waste disposal site as may be appropriate for the life of the operation. The operator shall provide written notice to the city manager of the landfill or hazardous waste disposal facility being utilized.

B.

Site waste removal. The operator shall comply with the following provisions:

1.

All drilling and workover waste shall be collected in enclosed bins. Any drilling and workover wastes that are not intended to be injected into a Class II Well, as permitted by DOGGR, shall be removed from the project site no later than thirty (30) days following completion of the drilling and workover.

2.

No site waste shall be discharged into any sewer unless permitted by the sanitation district, or into any storm drain, irrigation system, stream, or creek, street, highway, or drainage canal. Nor shall any such wastes be discharged on the ground.

C.

Storage of hazardous materials. The operator shall submit to the city manager a copy of the hazardous material business plan, as reviewed by the Kern County Fire Department, annually. This plan shall include a complete listing and quantities of all chemicals used onsite, and provide the location of where hazardous materials are stored at the site. Hazardous materials shall be stored in an organized and orderly manner, and identified as may be necessary to aid in preventing accidents, and shall be reasonably protected from sources of external corrosion or damage to the satisfaction of the Fire Chief of the Kern County Fire Department or designee.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Throughout the operation of any oil and gas site subject to this chapter, NGLs, as defined by this code, shall be blended with crude oil for shipment by pipeline to the maximum extent allowable within the technical specifications of the pipeline. Oil transportation pipelines and gas processing facilities shall be designed to maximize the blending of NGLs into the crude oil stream.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.031.6.2 - Transportation risk management and prevention program (TRMPP).

If the transportation routes of any product from oil and gas development in the city passes through or adjacent to any prohibited zoning as listed in Table 1-1, excluding designated truck routes, the operator shall prepare and maintain a Transportation Risk Management and Prevention Program which shall be

provided to the city manager upon request. The TRMPP may contain the following components including, but not limited to:

A.

Provisions for conducting comprehensive audits of carriers biennially to assure satisfactory safety records, driver hiring practices, driver training programs, programs to control drug and alcohol abuse, safety incentive programs, satisfactory vehicle inspection and maintenance procedures, and emergency notification capabilities. The operator shall submit to the city any audits that were conducted each calendar year.

B.

Provisions for allowing only carriers which receive a satisfactory rating under the above audit process to transport oil and gas.

C.

Truck loading procedures for ensuring that the truck driver conducts and documents in writing a visual inspection of the truck before loading and procedures to specify actions to be taken when problems are found during the visual inspection.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

All new offsite DOT oil pipelines shall use a supervisory control and data acquisition (SCADA-type) monitoring system for leak detection; unless the city manager determines that there is better available technology that shall be utilized instead. Flow meters used on the SCADA system shall be accurate to within one percent (1%). If a leak is detected the operator shall be responsible for immediately reporting it to the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Throughout operation of an oil and gas site, the operator shall comply with the following environmental resource management policies.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

A.

Environmental Quality Assurance Program ("EQAP"). The operator shall comply with all provisions of an environmental quality assurance program that has been accepted by the city manager and approved as part of a CUP or DA. For oil and gas sites that are existing at the time of the adoption of this chapter and are not required to have a CUP, completion of the requirements of section 17.46.031.5.B satisfies the requirements of section 17.46.032.1. The following provisions relate to the EQAP:

1.

EQAP requirements. The EQAP shall provide a detailed description of the process, individual steps, and submissions, the operator shall take to assure compliance with all provisions of this section, including but not limited to, all of the monitoring programs called for by this section.

2.

Annual EQAP reports. Within sixty (60) days following the end of each calendar year, the operator shall submit to the city manager an annual EQAP report that reviews the operator's compliance with the provisions of the EQAP over the previous year and addresses such other matters as may be requested by the city manager. The annual EQAP report shall include the following:

i.

A complete list and description of any and all instances where the provisions of the EQAP, or any of the monitoring programs referred to therein or in this section, were not fully and timely complied with, and an analysis how compliance with such provisions shall be improved over the coming year.

ii.

Results and analyses of all data collection efforts conducted by the operator over the previous year pursuant to the provisions of this section.

3.

EQAP updates. Proposed updates to the EQAP shall be submitted to the city manager for approval along with the annual EQAP report. The city manager shall complete the review of EQAP updates as soon as practicable, and shall either approve the updated EQAP or provide the operator with a list of specific items that must be included in the EQAP prior to approval. The operator shall respond to any request for additional information within thirty (30) days of receiving such request from the city manager and shall modify the proposed EQAP update consistent with the city manager's request.

B.

Publically available monitoring data. The operator shall be responsible for making current monitoring results and data available to the public unless otherwise required by law. The up-to-date monitoring data and results shall be maintained by the operator. The monitoring results and data shall include the following information:

1.

Air quality data (if required to be collected);

2.

Wind direction speed (if required to be collected);

Seismic events;

4.

Water quality monitoring results for both surface and groundwater monitoring locations at an oil or gas site, or from nearby groundwater monitoring location(s), as authorized by the city manager;

5.

Pipeline testing and monitoring results;

6.

Vibration (if required to be collected); and

7.

Ambient noise levels (if required to be collected).

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.032.2 - Air quality.

The operator shall at all times conduct oil or gas site operations to prevent the unauthorized release, escape, or emission of dangerous, hazardous, harmful and/or noxious gases, vapors, odors, or substances, and shall comply with the following provisions:

A.

Odor minimization. If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, or if three (3) odor complaints from three (3) different citizens of the city have been confirmed by the SJVAPCD or the city within any 12-month period, at all times the operator shall comply with the provisions of an odor minimization plan that has been approved by the city manager. The plan shall provide detailed information about the site and shall address all issues relating to odors from oil or gas operations. Matters addressed within the plan shall include setbacks, signs with contact information, logs of odor complaints, method of controlling odors such as flaring and odor suppressants, and the protocol for handling odor complaints. The odor minimization plan shall be reviewed and updated by the operator on an annual basis to determine if modifications to the plan are required. Any modifications to the odor minimization plan shall be submitted to the city manager for review and approval. Any operator's submissions to the SJVAPCD shall be provided to the city manager and shall be consistent with Section 17.46.031.2.

B.

Portable flare for drilling. If the well is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, and either the historical operations of the producing zone have exhibited a gas-oil ratio (scf/bbl) of more than four hundred (400) or no data is available on the producing zone targeted, the operator shall have a gas buster and a portable flare, approved by the SJVAPCD, at the oil and gas site and available for immediate use to remove any gas encountered during drilling and abandonment operations from well muds prior to the muds being sent to the shaker table, and to direct such gas to the portable flare for

combustion. The portable flare shall record the volume of gas that is burned in the flare. The volume of gas burned in the flare shall be documented in the operations logs. The operator shall notify the Fire Chief of the Kern County Fire Department and the SJVAPCD within forty-eight (48) hours in the event a measurable amount of gas is burned by the flare, and shall specify the volume of gas that was burned in the flare. All other drilling and abandonment operations shall be conducted so that any measurable gas that is encountered can, and will, be retained in the wellbore until the gas buster and portable flare are installed on the rig, after which the gas will be run through the system to flare. The operator shall immediately notify the Fire Chief of the Kern County Fire Department and the SJVAPCD in the event any gas from operation is released into the atmosphere without being directed to and burned in the flare.

C.

Odor control for drilling operations. If the well is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1 and either the historical operations of the producing zone have exhibited a gas-oil ratio of more than four hundred (400) (scf/bbl) or no data is available on the producing zone targeted, the operator shall use an enclosed mud system that directs all mud vapors through an odor capturing system, such as a carbon bed, to prevent odorous pollutants from passing the site boundaries and impacting the area. An odor suppressant spray system may be used on the mud shaker tables for all drilling operations to ensure that no odors from said operations can be detected at the outer boundary line of the oil and gas site.

D.

Closed systems. The operator shall ensure that all produced water, gas and oil associated with production, processing, and storage, except those used for sampling only, are contained within closed systems at all times and that all pressure relief systems, including tanks, vent to a closed header and flare-type system to prevent emissions of pollutants. This subsection does not apply to existing facilities.

E.

No open pits are allowed.

F.

Off-road diesel construction equipment engines. All off road diesel construction equipment shall comply with the following provisions:

1.

Utilize California Air Resources Board ("CARB") EPA Certification Tier III or other methods approved by the CARB as meeting or exceeding the Tier III standard.

2.

Utilize a CARB Level 3 diesel catalyst. The catalyst shall be capable of achieving an eighty-five percent (85%) reduction for diesel particulate matter. Copies of the CARB verification shall be provided to the city manager. Said catalysts shall be properly maintained and operational at all times when the off-road diesel

construction equipment is in use. Use of an EPA Certification Tier 4i engine will also satisfy this requirement.

G.

Drill rig engines. All drilling rig diesel engines shall comply with the following provisions:

1.

Utilize CARB/EPA Certification Tier III or better certified engines.

2.

Utilize a CARB Level 3 diesel catalyst. The catalyst shall be capable of achieving an eighty-five percent (85%) reduction for diesel particulate matter. Copies of the CARB verification shall be provided to the city manager. Said catalysts shall be properly maintained and operational at all times when the off-road diesel construction equipment is in use. Use of an EPA Certification Tier 4i engine will also satisfy this requirement.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.032.3 - Greenhouse gas emissions and energy efficiency measures.

A.

The operator of an oil and gas site shall completely offset all emissions from the oil and gas site through participation in the statewide cap and trade program, if applicable, or obtaining credits from another program as approved by the city manager. On an annual basis, the operator shall provide the city manager with documentation of the operator's participation in the program. This section does not apply to existing facilities.

B.

Throughout the oil and gas site life, as equipment is added or replaced, cost-effective energy conservation techniques shall be incorporated into project design.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

If the site is within one thousand (1,000) feet of any prohibited zoning as listed in Table 1-1, at all times the operator shall comply with the provisions of an air monitoring plan that has been approved by the city manager. During all well operations, including but not limited to drilling, re-drilling and workover operations, the operator shall continuously monitor for hydrogen sulfide, in a manner that allows for detection of pollutants from all wind directions, as approved by the city manager. Total hydrocarbon vapors shall be monitored at drilling, workover and processing plant areas as specified in the approved plan. Such monitors shall provide automatic alarms that are triggered by the detection of hydrogen sulfide or total hydrocarbon vapors. The alarms shall be audible and/or visible to the person operating the equipment. Actions to be taken shall be as follows when specified alarm levels are reached:

A.

At a hydrogen sulfide concentration of equal to or greater than five (5) parts per million but less than ten (10) parts per million, the operator shall immediately investigate the source of the hydrogen sulfide emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling or workover log. If the concentration is not reduced to less than five (5) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover operations and equipment in a safe and controlled manner, until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard.

B.

At a hydrogen sulfide concentration equal to or greater than ten (10) parts per million, the operator shall promptly shut down the drilling or workover operations and equipment in a safe and controlled manner until the source of the hydrogen sulfide emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling or workover log. When an alarm is received, the operator shall promptly notify the Kern County Fire Department, the city manager, and the SJVAPCD.

C.

At a total hydrocarbon concentration equal to or greater than five hundred (500) parts per million but less than one thousand (1,000) parts per million, the operator shall immediately investigate the source of the hydrocarbon emissions and take prompt corrective action to eliminate the source. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log for the oil and gas site. If the concentration is not reduced to less than five hundred (500) parts per million within four (4) hours of the first occurrence of such concentration, the operator shall shut down the drilling or workover, or site operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard.

D.

At a total hydrocarbon concentration equal to or greater than one thousand (1,000) parts per million, the operator shall promptly shut down the drilling or workover or operations in a safe and controlled manner, until the source of the hydrocarbon emissions has been eliminated, unless shutdown creates a health and safety hazard. The corrective action taken shall be documented in the drilling log for drilling or workover and in the log. When an alarm is received, the operator shall promptly notify the Kern County Fire Department - Health Hazardous Materials Division, and the SJVAPCD.

E.

The city manager may also require additional monitoring at the closest residential receptor periodically for hydrogen sulfide, hydrocarbons or Toxic Air Contaminants. All the monitoring equipment shall keep a record of the levels of total hydrocarbons and hydrogen sulfide detected at each of the monitors, which shall be retained for at least five (5) years. The operator shall, on a quarterly basis, provide a summary of all monitoring events where the hydrogen sulfide concentration was at five (5) parts per million or higher and the total hydrocarbon concentration was at five hundred (500) parts per million or higher to the Fire Chief of

the Kern County Fire Department. At the request of the fire chief, the operator shall make available the retained records from the monitoring equipment.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall at all times conduct operations to avoid any adverse impacts to surface and groundwater quality, and shall comply with the following provisions.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with all provisions of a potable water management plan that has been approved by the city manager. The plan shall include best management practices, water conservation measures, and the use of a drip irrigation system. The water management plan shall be reviewed by the operator every three (3) years to determine if modifications to the plan are required. Any modifications to the water management plan shall be submitted to the city manager for review and approval. This section does not apply to existing facilities.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Construction Storm Water Pollution Prevention Plan ("SWPPP"). The operator shall maintain and implement all provisions of a storm water pollution prevention plan ("SWPPP") that has been submitted to the Regional Water Quality Control Board, if required. The operator shall provide the city manager with a copy of the SWPPP, and any future modifications, revisions, or alterations thereof, or replacements therefore upon written or verbal request of the city manager. The SWPPP shall be updated prior to new construction activities as required by the Regional Water Quality Control Board.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.032.5.3 - Groundwater quality.

A.

Prior to any new development, the operator shall prepare and submit a baseline study of all groundwater resources located within and beneath the project site or directly adjacent to the site, to specifically include an analysis of the location and reservoir characteristics of all existing groundwater resources, a chemical analysis of the groundwater, and an overall assessment of the groundwater quality. Nothing in this section shall authorize the operator to trespass on private property including private wells; operator shall use reasonable efforts to obtain permission from private wells. Upon determining that the testing data for said well(s) is otherwise not publically available, the operator may make a showing of reasonable efforts to obtain permission to access private wells to the city manager. Upon such a showing, and a deposit by the operator to cover the costs noticing, the city manager may send out notices requesting access to the private wells for sampling purposes. If data from nearby private wells is not available, the operator may rely on data from the two (2) closest public wells.

B.

The operator shall not inject any water spoils/wastewater derived from the any oil or gas operations into any non-exempt freshwater aquifers.

C.

Upon indication that groundwater contamination has occurred and where there is a reasonable probability it could be related to oil and gas activities at the site, within thirty (30) days of request by the city the operator shall deposit funds with the city necessary to retain a third party to prepare a hydrological analysis Groundwater Testing Program, or alternately, provide comparable analyses performed through the Groundwater Ambient Monitoring and Assessment Program or other reliable source as determined by the city manager. Based on the results of the geo-hydrological analyses, the city manager has the discretion to require the operator to install one (1) or more groundwater monitoring wells to allow for confirmation that groundwater is not being affected by oil and gas activities. As part of the Groundwater Testing Program the operator is required to provide the city manager with annual monitoring and testing results.

D.

The operator shall be responsible for obtaining a field/site study from DOGGR. If DOGGR does not provide this to the operator then the operator shall submit evidence detailing DOGGR's response to their field/site study request to the city manager for review.

E.

The operator shall provide to the city manager a copy of the DOGGR Annual Injection Project Review (if the operator is operating a water injection or water disposal well) upon written or verbal request by the city manager. The operator shall provide to the city manager the results of any DOGGR required cement casing integrity testing, including radial cement evaluation logs or equivalent upon written or verbal request by the city manager, before any wells are put into production.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

All facilities at an oil or gas site located within six hundred (600) feet of any prohibited zones, as indicated in Table 1-1, or if noise levels exceed city thresholds as confirmed by the city manager, operations shall comply with the following provisions:

A.

All noise produced from the site shall conform to the noise thresholds specified in Table 4 - Noise Standards For Land Use Compatibility.

B.

Backup alarms on all vehicles operating within six hundred (600) feet of the prohibited zone in Table 1-1, shall be disabled between the hours of 6:00 p.m. and 8:00 a.m. During periods when the backup alarms are

disabled, the operator shall employ alternative low-noise methods for ensuring worker safety during vehicle backup, such as the use of spotters.

C.

Any and all operations, construction, or activities on the site between the hours of 6:00 p.m. and 8:00 a.m. shall be conducted in conformity with a quiet mode operation plan that has been approved by the city manager. The quiet mode operation plan shall be reviewed by the operator every year to determine if modifications to the plan are required. Any modifications to the quiet mode drilling plan shall be submitted to the city manager for review and approval. Operations that are existing at the time this chapter is adopted are exempt from the quiet mode plan submittal requirements but are required to comply with the quiet mode provisions listed in section 17.46.08.1.J.

D.

All noise producing oil and gas site equipment shall be regularly serviced and repaired to minimize increases in pure tones and other noise output over time. The operator shall maintain an equipment service log for all noise-producing equipment.

E.

All construction equipment shall be selected for low-noise output. All construction equipment powered by internal combustion engines shall be properly muffled and maintained.

F.

Unnecessary idling of construction equipment internal combustion engines is prohibited.

G.

The operator shall instruct employees and subcontractors about the noise provisions of this chapter. The operator shall prominently post quiet mode policies at every oil and gas site if applicable.

H.

All oil operations on the oil and gas site shall be conducted in a manner that minimizes vibration. Additionally, vibration levels from oil or gas operations at the site, as measured from the perimeter of the oil or gas site, shall not exceed a velocity of 0.25 mm/s over the frequency range one (1) to one hundred (100) Hz.

I.

For all oil and gas operations if noise levels exceed the levels prescribed in Table 4 - Noise Standards For Land Use Compatibility or the vibration thresholds specified in Subsection (H) of this section, including those outside of six hundred (600) feet as indicated above, within thirty (30) days of request by the city manager, the operator shall deposit funds for the city manager to retain an independent qualified acoustical engineer to monitor (1) ambient noise levels and (2) vibration levels in the areas surrounding the oil or gas site as determined necessary by the city manager. The monitoring shall be conducted unannounced and within a time frame specified by city manager. Should noise or vibrations from the oil or gas site exceed the

noise thresholds specified in Table 4 - Noise Standards for Land Use Compatibility of the Noise Element of the General Plan or the vibration thresholds specified in Subsection (H) of this section, operation can also be subject to enforcement under this chapter including notices of violation per Section 17.46.015. No new drilling permits, CUPs, or DAs shall be issued by the city until the operator in consultation with the city manager identifies the source of the noise or vibration and the operator takes the steps necessary to assure compliance with thresholds specified in this chapter. The results of all such monitoring shall be promptly posted on the website for the oil or gas site and provided to the city manager.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with all of the following provisions:

A.

All DOGGR regulations related to drilling, workovers, operations and abandonment operations.

B.

No more than two (2) rigs shall be present within the oil or gas site at any one (1) time.

C.

All derricks and portable rigs and masts used for drilling and workovers shall meet the standards and specifications of the American Petroleum Institute as they presently exist or as may be amended.

D.

All drilling and workover equipment shall be removed from the site within ninety days following the completion of drilling or workover activities unless the equipment is to be used at the site within thirty (30) days for drilling or workover operations.

E.

All drilling sites shall be maintained in a neat and orderly fashion.

F.

Belt guards shall be required over all drive belts on drilling and workover equipment. Guarding shall be as required by Title 8 of the California Code of Regulations, Section 6622, or as may be subsequently amended.

G.

Aboveground pumpjack assemblies are prohibited for new wells located in non-industrial and nonagricultural areas, and new wells in non-industrial areas sites are restricted to the exclusive use of submersible downhole pumping mechanisms for extraction. However, any well already lawfully existing at the time of implementation of this chapter using a pumpjack assembly may continue to do so. The requirements of this subsection are applicable to all oil and gas sites in all non-industrial zones and non-

agricultural zones except where the city manager determines that the use of submersible downhole pumping mechanisms is infeasible due to technical reasons or other circumstances which would specifically preclude the use of such technology (including field and well specific flowrates and fluid types) or render its use less desirable (such as increased environmental impacts, surface impacts, or other issues related to public health, welfare or safety).

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

The operator shall comply with the following provisions related to pipelines throughout operation of an oil or gas site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.034.1 - Pipeline installations and use.

A.

Pipelines shall be used to transport oil and gas off-site to promote traffic safety and air quality, unless it can be demonstrated to the satisfaction of the city manager that a pipeline is not reasonably feasible (which may include proximity of pipelines to prohibited uses, production volumes resulting in less than one (1) truck delivery trip per week, etc.) and that transportation of products do not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes. Trucking on a temporary basis is allowed with approval of the city manager.

B.

The use of a pipeline for transporting crude oil or gas may be a condition of approval for expansion of existing facilities or construction of new facilities unless it can be demonstrated to the satisfaction of the city manager that a pipeline is infeasible and that transportation of products do not pass through or adjacent to prohibited areas as defined in Table 1-1, except on designated truck routes.

C.

New pipeline corridors shall be consolidated with existing pipeline or electrical transmission corridors where feasible, unless there are overriding technical constraints or significant social, aesthetic, environmental or economic reasons not to do so, as approved by the city manager.

D.

New pipelines shall be routed to avoid residential, recreational areas, and schools if possible. Pipeline routing through recreational, commercial or special use zones shall be done in a manner that minimizes the impacts of potential spills by considering spill volumes, durations, and projected spill paths. New pipeline segments shall be equipped with automatic shutoff valves, or suitable alternatives approved by the city manager, so that each segment will be isolated in the event of a break.

