§ 16.40

Exceptions and conditional exceptions to the regulations prescribed by this title may be authorized by the planning commission.

(Ord. 94-05 § 1 (part), 1994)

Application for an exception shall be made to the planning commission on a form prescribed by the commission. The subdivider shall state fully the grounds of the application, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception prescribed in Section 16.40.040 of this chapter. The application shall be filed with the secretary of the planning commission along with the tentative map.

(Ord. 94-05 § 1 (part), 1994)

The secretary of the planning commission shall transmit copies of the application to the city engineer and the planning director and may transmit copies to other city departments and other public and private agencies to which the tentative map is referred, together with requests for recommendations on the

proposed exception. Prior to the date set for consideration of the tentative map the city engineer and planning director shall submit to the planning commission written reports of their recommendations regarding the proposed exception.

(Ord. 94-05 § 1 (part), 1994)

The planning commission shall consider the application for an exception at the same meeting at which it considers the tentative map. An exception may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that the commission shall make the following findings:

A.

That there are special circumstances or conditions affecting the property;

B.

That the exception is necessary for the proper design and/or function of the subdivision;

C.

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated;

D.

That the granting of the exception is in accordance with the purposes prescribed in Chapter 16.04, Section 16.04.020 of this title; and

E.

That the granting of the exception is in accordance with the objectives of the general plan and elements thereof.

(Ord. 94-05 § 1 (part), 1994)

Within ten (10) days after the date of the planning commission's action on an application for an exception, the subdivider may appeal to the city council for review of the action. An appeal shall be filed with the city clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the planning commission. Upon the filing of an appeal, the planning commission shall transmit to the city clerk copies of the application, the reports of the city engineer and planning director and the reports received from other public and private agencies to which the application was transmitted. The city clerk shall give notice to the subdivider and the planning commission of the date when the action of the planning commission will be reviewed by the city council. At its next regular meeting, the city council shall review the action of the planning commission and hold a hearing thereon. The city council shall act on the appeal within thirty (30) days after the close of the hearing and shall report its action to the subdivider and the planning commission. The city council may sustain, reject or overrule any recommendations or rulings of

the planning commission and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

(Ord. 94-05 § 1 (part), 1994)

Chapter 16.42 - MODEL HOMES AND PRODUCTION HOMES

Sections:

16.42.010 - Definitions.

A.

For purposes of this chapter, the following definitions shall apply.

1.

A "model home" is a home without an identified buyer constructed for marketing purposes to show the design, structure and appearance of units in a residential development and shall not be sold, leased, financed or offered for sale until the final subdivision map for the residential development is recorded and a final certificate of occupancy is issued for the model home.

2.

A "production home" is a home without an identified buyer built on speculation that shall not be sold, leased, financed, or offered for sale until a final subdivision map for the residential development is recorded and a final certificate of occupancy is issued for the production home.

3.

For purposes of this chapter, and except as otherwise set forth in this chapter, model home and production home shall be collectively referred to in this chapter as "model home."

4.

"Subdivision" means a single-family residential subdivision located within the city limits of the City of Kingsburg.

(Ord. No. 2020-001, § 1, 2-19-2020)

16.42.020 - Authority to building permits for model homes.

A.

Upon the recordation of the final subdivision map for a subdivision and the city's approval of building plans for a maximum of four (4) model homes to be constructed on specific lots in the subdivision, the city may issue building permits for construction of the model homes so long as all requirements identified in this chapter are satisfied, as determined by the city, by the developer of the subdivision.

(Ord. No. 2020-001, § 1, 2-19-2020)

16.42.030 - Requirements for construction of model homes.

A.

Before developer of a subdivision may commence construction of model homes, the developer shall complete the following improvements:

1.

All model home building pads must be completed and certified by the city and all property hubs must be installed.

2.

All streets leading to the model home must be fully installed with an all-weather hard surface and all curbs and gutters and street lights must be installed along the streets.

3.

All sewer, water and other underground utilities in the streets leading to the model homes, stubbed to each model home lot constructed and installed concurrently with the construction of the first model home.

