Chapter 9.60 — SPECIFIC LAND USE STANDARDS

Sections:

This chapter requires certain development and operational standards for specific land uses within Avenal to preserve, protect, and promote public health and safety and to promote orderly growth and aesthetically pleasing urban development.

Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.

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This section provides standards for accessory dwelling units located on the same site as a singlefamily residence or multi-family residence(s). All accessory dwelling units shall meet the following standards:

• A. Number of accessory dwelling units per parcel.

  1. For parcels zoned for and including a proposed or existing single-family home, one accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in Section 9.60.040.

  2. For parcels zoned for and including an existing multi-family structure(s), two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to 25 percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the 25 percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.

  3. For the purposes of this section, multi-family structures are those that contain more than one dwelling unit, including, but not limited to, duplexes, triplexes, apartment buildings, and condominium buildings.

• B. No lot line adjustment, subdivision of land, air rights or condominium shall be allowed to enable the sale, transfer, or disposal of the accessory dwelling unit independently of the primary dwelling unit.

• C. No off-street parking shall be required for any accessory dwelling unit. Any parking spaces, covered or uncovered, removed to create an accessory dwelling unit shall not be required to be replaced.

• D. The floor area for all accessory dwelling units shall not exceed 850 square feet or 1,000 square feet for units with more than one bedroom.

• E. An accessory dwelling unit may not be constructed unless a main dwelling exists on the site or will be constructed in conjunction with the accessory dwelling unit.

• F. Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units. This provision shall end in the year 2025 unless the California Government Code extends it.

• G. Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official.

• H. The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

• I. Except as specifically set forth in this section, an accessory dwelling unit regulated pursuant to this chapter shall meet all the requirements of the zone district in which the accessory dwelling unit is located, including, without limitation, requirements regarding fences, walls, and hedges; site area, frontage width, and depth of sites; coverage; building setback requirements; height of structures; and distances between structures.

• J. Design Requirements:

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1. Setbacks.

• a. Four-foot side and four-foot rear setbacks shall be required for detached ADUs on parcels containing either existing single or multi-family dwellings.

     1. When an existing detached accessory structure is converted to a detached ADU, no additional setbacks shall be required. 
  
  - b. When an ADU is constructed above a detached garage, a four-foot side and four-foot rear setback are required. 
  
  - c. No additional setbacks shall be required when a new structure containing an ADU is constructed in the same location (and to the same dimensions as the existing detached accessory structure).
  

2. Height. The maximum height of a detached ADU shall be as follows.

   • a. The height of an attached ADU on a parcel containing a single-family or multifamily dwelling shall not exceed the height of the existing single-family or multifamily dwelling or twenty-five (25) feet, whichever is lower.

   • b. The height of a detached ADU on a parcel containing a-single-family or multifamily dwelling-shall not exceed sixteen (16) feet, unless one of the following conditions are met:

     - i. The maximum height for a detached ADU on a parcel with an existing or proposed single-family or multi-family dwelling unit that is within one-half (½) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be eighteen (18) feet. The maximum height may be increased by an additional two (2) feet, for a total of twenty (20) feet, for the purpose of accommodating a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit; or 
     
     - ii. The maximum height for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall be eighteen (18) feet.
     

3. Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the existing or proposed single-family or multi-family dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.

4. Addresses. The addresses of both the primary dwelling and the ADU shall be displayed and clearly visible from the street for public safety purposes.

5. Fire Sprinklers and Passageways. Fire sprinklers are required for an ADU if they were required for the primary single-family dwelling. No passageway defined as "a pathway that is not unobstructed, clear to the sky, and extends from a street to one (1) entrance of an ADU or JADU" shall be required.

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• A. Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use, where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

• B. For the purposes of this section, “junior accessory dwelling unit” shall have the same meaning as defined in Section 65852.22 of the California Government Code.

• C. Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in addition to a single-family dwelling.

• D. Junior accessory dwelling units may be no larger than 500 square feet in size.

• E. Junior accessory dwelling units shall contain, at a minimum, the following features:

  4. An exterior entrance separate from that of the primary home.

  5. A cooking facility with appliances.

  6. A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

• F. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.

• G. Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling.

• A. The Planning Commission shall consider all uses and businesses proposing to sell alcoholic beverages to the public, or in the case of a private club, its members, in accordance with Chapter 9.80 Conditional Use Permits.

• A. Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food are exempt from the requirement of a conditional use permit. An incidental bar or lounge may be allowed for the convenience of dining patrons. If the bar area exceeds 25 percent of the floor area, a conditional use permit shall be required.