E.

Upon completion of any new pipeline construction, the site shall be restored to the approximate previous grade and condition. All sites previously covered with vegetation shall be reseeded with the same or recovered with the previously removed vegetative materials, and shall include other measures as deemed necessary to prevent erosion until the vegetation can become established, and to promote visual and environmental quality, unless there are approved development plans for the site, in which case revegetation would not be necessary.

F.

Gas from wells shall be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality, and to reduce fire hazards and light sources, unless the SJVAPCD approves the flaring of gas during the temporary operation of an well. Oil shall also be piped to centralized collection and processing facilities, in order to minimize land use conflicts and environmental degradation, and to promote visual quality.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.034.2 - Pipeline inspection, monitoring, testing and maintenance.

A.

Operators shall visually inspect all aboveground pipelines for leaks and corrosion on a monthly basis.

B.

The operator shall install a leak detection system for all offsite DOT regulated oil and gas pipelines. The leak detection system for oil shall include pressure and flow meters, flow balancing, supervisor control and data acquisition system, and a computer alarm and communication system in the event of a suspected leak. The leak detection system for gas pipelines shall include pressure sensors. The accuracy shall be defined once the system is established and tested and approved by the city manager. The city manager may deviate from these requirements to address system specific operating requirements.

C.

Pipe clamps, wooden plugs or screw-in plugs shall not be used for any permanent repair approved by the city manager.

D.

Pipeline abandonment procedures shall be submitted to the city manager for review and approval prior to any pipeline abandonment.

E.

Copies of pipeline integrity test results required by any statute or regulation shall be maintained in a local office of the operator and posted online on the same website that provides the monitoring results required in Section 17.46.032.1 for five (5) years and shall also made available to the city, upon request. The city shall be promptly notified in writing by the operator of any pipeline taken out of service due to a test failure.

During full production of an oil or gas site no temporary buildings are allowed to be constructed or maintained anywhere at the site.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

17.46.036 - [Reserved]

17.46.037 - [Reserved]

Part 3. - Development Standards for Site Abandonment and Redevelopment

The following development standards shall be applied to all redevelopment projects within the footprint of an oil or gas site, including any building permit involving a current or former oil or gas site:

A.

Any demolition, abandonment, re-abandonment, or restoration shall be adequately monitored by a qualified individual, funded by the permittee or operator and retained by the city, to ensure compliance with those conditions designed to mitigate anticipated significant adverse effects on the environment and to provide recommendations in instances where effects were not anticipated or mitigated by the conditions imposed on the permit or entitlement. Pre-restoration and post- restoration surveys of sensitive biological resources shall be employed as appropriate to measure compliance.

B.

The site shall be assessed for previously unidentified contamination.

1.

The permittee shall ensure that any discovery of contamination shall be reported to the city manager and the Kern County Fire Department.

C.

The permittee shall diligently seek all necessary permit approvals, including revisions to an entitlement or the demolition. Abandonment, re-abandonment and restoration permit, if any are required, in order to remediate the contamination.

D.

The permittee shall be responsible for any cost to remediate the contamination on the site. This chapter is not intended to limit the permittee or operator's rights under the law to seek compensation from parties who have contributed to contamination of the site.

E.

The permittee shall ensure that appropriate notification has been recorded with the county recorder to describe the presence and location of any contamination left in place under the authority of the Kern

County Fire Department.

F.

All abandoned or re-abandoned wells shall be leak tested subject to the following requirements:

1.

All abandoned wells located within on the oil and gas site must be tested for gas leakage and visually inspected for oil leakage. The operator shall apply to the city manager for an inspection permit to witness the well testing. The leak test shall be completed utilizing a gas detection meter approved in advance by the city manager, and shall be conducted by a state licensed geotechnical or civil engineer or a state registered environmental assessor, Class II, or the city manager, or a designee, as determined necessary by the city manager.

2.

The permitee shall prepare and submit a methane assessment report for each tested well prepared per the City of LA Department of Building and Safety "Site Testing Standards for Methane" (P/BC 2014-101), as may be amended, or equivalent standards as may be approved by the city manager. The operator may use the city's consultant to observe the leak test or be responsible for city consultant test fees.

3.

The submitted methane assessment report shall be prepared by a state licensed geotechnical or civil engineer. A well shall be considered leaking if the leak test report indicates the meter read is greater than Level II as defined by the City of LA Department of Building and Safety "Site Testing Standards for Methane", which is set at one thousand (1,000) parts per million.

4.

An approved methane assessment report is valid for twenty-four (24) months from approval by the city manager. If an abandonment permit has not been issued by this time, retesting shall be required. Following all testing and inspection, the test area shall be returned to its previous state to the satisfaction of the city building official.

5.

If there has not been a change to the well and no indicia of a leak, no leak test is required if a valid methane assessment report, accepted by the city manager and showing no leaks in excess of the leak limit, has been completed for an abandoned or re-abandoned well.

6.

If evidence is provided that a well has been abandoned or re-abandoned per DOGGR standards, and if evidence is provided to the city manager that the likelihood of methane release is low given local field conditions, etc., the city manager may waive a methane assessment report if detection at the site is less than one thousand (1,000) parts per million,

G.

Prior to any development or redevelopment of a current or former oil or gas site, or prior to abandoning or re-abandoning any well, the operator shall:

1.

Obtain permit(s) and abandon all idled wells consistent with Section 17.46.011.3 and provide a certificate of compliance to show that the wells and/or sites are abandoned consistent with standards recommended or required by DOGGR to the satisfaction of the city manager. Permits shall not be required if the idled well is scheduled to produce oil or natural gas, or to be used for injection, as part of the development or redevelopment of a former oil or gas site and if said production or injection occurs within five (5) years of issuance of a CUP or DA under this chapter.

2.

Obtain permit(s) consistent with Section 17.46.011.3 to re-abandon all previously abandoned wells that do not meet standards recommended or required by DOGGR for abandonment in effect at the time of reabandonment, and provide a certificate of compliance that the wells and/or sites are re-abandoned consistent with current conditions and standards recommended or required by DOGGR to the satisfaction of the city manager. Permits shall not be required if re-entry of an abandoned well is scheduled to occur within five (5) years of issuance of a CUP or DA under this chapter, and if re-entry actually occurs within that period of time.

3.

In lieu of Subsections (1) and (2), above, obtain a deferral covenant from the city requiring abandonment or re-abandonment to standards recommended or required by DOGGR, or equivalent standards as determined by the city manager, at a specific time or upon the occurrence of a future event. The deferral covenant shall be approved as to form by the city attorney, contain a provision to indemnify and hold harmless the city for damages related to wells not abandoned or re-abandoned consistent with standards recommended or required by DOGGR, and shall be recorded by the operator with the county clerk prior to approval. In addition to a deferral covenant, the city manager may require a bond or deposit to cover the estimated cost of future abandonment.

H.

Other development standards:

1.

Permanent structures, or other construction that would be difficult or expensive to demolish, shall not be located on top of any abandoned oil or gas well such that access for a well abandonment rig or other well maintenance equipment is constrained or inhibited from access to the well in the event of a future oil or gas leak, unless it can be demonstrated to the satisfaction of the city manger that it is not feasible or, within an industrial zone, the developer proposing such construction provides written assurances to the satisfaction of the city manager, to be included in the recorded declaration of covenant prescribed in Subsection 3, below, that they are aware of and accept the risks associated with such construction. Pervious

improvements, such as landscaping and porous parking areas with adequate landscape buffers, may be located on top of an abandoned or re-abandoned well which has passed the leak test consistent with this section.

2.

Redevelopment of a former oil and gas site: If redevelopment of an oil and gas site for use other than an oil and gas operation is proposed at a completely or partially abandoned oil or gas site, the applicant shall submit an application to be processed as a conditional use permit consistent for that use under this Code. Said application shall include the content required by Section 17.46.011.3.2, and the conditional use permit shall comply with the development standards of Section 17.46.038.

3.

Prior to issuance of a permit or entitlement for redevelopment of a former oil and gas site, the owner shall record a declaration of a covenant, in a form subject to the review and approval of the city attorney, putting future owners and occupants on notice of the following: The existence of abandoned oil wells on the site; that the wells within the site have been leak tested and found not to leak; description of any methane mitigation measures employed; a statement as to whether or not access to these wells has been provided

a covenant, in a form subject to the review and approval of the city attorney, putting future owners and occupants on notice of the following: The existence of abandoned oil wells on the site; that the wells within the site have been leak tested and found not to leak; description of any methane mitigation measures employed; a statement as to whether or not access to these wells has been provided

to address the fact that they may leak in the future causing potential harm; acknowledgment that the state may order the re-abandonment of any well should it leak in the future; acknowledgment that the state does not recommend building over wells; and releasing and indemnifying the city for issuing any project permit or entitlement for the project, along with notice of the assurances, if any, required by Subsection 1, above. The covenant shall run with the land, apply to future owners, and may only be released by the city.

(Ord. No. 451, § 3(Exh. B, § 2), 7-17-2018)

Chapter 17.47 - RECYCLING FACILITIES

Sections:

A.

No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table. As used in the table, "alternative permit" is the permit that may be sought for the applicable recycling uses if the required permit is denied, or at the discretion of an applicant who does not want to meet the standards for an administrative permit.

B.

In addition to the permits described in the above table a reverse vending machine(s) or a small collection facility may also be allowed in special zones which allow uses permitted in commercial or industrial zones with an administrative permit; and a large collection facility or processing facility may be allowed in agricultural zones with an administrative permit; and a large collection facility or processing facility may be allowed in agricultural zones with a conditional use permit.

(Ord. 227 §2 (part), 1988).

A single administrative permit may be granted to allow more than one (1) reverse vending machine(s) or small collection facility located on different sites under the following conditions:

A.

The operator of each of the proposed facilities is the same;

B.

The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity; and

C.

All of the applicable criteria and standards set forth in Section 17.47.030 are met for each such proposed facility.

(Ord. 227 §2(part), 1988).

Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a minor use permit, conditional use permit, or site development permit shall meet the applicable criteria and standards, provided that the director of planning,

planning commission or city council/board of supervisors, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purpose of this title.

The criteria and standards for recycling facilities are as follows:

A.

Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones with an administrative use permit; provided, that they comply with the following standards:

1.

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

2.

Shall be located within thirty feet (30') of the entrance to commercial structure and shall not obstruct pedestrian or vehicular circulation;

3.

Shall not occupy parking spaces required by the primary use;

4.

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet (8') in height;

5.

Shall be constructed and maintained with durable waterproof and rustproof material;

6.

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

7.

Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions;

8.

Shall be maintained in a clean, litter-free condition on a daily basis;

Operating hours shall be at least the operating hours of the host use;

10.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

B.

Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:

1.

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

2.

Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

3.

Shall be set back at least ten feet (10') from any street line and shall not obstruct pedestrian or vehicular circulation;

4.

Shall accept only glass, metals, plastic containers, paper and reusable items. Used motor oil may be accepted with permission of the local public health official;

5.

Shall use no power-driven processing equipment except for reverse vending machines;

6.

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

7.

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

8.

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

Shall not exceed noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA;

10.

Attended facilities located within one hundred feet (100') of a property zoned or occupied for residential use shall operate only during the hours between nine (9:00) a.m. and seven (7:00) p.m.;

11.

Containers for the twenty-four (24) hour donation of materials shall be at least thirty feet (30') from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;

12.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

13.

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of twenty percent (20%) per side or sixteen (16) square feet, whichever is larger, in addition to required informational signs; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container,

b.

Signs must be consistent with the character of the location,

c.

Directional signs, bearing no advertising message, may be installed with the approval of planning director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,

d.

The planning director may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses;

14.

The facility shall not impair the landscaping required by local ordinances for any concurrent use by this title or any permit issued pursuant thereto;

15.

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

16.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

17.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site,

c.

The permit will be reconsidered at the end of eighteen (18) months.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a commercial host use:

For a community facility host use:

A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the host use;

18.

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

C.

Large Collection Facilities. A large collection facility is one that is larger than five hundred (500) square feet, or is on a separate property not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in neighborhood commercial zones with a minor use permit and in other commercial and industrial zones with a site development permit, provided the facility meets the following standards:

1.

Facility does not abut a property zoned or planned for residential use;

2.

Facility will be screened from the public right-of-way by operating in an enclosed building, or:

a.

Within an area enclosed by an opaque fence at least six feet (6') in height with landscaping,

b.

At least one hundred fifty feet (150') from property zoned or planned for residential use, and

c.

Meets all applicable noise standards in this chapter;

3.

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

4.

All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers of flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

5.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

6.

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety;

7.

One (1) parking space will be provided for each commercial vehicle operating by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

8.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA;

9.

If the facility is located within five hundred feet (500') of property zoned, planned or occupied for residential use, it shall not be in operation between seven (7:00) p.m. and seven (7:00) a.m.;

10.

Any containers provided for after-hours donation of recyclable materials will be at least fifty feet (50') from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

11.

Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

12.

Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

13.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be

approved through a use permit process or at the discretion of the planning director if noise and other conditions are met.

D.

Processing Facilities. A light processing facility is permitted in heavy commercial zones and light industrial zones with a minor use permit. A large processor is permitted in light industrial zones with a conditional use permit. All processors are permitted in heavy industrial or manufacturing zones with a site development permit or according to the practice of the city for similar uses.

A processor will meet the following conditions:

1.

Facility does not abut a property zoned or planned for residential use;

2.

In a commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:

a.

Within an area enclosed on all sides by an opaque fence or wall not less than eight feet (8') in height and landscaped on all street frontages,

b.

Located at least one hundred fifty feet (150') from property zoned or planned for residential use;

3.

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials;

4.

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

5.

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

6.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;

7.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire chief. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

8.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

9.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding businesses and public safety;

10.

One (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located;

11.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA;

12.

If the facility is located within five hundred feet (500') of property zoned or planned for residential use, it shall not be in operation between seven (7:00) p.m. and seven (7:00) a.m. The facility will be administered by on-site personnel during the hours the facility is open;

13.

Any containers provided for after-hours donation of recyclable materials will be at least fifty feet (50") from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

14.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

16.

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. 227 §2(part), 1988).

Chapter 17.48 - AUTOMOBILE PARKING REQUIREMENTS*[[15]]

Sections:

Footnotes:

--- ( 15 ) ---

• Prior ordinance history: Ord. 51 §§3001—3010, Ord. 59 §1, and Ord. 182 Exhibit A(11).

17.48.010 - Definitions.

The term "capacity" as used herein means the maximum number of persons which may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater.

Reference herein to "employee(s) on the largest work shift" means the maximum number of employees employed at the facility regardless of whether any such person is full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

(Ord. 184 §A(part), 1983).

17.48.020 - Minimum number of parking spaces.

The following minimum number of parking spaces shall be required of the nonresidential uses specified below. The minimum size of each parking stall shall be nine (9) feet by eighteen (18) feet, exclusive of aisle width:

A.

Agriculture uses: One (1) space per one and one-half (1.5) employee on the largest shift.

B.

Agricultural support uses: One (1) space per one and one-half (1.5) employee on the largest shift, plus one (1) space per two hundred (200) square feet of gross floor area provided for customer sales and service operations.

C.

Commercial and entertainment uses.

1.

Except as specifically designated below: One (1) space per two hundred fifty (250) square feet of gross floor area of buildings intended for mixed-uses. For buildings with single occupant, one (1) space per two hundred fifty (250) [square feet] of gross floor area of customer sales and service, plus one space per three hundred (300) square feet of storage and/or gross office floor area, or, if the use has at least one hundred thousand (100,000) square feet of gross floor area, five and one-half (5.5) spaces per one thousand (1,000) square feet of gross floor area.

2.

Other commercial and entertainment uses:

a.

Banks: One (1) space per two hundred (200) square feet gross floor area, plus five (5) spaces off-street waiting (loading) spaces per drive-in lane, plus one (1) space per employee on the largest work shift.

b.

Funeral home: One (1) space per four (4) patron seats or twenty-five (25) spaces per chapel unit, whichever is greater.

c.

Grocery or supermarket: One (1) space per one hundred (100) square feet of gross floor area of customer sales and service, plus one (1) space per two hundred (200) square feet gross floor area of storage.

d.

Hospital: Two (2) spaces per three (3) patient beds, plus one (1) space per staff doctor and each other employee on the largest work shift.

e.

Hotel or motel: One (1) space per room or suite, plus one (1) space per every three (3) employees on the largest work shift, plus one (1) space per three (3) persons to the maximum capacity of each public meeting and/or banquet room, plus fifty percent (50%) of the spaces otherwise required for accessory uses (e.g. restaurants and bars).

f.

Private clubs: One (1) space per three (3) persons to the maximum capacity of the facility.

g.

Repair services: One (1) space per three hundred (300) square feet of gross floor area, plus one (1) space per employee on the largest work shift.

h.

Restaurant standard: One (1) space per three (3) patron seats or one (1) space per one hundred (100) square feet of gross floor area, Whichever is greater, plus one (1) space per employee on the largest work shift.

i.

School, commercial or trade: One (1) space per three (3) students, plus one space per employee (including facility) at capacity class attendance period.

j.

Shopping center, regional: Five (5) spaces per one thousand (1,000) square feet of gross floor area.

k.

Theaters and auditoriums: One (1) space per three (3) patrons based on maximum capacity. This requirement may be satisfied on a space-by-space basis by a facility's providing written proof that it has the use of a nearby parking lot available to its patrons (e.g., by contractual arrangement).

D.

Commercial/recreational uses:

1.

One (1) space per four (4) patrons to the maximum capacity of facility, plus one (1) space per two (2) employees on the largest work shift.

2.

Other commercial/recreational uses:

a.

Bowling alley: Five (5) spaces per lane, plus one (1) space per employee on the largest work shift.

b.

Drive-in theater: One (1) space per automobile station, plus one (1) space per employee.

c.

Golf driving range: One (1) space per tee, plus one (1) space per employee on the largest work shift.

d.

Miniature golf: One and one-half (1.5) spaces per hole, plus one (1) space per employee on the largest work shift.

e.

Outdoor theater: One (1) space per three (3) patrons to the maximum capacity of the facility inclusive of both indoor and outdoor capability.

f.

Skating rink, ice or roller: One (1) space per three hundred (300) square feet of gross floor area.

g.

Neighborhood serving commercial uses: Off-street parking as identified in section 17.50.180, Neighborhood serving commercial uses, 5.b. and c.

E.

Extraction uses: One (1) space per employee on the largest shift.

F.

Heavy industrial uses:

1.

One (1) space per one and one-half (1.5) employee of the largest shift, plus one (l) space per company vehicle normally left on the premises.

2.

Other heavy industrial uses:

a.

Truck terminal: One (1) space per employees on the largest shift, plus one (1) space per truck normally parked on the premises, plus one (1) space per three (3) patrons to the maximum capacity.

b.

Junkyards: One (1) space per ten thousand (10,000) square feet of gross land area, plus one (1) space per employee on the largest work shift.

G.

Institutional, indoor, recreational, and special residential uses:

1.

Camps, day or youth: One (1) space per employee on the largest shift, plus one (1) space per camp vehicle normally parked on the premises.

Cemetery: One (1) space per employee, plus one (1) space per four (4) visitors to the maximum capacity.

3.

Church: One (1) space per four (4) seats of maximum capacity.

4.

Community and recreation center: One (1) space per two hundred and fifty (250) square feet of gross floor area, or one (1) space per four (4) patrons to the maximum capacity, plus one (1) space per employee on the largest shift.

5.

Day or nursery school: One (1) space per teacher/ employee on the largest shift, plus one (1) off-street loading space per six (6) students.

6.

Group dwellings: One (1) space per bedroom or sleeping room.

7.

Libraries and museums: One (1) space per two hundred and fifty (250) square feet of floor area or one (1) space per four (4) seats to the maximum capacity, whichever is greater, plus one (1) space per employee on the largest shift.

8.

Monasteries, convents: One (1) space per six (6) residents, plus one (1) space per employee on the largest shift, plus one (1) space per five (5) chapel seats if the public may attend.

9.

Nursing homes: One (1) space per six (6) patient beds, plus one (1) space per employee on the largest shift, plus one (1) space per staff member and visiting doctor.

10.

Schools:

a.

Elementary and junior high: One (1) space per teacher and staff member, plus one (1) space per two (2) classrooms.

b.

Senior high: One (1) space per teacher and staff member on the largest shift, plus one (1) space per five (5) nonbussed students.

c.

College: One (1) space per staff member on the largest shift, plus one (1) space per two (2) students of the largest class attendance period.

11.

Swimming facility: One (1) space per seventy-five (75) square feet of gross water area, plus one (1) space per employee on the largest shift.

12.

Tennis, racquetball, handball courts: Four (4) spaces per court, plus one (1) space per employee on the largest shift.

H.

Light industrial uses:

1.

One (1) space per one and one-half (1.5) employee on the largest shift, plus one (1) space per company vehicle regularly stored on premises.

2.

Other light industrial uses:

a.

Mini warehouse/self storage: One (1) space per one hundred (100) storage units, plus one (1) space per three hundred (300) square feet of office area. A minimum of three (3) spaces shall be provided, plus one (1) enclosed space per caretaker's residence should one be proposed.

b.

Veterinary office with enclosed kennels and/or pens: Three (3) spaces per doctor, plus one (1) space per employee on the largest shift.

c.