4.

Fully charged fire hydrants must be installed, fully operational and located within three hundred (300) feet of each model home and approved by the city fire department.

5.

Storm drainage facilities must be installed for the model homes and approved by the city.

6.

The biological testing (potable water tests) for the subdivision water system shall be completed and approved.

7.

"Fire access road" signs located at all entrances to the subdivision and the streets where the model homes are located marked with twelve-inch letters and minimum three-quarter-inch stroke width, in contrasting colors and background to sign verbiage.

8.

Temporary address signs located at all subdivision access points from existing streets must be posted with model home lot addresses marked with twelve-inch letters and minimum three-quarter-inch stroke width, in contrasting colors and background to sign verbiage.

9.

Security cameras installed and operating and covering:

a.

Each model home.

b.

The exterior perimeter of the model home lots.

c.

The street entrance points and street exit points for the model homes and covering the entire streets where the model home lots are located.

d.

All security camaras shall have a minimum ninety-day video storage and shall be accessible to the Kingsburg Police Department upon request.

10.

Satisfaction of all ADA parking requirements as may be required by the city building official.

11.

Written evidence of payment of all required application and inspection fees and charges and compliance with all conditions of third-party agencies including, but not limited to, Pacific Gas and Electric Company, Selma, Kingsburg, Fowler Sanitation District and the San Joaquin Valley Air Pollution Control District.

12.

Completion of design and construction of public parking and access to the model homes.

13.

Front yards of all model homes fully landscaped pursuant to the subdivision landscaping plan.

14.

No storage of combustible materials (e.g. framing material, raw lumber, pre-fab trusses) of any kind in the subdivision until the fire hydrants identified above are serviceable and passed portable water tests.

15.

Such other requirements as determined necessary by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)

16.42.040 - Authority to building permits for production homes.

A.

Upon the recordation of the final subdivision map for a subdivision and the city's approval of building plans for a production home to be constructed on a specific lot located in the subdivision, the city may issue a building permit for construction of the production home so long as all requirements identified in Section 16.42.050 are satisfied, as determined by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)

16.42.050 - Requirements for construction of production homes.

A.

Before developer of a subdivision may commence construction of production homes, the developer shall complete the following improvements:

1.

All production home building pads must be completed and certified by the city and all property hubs must be installed.

2.

All streets leading to production home must be fully installed except for the final paving lift and all curbs and gutters must be installed along the streets. Street lights leading to the production homes must be installed and fully operational prior to occupancy of any production home. Installation of the final paving lift for the streets in the subdivision and the installation of the sidewalks in the subdivision must be completed and approved by the city prior to issuance of certificates of occupancy for the production homes.

3.

All sewer, water and other underground utilities installed in the streets in the subdivision stubbed to each subdivision lot.

4.

All fire hydrants in the subdivision must be installed, fully charged and operational and approved by the city fire department.

5.

Storm drainage facilities must be installed for the subdivision and approved by the city.

6.

The biological testing (potable water tests) for the subdivision water system shall be completed and approved.

7.

Temporary address signs located at all subdivision access points from existing streets must be posted with production home lot addresses marked with twelve-inch letters and minimum three-quarter-inch stroke

width, in contrasting colors and background to sign verbiage.

8.

Satisfaction of all ADA parking requirements as may be required by the city building official.

9.

Written evidence of payment of all required application and inspection fees and charges and compliance with all conditions of third-party agencies including, but not limited to Pacific Gas and Electric Company, Selma, Kingsburg, Fowler Sanitation District and the San Joaquin Valley Air Pollution Control District.

10.

Landscaping pursuant to the subdivision landscaping plan for each production home must be completed prior to issuance of a certificate of occupancy for the production home.

11.

No storage of combustible materials (e.g. framing material, raw lumber, pre-fab trusses) of any kind in the subdivision until the fire hydrants identified above are serviceable and passed portable water tests.

12.

Such other requirements as determined necessary by the city.

(Ord. No. 2020-001, § 1, 2-19-2020)