• i. The Planning Commission shall consider whether the proposed use or business will detrimentally affect nearby properties or sensitive land uses, including, but not limited to, residential neighborhoods, schools, churches, hospitals, public playgrounds, or other similar uses.

• A. Structures subject to an off-site ABC license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential purposes; and shall not be adjacent to another similar use to cause oversaturation of the District.

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• j. The sale of alcoholic beverages for temporary periods shall not be subject to a conditional use permit but shall be subject to review and approval by the Director and City Police Chief in accordance with Chapter 9.76, Temporary Use Permits.

• k. The provisions of this section do not apply to wholesale businesses providing services to retailers only.

• A. The keeping of animals and fowl is subject to the provisions of Chapter 1 (Animals and Fowl) of Title 6 (Sanitation and Health) of the Avenal Municipal Code.

• B. The number of dogs per residential household shall be limited to three, with the exception of newborns. Any number of puppies shall be allowed until they reach the age of six months.

• l. Breeding, raising, and keeping of birds, rabbits, chinchillas, or fish for domestic use of the resident in accordance with this title is permitted; however, there shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone.

New and used automobile sales and service dealerships and auto service centers in Avenal shall conform with this Zoning Ordinance. All auto-related uses shall be constructed in the following manner:

• A. All parts, accessories, etc., shall be stored within a fully enclosed structure.

• m. Service and associated car storage areas shall be screened from public view.

• n. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

• o. All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.

• p. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets, alleys, or landscaped areas (in contrast to planned, hardscape areas for the display of vehicles).

• q. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

• r. Vehicle service and repair shall be permitted as an accessory use for the type of vehicles sold on site. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

• s. All on-site parking shall comply with the provisions of Chapter 9.54. A parking plan shall be developed as a part of the permit review process.

• t. Access drives shall be spaced at least 50 feet apart or as specified by the City Engineer.

• u. Test driving vehicles is prohibited in adjacent residential neighbnorhoods.

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• A. Purpose. The purpose of this section is to define standards that regulate the keeping of chickens on single-family residential parcels while protecting the health, safety, and welfare of the community.

• B. Applicability. This article applies to all Single-Family Residential Zones (R-1) within the City of Avenal.

• C. Definitions:

  1. "Chickens on Residentially-Zoned Parcels" or "chicken" shall mean Gallus gallus domesticus and does not include other fowl, such as, but not limited to peacocks, turkeys, or water fowl.

  2. "Chicken coop" or "coop" shall mean an enclosed structure for housing chickens that provides shelter from the elements.

  3. "Chicken run" or "run" shall mean an enclosed outside yard for keeping chickens.

  4. "Rooster" shall mean a male chicken.

  5. "Single-Family Residential" shall mean the following residential zones: “R-1”.

• D. Maximum allowable backyard chickens.

  1. In the Single-Family Residential Zone (R-1), a maximum of six (6) chickens shall be permitted per legal parcel.

• E. Standards for Backyard Chickents.

  1. General Requirements.

     • a. The raising of backyard chickens shall only be allowed on properties containing a single-family dwelling with fenced rear and side yard areas.

     • b. Chickens shall be provided with a covered roosting area (chicken coop) and an enclosed area in which chickens are allowed to walk and run (a chicken run).

     • c. Chickens shall be contained within the coop, run, or contained within the property boundary at all times.

     • d. Electrical power supplied to a chicken coop shall be installed under an appropriate building permit.

2. Design Requirements

• a. All chickens shall be housed in a coop that is designed to:

  • i. Be predator-resistant from the sides, top, and bottom, and the chicken run shall be predator-resistant from the sides and top.

  • ii. Be shall designed and maintained to be well-drained onto the property. There shall be no standing water.

  • iii. Be thoroughly ventilated;

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  - iv. Be easily accessed and cleaned; 

     1. All grains or other loose feed must be stored in containers with tightly fitting lids to prevent the entrance of vermin. 

     2. Animal waste must be removed and disposed properly in gray or inorganic waste containers. 

  - v. Contain one nesting box with no less than one cubic foot for every four (4) chickens; 

  - vi. Contain a coop area of no less than five (5) square feet per chicken, excluding nesting boxes; and 

  - vii. Contain the chicken roost(s), feeder(s), and water. 

• b. The chicken run shall be attached to the chicken coop allowing the chickens direct access to and from the chicken coop and be

• c. Yards

• i. Front yards: The chicken coop and run shall be located on the rear of the property and behind the residence. For parcels that have a frontage on two (2) sides, the coop and run shall be located on the rear portion of the property that is opposite the side providing street access, with the remaining front having a minimum front yard setback of twenty-five (25') feet from the property line.