Warehouse: One (1) space per employee on the largest shift, plus one (1) space per four thousand (4,000) square feet of gross floor area, plus one (1) space per three hundred (300) square feet of office area.

d.

Wholesaling and distribution: One (1) space per one thousand five hundred (1,500) square feet of use area up to ten thousand (10,000) square feet, one (1) space per five thousand (5,000) square feet over ten thousand (10,000) square feet, plus one (1) space per three hundred (300) square feet of office space.

I.

Nursery uses: One (1) space per employee on the largest shift, plus one (1) space per two hundred (200) square feet of gross floor area of inside sales or display.

J.

Office uses:

1.

One (1) space per two hundred and fifty (250) square feet of gross floor area.

2.

Other office uses:

a.

Beauty and barber shops: Three (3) spaces per operator or one (1) space per one hundred (100) square feet of gross floor area, which ever is larger, plus one (1) space per employee on the largest shift.

b.

Medical offices: Five (5) spaces per doctor.

c.

Personal services: One (1) space per two hundred (200) square feet of basement and first floor gross floor area, plus one space per three hundred (300) square feet of any additional floor area for customer service, plus one (1) space per employee on the largest shift.

K.

Outdoor recreational uses:

1.

One (1) space per four (4) expected patrons at capacity.

2.

Other outdoor recreational uses:

a.

Golf courses (nine and eighteen hole): Ninety (90) spaces per nine (9) holes, plus one (1) space per employee on the largest shift, plus fifty percent (50%) of spaces otherwise required for any accessory uses (e.g. bars, restaurants).

b.

Golf, par three: Forty (40) spaces per nine (9) holes, plus one (1) space per employee on the largest shift.

c.

Outdoor swimming pool: One (1) space per seventy-five (75) square feet of gross water area.

d.

Tennis courts: Three (3) spaces per court.

L.

Public service uses: One (1) space per employee on the largest work shift, plus one (1) space per company vehicle normally stored on the premises.

M.

Recreational rental uses: One and one-half (1.5) spaces per each recreational vehicle site, plus one (1) space per employee on the largest shift.

N.

Residential uses:

1.

Multiple family uses (duplex, apartments, condominiums, housing projects): one and one-half (1.5) spaces per dwelling unit. In the case of fractional figure, the number shall be rounded up to the next whole integer.

2.

Single-family uses (standard patio homes, village and zero lot line): Two (2) spaces per dwelling unit.

3.

Urban two-unit development: Off-street parking spaces as established under section 17.50.190, Urban two-unit development, subsection 5.

O.

Road service uses:

1.

One (1) space per two hundred (200) square feet of gross floor area, plus one (1) space per employee on the largest shift.

2.

Other road service uses:

a.

Convenient (7-11) grocery: One (1) space per one hundred (100) square feet of gross floor area.

b.

Fast food restaurant: One (1) space per fifty (50) square feet of gross floor area, plus one (1) space per employee on the largest work shift.

c.

Taverns, dancehalls, nightclubs, and lounges: One (1) space per fifty (50) square feet of gross floor area, plus one (1) space per employee on the largest shift.

d.

Vehicle sales and service: One (1) space per one thousand five hundred (1,500) square feet of gross floor area.

e.

Vehicle repair and maintenance services: One (1) space per four hundred (400) square feet of gross floor area, plus one (1) space per employee on the largest shift.

(Ord. 184 §A(part), 1983).

(Ord. No. 376, 2008; Ord. No. 496, § 17, 7-23-2024)

Nothing in this title shall prohibit the collective use of space for off-street parking; provided, that such collectively used space is equal to the sum of the requirements of each individual establishment participating in such collective use.

(Ord. 184 §C, 1983).

17.48.040 - Existing uses.

A.

No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of offstreet parking facilities prescribed in this chapter; provided, that facilities being used for off-street parking at the time of adoption of this title shall not be reduced in capacity to less than the number of spaces prescribed in this chapter or reduced in area to less than the minimum standards prescribed in this chapter.

B.

Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking facilities to serve any existing use of land or structure, provided that all regulations of this title governing design, construction, and operation of such facilities are adhered to.

(Ord. 184 §§G, H, 1983).

17.48.050 - In lieu payments.

In the C-2 district within the development plan area of the downtown revitalization element of the general plan in lieu of providing parking facilities required by the provisions of this chapter, the requirements may be satisfied by payment to the city, prior to the approval of the site permit, of an amount per parking space, prescribed by the city council, for each parking space required by this chapter, but not provided. The payment shall be deposited with the city in a special fund and shall be used exclusively for the purpose of acquiring and developing off-street parking facilities located, insofar as practical, in the vicinity of the use for which the payment was made.

(Ord. 184 §1, 1983).

On the same premises with every building, structure, or part thereof erected or occupied for manufacturing, storage, warehouse, goods displayed, department store, wholesale or retail market, hotel, restaurant, hospital, laundry, dry-cleaning plant, or other uses similarly involving the receipt or distribution of vehicles carrying, materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of the streets or alleys. Required loading space may be included within the required parking space adjacent to a building.

(Ord. 184 §B, 1983).

When the required off-street parking space is provided on a separate lot from the main building, there shall be recorded in the office of the county recorder, a covenant by the owner or owners of such lot for the benefit of the city to the effect that such owner or owners will continue to maintain such parking space so long as such building is maintained.

(Ord. 184 §D, 1983).

A.

Where such parking area abuts a street, it shall be separated by an ornamental fence, wall or compact eugenia or other evergreen hedge having a height of not less than two (2) feet and maintained at a height of not more than four (4) feet. Such a fence, wall or hedge shall be maintained in good condition.

B.

In manufacture, commercial zoned areas and where such parking area abuts property classified for R or E uses, it shall be separated by a solid masonry wall, six (6) feet in height; provided such wall, from the front property line to a depth equal to the required front yard on the abutting R or E classified property, shall be four (4) feet in height.

(Ord. No. 496, § 17, 7-23-2024)

Editor's note— Ord. No. 496, § 17, adopted July 23, 2024, repealed the former § 17.48.080, and enacted a new § 17.48.080 as set out herein. The former § 17.48.080 pertained to surface treatment and appurtenances and derived from Ord. 184, § F, 1983.

Neither a required side yard abutting a street nor a front yard shall be used for off-street parking, which provision shall not apply in the P zone; provided, however, that if there is no alley allowing access to the rear of the lot, then in order to allow access to the property, parking with a limit of two (2) cars per lot shall be allowed for off-street parking in the front of the lot, such parking area to be covered with minimum pavement.

(Ord. 184 §E, 1983).

17.48.100 - Parking lot design and improvement requirements.

A.

Ingress and egress shall be surfaced with a bituminous surface treatment or other surfacing of a higher type, and adequate drainage shall be provided.

B.

Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or foot path. Exits from parking lots shall be clearly posted with "Stop" signs and it is unlawful for a motorist to fail to stop at such sign before leaving the parking lot. Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed. Any lights used to illuminate such a parking area shall be so arranged as to reflect the light away from adjoining premises and streets.

(Ord. No. 496, § 17, 7-23-2024)

The planning commission, upon report and recommendation from the community development director, may establish off-street parking requirements when not listed in this chapter.

(Ord. No. 496, § 17, 7-23-2024)

Chapter 17.50 - MISCELLANEOUS REGULATIONS

Sections:

Nothing in this chapter or this title shall be construed or applied so as to prevent the expansion, modernization, replacement, reconstruction, repair or rebuilding and continued use of public utility

buildings, structures, equipment and facilities where there is no change of use or increase in area of land so used.

(Ord. 51 §2910, 1965).

Except where otherwise provided in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley.

(Ord. 51 §2911, 1965).

No penthouse 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 limit provided in this title. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than forty-five (45) feet above the height limit provided in this title; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 51 §2912, 1965).

Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R-2, R-3, R-4, R-S E, E-1, E-2, E-3, E-4, or E-5 zones, the rear and sideyards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 51 §2913, 1965).

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A.

No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E-5 zones may exceed two (2) stories, or thirty-five (35) feet in height;

B.

On a corner lot no detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E- 5 zones shall be located at a distance less than ten (10) feet from the side street line;

C.

No accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4 or E-5 zones if two (2) stories in height, shall be located nearer than five (5) feet to any interior property line;

D.

No accessory buildings on the rear twenty-five (25) feet of a reverse corner lot in the R-1, R-2, R-3, R-4, R- S, E, E-1, E-2, E-3, E-4 or E-5 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear;

E.

A private garage of not to exceed six hundred (600) square feet may be a part of the main building if the garage and the main building have a common wall not less than five (5) feet in length, or if not more than four (4) feet from the main building and connected thereto by a roof of not less than five (5) feet in width;

F.

One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E-5 zones, when the slope of the front half of such lot is greater than one (1) foot rise or fall in the horizontal distance of four (4) feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five (5) feet from the side or front line of the lot; and further provided that no such building shall exceed ten (10) feet in height;

G.

When garages or accessory buildings are proposed and are located in such a manner on the lot as to have any doors opening on to an alley, there shall be a ten (10) foot setback from such alley for all such buildings.

(Ord. 51 §2914, 1965).

Editor's note— Ord. No. 2023-486, § 1, adopted Oct. 24, 2023, repealed § 17.50.060, which pertained to additional dwelling units—requirements and derived from Ord. 51 §2915, 1965.

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. 51 §2916, 1965).

Where yards are required by this title, they shall be not 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 follows:

A.

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 not to exceed three (3) feet;

B.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front, side or rear yard not more than six (6) feet; provided, however, that an open-work railing, riot more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place;

C.

Detached accessory buildings may occupy front, side and rear yards except as provided in section 17.50.040;

D.

Light structures, as defined in the Uniform Building Code under "patio covers," shall be permitted within six (6) inches of the property line; such structure to be open on at least two (2) sides and not to extend forward of an existing dwelling; with the provision that if such a structure is placed over an existing driveway, a barricade must be erected at the forward portion of the structure and if the driveway approach is from the rear of the lot, a barricade must be erected at the rear portion of the structure.

(Ord. 51 §2917, 1965).

17.50.090 - Fence, wall and hedge regulations.

A.

In the R1, R2, R3, R4, R-S, E, E-1, E-2, E-3, E-4, and E-5 zones, no fence, wall or hedge located in the rear or side yards shall exceed a height of six (6) feet.

B.

In R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, R-S,. E, E-1, E-2, E-3, E-4, and E-5 zones, no fences, wall or hedge located in the required front yard shall exceed a height of four (4) feet.

C.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, and E-5 zones, no fence, wall or hedge located within twenty-five (25) feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four (4) feet.

D.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4 and E-5 zones, no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three (3) feet of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) feet in height.

(Ord. 51 §2918, 1965).

No portion of any required front yard, or side yard on the street side of a corner lot, shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, or building materials (except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage," as used in this section, means the presence for a period of forty-eight (48) or more consecutive hours in the required front or side yard.

(Ord. 51 §2919, 1965).

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of public utility distribution and transmission lines, towers and poles and underground facilities for providing gas, water, electricity or telephone and telegraph services by public utility companies under the jurisdiction of the public utilities commission of the state, provided, however, before any right-ofway for such transmission lines is acquired, the proposed route shall be submitted to the planning commission for review and recommendation.

(Ord. 51 §2920, 1965).

17.50.120 - Permitted uses.

Except as provided elsewhere in this title:

A.

No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used, for any purpose or in any manner other than a use listed in this title or amendments thereto as permitted in the zones in which such land, building or premises is located.

B.

No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the zone in which such building is located.

C.

No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the zone in which such building is located.

D.

No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereof, shall be considered as providing a yard or open space for any other building or structure.

(Ord. 51 §204, 1965).

17.50.130 - Single-family dwellings, accessory dwelling units, and manufactured homes developmental/architectural standards.

All single-family dwellings, accessory dwelling units, manufactured homes as defined by section 17.02.435 - manufactured home, on a permanent foundation shall meet the following developmental/architectural standards:

A.

Roof overhang. All main buildings shall have a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the roof overhang is architecturally integrated into the design of that dwelling unit.

B.

Roofing material. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a roof consisting of wood shakes, asphalt, composition or wood shingles, clay, concrete or metal tiles, or of slate material. Rolled-roofing materials are prohibited.

C.

Roof pitch. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a pitched roof with a minimum rise to run ratio of 4 to 12.

D.

Siding material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, brick, concrete, stucco, masonite or metal lap. Corrugated sheet-metal siding is specifically prohibited for use as a siding material. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

E.

Minimum square footage. Inhabitable buildings shall have a minimum square footage of seven hundred seventy-five (775) square feet. The minimum width of the main building and garage or carport shall be a minimum of fifty percent (50%) of the lot width. Only living space within the primary walls of the dwelling unit shall be used for determining the minimum square footage of the unit. Porches, screened rooms, garages or carports shall not be included when determining the minimum square footage of a unit.

F.

Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or Section 18551 of the Health and Safety Code, such that the floor elevation of the proposed unit is compatible with the floor elevations of the surrounding dwelling units.

G.

Deviations. The city planner may approve deviations from one (1) or more of the developmental/architectural standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the city planner may be appealed to the planning commission in accordance with section 17.05.050 of this chapter.

(Ord. 182 Exhibit A(10), 1982).

(Ord. No. 376, 2008; Ord. No. 492, § 3, 4-23-2024)

17.50.140 - Emergency shelter development standards.

Emergency housing shall be subject to the following development standards:

A.

There shall be a maximum of twenty (20) beds in an emergency housing project.

B.

Parking shall be provided at a rate of one (1) space per employee on the maximum shift, and one (1) space per six (6) beds.

C.

The facility shall be provided with on-site management at all times.

D.

The facility shall have on-site security at all times.

E.

Outdoor lighting shall be provided around the perimeter of the facility, provided that lighting shall be hooded and adjusted so as to not illuminate adjoining properties or roadways.

F.

Occupants may stay up to six (6) months during a one-year period.

G.

The project shall provide storage space for occupants at a rate of ten (10) square feet per bed.

H.

The applicant shall supply the city with an operating and management plan for the facility to the city.

I.

The facility shall be licensed by the state of California.

(Ord. No. 421, § 7, 7-7-2015)

17.50.150 - Density bonuses, concessions and incentives.

A.

Purpose. This chapter is adopted in accordance with § 65915 et seq., of the California Government Code, as may be amended. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low-income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate-income households that qualified the housing project for award of a density bonus or other incentives.

B.

Applicable zoning districts. This chapter shall be applicable to all zoning districts that allow residential uses.

C.

Qualifications. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915 et seq.

D.

Density increase and other incentives. The City of Arvin shall grant qualifying housing developments and qualifying land transfers a density bonus, consistent with California Government Code § 65915 et seq., and incentives or concessions also as described in California Government Code § 65915 et seq.

E.

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of Arvin to be processed concurrently with all other entitlements of the proposed housing development. The proposal must also be accompanied by a standard city application and fee is in addition to the processing of any concurrent entitlements or projects.

F.

The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4.

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low or moderate-income households, or senior citizens, or other qualifying residents;

5.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed; and

6.

Any other information as determined by the community development director necessary to process and evaluate the proposal consistent with the provisions of California Government Code § 65915 et seq.

E.

The application shall be considered by the approving authority at the same time it considers the project for which the request is being made. The request shall be approved if the applicant complies with the provisions of California Government Code § 65915 et seq.

F.

Retention. Consistent with the provisions of California Government Code § 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Arvin and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 421, § 8, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 21), 2-26-2019)

The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.

Business license required. A home occupation, home base business, shall require a city business license and a home occupation permit. A permit to conduct a home occupation shall be obtained from the community development director, or designee, prior to issuance of a business license.

2.

Application: An application and payment of the established fee for a home occupation permit shall be submitted to the community development director or designee by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or authorized representative.

3.

Home occupation or quasi-home occupation permit - Substitute for administrative approval - No home occupation or quasi-home occupation (home based business) shall be established in a residence until a home occupation permit or quasi-home occupation permit is approved by the community development director or designee. Home occupation and quasi-home occupation conditions, as established in this section, satisfy the requirements of an administrative permit, section 17.05.080 - permitted uses designated —administrative approval. Upon issuance of a home occupation permit or a quasi-home occupation permit

by the community development director, or designee said permit conditions incorporates the requirements and findings below to ensure that the residential neighborhood is not adversely affected by the establishment of a home base business.

a.

Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

b.

Findings:

i.

That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and

ii.

That the proposed use will be harmonious with existing structures and uses of land in the vicinity;

iii.

That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4.

Home occupation and quasi-home occupation permits - term. A home occupation or quasi-home occupation permit shall not expire unless: revoked, lapse of a current and valid business licenses; however, the permit is not transferable to a different permittee, location, or use.

5.

Home occupation and quasi-home occupation permits - revocation. The home occupation or quasi-home occupation permit granted under this article shall be subject to revocation by the community development director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article or upon verification of objectionable activity and/or complaints.

6.

Home occupation and quasi-home occupation permits - denial. A home occupation-quasi-home occupation permit shall not be issued for the following uses: Retail sales, commercial photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.50.160(D) (home occupation permits-quasi-home occupations: conditions: issuance).

7.

Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under section 17.50.160(D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.

8.

Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, state, and federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.

9.

Indemnification. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

10.

Conditions: Issuance.

a.

No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:

i.

The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.

ii.

The home occupation shall be conducted entirely within the residential dwelling. Outside activity, storage, or display is prohibited, except as provided herein or upon conditional approval of the community development director.

iii.

Limitations of use and storage:

(a)

The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.

(b)

Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.

(c)

Storage of goods and materials may be stored in approved accessory structures per Arvin city code.

(d)

No occupation may be conducted in the garage area nor in any accessory structure.

iv.

The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling.

v.

Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1) foot by one (1) foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.

vi.

Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited.

vii.

Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.

(a)

Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

(b)

No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.

(1)

"Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20) feet in length, eight (8) feet in width, and thirteen and one-half (13-1/2) feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle.

(2)

Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner.

(c)

In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited.

(d)

At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space.

(e)

Parking of vehicles and/or utility trailers shall comply with the Arvin city code.

viii.

Such occupation or profession shall be conducted by the residents of the premises.

ix.

The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.

x.

Limitations of use and storage:

(a)

The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.

(b)

Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.

(c)

Storage of goods and materials may be stored in approved accessory structures per Arvin city code.

(d)

No occupation may be conducted in the garage area nor in any accessory structure.

xi.

The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.

xii.

The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.

xiii.

The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes.

xiv.

Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.

(Ord. No. 492, § 3, 4-23-2024)

An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A "cottage food operation" includes both of the following:

1.

Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business unless it is registered with the County of Kern.

2.

Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the Kern County.

a.

Cottage food operation. Consistent with the operational requirements set forth in California Health and Safety Code § 114365 et seq., a cottage food operation (CFO) shall comply with the following standards.

i.

All applicable provisions of the municipal code are made a part of the conditions of approval in their entirety, as if fully contained therein.

ii.

All CFOs shall obtain a home occupation permit, section 17.50.160 and shall maintain a city business licenses, failure to maintain a city business licenses and Kern County Environmental Health regulations shall be cause for revocation of the cottage food industry operations. Where a conflict exist between section 17.50.160 and 17.50.170, the requirements of section 17.50.170 shall prevail.

iii.

The CFO shall be registered with the Kern County Office of Environmental Health and conform with all regulations of AB 1616.

iv.

Only foods defined as "non-potentially hazardous" are approved for preparation by CFOs. The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change.

v.

There may be one (1) full-time equivalent employee (not counting family members or household members).

vi.

Class A CFOs are allowed to engage in direct sale, including up to two (2) customers on-site at one (1) time.

vii.

Class B CFOs may engage in both direct sale and indirect sale of cottage food products.

viii.

No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining or dishwashing.

ix.

No infants, small children, or pets may be in the registered or permitted area during the preparation, packaging, or handling of any cottage food products.

x.

Equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.

xi.

All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products shall be washed, and sanitized before each use.

xii.

All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.

xiii.

No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment shall occur outside of the registered or permitted area.

xiv.

Smoking shall be prohibited in the registered or permitted area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment.

xv.

A person with a contagious illness shall refrain from working in the registered or permitted area of the CFO.

xvi.

A person involved in the preparation of packaging of cottage food products shall keep his or her hands clean and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity.

xvii.

Water used during the preparation of cottage food products shall meet potable drinking water standards.

xviii.

Food preparation shall take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residential zone property.

xix.

A person who prepares or packages cottage food products shall complete a food processor course instructed by the California Department of Public Health within three (3) months of becoming registered or permitted.

xx.

A CFO shall properly package and label all cottage food products in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 343 et seq.) and the Department's additional labeling requirements.

xxi.

The CFO business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed the capacity of one (1) ton, owned by the business owner.

xxii.

Storage of materials and/or supplies related to the business, outside the residence, is not permitted.

xxiii.

No signs shall be displayed on the site in connection with the home occupation. There may be advertising on a vehicle that should not exceed three (3) square feet in total. Magnetic signage is recommended.

xxiv.

In no way shall the appearance of the dwelling be altered to identify the business and changed the residential character of the existing neighborhood; and

xxv.

There shall be no use of utilities or community facilities beyond the normal use of the property for residential purposes as defined in the zone.