  - ii. Side and rear yards: The coop and run must be located at least twenty (20') feet from the nearest adjoining residence or ten (10') feet from any property line, whichever is greater. 
  

  • d. Height. The chicken coop and run shall not exceed seven (7') feet in height.

3. Prohibited Uses

   • a. The following uses shall be prohibited within the Single-Family Residential (R-1) zoning:

     • i. Commercial sales of chicken eggs.

     • ii. Slaughtering processes.

     • iii. Roosters.

• A. Bed and breakfast inns shall be limited to a maximum of six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than 14 consecutive nights.

• B. Food service at bed and breakfast inns shall be allowed for registered guests only unless the use also qualifies as a restaurant.

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• C. The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.

The retail sale of groceries, staples, and sundry items and/or alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to and shall comply with all of the following:

• A. The minimum site area shall be 10,000 square feet.

• v. The site shall have direct frontage along an arterial or collector street.

• w. One access drive may be permitted for each street frontage. The design and location of the access drives) shall be subject to City Engineer approval.

• x. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.

• y. All on-site signage shall comply with provisions of Chapter 9.56 Sign Standards, including the prohibitions of fence-mounted signs, window signs, and banner restrictions.

• z. The premises shall be kept in a neat and orderly condition at all times.

• aa. If on-site dispensing of automotive fuels is provided, the design, location, and operation of these facilities shall be consistent with the provisions of subsection. Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands, and the propane storage area if applicable.

• bb. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

• cc. Each convenience store shall provide a public restroom located within the store.

• dd. Video games or arcades may not be installed or operated on the premises.

• ee. A convenience store adjacent to any residentially designated district shall have a six-foot-high decorative masonry wall and a five-foot landscape buffer along the property lines adjacent to such districts.

• ff. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with asphalt or concrete.

• A. Cottage foods operations operating in accordance with AB 1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 9.78 prior to commencement of the use.

• B. Notwithstanding the provisions of Chapter 9.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.

• C. Notwithstanding the provisions of Chapter 9.78, a cottage food operation may sell food produced on-site directly to consumers at the site.

• D. A cottage food operation shall be conducted in the residence’s existing kitchen.

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• E. An approved home occupation permit shall not be effective until the appropriate permit is obtained from the County Health Department and shall automatically expire and be null and void if the County permit or approval expires, is disapproved, or is revoked.

All uses with a drive-thru pick-up window shall meet the following standards unless otherwise modified by a conditional use permit issued in accordance with Chapter 9.80:

• A. Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.

• gg. Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.

• hh. Drive-thru lanes shall be located a minimum of 100 feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.

• ii. Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into public streets or block any parking space or drive aisle

• jj. Drive-thru lanes shall be shielded in a manner approved by the City to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.

• kk. No drive-through aisles shall exit directly onto a public right-of-way.

• ll. The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.

• mm. Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independently of parking lot aisles.

• nn. Drive-thru lanes shall not extend onto the adjoining property unless the owner of the drivethru site property obtains a written easement or another irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use, including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to the commencement of construction of improvements upon the drive-thru site property.

• oo. A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane, with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the Director.

• pp. A use with drive-thru lanes on each side of the use (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the

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ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length.

• qq. Menu boards shall be a maximum of 32 square feet, with a maximum height of 8 feet, and shall face away from the street.

• rr. Speaker noise levels measured at the property line shall not exceed 65 dB or other applicable City noise standards.

• ss. Pedestrain walkways should not intersect with the drive thru aisle unless no other option exists; in the case that no other option exists, the pedestrian walkway shallbe clearly defined and emphasized with enhanced paving.

• A. Emergency shelters shall be limited to a maximum of 12 beds or clients as a permitted use. The number of beds or clients served is also limited by the size of the building and the building code occupancy standards.

• B. Off-street parking shall be based upon demonstrated need and shall be consistent with any pertinent parking requirements of the zone district where the emergency shelter is located.

• C. Each emergency shelter shall have an interior on-site waiting and client intake area sufficient in size as determined by the Director to admit individuals to the shelter.

• D. Each emergency shelter shall have an on-site manager 24 hours a day.

• E. No emergency shelter may be located closer than 300 feet from another similar shelter.

• F. Lighting of the property on which the facility is located should be designed to provide a minimum maintained horizontal illumination of at least one foot-candle of light on the parking surfaces and walkways.

• A. The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-E, R-1, R-2, or R-3 zone district shall be limited to no more than three such sales per year. Commonly referred to as garage or yard sales, each sale shall be limited to three consecutive days, and unsold possessions shall be removed from public view and stored within the premises.

• B. Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.

• C. The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including the removal of all signs.

Livestock shall be considered those typically associated with farms or agricultural land uses such as cattle, sheep, goats, horses, or hogs. Livestock are allowed in zones identified in Chapter 9.08. In zones where livestock is permitted, all of the following development standards and conditions apply:

• A. Keeping of cattle, sheep, goats, horses, or hogs owned by the resident of the lot is permitted in the R-E zone provided that any combination of such animals be limited to one animal per half

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acre. Newborns less than four months in age shall not be considered a part of the calculation. There shall be no killing of animals or dressing of such animals for any purpose except within the R-E zone.

• B. All fencing shall comply with the applicable regulations of the zone and Section 9.50.19. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material, and color, such as split rail fencing as approved by the Community Development Director.

• C. All development that involves housing or enclosing livestock shall be reviewed by the Community Development Director for compliance with this section and any other applicable statutes, laws, and ordinances.

• D. Applicant shall allow inspection of animal maintenance facilities by the City of Avenal Building Inspector, Animal Control, and the Kings County Department of Public Health.

• E. Any permit issued pursuant to this section may be revoked or modified pursuant to Chapter 9.70 of this Ordinance upon receipt of a recommendation for revocation or modification from the Kings County Department of Public Health, Avenal Animal Control Officer, or from the City of Avenal Building Inspector.

• F. Fowl and other animals.

Notwithstanding the provisions of Chapter 9.60.080 (Chickens on Residentially-Zoned Parcels), the following standards apply to all other fowl and other animals within City limits.

1. Number of Fowl and Other Animals.

   • a. Not more than ten animals, in all, including hares, rabbits and guinea pigs shall be kept on any residential parcels within the city.

   • b. Not more than ten birds, in all, including pigeons, doves, chickens, ducks, game birds or similar fowl shall be kept on any residential properties within the city. Roosters are not permitted on any properties within the city limits other than those parcels that are with the A-1, A-E, and R-E zone districts.

     • i. Pursuant to Chapter 9.60.080 (Chickens on Residentially-Zoned Parcels), a maximum of six (6) chickens is permitted on any residentially zoned site.

   • c. Birds, excluding the above listed birds, kept as household pets are permitted in all residential districts.

2. Prohibited animals. The following animals are prohibited within the city limits, excluding properties that are zoned to the RA (rural residential), UR (urban reserve) or A (agriculture) districts:

   • a. Swine;

   • b. Cattle, sheep, goats, and other members of the bovine and ovine families;

   • c. Horses;

• d. Reptiles and amphibians as defined in the California Fish and Game Code;

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• e. Turkeys, geese and roosters.

3. Containment.

   • a. All permitted fowl and other animals shall be housed in cages, hutches, or coops that shall be maintained in a clean and sanitary condition at all time.

   • b. All cages, hutches and coops shall be located in the rear yard area of parcels in residential districts.

The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:

• A. No manufactured home shall be installed that was manufactured more than 10 years from the date of application for installation.

• B. Manufactured homes with wheels (i.e., mobile homes) are conclusively assumed to be older than 10 years.

• C. All manufactured homes shall meet the following site or architectural standards:

  1. All manufactured homes are subject to the development standards of the zone district in which they are located.

  2. A manufactured home shall not be less than 20 feet wide.

  3. The parking requirements of Chapter 9.54 shall apply.

  4. All manufactured housing units and garages shall have a pitched roof with a roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

  5. All manufactured housing units, garages, and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate, or built-up asphaltic-gravel materials.

  6. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level or the top of the foundation when a solid concrete or masonry perimeter foundation is provided.

  7. All manufactured housing units, garages, and carports shall be placed on a permanent foundation that meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

  8. The mobile home electrical, gas, water, and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters, and regulators shall not be located beneath the manufactured homes.

  9. The Director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating

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design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

Mini storage facilities shall be constructed in the following manner:

• A. The minimum site area shall be 20,000 square feet.

• tt. The site shall be entirely paved, except for structures and landscaping.

• uu. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.

• vv. The site shall be completely enclosed within a six-foot-high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access), which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.

• ww. No business activity shall be conducted other than the rental of the storage spaces for inactive storage use.

• xx. All storage shall be located within a fully enclosed structure(s).