(Ord. No. 492, § 3, 4-23-2024)

Neighborhood serving commercial uses are intended to introduce complimentary uses in conjunction with existing and/or proposed single family residential uses in locations where the neighborhood supports such a use and serves the neighborhood. The following standards are designed to allow neighborhood serving commercial uses to be integrated closely with existing and proposed single family residential uses on a small scale. Allowing neighborhood serving commercial uses to be integrated into neighborhoods at appropriate locations and at the same scale as the existing and proposed residential uses is intended to make more efficient use of existing infrastructure capacity and improve walking and biking accessibility to these services by nearby residents.

1.

A neighborhood serving commercial use must implement and meet the following criteria: Support a compact walkable neighborhood with nearby services;

a.

Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;

b.

Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing;

c.

Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and

d.

Utilize existing infrastructure and service capacity.

2.

A neighborhood serving commercial use must implement and meet the following criteria:

a.

Support a compact walkable neighborhood with nearby services;

b.

Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;

c.

Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing;

d.

Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and

e.

Utilize existing infrastructure and service capacity.

3.

Uses permitted: The following uses are permitted as a neighborhood serving commercial use subject to chapter 17.60 site development permit, implements and meet the criteria established above, subject to the implementation of the requirements of chapter 17.70 site development standards, and also meeting the standards as listed in this section:

a.

Other neighborhood serving commercial not listed below may be permitted by conditional use permit where it can be demonstrated that the proposed use meets the criteria identified above and all requirements of this section.

i.

Neighborhood convenience retail in conjunction with existing or proposed single family residential uses as listed below:

ii.

Food sales (i.e. groceries, bakeries, candy shops, delicatessens);

iii.

Consumer repair services (i.e. watch, jewelry, musical instrument);

iv.

General retail sales-convenience; (i.e. convenience market (No off- or on-sale of alcoholic beverages), neighborhood takeout food preparation; and

v.

Live-work units.

Design standards for permitted non-residential uses. Uses permitted above shall conform to the following design guidelines:

a.

Architectural standards: All new development (residential and non-residential) shall be of a design that compliments residences and/or introduces and improves on the design located on the same block and shall follow these design standards;

i.

Building materials shall be of siding, brick, stone or other materials that are similar in composition and otherwise in common with other buildings located in the area.

ii.

Colors shall compliment other buildings in the area.

iii.

The primary entrance shall be from the front sidewalk, front corner entrances may satisfy this requirement. Secondary entrances may be allowed in the rear where there is rear parking.

iv.

To support the privacy of existing residences, windows on the portion of a side wall directly opposite an existing residence shall be limited to obscure glass or similar material approved or windows that are above sightline in both buildings.

v.

New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.

b.

Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street.

i.

Maximum sign area allowed shall be the one-half (½) of the building width in square feet: building width/2 = X square feet.

ii.

May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.

iii.

Window signs may not be larger than one (1) square foot.

iv.

Lighted window signs may only be lit during hours of operation.

v.

Lighted signs may not flash, blink or otherwise move.

c.

Exterior lighting: Shall be compatible with residences located on the same block and;

i.

Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.

5.

Building, lot, location and other standards: Uses permitted above shall conform to the following guidelines:

a.

Location and access:

i.

Permitted non-residential uses shall be located in a neighborhood where no similar services are provided within one thousand (1,000) feet;

ii.

Must be located on a corner lot of sufficient size to meet the requirements of chapter 17.70 site development standards;

iii.

Must provide a minimum of five hundred (500) square feet of open space for the existing and/or proposed single family residential unit.

iv.

Conditionally approved non-residential uses not listed in subsection B above, must be found to be compatible with and to impose no adverse impact upon adjacent residential uses and meet all of the requirements of this subsection.

b.

Parking: The following vehicle parking standards shall be met:

i.

On-street parking may be credited toward the minimum parking requirements.

ii.

All off-street parking must be provided in the rear or side yards and screened by an opaque wall or landscaping at least three (3) feet in height. No parking is allowed in the front or side yard setback.

iii.

No commercial vehicle may be parked on the street or on the premises overnight except in an enclosed garage.

c.

Bicycle parking: Shall be provided near the front entrance and covered where possible.

i.

For each four hundred (400) square feet of neighborhood commercial use there shall be one (1) bicycle space.

ii.

Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.

d.

Other standards:

i.

Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m.

ii.

Outdoor storage: No outdoor storage shall be permitted.

iii.

Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.

Setbacks, height requirements for new or enlarged buildings. The setback and height requirements for a new or redeveloped building shall be:

a.

Yard setback:

i.

Shall meet the minimum yard setback as required in the R-1 zone district;

ii.

Outdoor seating may be located in the front, rear and side yard setback but must be screened from adjacent residential uses.

b.

Building height: Proposed new or enlarged building shall meet the following;

i.

When located between two (2) existing buildings the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of the adjacent buildings measured in a like manner.

ii.

When located adjacent to an existing building and on a corner lot or next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the adjacent building or the average height of the adjacent building and the underlying zone measured in a like manner.

iii.

When located on a corner lot and next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of all buildings on the block measured in a like manner or of the underlying zone.

(Ord. 309, 1998: Ord. 199 (part), 1985; Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019; Ord. No. 492, § 3, 4-23-2024)

Urban two-unit development for property meeting the requirements of Government Code Section 65852.21 can ministerially develop one (1) primary dwelling unit and one (1) urban primary dwelling unit, (plus one (1) accessory dwelling unit (ADU) and one (1) junior accessory dwelling (JADU) - maximum four (4) units subject to the provisions of Section 17.50.130 - Single-family dwellings, accessory dwelling units, and manufactured homes - development/architectural standards and meeting the following requirements:

Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three (3) years.

2.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code chapter 12.75 (commencing with § 7060) of division 7 of title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

3.

The proposed housing development does not allow the demolition of more than twenty-five percent (25%) of the existing exterior structural walls, unless the housing development meets at least one (1) of the following conditions:

a.

If a local ordinance allows - demolition of more than twenty-five percent (25%) of the existing exterior structural walls is permitted.

b.

The site has not been occupied by a tenant in the last three (3) years.

c.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4.

No standards herein adopted shall not preclude the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area.

a.

Notwithstanding the above, no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

b.

Notwithstanding the above, in all other circumstances not described in clause (i), the required setback of up to four (4) feet from the side and rear lot lines.

c.

Front yard setbacks shall be as provided in the zone district where two-unit development is permitted.

5.

Off-street parking of up to one (1) space per unit shall be required, except that no off-street parking shall be imposed in either of the following instances:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car shared vehicle located within one (1) block of the parcel.

6.

For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

7.

The city building official may deny a proposed housing development projects if written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

8.

Rental of any unit created under the urban two-unit development shall be a term longer than thirty (30) days.

9.

Notwithstanding Section 65852.2 (Accessory Dwelling Units) or 65852.22 (Junior Accessory Dwelling Units), a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.

10.

Notwithstanding subparagraph (8), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

11.

Units constructed pursuant to this section shall be included in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.

12.

For purposes of this section, all the following apply:

13.

A housing development contains two (2) residential units if the development proposes no more than two (2) new units or if it proposes to add one (1) new unit to one (1) existing unit.

14.

The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

15.

Urban lots created as provided under title 16, chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an urban lot split shall be limited to two (2) dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two (2) lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one (1) primary dwelling unit and one ADU and UL Parcel 2 may be developed with one (1) primary dwelling unit and a JADU. Maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under title 16 subdivision, chapter 16.06 urban lot splits are subject to the City of Arvin's Development Impact Fees and require separate utility connections. Once an urban lot is created, no additional land divisions are permitted.

Prior or concurrent to the ministerial approval of a residential development on a urban lot created under title 16 - subdivision chapter 16.06 urban lot splits documentation shall be submitted at the time of submittal of a building permit which document compliance with the requirements of title 16 - subdivision, chapter 16.06 urban lot splits. Submitted documentation of compliance required by title 16 subdivision, chapter 16.06 urban lot splits shall be in a form as may be required by the city planner.

(Ord. No. 492, § 3, 4-23-2024)

Chapter 17.51 - ACCESSORY DWELLING UNITS

Sections:

A.

Purpose. The purpose of this chapter is to comply with Government Code Section 66310—66342 (Accessory Dwelling Units) as amended from time to time by the state, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single-family homes or multi-family units.

B.

This chapter is intended to implement the city's housing element of the general plan and is adopted to comply with state law (Government Code Section 66314—66339, by allowing ADUs through ministerial review in all districts zoned to allow single-family, multi-family, or mixed-uses, subject to meeting the standards prescribed below.

C.

Permitted locations. The provisions included in this chapter are applicable to all lots that: 1) are zoned to allow single-family, multi-family residential, or mixed-uses; and 2) include a proposed or existing primary dwelling.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.020 - Application process.

A.

Permit required. A building permit is required for ADUs.

B.

Review and approval—Ministerial review. A Building Permit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within sixty (60) days of acceptance of a complete application.

1.

Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the city shall not approve or deny the ADU permit application until the city approves or denies the permit application for the new singlefamily dwelling unit; or the applicant requests a delay, in which case the 60-day time period shall be tolled for the period of the delay. If the city has not approved or denied the completed application for the ADU within sixty (60) days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

2.

Application remediation: Should the permit application to create an ADU be denied, the city shall, within sixty (60) days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

C.

ADU shall be subject to this section and under subdivision (a) of Government Code Section 66323 shall not be subject to design and development standards except for those that are noted in this chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, conditional use permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

The completed building permit application, shall be submitted to the building division on an application form prepared by the building official and shall include the submittal requirements. Fees for an ADU shall be established by the city council and said fees shall be, but not limited to, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.040 - Type of accessory dwelling units.

A.

Types of accessory dwelling units.

Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADU shall have an exterior entrance separate from the main house.

2.

Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3.

Internal conversion ADU. An ADU may be located within areas converted to habitable space, such as:

i.

An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance; or

ii.

An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or

iii.

Portions of existing multi-family structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

(Ord. No. 2023-486, § 2, 10-24-2023)

17.51.050 - Number and types of ADUs permitted per legal parcel or lot.

A.

Lots with a single-family dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1.

One (1) attached ADU;

2.

One (1) detached ADU; and

One (1) JADU (See section 17.51.120).

B.

Lots with a multi-family dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1.

Converted ADUs. Converted ADUs are allowed within portions of an existing multi-family dwelling that are not used as livable space; at least one (1) interior ADU conversion and up to twenty-five percent (25%) of the total number of dwelling units are permitted.

2.

Detached ADU(s). Not more than two (2) ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family dwelling.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.060 - Development standards.

A.

Site/location requirements.

1.

Minimum lot size. ADUs that comply with this chapter shall be permitted on all legally established parcels, regardless of parcel size.

2.

Lot coverage. Not applicable.

3.

Except for ADUs approved under Government Code Section 66323, space between buildings shall be established in the applicable zone district (see sections 17.08.110 (R-1), 17.10.090 (R-2), and 17.12.090 (R3) for standards).

B.

Size and floor area.

Detached ADU. The maximum floor area of a new construction of a detached ADU is one thousand two hundred (1,200) square feet.

2.

Attached ADU. The maximum floor area of an attached ADU shall not exceed fifty percent (50%) of the floor area of the existing primary dwelling for an attached ADU or one thousand two hundred (1,200) square feet, whichever is less. These limits do not include up to one hundred fifty (150) square feet of area added to the primary dwelling for purpose of providing ingress and egress to the ADU.

C.

Height The maximum height shall be as follows:

1.

Attached ADUs. The height of the existing or multi-family dwelling or twenty-five (25) feet, whichever is lower.

2.

Detached ADUs.

i.

Sixteen (16) feet;

ii.

Eighteen (18) feet if the lot is within one-half (1/2) mile walking distance of a major transit stop or highquality transit corridor, as defined in Public Resources Code Section 21155. The maximum height may be increased by an additional two (2) feet, to twenty (20) feet maximum, for the purpose of accommodating roof pitch with the primary dwelling;

iii.

Eighteen (18) feet if the lot has an existing or proposed multi-family, multi-story dwelling.

D.

Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1.

Front yard setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district, provided the setbacks do not preclude the construction of an up to eight hundred (800)

square foot ADU that meets the provisions of Government Code Section 66323.

2.

Rear and side yard setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback:

i.

Interior side yard setbacks: Interior side yard shall be a minimum of four (4) feet.

ii.

Interior rear yard setback: Interior Rear yard setback shall be a minimum of four (4) feet for interior lots.

3.

When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four (4) feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

i.

Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the fire and building codes.

E.

Parking requirements.

1.

One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of the interior side yard and shall not be within six (6) feet of a corner side yard setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates offstreet parking. The city code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two (2) off-street parking spaces are required and when required one (1) off-street parking for the ADU. As noted, tandem parking shall not block sidewalks or public access.

Exceptions. No parking shall be required for ADUs in any of the following instances:

i.

The ADU is located within one-half (½) mile walking distance of public transit.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure.

iv.

When on-street parking permits are required but not offered to the occupant(s) of the ADU.

v.

There is a car share vehicle located within one (1) block of the ADU.

vi.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot.

F.

Architectural review. ADUs shall have the same exterior finish materials and roof form as the existing or proposed single-family or multi-family dwelling on the parcel.

G.

Access and entry. Except for ADUs approved under Government Code Section 66323, an ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H.

Density limits. All ADUs shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Availability of utilities.

1.

Utility connections. ADUs may be subject to utility connections as provided herein.

2.

Private sewage disposal system. ADUs not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior to the issuance of a building permit.

B.

Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C.

Fire sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Sections 66314(d)(12) and 66323(c).) Please note, for ADUs created on lots with multi-family residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-family structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the office of the state fire marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D.

Solar panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from nonresidential to residential space, are not subject to the Energy Code requirement to provide solar systems.

E.

Flood elevation certification. All ADUs are required to comply with chapter 15.32, Floodplain Management, when the proposed ADU is located within the FEMA Flood Hazard area which has a one percent (1%) annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with subections 15.32.170(C) and (D) of the Arvin Municipal Code and prior to the issuance of the building permit, a flood certification shall be provided.

F.

Building code compliance is required for all ADUs. The building division will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G.

Kern County Fire Department Clearance shall be required prior to the issuance of a building permit for an ADU.

H.

Other code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.080 - Occupancy, rental, and sale limitations.

A.

Owner occupancy shall not be required for ADUs.

B.

Rental of ADUs shall be a minimum of thirty (30) days.

C.

Separate conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 66340—66342 with affordability restrictions.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

A.

Connection fees or capacity charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new

residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable sewer connection fee in place at the time of submittal.

B.

Impact fees. Impact fees shall not be imposed on an ADU that is less than seven hundred fifty (750) square feet in size. For ADUs that are greater than seven hundred fifty (750) square feet in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C.

Permit processing fee. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D.

Monthly charges for sewer and water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.100 - Conditions for nonconforming uses and structures.

A.

Nonconforming conditions. Notwithstanding chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five (5) years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1.

The ADU was built before January 1, 2020.

2.

The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

(Ord. No. 2023-486, § 2, 10-24-2023)

17.51.110 - Definitions accessory dwelling units.

For purposes of this section, the following terms have the following meanings:

A.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

1.

An efficiency unit.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

E.

"Local agency" means a city, county, or city and county, whether general law or chartered.

F.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

G.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

H.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed

routes, and are available to the public.

J.

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

K.

"Impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L.

Multiple detached dwellings on a lot in the R-2, R-3, and R-4 zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one (1) ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 66323(a)(1) and (2).)

M.

Multi-family dwelling under ADU law is as follows: For the purposes of state ADU law, a structure with two (2) or more attached dwellings on a single lot is considered a multi-family dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multi-family dwellings for the purposes of state ADU law.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

17.51.120 - Junior accessory dwelling units.

A.

Permitted one (1) junior accessory dwelling unitper lot (JADU) in single-family residential zones.

B.

A building permit shall be required for the creation of a JADU, and shall do all the following:

1.

One (1) JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2.

Require owner-occupancy in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3.

Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

i.

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

ii.

A restriction on the size and attributes of the JADU that conforms with this section.

4.

A permitted JADU shall be constructed within the walls of proposed or existing single-family residence, including an attached garage.

5.

The JADU shall provide a separate entrance from the main entrance to the proposed or existing singlefamily residence. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the mail living area.

6.

The JADU shall provide an efficiency kitchen, which shall include all of the following:

i.

A cooking facility with appliances.

ii.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7.

A JADU shall not require additional parking as a condition to grant a permit.

C.

JADU shall be required to submit a building permit and pay adopted building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

D.

An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The city shall approve or deny a completed application to create a JADU within sixty (60) days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. Should the application to create a JADU be denied, the city shall, within sixty (60) days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

E.

Fees for a JADU shall be established by the city council and said fees shall be, but not limited to, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

F.

For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

G.

For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

H.

This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a JADU.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

For purposes of this section, the following terms have the following meanings:

A.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B.

"Local agency" means a city, county, or city and county, whether general law or chartered.

C.

Reserved.

D.

Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:

1.

17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) [above], a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:

i.

The accessory dwelling unit was built before January 1, 2020.

ii.

The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

iii.

The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five (5) years on the basis that correcting the violation is not necessary to protect health and safety.

iv.

A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.

v.

The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the state fire marshal pursuant to Section 13146.

vi.

The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).

2.

For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 66313.

3.

This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

(Ord. No. 2023-486, § 2, 10-24-2023; Ord. No. 497, 2-11-2025)

Chapter 17.52 - NONCONFORMING BUILDINGS AND USES

Sections:

The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing on the effective date of the ordinance codified in this title:

A.

Any such nonconforming building or structure may be continued and maintained; provided, that there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other sections of this title;

B.

Any such nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use, except as otherwise provided in this title;

C.

Any part of a building, or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use;

D.

Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use which use has ceased for a period of one (1) year or more, shall not again be used or occupied for a nonconforming use.

E.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification;

F.

Every nonconforming use of land (where no main building is involved) existing on the effective date of the ordinance codified in this title shall be discontinued within three (3) years from such effective date except that this provision shall not apply to public utility structures of companies under the jurisdiction of the Public Utilities Commission of the state;

G.

Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained on the effective date of the ordinance codified in this title may be continued, although such use does not conform with the provisions of this title; provided, however, that no structural alterations are made thereto; and provided further, that all such nonconforming signs, billboards, commercial advertising structures or statuary and their supporting members, shall be completely removed from the premises not later than three (3) years from the effective date of the ordinance codified in this title;

H.

Anything in this title to the contrary notwithstanding, land which is being used or heretofore has been used, for the drilling for, production of or handling of oil, gas and other hydrocarbons, may continue in such use regardless of the land use zone in which it is located, and such use shall not be considered a nonconforming use in such zone; provided, that this exception to the nonconforming use provisions of this title shall not apply to oil wells, oil well structures, appurtenances or equipment which have been abandoned and the use thereof discontinued for a period of twelve (12) successive months.

(Ord. 51 §2905, 1965).

The provisions of Section 17.52.010 shall also apply to buildings, structures, land or uses which after the effective date of the ordinance codified in this title become nonconforming due to any reclassification or zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in Section 17.52.010 for the removal of nonconforming buildings, structures or uses, such period shall be computed from the date of such reclassification or change.

(Ord. 51 §2906, 1965).

Any building or structure for which the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which such building permit was granted, if construction is commenced within sixty (60) days after the issuance of such permit and diligently prosecuted to completion.

(Ord. 51 §2907, 1965).

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title, wherein the expense of such reconstruction does not exceed one hundred fifty percent (150%) of the assessed value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one (1) building permit, started within a period of one (1), year from date of damage and diligently prosecuted to completion.

(Ord. 51 §2908, 1965).

The provisions of this title shall apply to uses which become nonconforming by reason of any such amendments to this title, as of the effective date of such amendment.

(Ord. 51 §2609, 1965).

Chapter 17.54 - VARIANCES, MODIFICATIONS AND ZONE CHANGES

Sections:

The regulations set forth in this chapter shall apply to the granting of variances, modifications and zone changes.

(Ord. 51 §3101, 1965).

A.

The planning commission, upon its own motion, may, or upon the verified application of any interested persons, shall in specific cases, initiate proceedings for the granting or denial, as the case may be, of a variance from the provisions of this title. The planning commission may grant such variance only when the following circumstances are found to apply:

That the variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

2.

That special circumstances exist which are applicable to the subject property, including size, shape, topography, location or surroundings, wherein the strict application of the zoning ordinance in question is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.

All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or any zoning map.

(Ord. 51 §3102, 1965).

17.54.030 - Variances—Application—Contents.

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved, showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission;

B.

A reference to the provisions of the chapter from which such property is sought to be excepted.

(Ord. 51 §3103, 1965).

17.54.040 - Amendments and zone boundary changes.

A.

Whenever the public necessity, convenience, general welfare, or good zoning practices justify such action, the planning commission, upon its own motion or upon the verified application of any interested person, may initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.

B.

With the exception of amendments changing property from one zone to another, or changing the boundaries of any zone, amendments may be made or new zoning maps adopted in the same manner as this title was adopted.

(Ord. 51 §3104, 1965,).

A modification may be granted, subject to appeal to the city council and the authority for the granting of such modification is as follows:

A.

Permit the modification of the setback, yard and lot area regulations that may be necessary to secure an appropriate improvement on a lot, to prevent unreasonable hardship, or to promote uniformity of improvement; provided, however, such modification shall not grant a reduction in excess of five percent (5%) of the applicable setback, yard or lot area requirements;

B.

Permit the modification of fence, wall and hedge regulations that may be necessary to secure an appropriate improvement on a lot;

C.

Permit the modification of parking requirements to allow side yards abutting a street and front yards to be used for off-street parking, to secure appropriate improvements on the lot, to prevent unreasonable hardship, or to promote uniformity of improvements.

(Ord. 110 §2, 1971; Ord. 51 §3105, 1965).

(Ord. No. 376, 2008).

The procedure for acting upon applications for modifications shall be the same as the procedure for acting upon applications for variances, except that no notice of public hearing will be required if the application for such modification is accompanied by the written consent of the owners of all property abutting and of all property directly across a street from subject property. Appeals from a decision of the planning commission shall be made to the city council, in the same manner as an appeal for a variance.

(Ord. 51 §3106, 1965).

A.

Applications for variances, modifications and changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon.

No petition shall be received unless it complies with such requirements.

B.

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Ord. 51 §3107, 1965).

Before accepting any application for filing, the city shall charge and collect the following fees for the purposes of defraying the expenditures incidental to the proceedings prescribed in this chapter:

A.

Change of zone. The applicant shall pay such fees as adopted by resolution of the city council for each change of zone application submitted to the city;

B.

Variance. The applicant shall pay such fees as adopted by resolution of the city council for each application for a variance submitted to the city;

C.

Modification. The applicant shall pay such fees as adopted by resolution of the city council for each application submitted to the city for a modification where no public hearing is required. Where a public hearing is required, the fees shall be the same as for a variance;

D.

Appeal. For each appeal to the city council from any ordinance, requirement, decision or determination of the planning commission in the administration or enforcement of the provisions of this title, the appellant shall pay a fee as adopted by resolution of the city council.

(Ord. 79 §1, 1971: Ord. 51 §3108, 1965).

(Ord. No. 449, § 7, 6-19-2018)

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.

(Ord. 51 §3109, 1965).

17.54.100 - Hearing—Notice.

A.

Following the receipt in proper form of any application filed under the provisions of this chapter, the secretary of the planning commission shall fix a time and place of public hearing thereon.

B.

Notices of hearings shall be provided as follows:

1.

Government Code section 65090 requires notice published in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing. If there is no such newspaper of general circulation, the notice may instead be posted in three (3) public places within the city.

2.

Government Code section 65091 requires:

a.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll or the records of the county assessor or tax collector. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

When the Subdivision Map Act requires notice of a public hearing to be given, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.

c.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

d.

Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the city may use records of the county assessor or tax collector. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (B)(2)(d) or (B)(2)(a) is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (⅛) page in at least one (1) newspaper of general circulation within the local agency in which the proceeding is conducted at least ten (10) days prior to the hearing.

e.

If the notice is mailed or delivered pursuant to subsection B(2)(d) of this section, the notice shall also either be:

i.

Published in at least one (1) newspaper of general circulation within the local agency which is conducting the proceeding at least ten (10) days prior to the hearing.

ii.

Posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the local agency, including one (1) public place in the area directly affected by the proceeding.

f.

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall be incorporated address the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drivethrough facility permit.

3.

Notices per subsection B(1) of this section (referring to the requirements of Government Code section 65090) shall apply to the following:

a.

Adoption or amendment of a general or specific plan.

b.

Zoning ordinance or amendment. (Note additional requirements for the planning commission, below.)

c.

Development agreements. (Note subsection B(2) also applies.)

d.

Tentative, final, and parcel maps. (Note subsection B(2) also applies.)

4.

Notices per subsection B(2) of this section (referring to the requirements of Government Code section 65091) shall apply to the following:

a.

Zoning ordinance or amendment - but only if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property. (Note this only applies to hearings of the planning commission.)

b.

Development agreements. (Note subsection B(1) also applies.)

c.

Tentative, final, and parcel maps. (Note subsection B(1) also applies.)

d.

Conditional use permits.

e.

Site plans.

f.

Any other entitlement subject to the zoning ordinance not otherwise listed in this section.

C.

In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

D.

If the applicable notice provisions of the Government Code are amended, the requirements shall be automatically incorporated herein, and any inconsistent or superfluous requirement of this Section shall no longer be applicable.

(Ord. 51 §3110, 1965).

(Ord. No. 471, § 1, 9-22-2020)

Public hearings as provided for in this title and by state law shall be held before the planning commission at the time and place for which public notice has been given as required by this chapter. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Ord. 51 §3111, 1965).

Within thirty-five (35) days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within

thirty-five (35) days after the conclusion of the hearing may be deemed to constitute a denial, but in no case shall such failure be deemed to constitute an approval.

(Ord. 51 §3112(part), 1965).

A.

Within five (5) days after final decision by the planning commission on an application for a variance, modification or conditional use permit, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application, the city clerk, the members of the city council, the owners of the adjoining property and persons requesting such notice.

B.

The granting, either with or without conditions, or the denial of such application by the planning commission shall be final unless within fifteen (15) days after the decision by the planning commission, or ten (10) days after the mailing of the required notices, whichever date is later, the applicant, or any other person aggrieved, appeals therefrom in writing to the city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as prescribed in this chapter for hearing by the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of all members of the city council.

C.

No permit or license shall be issued for any use involved in an application for a variance, modification or conditional use permit until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.

D.

If the use authorized by any variance, modification or conditional use permit is or has been unused, abandoned, discontinued or has ceased for a period of six (6) months, or the conditions have not been complied with, such variance, modification or conditional use permit shall become null and void and of no effect unless an extension therefore has been granted by the planning commission, upon written petition of the applicant for such extension before the expiration of the above period.

(Ord. 51 §3112(A), 1965).

17.54.140 - Amendments and changes of zone boundaries—Final action—Final hearing.

A.

Within ten (10) days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendation, together with the complete records of the case, shall be delivered to the city council.

B.

The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as prescribed in this chapter for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of all members of the city council.

C.

No permit or license shall be issued for any use involved in an application for an amendment or change of zone until same has become final by the adoption of an ordinance.

(Ord. 51 §3112(B), 1965).

17.54.150 - Deferral of city council vote.

Notwithstanding any provision in Sections 17.50.130 and 17.50.140 to the contrary, at the request of the applicant or any other interested persons, the vote of the city council on any application for a variance, modification, conditional use permit or an amendment or change of zone boundaries, shall be deferred by the city council until such time as all members of the city council are present and have had the opportunity to vote thereon.

(Ord. 51 §3112(c), 1965).

17.54.160 - Reasonable accommodations standards.

A.

Applicability and Purpose. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

B.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

C.

Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in city hall, advising the

public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in city hall.

D.

Requesting Reasonable Accommodation.

1.

In order to make housing available to an individual with a disability, any eligible person as defined in section 17.54.160 a may request a reasonable accommodation.

2.

Requests for reasonable accommodation shall be in writing and provide the following information:

a.

The applicant's name, address, and telephone number.

b.

Address of the property for which the request is being made.

c.

The name and address of the property owner, and the owner's written consent to the application.

d.

The current actual use of the property.

e.

The basis for the claim that the individual is considered disabled under the fair housing laws: Identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical, or mental limitations.

f.

The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being reauested.

g.

The type of accommodation sought.

h.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disable person(s). Where appropriate include a summary of any potential means and alternatives considered in evaluating the need for the accommodation.

i.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation.

j.

Other supportive information deemed necessary by the city to facilitate proper consideration of the request, consistent with fair housing laws.

3.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

5.

If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

6.

Review with other land use applications: If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the city manager, before proceeding with the other applications.

7.

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

E.

Reviewing Authority.

Requests for reasonable accommodation shall be reviewed by the city manager, using the criteria set forth in subsection 17.54.160 F. Information related to an applicant's disability shall be kept in strict confidence in the city manager's office.

2.

The city manager shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection 17.54.160F.

3.

If necessary to reach a determination on the request for reasonable accommodation, the city manager may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty-day period to issue a decision is stayed until the applicant responds to the request.

F.

Required Findings.

1.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

a.

Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

b.

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

c.

Whether the requested accommodation would impose an undue financial or administrative burden on the city and;

d.

Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

e.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with

these findings including the following:

(i)

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

(ii)

Removal of the improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

(iii)

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

(iv)

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

(v)

Measures to reduce the impact on surrounding uses;

(vi)

Measures in consideration of the physical attributes of the property and structures;

(vii)

Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified for the zone district; and

(viii)

Other conditions necessary to protect the public health, safety, and welfare.

G.

Written Decision on the Request for Reasonable Accommodation.

1.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection 17.54.160 F. All

written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the

applicant by certified mail.

2.

The written decision of the city manager shall be final unless an applicant appeals it to the city's planning commission within ten (10) days of the date of the written decision by following the process found in subsection (h) of this section.

3.

If the city manager fails to render a written decision on the request for reasonable accommodation within the thirty-day time period allotted by subsection 17.54.106E.3., the request shall be deemed granted.

4.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

H.

Appeals.

1.

Within thirty (30) days of the date of the city manager's written decision, an applicant may appeal an

adverse decision to the planning commission. Appeals from the adverse decision shall be made in writing. The decision of the planning commission shall be final.

2.

If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

3.

All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

4.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available, so long as the aggrieved individual has fully followed the process contained in this section.

(Ord. No. 421, § 9, 7-7-2015)

Chapter 17.56 - CONDITIONAL USE PERMITS[[16]]

Sections:

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. 448, § 3, adopted June 19, 2018, amended Ch. 17.56 in its entirety to read as herein set out. Former Ch. 17.56, §§ 17.56.010—17.56.040, pertained to similar subject matter, and derived from Ord. 51 § 3201(part)—3203, 1965; Ord. 110 § 1, 1975; Ord. 151 § 4, 1980; Ord. No. 418, 2-3-2015; Ord. No. 421, § 10, 7-7-2015.

The regulations set forth in this chapter shall apply to the granting of conditional use permits.

(Ord. No. 448, § 3, 6-19-2018)

17.56.020 - Prohibited uses permitted when.

A.

Certain uses may be permitted by the planning commission and the city council in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan.

B.

Except as otherwise provided in this chapter, the procedure for filing of conditional use permit applications, payment of filing fees for such applications, and all associated investigations, notices, public hearings, and appeals shall be the same as provided in Chapter 17.54 for variances.

C.

The planning commission may waive public hearings on an application for a conditional use permit for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare.

D.

No conditional use permit application shall be deemed complete or processed until the filing fee (which may be in the form of a deposit), as established pursuant to resolution of the city council, has been paid in full.

(Ord. No. 448, § 3, 6-19-2018; Ord. No. 471, § 2, 9-22-2020)

A conditional use permit shall only be granted if the planning commission determines that the project as submitted or as modified conforms to all of the following criteria. If the planning commission determines that it is not possible to make all of the required findings, the application shall be denied.

A.

The use proposed by conditional use permit is consistent with the general plan, any applicable specific plan, and zoned district designation.

B.

The use proposed by conditional use permit is consistent with this Code, including the zoning ordinance.

C.

The use proposed is not detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

D.

The proposed use is in compliance with all applicable laws and ordinances.

(Ord. No. 471, § 3, 9-22-2020)

17.56.030 - Permitted uses—Any zone.

The following uses may be permitted in any zone upon the granting of a conditional use permit:

A.

Airports or aircraft landing fields;

B.

Cemeteries, columbariums, crematories and mausoleums;

C.

Churches or other places used exclusively for religious worship;

D.

City, county, state and federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary to the general welfare of the community;

E.

Day nurseries and nursery schools;

F.

Educational institutions, including schools, elementary or high;

G.

Establishments or enterprises involving large assemblages of people or automobiles, including amusement parks, circuses, carnivals, expositions, fairgrounds, open-air theatres, racetracks, recreational and sport centers;

H.

Hospitals, sanitariums and rest homes, homes for the aged;

I.

Institutions of a philanthropic or eleemosynary nature;

J.

Large-scale neighborhood housing projects having a minimum gross area of twenty (20) acres;

K.

Libraries, museums and private clubs;

L.

Natural resources development, together with the necessary buildings, apparatus or appurtenances, incident thereto, except drilling for or removal of oil, gas or other hydrocarbon substances;

M.

Parks, playgrounds and community buildings;

N.

Public utility or public service buildings, structures and uses;

O.

Radio and television transmitters;

P.

Real estate tract offices and signs;

Q.

Golf courses and country clubs;

R.

Mobile homes and mobile home parks.

(Ord. No. 448, § 3, 6-19-2018)

17.56.040 - Permitted Uses—Specific zone.

The following uses may be permitted in the zones indicated in this section upon the granting of a conditional use permit:

A.

Advertising sign boards or structures in the C-1 zone;

B.

Agricultural industries and the processing of agricultural products in the A-2 zone;

C.

Animal hospitals, kennels and veterinaries in the C-2 zone;

D.

Apartment hotels in the R-4 zone;

E.

Automobile trailer courts or mobile home parks in the R-4 zone;

F.

Reserved;

G.

Commercial stockyards and animal slaughter in the A-2 and M-3 zones;

H.

Dairies and livestock feed yards in the M-2, M-3 and A-1 zones;

I.

Dumps and refuse disposal areas in the A-2 and M-3 zones;

J.

Equestrian establishments, including stables, riding academies, schools or amusements, in the C-2 zone;

K.

Fruit, vegetable and meat packing plants in the A-1 and A-2 zones;

L.

Hog ranches in the A-2 zone;

M.

Housing for agricultural workers in the A-1 and A-2 zones;

N.

Mortuaries or funeral parlors in the C-1 and A zones;

O.

Sewer farms and sewage disposal plants in the A-2 and M-3 zones;

P.

Auto spray-painting operations when complementary to adjacent uses;

Q.

Fish farming in the E zone;

R.

Residential care facilities in the R-2, R-3 and R-4 zones.

(Ord. No. 448, § 3, 6-19-2018; Ord. No. 480, § 2, 4-26-2022)

A.

Suspension and revocation authority. The planning commission may suspend or revoke a conditional use permit when the permit holder or anyone acting on the permit holder's behalf has committed any of the following acts or maintained any of the following conditions:

1.

Any action or condition which would be grounds for denial of a conditional use permit.

2.

Any action or condition which constitutes a violation of this chapter, any other applicable provision of the Arvin Municipal Code, or any applicable condition of approval of the conditional use permit.

B.

Suspension and revocation procedures.

1.

Prior to suspending or revoking a conditional permit, the planning commission shall conduct a public hearing to determine whether there is an appropriate basis for suspension or revocation pursuant to subsection (A) above.

Written notice of the public hearing shall be mailed or delivered, at least ten (10) calendar days prior to the hearing, to:

i.

The permit holder, and the permit holder's duly authorized agent;

ii.

The owner of the subject real property as shown on the latest equalized assessment roll, if different than the permit holder, and such owner's duly authorized agent. Instead of using the assessment roll, the city may use records of the Kern County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll;

iii.

Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subject real property, whose ability to provide those facilities and services may be significantly affected by the proposed suspension or revocation; and

iv.

All owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the subject real property. Instead of using the assessment roll, the city may use records of the Kern County Assessor or Tax Collector if those records contain more recent information than the information contained on the assessment roll. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the city at least ten (10) days prior to the hearing.

v.

Any other person or entity entitled to notice pursuant to Government Code Section 65091, as may be amended.

3.

The notice of public hearing shall be published and posted in accordance with Government Code Section 65091, as may be amended.

4.

The notice of public hearing shall include the information required by Government Code Section 65094, as may be amended.

5.

At the date, time and place set forth in the notice of public hearing, the planning commission shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of

evidence shall not apply. At the conclusion of the public hearing, the planning commission shall render its decision.

6.

The decision of the planning commission shall be appealable to the city council by filing a notice of appeal with the city clerk within fifteen (15) days of the date of the decision. The notice of appeal shall specify the grounds for filing an appeal and shall be accompanied by any applicable fee established by resolution of the city council to cover the costs of processing the appeal.

7.

Within fifteen (15) days of the city clerk's receipt of a completed notice of appeal and payment of any required fees, the appeal shall be set for a hearing before the city council. Notice of the hearing shall be mailed or delivered, at least ten (10) calendar days prior to the hearing, to the persons specified in subsection (B)(2). The notice shall also be published and posted in accordance with subsection (B)(3).

8.

The hearing shall be conducted within forty-five (45) days of the city clerk's receipt of the completed appeal and payment of any required fees.

9.

At the date, time and place set forth in the notice, the city council shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of evidence shall not apply. At the conclusion of the public hearing, the city council shall render its decision.

10.

The city council's decision shall constitute a final administrative decision, while shall be subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.

(Ord. No. 448, § 3, 6-19-2018)

Chapter 17.58 - ENFORCEMENT

Sections:

All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 51 §3301 (part) 1965).

The provisions of this title shall be administered by the planning commission, whose inspectors or authorized representatives shall have the right to reasonably enter upon any premises affected by this title for purposes of inspection.

(Ord. 51 §3301(part), 1965).

Any building or structure erected or maintained, or any use of property contrary to the provisions of this title is unlawful and a public nuisance, and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and the city attorney shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

(Ord. 51 §330l(part), 1965).

The enforcement of this title shall be by the police department or an authorized representative and may also be enforced by injunction issued out of the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions of this Code.

(Ord. 51 §330l(part), 1965).

Nothing in this chapter shall be construed to authorize or permit the inspectors or representatives of the planning commission or any other city officer or employee to enter any building without the consent of the owner or the person in lawful possession thereof without first securing a search warrant as provided by law.

(Ord. 51 §330l(part), 1965).

Chapter 17.60 - SITE DEVELOPMENT PERMITS

Sections:

A.

To ensure that certain types of proposed developments will serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well-composed design, and to meet the city ordinances, site development permits shall be required for the development or expansion of the following:

1.

Mobile home parks, travel trailer parks, airports and commercial, industrial, public, and quasi-public building complexes. Multi-family residential development within the R-2, R-3, and R-4 zone district(s) that are not in compliance with chapter 17.72, multiple family residential design review;

2.

Use of any commercial or industrial structure vacant for more than ninety (90) days. For structures subject to chapter 17.68 (commercial - bear mountain central business district standards), existing structures vacant for more than sixty (60) days, except that if unusual hardship is shown the city planner may extend that time by up to an additional one hundred and eighty (180) days;

3.

Change of use from an existing use to a heretofore new use at that location;

4.

New development, not listed under chapter 17.05, uses permitted subject to administrative approval; or

5.

Expansion of existing structures, not listed under chapter 17.05, uses permitted subject to administrative approval.

B.

A site development permit shall be secured prior to the issuance of a building permit for any of the items listed in 1, 2, 3, 4, and 5, above.

(Ord. 174 §2(part), 1982).

(Ord. No. 456, § 4(Exh. A, § 22), 2-26-2019; Ord. No. 471, § 4, 9-22-2020; Ord. No. 2023-485, § 6, 7-252023)

The owner or his agent may make application for a site development permit. Such application shall be submitted to the planning division in writing on a form prescribed by the city planner, and shall be accompanied by the required fee and such plans as required in section 17.60.030.

(Ord. 174 §2(part), 1982).

(Ord. No. 2023-485, § 6, 7-25-2023)

The applicant shall submit three (3) prints of the site plan and three (3) flash drives. The site plan shall contain plot plans and elevations drawn to scale, and shall indicate clearly and with full dimensions the following information, where applicable:

A.

Name and address of the applicant and of all persons owning any or all of the property proposed to be used;

B.

Location of property involved (address or vicinity);

C.

Legal description of property;

D.

Proposed facility or use;

E.

The lot dimensions;

F.

All buildings and structures and their location, size, height, and proposed uses;

G.

Location and design of recreation areas;

H.

Yards and spaces between buildings;

I.

Walls and fences and their location, height, and materials;

J.

Landscaping and sprinkling system, including location, type and plant names and proposed disposition of existing trees;

K.

Off-street parking, including the location, number of stalls, dimensions of the parking facility, and internal circulation system;

L.

Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway locations and dimensions;

M.

Signs and their location, size and height;

N.

Loading, including the location, dimensions, number of berths, internal circulation, and means of accessibility to structure or use served;

O.

Lighting, including the location, general nature and hooding devices, if any;

P.

Street dedication and improvements;

Q.

Location of utilities and trash collection areas;

R.

An appropriate description legend and North point;

S.

Such other data or information as may be required by the city.

(Ord. 174 §2(part), 1982).

(Ord. No. 2023-485, § 6, 7-25-2023)

A.

Site development permits may be granted by the city planner, the planning commission or the city council. Within forty-five (45) days of the receipt of any application for a site development permit, the city planner shall review the application and render a decision to approve, conditionally approve, or deny the application. In reviewing any such application, the following should be considered:

1.

Compliance with all applicable laws and ordinances;

2.

Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and

Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.

B.

Before approving or conditionally approving any such application, the city planner shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

C.

Level of review: The site development permit is subject to review by the council, commission or city planner as follows:

1.

City planner - review of the following projects that do not otherwise require commission review:

a.

Remodeling of interior and/or exterior of existing buildings;

b.

Change of use of existing buildings where no site improvements are required;

c.

Mobile home parks, travel trailer parks, airports and building complexes encompassing less than one (1) acre;

d.

Existing structures vacant for more than ninety (90) days. For structures subject to chapter 17.68 (commercial - bear mountain central business district standards), existing structures vacant for more than sixty (60) days, as may be extended for unusual hardship by the city planner pursuant to 17.60.010;

e.