• yy. No flammable or otherwise hazardous materials shall be stored on-site.

• zz. Residential quarters for a manager or caretaker may be provided in the development.

• aaa. The development shall provide for two parking spaces for the manager/caretaker and a minimum of two spaces located adjacent to or in close proximity to the manager’s quarters for customer parking.

• bbb. Aisle width shall be a minimum of 20 feet between buildings to provide unobstructed and safe circulation.

• ccc. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 9:00 p.m. on Sundays.

• ddd. The storage of vehicles, including autos, boats, and RVs, may be permitted subject to approval of a CUP (Chapter 9.80).

• A. No mobile home shall be parked, occupied, or used for any purposes, including, without limitation, living or sleeping purposes, unless the mobile home is located within a licensed mobile home park or the A-I or A-E zone, except that a mobile home may be used for the following temporary purposes outside of a mobile home park: as an office for a construction project, circus, or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 9.76.

• eee. A mobile home park requires the approval of a conditional use permit in accordance with the procedures of Chapter 9.72.

• fff. The site area standards for a mobile home park shall be as follows:

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1. The minimum area of a mobile home park shall be four acres. If the area of the mobile home park is greater than four acres, the first phase of mobile home park development shall not be less than four acres and shall include all required recreational and service amenities.

2. The residential unit density shall be consistent with the land use designation of the Avenal General Plan.

3. Each mobile home or manufactured home site shall be not less than 3,000 square feet in area, including pad, parking, private access, landscaping, and private storage area.

• ggg. The following clearance and setback area requirements shall apply to mobile home parks. No mobile home shall be located in any required building setback area.

  1. The front building setback area shall be a minimum of 25 feet.

  2. The side and rear building setback areas shall be a minimum of 10 feet or 15 feet when adjacent to public right-of-way.

• hhh. The following requirements shall apply to mobile home sites:

  1. No mobile home or manufactured home site shall be less than 30 feet in width.

  2. The front building setback area shall be a minimum of 10 feet.

  3. The side building setback area shall be a minimum of five feet. Patio covers and carport, if open on three sides, may be located within three feet of a side yard property line.

  4. The rear building setback areas shall be a minimum of 10 feet.

  5. Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted as a part of the required patio area.

  6. Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base, which, in combination, are adequate to support the mobile home on a level plane.

• iii. The following requirements for parking shall apply to mobile home parks.

  1. Each mobile home site shall provide parking for two automobiles. Each parking stall shall not be less than 10 feet wide and 20 feet in length. All parking stalls shall be paved consistent with Avenal’s Standards Specifications and Drawings; tandem parking may be allowed as a condition of the use permit.

2. Not less than one guest stall shall be provided for each five mobile home sites.

   3. Parking shall be provided for park offices at a ratio of one parking space for each 400 square feet of gross floor space.

   4. Supplemental parking for boats, recreation vehicles, and unoccupied travel trailers shall be used only by the mobile home park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.

   5. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 9.54.

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• jjj. The following requirements for on-site streets shall apply to mobile home parks.

  1. Entrance streets shall be located to assure safe access to and from the public street system.

  2. Approved street names shall be provided and maintained by the developer.

  3. Minor streets within the mobile home park shall be a minimum of 32 feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with City standards.

  4. Parallel parking shall be permitted on both sides of collector streets and only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.

  5. If streets within the mobile home park are to be dedicated to the City, street standards shall be consistent with Avenal’s Standards Specifications and Drawings.

• kkk. Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with City standards.

• lll. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. Usage of an individual television antenna will be permitted but must be located at the rear of the individual mobile home space and shall project no more than two feet above the roof of the mobile home.

• mmm. Accessory structures, such as storage buildings and greenhouses, shall not be located within three feet of a side or rear yard property line or six feet from a mobile home.

• nnn. The following requirements for recreation areas and pedestrian ways shall apply to mobile home parks.

  1. Common recreation areas in an aggregate total equal to 10 percent of the gross area of the mobile home park shall be provided at a location or locations that are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

2. Pedestrian walkways shall be provided throughout the mobile home park, connecting all mobile home or manufactured home sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.

   3. Common recreational amenities within the site may include a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter; barbeque area; court game facilities such as tennis, basketball, or racquetball; improved baseball or softball fields; or, daycare facilities shall be provided for all mobile home parks over 25 units. At least one recreational amenity shall be provided for each 100 units.

• ooo. Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:

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1. For all lot lines adjacent to public right-of-way, landscaped setback easements shall be provided along the periphery of the mobile home development and shall be a minimum of 10 feet in width.