New structures less than one thousand (1,000) square feet;

f.

Expansion of existing structures of less than fifty percent (50%) and limited site improvements are required;

2.

Planning commission - Review of the following projects:

a.

New development of one thousand and one (1,001) square feet or more;

b.

Expansion of existing structures by more than fifty percent (50%);

c.

Change of use of existing structures where site improvements are required;

d.

Mobile home parks, travel trailer parks, airports and building complexes encompassing more than one (1) acre;

e.

All other development requiring a site development permit not listed in subsection C.1, above.

3.

The city planner may refer review of a site development permit to the commission, or the commission may refer review of a site development permit to the council, for review and action. Such referrals may be at the discretion of the referring body or person.

4.

Site development improvements are required consistent with chapter 17.70.

(Ord. 174 §2(part), 1982).

(Ord. No. 456, § 4(Exh. A, § 23), 2-26-2019; Ord. No. 471, § 5, 9-22-2020; Ord. No. 2023-485, § 6, 7-252023)

17.60.045 - Public hearing notice and process—Site development permits.

A.

Public hearing notices shall be provided in accordance with section 17.54.100, hearing - notice, subsection 2(a), (c), (d) (e) and (f) and Subsection 4.

B.

City planner level of review shall comply with the public hearing notice and process and upon conclusion of the hearing process shall prepare a resolution stating the compliance with the noticing process, date and time of hearing, identification of any correspondence either for or in opposition of the project, shall enumerate the findings of approval, list of conditions, etc. The resolution shall be filled with the city clerk.

(Ord. No. 2023-485, § 6, 7-25-2023)

17.60.050 - Appeals.

If the applicant or any aggrieved party is dissatisfied with the decision of the planning director, the applicant or any aggrieved party may appeal the decision in accordance with the procedures outlined in this chapter for the appeal of decisions on use permits.

(Ord. 174 §2(part), 1982).

(Ord. No. 456, § 4(Exh. A, § 24), 2-26-2019)

In granting a site development permit, the city planner, planning commission or city council shall attach whatever conditions are reasonable and necessary to fulfill the intent and purposes of this chapter. Such conditions and the application as approved shall be a part of such site development permit, and all changes in the use of appearance of land or buildings permitted by such permit shall be in accordance with the specified conditions and application as approved. Issuance of a site development permit may be made subject to guarantees and evidence that attached conditions are being or will be complied with.

(Ord. 174 §2(part), 1982).

(Ord. No. 456, § 4(Exh. A, § 25), 2-26-2019; Ord. No. 2023-485, § 6, 7-25-2023)

If the change in the use of land or buildings for which a site development permit is granted is not begun within one (1) year of the date of final approval of the permit application, such site development permit shall be deemed to be expired and of no further effect. Time extensions may be granted by the city planner, upon receipt of written request for time extension. Such written requests shall be accompanied by justification for such time extension by the applicant and upon payment of established fees. Time extension(s)s may be granted as necessary. Thereafter, before such a change in the use of land or buildings may be carried out, a new site development permit shall first be secured.

(Ord. 174 §2(part), 1982).

(Ord. No. 2023-485, § 6, 7-25-2023)

The applicant shall pay a nonrefundable fee, as set by resolution of the city council, but in no event more than the actual cost of the plan review shall be paid at the time of application for a site development permit.

(Ord. 174 §2(part), 1982).

(Ord. No. 449, § 8, 6-19-2018)

Chapter 17.62 - SIGN REGULATIONS (PRIVATE PROPERTY)[[17]]

Footnotes:

--- ( 17 ) ---

Editor's note— Ord. No. 408, adopted Aug. 6, 2013, amended Ch. 17.62 in its entirety to read as herein set out. Former Ch. 17.62, §§ 17.62.010—17.62.150, pertained to the same subject matter. See the Code Comparative Table for complete derivation.

The ordinance codified in this chapter shall be known as the "Sign Regulations." This chapter supersedes all other sign regulations contained in the Municipal Code, except Chapter 17.52, Nonconforming Buildings and Uses.

(Ord. No. 408, 8-6-2013)

The purpose and intent of these sign regulations is to:

A.

Regulate signs located on private property within the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power.

B.

Implement the city's general plan policies as set forth in the city's general plan, specific plans, special districts, design guidelines, and municipal code.

C.

Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.

D.

Serve the city's interests in maintaining and enhancing its visual appeal for residents, tourists and other visitors, by preventing the degradation of visual quality which can result from excessive and poorly designed located or maintained signage.

E.

Generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.

F.

Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business.

G.

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.

H.

Establish sign sizes in relationship to the scale of the parcel and building on which the sign is to be placed or to which it pertains.

I.

Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.

J.

Protect the investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.

K.

Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information.

L.

Reduce hazardous situations, confusion and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

M.

Regulate signs in a manner so as not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

N.

Avoid unnecessary and time consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the city's building and electrical codes while limiting the size and number of such signs so as to minimize visual clutter.

O.

Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

P.

Enable the fair, consistent and efficient enforcement of the sign regulations of the city.

Q.

Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion is to be exercised in light of this policy and consistent with the purposes and intent stated in this section.

R.

The primary purpose of a sign is to identify the business. Advertising signs alone are prohibited. However, in conjunction with an identification of the business, signs information on not more than five (5) products may be allowed. For example, information on products such as bakery or photography or hardware may be allowed.

(Ord. No. 408, 8-6-2013)

17.62.030 - Definitions.

The words, phrases and terms used in this chapter will have the meaning set forth in this section unless another meaning is clearly apparent from the context.

"Sign" means any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. The following are not within the definition of "sign" for the regulatory purposes of this chapter:

a.

Any public or legal notice required by a court or public agency;

b.

Decorative or architectural features of buildings, except letters, trademarks or moving parts;

c.

Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;

d.

Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle;

e.

Traffic, directional, emergency, warning or informational signs required or authorized by a government agency having jurisdiction;

f.

Permanent memorial or historical signs, plaques or markers;

g.

Public utility signs; and

h.

News racks that are otherwise subject to regulation under this Code.

"Alley-side signs" means a sign affixed to the wall of a building adjacent to an alley.

"Awning sign" (also known as a "canopy sign") means a sign affixed to an awning or canopy that is affixed to a building.

"Banner sign" means a temporary sign publicizing a unique happening, action, purpose or occasion and constructed of lightweight cloth, canvas, paper or similar material.

"Business associates sign" means lettering on the building or windows of a building indicating the owners, operators or associates of the business or occupancy.

"Changeable copy sign" means a sign that is characterized by changeable copy, letters symbols, or numerals.

"Cabinet-style sign" means a sign that is affixed to the wall of a buiding and is typically comprised of a metal cabinet or box, generally illuminated from within, and into which a sign is inserted for display.

"Campaign sign" means a sign that is designed to influence the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election.

"Changeable copy sign" means a sign that is characterized by changeable copy, letters symbols, or numerals.

"Commercial message" means any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.

"Commercial sign" means any sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose.

"Construction sign" means a temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter.

"Department" means the Department of Planning and Building of the City of Arvin.

"Direct lighting" means a light source used which is detached from the sign to illuminate the sign surface.

"Director" means the Director of the Planning and Building Department of the City of Arvin or the director's designee.

"Directional sign" means a freestanding sign placed near a driveway that directs motorists to parking facilities.

"Directory sign" means a sign illustrating the general site plan and listing the businesses or establishments within an office complex, shopping center or industrial complex showing the locations of various buildings, uses or occupancies on a single display surface.

"Display surface" means that area of a sign or area structure utilized for displaying copy, messages or display.

"Double-face sign" means a sign that has two (2) display surfaces; backed against each other or against the same supporting structure in such a manner that each display surface is designed to be viewed from a different direction.

"Drive-through menu board" means a wall or monument sign displaying a list of items available with prices at a drive-through business for the purpose of taking drive-through orders.

"Erect" means to build, construct, attach, hang, place, suspend or affix to or upon any surface.

"Face or wall of a building" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

"Feather sign" means a sign typically composed of a vertical pole with a fabric banner attached to the pole, which is designed to flap or move in the wind.

"Flashing sign" means any sign which, by method or manner of illumination, flashes, winks or blinks with varying light intensity, shows motion, or creates the illusion of motion; or revolves in a manner to create the illusion of being on or off.

"Freestanding sign" means any sign mounted on the ground and not attached to any other structure. Freestanding signs are by definition monument signs no higher than ten (10) feet, where the base is a solid structure that is aesthetically part of the sign and is at least fifty percent (50%) of the width of the sign face. Pole signs are not allowed under this title.

"Fuel pricing sign" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other information as may be required by law.

"Future construction sign" means a sign indicating the future location of a building and the developer of such building.

"Hand-held sign" means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand held sign does not include a noncommercial sign.

"Identification sign" means a sign that contains only the name, trademark or symbol, or address, of the building or occupant of the property.

"Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than ninety (90) days; (c) any unsafe sign.

"Incidental sign" means a sign indicating credit cards accepted, trade affiliations, no solicitation, no trespassing and similar property-related matters.

"Incidental traffic control signage" means signs placed within on-site parking facilities that provide directional and traffic safety information for motorists.

"Industrial park" means a group of four (4) or more industries developed as an independent entity under a common plan and design with common off-street parking as an integral part thereof, the single units of which entity do not have direct access to a public street but with the entity as a whole having such direct access.

"Inflatable sign" means a sign that is inflated by air or other gaseous matter.

"Interior illumination" means the placement of lights on the interior of a sign panel designed to evenly distribute the source of light upon the translucent sign surface.

"Legal nonconforming sign" means a sign that was originally erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this chapter.

"Lighted sign" means a sign that is illuminated by any source, whether internal, external or indirect.

"Marquee sign" means a sign affixed to a building that projects into a public or private right-of-way and which is typically used to identify movie or live performance or event attractions.

"Master sign program" means a plan showing the location, dimensions, area, color, lighting and materials of all signs located on a single parcel or parcels, either under the same ownership or under the same planned development permit.

"Menu board sign" means a wall or monument sign displaying a list of items available with prices at a drivethrough business for the purpose of taking drive-through orders.

"Mobile sign" means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle.

"Monument sign" means a sign supported by a base constructed of concrete, block or rock material placed in or upon the ground that has no air space, columns or supports visible between the ground and the bottom of the sign.

"Moving, rotating or animated sign" means a sign which rotates, moves, flashes, blinks, or directs attention to or advertises with human or animal figures, or products sold, has animated movement by digital or electronic devices, or a sequence or series of flashing, flickering, rotating, moving, or blinking lights, excepting therefrom any sign as may show date, time, temperature or barometric information only.

"Multi-tenant sign" means a sign listing the names of the various tenants, which do not have direct access or visibility to a public street, occupying a building or buildings on a parcel of land or multiple parcels of land approved under a common plan with common off-street parking and access.

"Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or call attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.

"Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

"Occupancy frontage" means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location.

"Office complex" means a group of four (4) or more separate offices, developed as an independent functioning entity under a common plan and design with common off-street parking as an integral part of the plan and where the separate offices do not have direct access to a public street but the complex as a whole has such direct access.

"Off-site sign" means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. "Off-site sign" includes outdoor advertising structures.

"On-site sign" means any sign which directs attention to occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be "on-site," regardless of location.

"Outdoor advertising structure" means a sign erected for the purpose of advertising a product, event, person or subject not related to the premises on which the sign is located (i.e., a billboard).

"Pedestrian sign" generally means a sign mounted under an arcade intended to provide information for pedestrians.

"Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building.

"Portable sign" also referred to as an "A-frame sign" or a "sandwich board sign" means a freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy, but does not include hand-held signs. For the purposes of this title, a portable sign does not include a noncommercial sign.

"Projecting sign" means a sign that projects from and is supported by a wall or a façade of a building. Projecting signs are also referred to as marquee signs.

"Public convenience sign" means a sign that serves the public safety or convenience, such as a sign that indicates the entrance or exit to a property, identifies parking areas, or provides regulatory or service information of a noncommercial character.

"Real estate sign" means any temporary sign that relates to the sale, lease or exchange of all or a portion of the premises upon which it is located.

"Roof sign" means a sign erected upon or wholly supported by the roof of a structure.

"Sandwich board sign" means a "portable sign" as defined herein.

"Service station canopy sign" means a sign that is mounted on a canopy that provides shelter for gasoline pumps at a gasoline service station.

"Shopping center" means a group of four (4) or more separate stores developed as an independent functioning entity under a common plan and design with common off-street parking as an integral part of the design, and the single units of the entity do not have direct access to a public street but the entity as a whole does have such direct access.

"Sign face" means that portion of a sign intended to be viewed from one (1) direction at a time.

"Subdivision directional sign" means a sign utilized for the purpose of indicating the flow of traffic or travel to reach a specific subdivision, and the copy of which is limited to identifying the subdivision together with specific directions to enable the traveler to locate the location of the subdivision.

"Subdivision identification sign" means an on-site sign that identifies a subdivision, but contains no other advertising copy.

"Subdivision sale sign" means a temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time, but contains no other advertising copy.

"Temporary sign" means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time.

"Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism.

"Wall sign" means a sign applied to or mounted on or painted on the surface of a building and the display surface of which is parallel to or on the wall surface and which has no portion that projects more than twelve (12) inches from the wall surface.

"Waving man sign" means a type of sign or attention-getting device that is typically constructed of fabric (often in the shape of a human) that is attached to a motorized fan, resulting in continuous motion of the fabric portion of the device.

"Window sign" means a temporary sign placed in or attached to the interior side of a window.

"Zone" means the zone district designation, definition or classification designated in Title 17 of this Code.

The following definitions contained in Title 17.02 of this Code (as they may be amended) apply to the provisions of this title:

a.

Yard, front;

b.

Yard, Rear;

c.

Yard, side;

d.

Street.

(Ord. No. 408, 8-6-2013)

This chapter regulates signs located on private property within all zoning districts of the city. This chapter also applies to signs within public rights-of-way, and to property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter.

(Ord. No. 408, 8-6-2013)

A.

Sign permit required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter, change commercial message copy (except for changeable copy signs), move, or display any temporary or permanent sign without first obtaining a sign permit from the department in accordance with the provisions of this chapter. No additional sign permit is required for cleaning or other normal maintenance of a previously approved sign, unless a structural or electrical change is made.

B.

Owner's consent required. The consent of the property owner or person in control or possession of the property is required before any sign may be erected on any private property within the city.

C.

Noncommercial signs. Noncommercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A permit is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be "on-site," regardless of location.

D.

Substitution of noncommercial messages. Subject to the consent of the property owner or person in control or possession of the property, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement and no structural or electrical change is made. When a noncommercial message is substituted for any

other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail.

E.

Legal nature of sign rights and duties. All rights, duties and responsibilities related to permanent signs attached to the land on which the sign is erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign.

(Ord. No. 408, 8-6-2013)

The following signs do not require a sign permit under Section 17.62.070[Administration], nor will the area of such signs be included in the maximum area of signs permitted; provided, however, that each such sign must comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the city's building or electrical codes.

A.

Campaign signs.

B.

Construction signs.

C.

Hand-held noncommercial signs.

D.

Real estate signs.

E.

Temporary freestanding noncommercial signs permitted by Section 17.62.090 (K).

(Ord. No. 408, 8-6-2013)

A.

Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign.

B.

Sign permit application process.

1.

Where specifically required by this chapter, an application for a sign permit must be made in writing on the form provided by the department and accompanied by any required materials, plans and exhibits, and the required fee established by city council resolution.

2.

The director shall initially determine whether the application contains all the information and items required by the provisions of this chapter and may be deemed complete.

3.

All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States Mail or the date upon which personal service of such notice is provided.

4.

No sign permit application will be accepted if:

(a)

The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application.

(b)

There is any other existing sign code violation located on the site of the proposed sign(s) (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) that has not been cured at the time of the application.

(c)

The sign permit application is substantially the same as an application previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application.

(d)

The applicant has not submitted for processing or obtained any applicable use permit.

C.

Standard sign permit review process.

1.

After receiving a complete sign permit application, the director shall cause the application to be reviewed and render a written decision to approve or deny the application within thirty (30) business days.

2.

Determinations on sign permit applications are to be guided by the standards and criteria set forth in this chapter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter.

3.

An application may be granted either in whole or in part when more than one (1) sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director, his designee, or planning commission must be in writing and must specify the grounds for such denial.

D.

Sign permit review: master sign programs, modifications, and variances.

1.

Master sign programs. The director has the authority to authorize master sign programs with specific design standards to enable reasonable flexibility for unique circumstances and special design themes.

2.

Modifications. The director may grant slight modifications in or approve signs deviating from the provisions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifications from the permitted sign area, height or setback requirements not to exceed ten percent (10%). Before granting any such minor modification, the director must make the applicable variance findings set forth in Chapter 17.54 of this Code.

3.

Variances. The planning commission may grant variances from the provisions of this chapter for the erection and maintenance of signs when difficulties, unnecessary hardship or results inconsistent with the general purpose of this chapter would otherwise occur and would deprive the owner of rights enjoyed by others. The application and review process for a sign variance will follow the applicable procedures set forth in Chapter 17.54 of this Code.

E.

Time limit. Signs authorized by a permit issued pursuant to this chapter must be erected within one (1) year of the issuance of the permit, otherwise the approval will be null and void.

F.

Revocation of a sign permit. Subject to Section 17.62.150 [Appeals], the director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure.

(Ord. No. 408, 8-6-2013)

17.62.080 - General location, height and area measurement standards.

A.

Location standards.

1.

Except as specifically provided in this chapter, no sign may be located upon or project over a public rightof-way.

2.

Except as specifically provided in this chapter, no sign may extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located.

Signs must be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.

4.

All signs authorized under this chapter must be placed on the side of the property facing on a public or private right-of-way.

B.

Sign height. Sign height will be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign.

C.

Sign area. The surface area of any sign face will be computed from the smallest rectangles, circles or triangles which will enclose all words, letters, figures, symbols, designs and pictures, together with all framing, background material, colored or illuminated areas, and attention-attracting devices forming an integral part of the overall display, but excluding all support structures, except that:

1.

Superficial ornamentation or symbol-type appendages of a non-message-bearing character which do not exceed five percent (5%) of the surface area will be exempted from computation.

2.

Wall signs painted on or affixed directly to a building wall, facade or roof, and having no discernible boundary, will have the areas between letters, words intended to be read together, and any device intended to draw attention to the sign message included in any computation of surface area.

3.

Signs placed in such a manner, or bearing a text, as to require dependence upon each other in order to convey meaning will be considered one (1) sign and the intervening areas between signs included in any computation of surface area.

4.

Spherical, cylindrical or other three-dimensional signs not having conventional sign faces will be computed from the smallest three-dimensional geometrical shape or shapes which will best approximate the actual surface area of such faces up to an eight-sided shape.

5.

Logos and graphics will be included as part of the calculation of sign area.

(Ord. No. 408, 8-6-2013)

The following signs are permitted in all zones subject to the applicable regulations:

A.

Campaign signs.

1.

Number. Each parcel may have one (1) temporary freestanding campaign sign for each political candidate or issue on each street frontage.

2.

Area. In agricultural, commercial, and industrial zones, no campaign sign may exceed thirty-two (32) square feet in area per face. A campaign sign may be double-faced if it is placed perpendicular to the right-of-way. In residential areas, no campaign sign may exceed six (6) square feet in total area per face and may be double-faced.

3.

Height. No freestanding campaign sign may exceed four (4) feet in height.

4.

Location. Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may encroach into the public right-of-way.

5.

Time limit. All campaign signs must be removed within 7 days following the election for which they are intended. If not timely removed, the sign will be deemed to be abandoned and may be removed by the city without notice.

6.

Lighting. Campaign signs may not be illuminated.

B.

Construction signs.

1.

Number. Any parcel with construction activity under a valid building permit is permitted one (1) construction sign.

2.

Area. A construction sign may not exceed thirty-two (32) square feet in area.

Height. A freestanding construction sign may not exceed eight (8) feet in height.

4.

Location. Construction signs must be parallel to a public right-of-way but may not encroach into the rightof-way.

5.

Time limit. A construction sign may not be erected until after the issuance of the applicable building permit. The sign must be removed before issuance of a certificate of occupancy is issued.

6.

Lighting. Construction signs may not be illuminated.

C.

Flags.

1.

Number. Flag poles may be erected on any parcel with a limit of three (3) flags per flag pole, which may include a flag of the United States, California, the city, or a corporate or philanthropic or charitable use.

2.

Area. The size of any flag must be compatible with the size and design of the flag pole. All flags must be contained within the property boundaries where they are displayed.

3.

Height. An applicant must obtain a building permit for all poles that are six (6) feet or higher, and the height of the flag pole may not exceed that permitted for structures in the zone in which it is intended to be erected.

4.

Lighting. Flags may be illuminated.

D.

Future construction signs.

1.

Number. Any parcel approved for future construction is permitted one (1) future construction sign.

2.

Area. A future construction sign may not exceed thirty-two (32) square feet in area.

3.

Height. A future construction sign may not exceed eight (8) feet in height.

4.

Location. Future construction signs must be erected parallel to a public right-of-way but may not encroach into the right-of-way.

5.

Time limit. A future construction sign may be erected following approval of a planned development permit, conditional use permit or similar entitlement. In the event construction does not start within this one (1) year following the date of the applicable approval, the sign must be removed unless an extension of time is approved by the director. The sign must be removed if a construction sign is erected and must be removed in any event before a certificate of occupancy is issued.