2. A six-foot masonry wall shall be provided along all public streets. This wall shall be consistent with the setback distances in subsection C above. Where the park adjoins land that is designated for residential, commercial, or industrial uses, a wall shall be constructed on the property line.

3. Landscaping shall be provided in accordance with Chapter 9.52.

• ppp. Each mobile home park shall provide the following additional facilities:

  1. A laundry building for clothes washing and drying.

  2. Trash enclosures at locations along the interior street system and integrated with the guest parking areas, which are convenient for all residents and for access by municipal refuse trucks.

• qqq. At the time of the placement on the site, all mobile homes and manufactured homes shall be fitted with appropriate skirts from the floor level of the mobile home to the ground to obscure stands, pads, and undercarriage equipment.

• A. A mobile vendor or food truck is allowed only in zone districts identified in Chapter 9.08 as administrative uses.

• B. Mobile vendor and food truck regulations can be found in Chapter 6 of Title 6 the Avenal Municipal Code.

• A. The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in public areas.

• B. The following definitions shall apply to this section:

  1. “Outdoor dining area” means the use of portions of public sidewalks, public rights-of-way, and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass-through window and sidewalk counter service are also allowed when an outdoor dining area is provided pursuant to this section.

  2. “Dining establishment” means a structure whose principal use is the serving of food to the general public.

  3. “Drinking establishment” means a structure whose primary use is the serving of alcoholic beverages to the general public, and the serving of food is an accessory use.

• rrr. Where permissible, all outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section, on-site open space areas may also be used as an outdoor dining area.

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1. Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of the facility.

2. Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that 48 inches of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach on this 48 inches of clear space.

3. Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to clearly define the edges of the space. These outdoor spaces should be accessed from the building they serve.

• sss.Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment, which is clear and unimpeded for pedestrian and wheelchair traffic.

• ttt. The service of alcoholic beverages and consumption by customers in an outdoor dining area shall be restricted as follows:

  1. The operator shall post a written notice to customers as approved by the City, which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.

  2. The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.

• uuu. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the County Health Department. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including, without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.

• vvv. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment or drinking establishment or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.

• www. Outdoor dining is an interruptible or terminable privilege. The City shall have the right and power, acting through the City Manager or his or her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area.

• xxx. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 9.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the City Council and an accurate drawing showing the configuration of the outdoor dining area, including, without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:

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1. The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.

2. An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.

3. Such other conditions as the City may deem necessary, including, without limitation, conditions to ensure public safety, to protect public improvements, and to provide aesthetic improvements.

4. No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.

5. Upon application being made for an outdoor dining permit, the matter shall also be referred to the City Engineer for consideration of the issuance of an encroachment permit. If required by the City Engineer, the issuance of a permit shall be conditioned upon:

   • a. Execution of an agreement holding the City harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians in a form acceptable to the City Attorney.

   • b. Applicant’s insurance meeting requirements acceptable to the City’s Risk Manager. The City shall be listed as additional insured on the endorsement and tied to the permit number to specify the location and circumstances.

• c. Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review.

  - d. Such conditions as are necessary to restore the appearance of the sidewalk to its original condition on termination of use. 
  

• yyy. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use. Umbrellas must be secured with a minimum base of not less than 60 pounds.

• zzz. The outdoor dining permit shall run with the land and shall continue to be valid upon a change in ownership of the dining establishment, subject to the conditions of approval.

• aaaa. An outdoor dining permit may be revoked by the City Council following notice to the permittee and a public hearing before the Council. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated, or if the outdoor dining area is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. Following the revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation.

• bbbb. The decision of the Director may be appealed in accordance with Chapter 9.74.

• cccc. The Director, police department, or other person authorized by the City Manager shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.

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In all commercial and industrial zones, outdoor storage of materials or equipment that occupies a volume of more than 60 cubic feet and is visible from any abutting public street or abuts property used for residential purposes shall meet the following standards. This section does not apply to temporary storage, such as storage during construction.

• A. Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction. The use of galvanized chainlink or wood fence material is not allowed adjacent to streets. Chain link with vinyl slats for screening purposes is permitted.

• B. Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This section shall not apply to a junk yard, wrecking yard, or salvage facility.

• C. No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

• A. Recycling facilities are permitted in accordance with Chapter 9.08 and include reverse vending machine(s), small collection, large collection, light processing, and heavy processing and are defined and permitted as follows:

• dddd. Reverse vending machine(s) located within a commercial structure may be permitted subject to compliance with the following standards:

• A. Shall be installed as an accessory use to a commercial use which is in full compliance with all applicable provisions of this Municipal Code.

• B. Shall be located within 30 feet of the entrance to the commercial store and shall not obstruct pedestrian or vehicular circulation.

• C. Shall not require additional parking spaces for recycling customers.

• D. Shall not occupy parking spaces required by the primary use.

• E. Shall not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

• F. Shall be constructed and maintained with durable waterproof and rustproof material.

• G. 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.

• H. Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis.

• I. Operating hours shall be consistent with the operating hours of the primary use.

• J. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

• K. Shall maintain an adequate on-site refuse container for the disposal of non-hazardous waste.

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• L. Shall be located in an area screened from public right-of-way and in a well-lit, secure area.

• eeee. Small collection facilities located within applicable commercial and industrial land use districts shall comply with the following standards:

• A. Shall be allowed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this title and the Municipal Code.

• B. Shall be no larger than 500 square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers.

• C. Shall comply with the setbacks of the base zoning designation and shall not obstruct pedestrian or vehicular circulation.

• D. Shall accept only California Redemption Value (CRV) redeemable beverage containers.

• E. Shall use no power-driven processing equipment except for reverse vending machines.

• F. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Shipping containers are not permitted.

• G. Shall store all recyclable material inside when the attendant is not present.

• H. Shall be maintained in a clean and sanitary manner, free of litter and any other undesirable materials, including mobile facilities.

• I. Shall not exceed noise levels of 65 dBA as measured at the property line of adjacent residential land use districts.

• J. Attended facilities shall not be located within 100 feet of any residential land use district.

• K. Collection containers, site fencing, and signage shall be of such color and design so as to be compatible with and harmonize with the surrounding uses and neighborhood.

• L. Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling container enclosure of containers.

• M. The facility shall not impair the landscaping required by Chapter 9.52 for any concurrent use.

• N. No additional parking space shall be required for customers of a small collection facility located at the established parking lot of a primary use.

• O. 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.

• P. Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required by the primary use unless all of the following conditions exist:

  • a. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

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• b. The permit shall be reviewed at the end of 18 months.

• A. Small collection facilities shall not operate between the hours of 7:00 p.m. and 7:00 a.m.;

• B. Shall be screened from the view of public right-of-way and adjacent residential land use districts with intensive mature landscaping and/or landscaping in conjunction with six-foot solid decorative masonry walls which are similar in character and architecturally compatible with the primary structure on-site.

• C. Shall maintain adequate refuse containers for the disposal of non-hazardous waste.

• D. Small recycling facilities shall not be clustered and shall be located at least a half mile from the nearest similar facility.

• E. Conditions of approval for a small recycling facility shall be clearly visible on the site for the public’s inspection at all times.

• c. A large collection facility that is larger than 500 square feet, or on a separate parcel, not accessory to a "primary" use, which has a permanent structure may be permitted in the industrial land use districts and is subject to the following standards:

• A. The facility shall not abut a parcel designated or planned for residential use.

• B. The facility shall be screened from the public right-of-way within an enclosed structure.

• C. Structure setbacks and landscape requirements shall be those provided for in the land use district in which the facility is located.

• D. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Outdoor storage shall be screened by a six-foot solid decorative masonry wall. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage.

• E. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

• F. Space shall be provided on-site for six vehicles to circulate and deposit recyclable materials.

• G. Parking shall be provided in accordance with Chapter 9.54, plus one parking space for each commercial vehicle operated by the recycling facility shall be provided for on-site.

• H. Noise levels shall not exceed 65 dBA as measured at the property boundary or any area planned for residential use. It shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.

• I. Any containers provided for after-hours donation of recyclable materials shall be at least 50 feet from any residential land use district, permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.

• J. Donation areas shall be kept litter-free and free from undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

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• K. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation; identification and informal signs shall meet the standards of the land use district; and directional signs bearing no advertising message may be installed with the approval of the Community Development Director, if necessary to facilitate traffic circulation.

• L. Adequate refuse containers for the disposal of non-hazardous waste shall be maintained on the site.

• M. Conditions of approval for a large recycling facility shall be clearly visible on the site for the public’s inspection at all times.

• d. Light processing facilities and large processors may be permitted in an industrial zone and shall comply with the following standards:

• A. Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility.

• B. The facility shall not abut a parcel designated or planned for residential use.

• C. In the M-1 zone, the facility shall operate in a completely enclosed structure.

• D. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and the repairing of reusable materials.