6.

Lighting. Future construction signs may not be illuminated.

E.

Public convenience signs. Public convenience signs may be authorized and approved by the director when the director finds such signs are necessary. No sign may exceed five (5) square feet in area.

F.

Real estate signs.

1.

Number and area.

(a)

In agricultural, residential, and open space zones, one (1) wall-mounted or freestanding real estate sign is permitted for a parcel on each street frontage, provided the sign does not exceed six (6) square feet in area for each sign face. Mobile home parks may have a real estate sign that does not exceed sixteen (16) square feet in area for each face.

(b)

In the commercial and industrial zones, one (1) wall-mounted or freestanding real estate sign is permitted for a parcel on each street frontage, provided the sign does not exceed twenty-four (24) square feet in area for each sign face.

2.

Height. Freestanding real estate signs may not exceed the following heights:

(a)

In the agricultural, residential, and open space zones, signs may not exceed six (6) feet (eight (8) feet for mobile home parks).

(b)

In the commercial and industrial zones, signs may not exceed eight (8) feet.

3.

Location. Freestanding real estate signs may be placed in front yard set back areas, provided such signs are located at least ten (10) feet away from any adjacent street.

4.

Time limit. All real estate signs must be removed within fifteen (15) days after the applicable property has been rented, leased or sold.

5.

Lighting. Real estate signs may not be illuminated.

G.

Subdivision directional signs.

1.

Number. An applicant may request up to four (4) directional signs for any one (1) subdivision project. The director shall review the general arterial streets serving the development and the necessity for various turning movements in order to determine the actual number of directional signs that will provide proper access to the subject subdivision.

2.

Area. Subdivision directional signs may not exceed thirty-two (32) square feet in area per face.

3.

Height and location. Subdivision directional signs may not be placed in a thirty-foot corner cutoff area, or within two hundred (200) feet of any other subdivision directional sign. The height and location of each subdivision directional sign will be determined by the director.

4.

Security. A bond or similar security in an amount and form satisfactory to the city is required to be posted to guarantee removal of any approved subdivision directional signs.

5.

Time limits. A subdivision directional sign must be removed after it has been erected for two (2) years or when all of the subdivision has been sold, whichever occurs first. This time limit may be extended by the director.

6.

Lighting. Subdivision directional signs may not be illuminated.

H.

Subdivision sale signs.

1.

Number. Each subdivision is permitted one (1) subdivision sale sign.

2.

Area. Subdivision sale signs may not exceed one hundred (100) square feet in area per face.

3.

Height. Subdivision sale signs may not exceed twenty-five (25) feet in height.

4.

Lighting. Subdivision sale signs may not be illuminated.

5.

Time limits. A subdivision sale sign must be removed after it has been erected for two (2) years or when all of the subdivision has been sold, whichever occurs first. This time limit may be extended by the director.

I.

Subdivision identification sign.

1.

Number. A subdivision identification sign is permitted at any direct entrance (not to exceed two (2)) from a limited access road that borders the development. The sign may be either a monument sign or a wall sign.

2.

Area. Subdivision identification signs may not exceed twenty-five (25) square feet in area per face.

3.

Height. If a monument sign is used, the height may not exceed eight (8) feet.

4.

Lighting. Subdivision identification signs may not be illuminated unless the maintenance is assumed by a property owners' association as part of the recorded conditions, covenant and restrictions for the project.

J.

Temporary agricultural stand signs. Temporary agricultural stands are permitted thirty (30) square feet of wall sign area on the building frontage on a public street. No sign may be illuminated.

K.

Temporary freestanding noncommercial signs.

1.

Number. In residential zones only, each parcel is permitted two (2) temporary freestanding noncommercial signs at all times. Such signs are in addition to all other signage allowed in this chapter.

2.

Area. A temporary freestanding noncommercial sign may not exceed six (6) square feet in area.

3.

Height. A temporary freestanding noncommercial sign may not exceed four (4) feet in height.

4.

Location. Temporary freestanding noncommercial signs may be placed in the front yard or side yard of any property, provided that the signs do not encroach into any public right-of-way.

5.

Lighting. Temporary freestanding noncommercial signs may not be illuminated.

L.

Window signs. Maximum area: Up to twenty-five percent (25%) of the area of each individual window may be covered with a window sign or graphic. No permit is required for window signs.

(Ord. No. 408, 8-6-2013)

In addition to any other applicable signage allowed under this chapter, the following signage is permitted in residential zones:

A.

Multi-family housing. Apartment, condominium and townhouse projects are permitted one (1) identification sign, which may be a monument sign or a wall sign, not exceeding twenty (20) square feet in area per face, eight (8) feet in height if a monument sign, and may be shadow lighted.

B.

Mobile home parks. Each mobile home park is permitted one (1) lighted or unlighted identification sign. The sign area may not exceed thirty (30) square feet if single faced or twenty (20) square feet if double-faced, and the sign height may not exceed six (6) feet.

C.

Public facilities. In all residential zones, churches, schools, hospitals, public facilities, institutional, conditional and special uses are permitted:

1.

One (1) lighted or unlighted double-faced monument or single-faced wall identification sign, not to exceed forty (40) square feet in area, with the size and location to be determined by the planning commission. A monument sign may not exceed eight (8) feet in height, and a freestanding sign may not exceed twelve (12) feet in height.

2.

One (1) temporary banner sign, not to exceed thirty-six (36) square feet in area. A banner sign may be erected up to four (4) times a year for a period not to exceed thirty (30) days. The banner sign must be removed within five (5) days of the conclusion of any event or activity which it advertises.

(Ord. No. 408, 8-6-2013)

17.62.110 - Signs permitted in Commercial and Manufacturing Zones.

The following regulations shall apply in commercial and manufacturing zones (see also Exhibit 2 for graphic illustration of key sign types and standards).

A.

All new signs, renovated signs, or commercial copy changes to existing signs, shall go through the design review process to ensure that they conform to the design guidelines set forth in subsection 17.62.120. The design review process may result in the director requiring that the dimensions or other specifications of the signs to be less than the maximums set forth in this subsection.

1.

Wall signs

a.

Number of signs per business. The number of wall signs permitted per business or parcel is as follows:

i.

One (1) primary wall sign is permitted on the wall with the primary public entrance to the business. For businesses with more than one (1) entrance, only one (1) entrance shall be counted as the primary

entrance. Alternatively, the applicant may choose a wall, other than the wall with the primary public entrance, as the location for the primary wall sign.

ii.

Where the site abuts a public street and the primary entrance is on a wall not facing the street, a secondary wall sign is permitted on the wall facing the street.

iii.

If the site has a parking lot and a building wall faces the parking lot and that wall does not have a wall sign permitted under i. or ii, above, a secondary wall sign is permitted on the wall facing the parking lot. Not more than one (1) such parking lot sign is permitted.

iv.

For businesses fronting onto a public alley, one (1) alley wall sign is permitted for the wall that faces onto the alley.

b.

Calculation of Wall Sign Area:

i.

For a primary wall sign, 0.9 square foot of sign area is permitted for each foot of linear occupancy frontage, as shown in Exhibit 1, up to a maximum of one hundred fifty (150) square feet of sign area, whichever is less. Notwithstanding this regulation, all businesses shall be permitted a minimum of twenty-five (25) square feet of primary wall sign.

ii.

Where a secondary wall sign is permitted, the maximum sign area shall be one-half (½) the permitted sign area of a primary sign.

iii.

For an alley wall sign, the maximum sign area shall be twenty-five (25) square feet.

iv.

For multi-tenant buildings, each tenant shall be permitted one (1) sign mounted on the wall with the primary entrance, except for corner units which may be permitted a primary wall sign and a secondary wall sign.

c.

Maximum Height: Wall signs shall be placed so as not to exceed the top of the vertical wall surface on which the sign is mounted. Signs mounted on a pitched roof may not extend the peak of the ridge line of the roof. No sign is permitted on the top of a flat-roofed structure.

Exhibit 1: Calculation of Permitted Wall Sign Area Example

Exhibit 2: Selected Commercial Sign Standards

Freestanding Signs.

a.

Maximum Height: Ten (10) feet.

b.

Maximum Area: Thirty-five (35) square feet per sign face.

c.

Sign Design: Freestanding signs shall be designed as a monument sign and shall be either housed in a frame, or set onto a base, presenting a solid, attractive, and well-proportioned appearance. The width of

the base of the sign shall not be less than fifty percent (50%) of the width of the face of the sign. Pole signs are not permitted under this chapter.

d.

Number per parcel: One (1) freestanding sign is permitted per parcel (or collection of parcels functioning as a single integrated development) for each one thousand (1,000) lineal feet of street frontage, or fraction thereof, except that parcels with frontage on more than one (1) public street shall be permitted one (1) freestanding sign for each one thousand (1,000) lineal feet of frontage (or fraction thereof) on each street.

e.

Setbacks: A freestanding sign shall be set back a minimum of five (5) feet from any interior side property line. Encroachment into a setback may be permitted by the director where the location of existing improvements presents a functional hardship in compliance with the required setback.

f.

Landscaping. All freestanding signs shall be placed in a landscape planter of an area at least twice the size of one (1) side of the sign structure.

3.

Directional Signs.

a.

Maximum height: Four (4) feet.

b.

Maximum Area: Six (6) square feet.

c.

Number per site: One (1) per driveway from a public street.

d.

Location: Directional signs shall be placed within five (5) feet of a driveway that accesses the site from a public street. Placement of directional signs shall ensure the sight safety of vehicles entering/leaving a site is not compromised.

4.

Directory Signs.

a.

Number per site: One (1) per public vehicle and/or pedestrian entrance to the site.

b.

Maximum Area: Thirty-five (35) square feet.

c.

Maximum Height (if freestanding): Six (6) feet. Directory signs mounted on a building wall shall not project above the top of the wall.

d.

Location: No directory sign which is a freestanding sign may locate closer than five (5) feet to any neighboring property line or closer than three (3) feet to any point of ingress/egress.

5.

Temporary/Portable Signs.

a.

Banners

i.

Number of signs: One (1) banner sign is permitted per business.

ii.

Maximum Height: Not to exceed roof line of nearest building or building affixed to but in no case higher than thirty (30) feet. Banner signs shall not be attached to existing freestanding signs.

iii.

Maximum Area: Fifty (50) square feet.

iv.

Permitted Time: Banner signs may be utilized for no more than thirty (30) days per calendar year. The banner shall include a date visibly noted on the sign and be removed within thirty (30) days of the posted date.

v.

Temporary signs used as the primary identification for a business shall be removed within thirty (30) days and replaced with a permanent sign.

b.

Sandwich board signs

i.

Maximum Height and Width: Three (3) feet wide and four (4) feet tall, maximum.

ii.

Maximum Area: Twelve (12) square feet.

iii.

Number per business: One (1).

iv.

Location: May be placed on the business site as long as no conflicts with vehicle safety result. May also be placed on the public sidewalk adjacent to the business, but must permit a minimum of four (4) feet of passage area on sidewalk.

v.

Permitted Display Time: Sandwich board signs may be used only during business hours for the business being advertised.

c.

Feather signs

i.

Number per business: One (1).

ii.

Maximum Height: Ten (10) feet tall, maximum.

iii.

Location: May be placed on the business site as long as no conflicts with vehicle safety result.

iv.

Permitted Display Time: Feather signs may be used only during business hours for the business being advertised.

d.

Changeable Message Copy Signs. A business that enters into an agreement with the city to not use temporary signs (banner signs and sandwich board signs) may be permitted a changeable message copy sign to be incorporated into its freestanding monument sign, or as a building wall sign. The area of the changeable message copy sign shall not exceed thirty-five (35) square feet.

6.

Projecting Signs.

a.

Maximum Height and Projection: Not to exceed roof line of wall or structure to which projecting sign is attached. (Note: Bottom of sign shall be a minimum of eight (8) feet from ground to provide proper clearance.)

b.

Number per business: One (1), but a projecting sign is permitted only where a wall sign is not used on the same wall.

c.

Calculation of Area: 0.5 square foot of sign area for each lineal foot of building frontage of the business to which sign is attached, up to a maximum area of fifty (50) square feet.

d.

Location: Projecting signs may extend over public rights-of-ways including public sidewalks not to exceed two-thirds (⅔) of the distance from the building face to which the sign is attached to the curb face of said sidewalk.

7.

Awning/Canopy Signs.

a.

Number of signs: Where an awning is present, a sign may be affixed to the awning.

b.

Maximum Area: The area of signage on each surface of an awning shall not exceed twenty-five percent (25%) of the area of the individual surface.

c.

Location: Awning signs shall be made of removable materials such as individual cut-out letters and/or symbols attached, stenciled or otherwise placed on the canopy surface, and may be located on exterior surfaces of a canopy. Canopy signs shall be of color, size and design consistent with the color, size and design of the canopy on which they are placed.

8.

Window Signs. Maximum Area: Up to twenty-five percent (25%) of the area of each individual window may be covered with a window sign or graphic. No permit is required for window signs.

9.

Alley-Side Signs

a.

Number of Signs/Sign Area: Any building facing a public alley shall be permitted one (1) alley-side sign with a maximum of twenty-five (25) square feet of sign area. An alley-side sign may be in the form of either a wall-sign, awning sign, or projecting sign. Projecting signs shall be placed at a height to avoid truck traffic, but may not project above the wall on which they are mounted.

10.

Service Station Canopy Signs

a.

Number of signs: One (1) sign is permitted on each canopy face.

b.

Size: Ten (10) square feet, maximum per canopy face.

Pedestrian Signs

a.

Number of signs: One (1) pedestrian oriented sign that projects or hangs above a sidewalk on each side of a building with a public entrance.

b.

Size: Each sign may be a maximum of five (5) square feet in size and may hang or be suspended no lower than eight (8) feet above grade level.

12.

Drive-Through Menu Boards. No more than two (2) drive-through menu/order boards are permitted for each food and/or beverage establishment featuring a drive-through. Each sign shall not exceed forty (40) square feet and be no taller than eight (8) feet.

13.

Incidental traffic control signage in parking lots within private developments.

a.

Number of signs and size: As determined to be necessary by the city engineer.

(Ord. No. 408, 8-6-2013)

17.62.120 - Sign Design Guidelines.

A.

Design Compatibility: The design of all signs shall be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity. Freestanding signs shall be finished with the same or compatible materials as the building on the site. For purposes of this chapter, compatibility will be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering. In applying the design guidelines set forth below, the final decision as to whether the proposed sign complies with said guidelines shall rest with the director, after appropriate consultation with the applicant and/or applicant's representatives and subject to any right of appeal set forth in this section.

Exhibit 3: Selected Sign Design Criteria

B.

Size: Notwithstanding applicable sign standards elsewhere in this chapter, sign size shall be proportionate to the size and scale of the site and building upon which the sign is proposed. Sign dimensions as specified in this chapter are maximum allowable dimensions; it may be necessary that signs be smaller than the maximum allowed in order to be proportionate in size and scale to achieve the design objectives of this section.

C.

Commercial and Industrial Center Signs: Individual tenant signs within multi-tenant centers shall be coordinated in size, location, materials and illumination, to ensure consistent design.

D.

Color: Colors shall be used in coordinated groupings, and shall be consistent with those colors used in the building or project design. For cabinet-style signs, a dark sign background is preferred with light colored copy (characters/graphics).

E.

Logos and Trademarks: The use of established corporate colors or logos shall not be prohibited by this section. When established corporate colors are incompatible with building colors, compatibility in design with the surrounding development should be accomplished through the use of appropriate background colors or other design features, such as materials, surface treatment, and the size and style of lettering.

F.

Lighting Intensity: The light emitted or reflected by a sign, or emitted by a light source, shall be of intensity levels that do not cause undue glare and shall be compatible with the architecture of the building and the immediate vicinity. Artificial light sources shall be shielded to prevent light spillage, glare or annoyance to persons on or inside adjoining properties or to public or private rights-of-way.

G.

Sign Bases and Frames: Freestanding signs shall be either housed in a frame, or set onto a base, presenting a solid, attractive, and well-proportioned appearance. The size and shape of the frame or base shall be proportionate to the size and mass of the sign and should be low-profile in design. Pole type signs are not permitted. Guy wires, angle irons, braces and other support or construction elements shall be screened or hidden from view.

H.

Landscaping: Freestanding signs shall be located in a landscaped area proportionate to the size of the sign, but not less than twice the size of one (1) side of the sign face. Appropriate accent landscaping should be placed at the base of the sign.

I.

Sign Copy: Sign copy should be simple and concise without excessive description of services or products. On freestanding signs, sign copy should be designed to contribute to the design of the structure on which it is displayed. In all cases, freestanding sign design and sign copy should be coordinated to provide an attractively designed freestanding element which identities the development or project.

J.

Wall Signs: Building signs should be mounted flush against the building, and shall not project above the roof ridge or the top of the parapet.

K.

Maintenance: All signs and their supporting members shall be kept in good repair and maintained in good structural condition at all times.

L.

Design Quality. All signs shall be professionally designed and manufactured. Signs that utilize hand-made lettering or elements must be avoided.

(Ord. No. 408, 8-6-2013)

17.62.130 - Prohibited signs.

The following signs are prohibited in all zones:

A.

Bunting, streamers, and pennants, except banner and flag signs permitted pursuant to this chapter.

B.

Devices projecting or otherwise reproducing the image of a sign or message on any surface or object.

C.

Flashing signs.

D.

Hand-held commercial signs.

E.

Inflatable signs.

F.

Mobile signs.

G.

Moving, rotating or animated signs, including fan-powered "waving man" signs.

H.

Off-site signs.

I.

Outdoor advertising structures.

J.

Portable commercial signs.

K.

Sign message containing advertisement only, except those permitted pursuant to this chapter.

L.

Roof signs.

M.

Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign.

N.

Signs emitting audible sounds, odors or particulate matter.

(Ord. No. 408, 8-6-2013)

A.

Unsafe signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property fifteen (15) days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty (30) days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with the law.

B.

Illegal signs. Any illegal sign must be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the director. Such notice must specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal or repair may not be less than fifteen (15) days from the date of mailing the notice. The director's order may be appealed to the planning commission in the manner provided in Section 17.62.150[Appeals].

C.

Legal nonconforming signs - special circumstances. In accordance with California Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter.

D.

Abatement of signs. Whenever the permit holder, property owner, or person in possession or control of the property fails to comply with an order of the director requiring compliance with this chapter, the city may abate any such sign in the manner set forth in Chapter 17.58 of this Code.

(Ord. No. 408, 8-6-2013)

A.

General procedure. Any person seeking to appeal a decision of the director or planning commission granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign, may appeal such action, first to the planning commission if pertaining to a decision of the director, and if dissatisfied with the decision of the planning commission, then to the city council in the manner provided by this section.

B.

Effective date of decision. Decisions of the director or planning commission under this chapter will be final and conclusive on the tenth consecutive calendar day following the date of the director's or planning commission's decision, unless an effective timely and complete appeal is filed as provided in this section.

C.

Form of appeal. An appeal must:

1.

Be in writing on a form provided by the department of community development;

2.

Identify the director's or planning commission's action to which the appeal relates;

3.

Be filed with the department prior to the decision to which the appeal relates becomes final; and

Be accompanied by a processing fee in an amount set by the city council.

D.

Stay of proceedings. The timely filing of an effective appeal will stay the decision of the director or planning commission to which the appeal relates pending final action by the planning commission or city council on the matter.

E.

Hearing. The department shall expeditiously schedule a hearing before the planning commission or city council, as applicable, not later than thirty (30) days after the notice of appeal is received by the city and give written notice of the time and place of the hearing to the appellant; provided, however, the hearing may be held after such thirty-day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the planning commission or city council, as applicable, unless the appellant requests a continuance.

F.

Judicial review. Any person dissatisfied with the final action taken by the city council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure section 1094.8.

(Ord. No. 408, 8-6-2013)

Chapter 17.65 - HEMP

Sections:

It is the policy of the city to encourage responsible industrial hemp cultivation, processing, and manufacturing and to regulate such cultivation, processing, and manufacturing in a responsible manner to promote economic development, protect the health, safety, and welfare of the residents of the City of Arvin and to enforce rules and regulations consistent with state law.

(Ord. No. 463, § 5, 5-12-2020)

When used in this chapter, the following words shall have the meaning ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regular provision.

A.

"City" means the City of Arvin, a municipal corporation.

B.

"City council" means the governing body of the city.

C.

"City manager" means the city manager of the City of Arvin, or the city manager's authorized deputy, agent or representative.

D.

"Established agricultural research institution" or "EARI" has the same meaning as in section 81000 of the California Food and Agricultural Code.

E.

"EARI affiliate" means any person carrying out research pursuant to or for a research program of an EARI.

F.

"Hemp cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp, including activities carried out by seed breeders which is authorized pursuant to state, federal or local statute.

G.

"Hemp processing" means any baling, bundling, or milling of industrial hemp, or the extraction or separation of any oils, fibers, or other derivatives of industrial hemp after harvesting.

H.

"Industrial hemp" shall have the same meaning as in section 11018.5 of the California Health and Safety Code.

I.

"Person" means any individual, firm, partnership, joint venture, association corporation, limited liability company, estate, trust, activity trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

J.

"Seed breeder" has the same meaning as in section 81000 of the California Food and Agricultural Code.