• E. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact, or bale ferrous metals other than food and beverage containers.

• F. Structure setbacks and landscaping requirements shall be those provided for in the zone in which the facility is located.

• G. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable materials (allowed only in the M-2 zone) shall be constructed of nonflammable material. No storage, excluding truck trailers, shall be visible above the height of the wall. No outdoor storage shall be permitted in the zones which do not permit outdoor storage.

• H. The site shall be maintained clean, sanitary, and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis, and the site shall be secured from unauthorized entry and removal of materials when attendants are not present;

• I. Space shall be provided on-site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of eight customers at any one time.

• J. Parking shall be provided in accordance with Chapter 9.54.

• K. Noise levels shall not exceed 65 dBA as measured at the property boundary or any area planned for residential land use districts.

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• L. If the facility is located within 500 feet of the property designated or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open.

• M. Any containers provided for after-hours donation of recyclable materials shall be at least 100 feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials.

• N. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

• O. Conditions of approval for light processing facilities and large processors shall be clearly visible on the site for the public’s inspection at all times.

• P. Signs shall be installed pursuant to Chapter 9.56. Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

• Q. No dust, fumes, smoke, vibration, odor, or glare above the ambient level shall be detectable from adjacent residentially designated parcels.

• R. The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste.

• A. A conditional use permit is required for a business engaged in the sale of vehicle fuel or diesel fuel.

• e. The following are development standards and location criteria for businesses engaged in the sale of vehicle fuel:

  1. Service stations, convenience stores, and mini-markets shall have a minimum lot size of not less than 15,000 square feet, with not less than 125 feet of frontage on a public street (this requirement shall not apply to the redevelopment of a preexisting service station use).

  2. New service stations shall be permitted only at the intersections of arterial, State highway, and collector streets. A maximum of one service station shall be permitted at each intersection. Except in the case of an integrated commercial shopping center, where the Planning Commission, at its discretion, may allow the development of a service station, provided that the service station can be made a functional part of the center; that it will blend architecturally with the center; and that it will not disrupt either the internal or external traffic flow in and around the center.

  3. Utility trailers and rental trucks may be stored (for rental purposes) on a service station site, provided they are screened from view and adequate space is provided in addition to the minimum size requirement. Utility trailers and other rental equipment shall not be permitted in a C-C district or in shopping centers.

  4. All merchandise shall be stored and displayed within the service station building, with the exception of lubricating items and accessories, which may be displayed and maintained in movable cabinets or racks specially designed for the display of such items.

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5. All repair works and servicing operations shall be conducted within a completely enclosed building. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. No dismantling of automobiles for the purposes of selling parts shall be allowed.

6. No body or fender work, automobile painting, or tire recapping shall be permitted.

• A. Shipping containers, also known as C-trains, may only be used for storage in the C-S, PF, M- 1, and M-2 zones, on City-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.

• B. Shipping containers shall be incidental to the primary use on the site and/or shopping center. They are not permitted on a stand-alone parking lot or on vacant property.

• C. The maximum number of shipping containers allowed on a site shall be limited to one per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one shipping container is allowed.

• D. Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.

• E. Shipping containers shall be located, screened, or painted to be difficult to view from a public right-of-way, state highway, or residential zone district to the greatest extent feasible as determined by the Director.

• F. Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 24 hours.

• G. Shipping containers may not be used to store flammable liquids or other hazardous materials, as determined by the Fire Chief.

• H. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.

• I. There shall be no utility connections to the shipping container unless specifically allowed through a building permit.

• J. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.

• A. New below-ground swimming pools shall be constructed at least three feet from any property line.

• B. Swimming pools shall be entirely closed by structures, fences, or walls in compliance with California Government Code Section 115920 – The Swimming Pool Act.

  1. Fences and walls used to enclose a swimming pool shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings

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greater than three inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four feet above grade.

• C. No swimming pool shall be filled with water until the enclosing fence or wall has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

• A. Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

• B. A minimum walkway of four feet is required in front of all outdoor vending machines.

• C. Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

• D. Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

• E. Vending machines are permitted to cover up to a maximum of 10 feet of the length of the primary building frontage.

• F. Vending machine installations shall not have exposed conduits, piping, or overhead utility connections.

• G. All outdoor machines shall be maintained in a clean and attractive condition.

• H. Any graffiti on an outdoor vending machine shall be removed within 24 hours.

• I. If the outdoor machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

See Chapter 9.68 for standards for wireless communication facilities and towers.

See Chapter 9.62 for standards for adult entertainment establishments.

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