(Ord. No. 463, § 5, 5-12-2020)

17.65.030 - Hemp cultivation.

A.

Hemp cultivation shall be prohibited within all zones of the City of Arvin, whether conducted indoors or outdoors, unless you have first received a permit issued by the city or enter into a development agreement with the city authorizing the cultivation of hemp.

B.

Hemp cultivation by an EARI or EARI affiliate, including cultivation of Cannabis sativa L. plants as part of an EARI's hemp research program, shall be permitted within the City of Arvin, provided that the EARI or EARI affiliate shall register with the city manager the locations and nature of operations within the City of Arvin where such cultivation shall be conducted in advance of any such activity.

C.

An EARI or EARI affiliate may sell industrial hemp commercially, but only to the extent that the biomass so used is derived from crops that were sampled and tested consistent with the standards and procedures established pursuant to California Food and Agriculture Code section 81006(d) and for which test results show THC levels equal to or less than three-tenths of one percent (1%). The city manager may establish rules and regulations relating to documenting and reporting the tests of any such biomass used by an EARI or EARI affiliate for commercial transactions.

D.

Except to the extent used or maintained by an EARI or EARI affiliate for research purposes, any Cannabis sativa L. plant cultivated with the intent of being industrial hemp that are tested and determined to have THC content in excess of three-tenths of one percent (1%) within thirty (30) days of intended harvest shall be destroyed. For purposes of this requirement, transferring such a plant to a person authorized to conduct commercial cannabis activities under Chapter 17.64, for treatment and handling in accordance with the provisions of that Chapter 17.64, shall be deemed the destruction of the plant as industrial hemp provided the transfer is conducted in compliance with applicable state statutes and the Arvin Municipal Code. The city manager may establish further rules and regulations relating to the process of destroying such plants, whether by means of transfer to permissible cannabis activities or otherwise, and documentation relating thereto.

(Ord. No. 463, § 5, 5-12-2020)

A.

Hemp processing shall be prohibited within all zones of the City of Arvin, whether conducted indoors or outdoors, except to the extent such processing either is (i) conducted pursuant to a permit issued by the City of Arvin authorizing the processing of hemp, or (ii) conducted pursuant to a development agreement with the City of Arvin.

B.

Hemp processing by an EARI or EARI affiliate, including processing of Cannabis sativa L. plants as part of an EARI's hemp research program, shall be permitted within the City of Arvin, provided that the EARI or EARI affiliate shall register with the city manager the locations and nature of operations within the City of Arvin where such processing shall be conducted in advance of any such activity. Nothing in this subsection shall authorize an EARI or EARI affiliate to processing hemp without first receiving a permit or entering into a development agreement with the City of Arvin.

C.

An EARI or EARI affiliate may sell industrial hemp or extracts or derivatives of industrial hemp commercially, but only to the extent that the biomass so used is derived from crops that were sampled and tested consistent with the standards and procedures established pursuant to California Food and Agriculture Code section 81006(d) and for which test results show THC levels equal to or less than three-tenths of one percent (1%). The city manager may establish rules and regulations relating to documenting and reporting the tests of any such biomass used by an EARI or EARI affiliate for commercial transactions.

(Ord. No. 463, § 5, 5-12-2020)

A.

The manufacturing of products using industrial hemp or extracts or derivatives of industrial hemp shall be prohibited, unless you have first received a permit issued by the City of Arvin authorizing hemp manufacturing or entered into a development agreement with the City of Arvin authorizing hemp

manufacturing. Upon receiving a City of Arvin permit or entering into a development agreement, hemp manufacturing shall be authorized solely within the M-1, M-2, M-3, A-1, and A-2 zoning districts. Further, a conditional use permit shall be required prior to engaging in the manufacturing of industrial hemp products.

B.

Manufacturing of industrial hemp products by an EARI or EARI affiliate shall be permitted within the City of Arvin as part of an EARI research program, provided that the EARI or EARI affiliate shall register with the city manager the locations and nature of operations within the City of Arvin where such manufacturing shall be conducted in advance of any such activity.

C.

An EARI or EARI affiliate may sell industrial hemp products commercially, but only to the extent that the biomass so used is derived from crops that were sampled and tested consistent with the standards and procedures established pursuant to California Food and Agriculture Code section 81006(d) and for which test results show THC levels equal to or less than three-tenths of one percent (1%). The city manager may establish rules and regulations relating to documenting and reporting the tests of any such biomass used by an EARI or EARI affiliate for commercial transactions.

(Ord. No. 463, § 5, 5-12-2020)

17.65.060 - Hemp regulations.

A.

Hemp cultivation, hemp processing, and manufacturing of hemp products within the City of Arvin shall comply with all applicable state, federal and City of Arvin regulations.

B.

Any hemp manufacturing facility shall not be located within two hundred (200') feet of a residential zoning districts.

C.

Odor Control.

(1)

Odor control devices and techniques shall be incorporated in all industrial hemp manufacturing facilities to ensure that odors from hemp are not detectable off site. Industrial hemp manufacturing facility shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside is not detected outside of the facility, anywhere on an adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the industrial hemp business.

(2)

In order to determine the existence of a violation of this chapter, the city may measure for hemp odor at the industrial hemp business with an approved field olfactometer device, including, but not limited to, a Nasal Ranger Field Olfactometer® or Scentometer®, according to the manufacturer's specifications and operating instructions. The threshold of detection (Dilutions to Threshold or D/T) will be determined in a sample of the ambient air after it is diluted with three equally sized samples of odor-free air. Two (2) samples or observations will be taken not less than fifteen (15) minutes apart within a one (1) hour period. The two (2) samples will be taken at the building site of the industrial hemp business. If the threshold of detection is four (4) or greater, the industrial hemp business owner and/or the property owner will be issued a notice to abate public nuisance.

(3)

Any notice to abate public nuisance pursuant to this Section shall include the following:

(i)

The Arvin Municipal Code violation which constitutes the public nuisance;

(ii)

The required remedy for abating the public nuisance; and

(iii)

Provide a reasonable time period to abate the public nuisance, unless the public nuisance constitutes an immediate threat to public health, safety and welfare.

Failure to timely abate the public nuisance may result in the revocation of the conditional use permit, pursuant to the Arvin Municipal Code. An appeal of the notice to abate public nuisance shall be filed with the city clerk within ten (10) calendar days from the date upon the notice and shall provide the specific

basis for granting the appeal. An untimely filed appeal shall constitute a waiver of the appeal of the notice. Further, the ten (10) day time period for filing an appeal shall be jurisdictional, and as such, an untimely appeal shall not be considered by the city.

(4)

Every person or entity owning, possessing, or having charge or control of real property within the city shall manage that property and control the environment thereon in a manner so as not to violate the provisions of this chapter, and the owner shall be liable for violations of the provisions of this chapter, regardless of any contract or agreement with any third party regarding the property.

(5)

Every occupant, lessee, or holder of any possessory interest in real property shall maintain the property in a manner so as not to violate the provisions of this chapter.

(6)

In addition to any regulations adopted by the City of Arvin, the city manager, or his/her designee, shall be authorized to establish any necessary rules, regulations or standards governing the issuance or denial of an industrial hemp conditional use permit, the ongoing operation of an industrial hemp manufacturing facility, and the city's oversight, if the city manager determines the rule, regulation or standard to be necessary to carry out this chapter.

(i)

Regulations issued by the city manager shall be published on the city's website. A copy of the regulations established by the city manager shall be filed with the city clerk.

(ii)

Regulations promulgated by the city manager shall become effective upon the date of publication. Industrial hemp manufacturing shall follow all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the city manager.

(Ord. No. 463, § 5, 5-12-2020)

To the fullest extent permitted by the law, any industrial hemp manufacturing facility shall execute an agreement indemnifying and holding harmless the City of Arvin, its employees, agents and contractors from any liability or claims arising from issuance of a conditional use permit, pursuant to this chapter, the Arvin Municipal Code or otherwise approving a conditional use permit for an industrial hemp manufacturing facility.

(Ord. No. 463, § 5, 5-12-2020)

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance.

(Ord. No. 463, § 5, 5-12-2020)

A.

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized pursuant to this chapter and/or the provisions of the Arvin Municipal Code.

B.

Each and every violation of this chapter shall constitute a separate violation and shall be penalized pursuant to this chapter and/or the provisions of the Arvin Municipal Code.

C.

Any person who violates, causes, continues or permits another to violate the provisions of this chapter commits a misdemeanor and shall be punishable in accordance with the Arvin Municipal Code. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations. Should a court of competent jurisdiction subsequently determine that the misdemeanor criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the Arvin Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue criminal infraction penalties and/or non-criminal remedies for violations of this chapter.

D.

Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance which may be abated by the city pursuant to the Arvin Municipal Code.

E.

The administrative citation penalty for all violations of this chapter, within a rolling twelve (12) month period shall be as follows: one thousand dollars ($1,000.00) per violation.

F.

In addition to any other remedy or enforcement mechanism provided within this chapter or any other provision of the Arvin Municipal Code, the city may commence a civil action seeking any other relief or remedy available at law or in equity.

G.

The provisions of this chapter are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the Arvin Municipal Code, state or federal laws, regulations, or case law.

(Ord. No. 463, § 5, 5-12-2020)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 463, § 5, 5-12-2020)

Chapter 17.68 - COMMERCIAL - BEAR MOUNTAIN CENTRAL BUSINESS DISTRICT STANDARDS

Sections:

The purpose of this chapter is to regulate commercial zoned buildings fronting Bear Mountain Boulevard (Highway 223) between South Comanche Drive and King Street (the central business district) in order to protect public health, safety, and welfare, while accommodating commercial uses with conforming or legally nonconforming structures as of January 1, 2010, including those conditions related to parking and landscaping due to the immediate proximity of Highway 223. The specific purposes of this chapter are to:

A.

Relieve certain properties located in the central business district from certain on-site parking, landscaping, trash enclosure and other site development requirements in whole or in part.

B.

Provide a pedestrian-friendly downtown environment by allowing buildings and uses to be concentrated and oriented to pedestrians.

(Ord. No. 471, § 6, 9-22-2020)

Regulations established by this chapter shall be in addition to the regulations of the zoning district, and in the event of a conflict between the two, the provisions of the this chapter shall prevail. This title only applies to properties, buildings, and uses meeting all of the following requirements:

A.

Property fronting Bear Mountain Boulevard (Highway 223) between South Comanche Drive and King Street.

B.

Property zoned as one (1) of the following:

1.

C-O (Professional office zone).

N-C (Neighborhood commercial zone).

3.

C-1 (Restricted commercial zone).

4.

C-2 (General commercial zone).

C.

All buildings or uses must either be conforming or legally nonconforming. This chapter shall expressly not apply where new development or the expansion of more than twenty percent (20%) of the gross floor area of a building in existence as of January 1, 2010.

D.

This chapter shall not apply to regulations regarding the following uses:

1.

Apartment hotels

2.

Automobile service, and auto repair garages (including tire shops)

3.

Bars (or other uses having an on-sale license from the California Department of Alcoholic Beverage Control)

4.

Billiard or pool halls or bowling alleys,

5.

Bottling plants,

6.

Bowling facilities,

7.

Churches, (exceeding two thousand (2,000) square feet in area)

8.

Dance clubs, dance halls

9.

Department stores (exceeding six thousand (6,000) square feet in area)

Funeral services

Garage, public

Hotels

Hospitals or sanitariums

Markets (exceeding six thousand (6,000) square feet in area)

Medical clinics

Motels

Recycling facilities and other similar uses

Rental halls

Theaters or auditoriums

Wedding chapels

Similar restricted commercial activities and facilities not specifically listed in the Arvin Municipal Code, as determined by the planning director.

(Ord. No. 471, § 6, 9-22-2020)

Notwithstanding any other requirement of Chapter 17.20 (C-O professional office zone), 17.22 (N-C neighborhood commercial zone), 17.24 (C-1 restricted commercial zone), 17.26 (C-2 general commercial zone), 17.48 (Automotive parking requirements), 17.60 (Site development permits), 17.62 (Sign regulations), 17.70 (Site development standards), the entirety of Title 15 (Buildings and Construction), and the entirety of Title 16 (Subdivisions), the following site development standards shall apply to those uses subject to this chapter:

A.

Parking Standards.

1.

Priority. When it is not possible for parking, landscaping, and other requirements such as trash receptacles and drainage to be met due to shape, size, and location of the site, priority shall be focused on meeting parking requirements first as outlined by Chapter 17.48, and then any remaining land shall be used to meet landscape requirements followed by using land to meet other applicable requirements.

2.

Hardship. The planning director may waive up to fifty percent (50%) of parking spaces required by parking where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the development standards that would otherwise be required by the zoning ordinance in exchange for other improvements to the property that will generally benefit the public. However, existing parking spaces shall be preserved and in no circumstances shall existing parking spaces be reduced or eliminated. (Example: The site can only accommodate sixty (60%) of the required parking spaces. The planning director may waive the remaining forty percent (40%) with the requirement for existing on-site parking area improvements, facade or other exterior enhancements occur to the property.)

3.

Off-site parking. Required parking may be located off-site when located within three hundred (300) feet from the property from a receiving property having excess parking capacity, and as secured by a covenant for the same as approved by the planning director.

a.

Some properties have benefited from shared off-site parking lots between or adjacent to each property with no previous parking covenant in place. In such cases, the party benefiting from parking capacity in a lot they do not own must secure such a parking covenant.

Parking on separate legal parcel with common ownership. If a property benefits from parking located on a separate adjacent legal parcel owned by the same party, and the separate legal parcel includes any number of required parking capacity, a lot line adjustment or lot merger shall be required as outlined under the provisions or Title 16 (Subdivisions).

5.

For conforming and legally nonconforming buildings built before January 1, 2010 additional parking shall not be required for structural alterations, repairs, or for building additions less than four hundred (400) square feet in area, as long as existing parking spaces are preserved and the expansion is not twenty percent (20%) or more of the existing use.

6.

If minimum site development standards cannot otherwise be met except under a hardship or other exceptions and standards set by this chapter, the planning director shall have the authority to review any existing on-site parking areas and facilities, and to make determinations on their general appearance and condition. If the condition is determined to be unacceptable either in part or entirely, the planning director shall have the authority to require measures to reduce impact or to otherwise provide for safe and

aesthetically pleasing parking facilities including, but not limited to, removal and replacement of existing pavement surfaces found to be in a state of disrepair, grading modifications to provide for a relatively flat walking and driving surface, placement of an asphalt or concrete surface if none currently exists, restriping if existing stripes are found to be faded or missing, installation of wheel stops and or protective railings, reconstruction of drive approaches determined to be in a state of disrepair, and the installation or repair of ADA striping and signage.

7.

Change of land use. A change in the use of an existing building shall not require the provision of any additional parking spaces unless the new use would require twenty percent (20%) or more additional parking spaces as compared to what would be required for the existing use as calculated in the manner specified by Chapter 17.28.

B.

Landscape Standards.

1.

Priority of parking. Landscape requirements may be reduced by the director of planning or building in order to preserve or add additional parking spaces where parking spaces are required in order to meet minimum parking requirements. (Example: A site has enough parking spaces, but cannot meet the minimum requirement that ten percent (10%) of the developed area shall be landscaped as only two percent (2%) of the remaining area is available. The planning director may reduce the landscaping requirement to two percent (2%) in order to preserve parking spaces.)

2.

Hardship. The planning director may waive or defer landscaping standards where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards.

C.

Trash Receptacle Standards.

1.

Priority of parking and landscaping. The city desires to assure that parking and landscaping requirements are met to the greatest extent feasible, and then an appropriate location and enclosure for trash receptacles should be considered.

2.

Hardship. The planning director may waive or defer trash receptacle standards where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards. Such hardship can include the need to provide or maintain parking spaces or to meet landscaping standards in whole or in part as contemplated by this section.

3.

Intent. Trash receptacles shall be designed to promote the 1) screening of areas where refuse (trash) including recycled items from being visible from vehicles and pedestrians on Bear Mountain Boulevard and from other businesses also fronting Bear Mountain Boulevard; and 2) the limiting of access by animals, whether phenomenon, and unauthorized people to trash receptacles including trash/recycle cans, bins, and dumpsters, in an attempt to prevent unauthorized dumping or movement of refuse.

4.

Alleys. Where alleys are present, trash receptacles must be located such that the trash collection company can reasonably access the trash receptacle from within the alley. Said location should be located behind an existing building, and, if feasible as determined by the planning director, they should be surrounded on all four (4) sides by a permanent opaque enclosure not less than five (5) feet in height with a lockable door or gate that shall be locked at all times other than when refuse is being added to the receptacles and at the time of collection.

5.

Location when alleys not present. Where alleys are not present, an enclosure as described above must be provided in a location, subject the approval by the planning director, to minimize aesthetic, odor, and similar impacts of the enclosures and trash receptacles on the public taking into account existing site conditions.

D.

Drainage Standards.

Flooding risk. Uses must limit the amount of runoff allowed to drain from the site to the sidewalk, street, or alley as in all cases, the runoff goes south.

2.

Standards. The following standards shall apply:

a.

Existing sites must capture runoff and either retain it on site or to detain it on site before it is allowed to overflow to the street or alley.

b.

Existing buildings shall be required to install roof gutters or other means of capturing runoff which must be directed to landscaped areas, planter boxes, underground detention structures or other types of Low Impact Development (LID) improvements. In no case shall roof runoff be allowed to drain directly to a pedestrian walkway including sidewalks along Bear Mountain Boulevard.

c.

Existing roof gutters and downspouts determined by the planning director to be in a state of disrepair must be repaired or replaced to the satisfaction of the planning director.

d.

Existing parking lots that that are reconstructed must either direct runoff to an appropriately sized sump or drainage swale, install dry well catch basins to allow the runoff water to permeate into the soil, or otherwise limit storm drainage as approved by the city engineer. Drainage sumps or swales shall not be required unless adequate space is available.

E.

Building design. Notwithstanding section L of section 17.70.010, the following building design standard shall apply:

1.

Architectural design of all proposed buildings shall be Mediterranean or other approved architectural look and style determined by the planning director to be acceptable.

2.

Legally nonconforming buildings that were designed in an architectural style other than Mediterranean prior to January 1, 2020, may retain that style. Any subsequent changes to architectural design shall be Mediterranean.

F.

Floodplain Standards.

1.

No waivers given. The requirements shown in Chapter 15.32 shall apply in their entirety to all existing and proposed buildings in the district. The entirety of the district is located within an "AO" special flood hazard zone as determined by the Federal Emergency Management Agency (FEMA) which corresponds to a flood depth of one (1) foot within a 100-year occurrence interval. The City of Arvin is a participant in the National Flood Insurance Program (NFIP) through FEMA which requires certain non-compliant older structures to be appropriately modified to achieve compliance. Refer to Chapter 15.32 for more information, and communicate with the floodplain administrator for the city for more information.

G.

Sewer Lateral and Main Connection Standards.

1.

Applicability. The entirety of Chapter 13.08 is applicable to any property located within the district as well as any additional requirements and provisions provided for under this section.

2.

Grease interceptors.

a.

Any building with an existing kitchen, food preparation areas, or disposal systems including floor and ground sink drains connected to the municipal sanitary sewer system must have a grease interceptor as specified in article VIII of Chapter 13.08.

b.

Any building with any new devices or facilities as described above must have a grease interceptor as specified in article VIII of Chapter 13.08.

c.

The planning director or their designee shall have the authority to inspect existing facilities, to review proposed modifications to existing or proposed facilities, and to determine whether a grease interceptor must be provided.

d.

If an existing building sewer lateral has an existing grease interceptor, the building owner and or tenant shall allow the planning director or their designee to inspect the condition and capacity of the device, and shall have the authority to require modifications to the device, cleaning of the device, or replacement of the device if it is determined to be damaged or undersized given the nature of the proposed business or activity. The planning director or their designee shall have discretion as to whether an existing undersized interceptor must be replaced.

e.

If an existing building sewer lateral has an existing grease interceptor that the planning director or their designee determines is not necessary given the nature of the proposed business or activity within a building, the interceptor may remain in place provided that it is properly abandoned or removed per article VIII of Chapter 13.08. Alternatively, the interceptor may remain in place and in working order, but shall be subject to the same maintenance and inspection requirements provided for under article VIII of Chapter 13.08 in perpetuity.

f.

Item "f" above shall be inapplicable, and the provisions of 13.08.160 shall apply in the event that an existing building with a grease interceptor is razed or demolished.

3.

Existing sewer laterals. If the existing sewer lateral for an existing facility is determined by the planning director or their designee to be noncompliant with the provisions of Chapter 13.08, the lateral(s) must be brought into compliance per applicable standards. Potential reasons for noncompliance may include but shall not be limited to undersized pipes, insufficient pipe slope, unacceptable pipe material, blind connections to a main with no wye, damaged lateral pipe, and multiple connections to the same lateral from different legal parcels. Additionally, existing sewer laterals shall not traverse any other legal parcel not owned by the property owner which condition must be remedied either by an exclusive easement granted by the property owner(s) or by the realignment of the sewer lateral such that it flows directly from the property in question to the public right-of-way.

4.

Permits. All work required by this section or Chapter 13.08 that occurs within the public right-of-way must not be performed unless an encroachment permit is first obtained through the community development department.

(Ord. No. 471, § 6, 9-22-2020)

Chapter 17.70 - SITE DEVELOPMENT STANDARDS

Sections: