§ 17.52

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and loading berths shall be in proportion to the need for such facilities as created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding uses from their impact.

Provisions of this chapter are also intended to deal with problems, conditions and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial

development, including:

A.

The difficulty in assembling land by private means, including the often excessive time required;

B.

The varying financial capabilities and traffic generating characteristics among varying types of commercial enterprise;

C.

The importance of avoiding fragmented patterns of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole;

D.

The importance of having regulations which will not inadvertently discourage private investment while alleviating or preventing traffic congestion; and

E.

The importance of achieving a reasonable distribution of financial burden among private interests and the public at large consistent with their individual and collective responsibilities to provide off-street parking facilities.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.020 - Off-street parking facilities required.

A.

Definition of Parking Space. A parking space is an area for the parking of a motor vehicle plus those additional areas and facilities required to provide for safe access to and from the motor vehicle parking area. The parking space must be useable and accessible for the type of motor vehicle allowed to use the parking space.

B.

Special Limitations and Requirements for Parking in Residential Areas. No semi-truck and trailer or trucktractor, or truck-tractor and trailer, or other vehicle having a gross vehicle weight rating in excess of eight (8) tons (sixteen thousand (16,000) pounds), excluding public utility vehicles shall be parked within any residential zone district except for the purpose of loading, unloading or delivery of merchandise, materials or packages. No recreational vehicles, including, without limitation, motor homes, camping trailers, abovecab campers, boat trailers, boats, pick-up campers, fifth wheel trailers or dune buggies (collectively "RVs"), shall be stored or parked in a residential zone except as follows:

1.

RVs may be parked within paved or graveled front yard areas (including the front yard driveway): (i) so long as the paved or graveled area is not within any required setback; or (ii) if the property is not subject to any required setbacks, the RV may be parked within paved or graveled front yard areas (including the front yard driveway) so long as the paved or graveled area is at least five (5) feet away from the side yard property line. An RV parked within the front yard of a property must be parked at least ten (10) feet behind the curb line of the street. If the RV is parked in the driveway, the front of the RV including, without limitation, trailer tongues, goosenecks and other trailering apparatus must be at least ten (10) feet from the curb line of the street.

2.

RVs may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is not within any required setbacks. If the property is not subject to any required setbacks, the RV may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is at least five (5) feet away from the side yard property line.

3.

RVs may be parked in any portion of the backyard area of a property within the property lines of the property.

4.

Guest parking of RVs in the street in front of a residence is limited to not more than seven (7) days in any thirty (30) day period, measured from the first day of parking, provided a permit for such RV parking is first obtained from the city's police department. The permitted RV shall be used solely as sleeping quarters and water and electricity may be provided by on-site hookups from the residence. However, on-site hookups of an RV to on-site, gas or sewage disposal facilities are prohibited.

5.

RV parking at the street curb line is permitted for the time period needed for actual loading or unloading of the RV which time period shall not exceed seventy-two (72) hours.

6.

In any residential zone district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, accident or breakdown, shall be stored in an entirely enclosed space, garage or carport. No more than one such vehicle shall be so stored at any time at a residence, and no more than one such vehicle shall be under repair at any time at a residence. Parking on lawns and, except as otherwise provided in this Section 17.52.020, other areas in front yards is prohibited. A fine of one hundred dollars ($100.00) will be imposed for each violation of the provisions of this Paragraph B.

C.

Time when Off-Street Parking is Required. Except as provided in paragraph J. of this section or in Section 17.52.100 of this chapter, there shall be provided off-street parking facilities in accordance with the

provisions of this chapter when any of the following shall occur:

1.

Initial occupancy of a site;

2.

A major alteration or enlargement of a use, site or building; and

3.

A change in use that requires additional parking.

D.

Parking Space Schedule.

1.

Residential Uses.

a.

One-family dwellings: two (2) spaces for each dwelling unit, with at least one space within a garage or carport.

b.

Duplexes, triplexes, fourplexes, and multifamily dwellings: one space for each studio or one bedroom dwelling unit, one and a half (1½) spaces per each two (2) bedroom dwelling units, and two (2) spaces for each dwelling unit with more than two (2) bedrooms. Additionally, multifamily developments shall provide one guest parking space for every five (5) dwelling units.

c.

Except for driveways allowed in the front setback area of a garage or carport, all additional parking for two to four (2-4) unit structures and multi-family units shall be to the rear or side of such units. If parking is located to the side of the units, the first parking space shall be to the rear of the front yard setback line.

d.

Housing for the elderly: one space for each dwelling unit, provided however that sufficient space shall be set aside and incorporated into the site plan for the number of spaces prescribed under Subsection b., above, in the event of a change of use to housing for the non-elderly.

e.

Private clubs, fraternity or sorority houses, lodging and rooming houses: one space for each two (2) beds.

f.

Motels, hotels, inns and bed and breakfast establishments: one space for each guest room, plus one space for each employee.

2.

Uses within the Central Commercial District.

a.

Commercial uses and non-medically related office uses, excluding conditional uses, within the area designated as the central business district by the general plan: one space for each eight hundred (800) square feet of floor area, except as provided under Subsection 2.b. of this subsection.

b.

Uses within an integrated shopping center located outside of the central business district involving a combination of three (3) or more retail uses permitted within the CC district for which building area, offstreet parking, off-street loading, landscaping, lighting and other features are developed, managed and maintained as if a single unit— three (3) spaces for each one thousand (1,000) square feet of gross leasable area, or four spaces for each one thousand (1,000) square feet of gross leasable area if the center includes a supermarket.

c.

Other uses within the central commercial district within or outside of the central business district—the number of spaces otherwise required for the type of use.

3.

Other Commercial Use—Industrial Use.

a.

Banks: one space for each three hundred (300) square feet of floor area.

b.

Offices (not including medically related or public administrative offices): one space for each four hundred (400) square feet of floor area.

c.

Retail stores, food: one space for each one hundred fifty (150) square feet of floor area; mini-market food stores—one space for each three hundred (300) square feet of floor area for stores under two thousand (2,000) square feet of gross floor area.

d.

Retail stores, other than food, and personal service establishments: one space for each three hundred (300) square feet of floor space.

e.

Retail stores which handle primarily bulky merchandise such as furniture, household appliances, motor vehicles, farm implements, machinery and bulk supplies: one space for each six hundred (600) square feet of floor area.

f.

Service commercial uses, repair shops and wholesale establishments: one space for each eight hundred (800) square feet of floor area, plus one space for each employee, and one space for each vehicle stored on the property for more than twenty-four (24) hours.

g.

Commercial and industrial uses conducted primarily outside of buildings: one space for each employee of the maximum working shift, plus one space for each vehicle stored on the property for more than twentyfour (24) hours.

h.

Manufacturing, indoor storage and other industrial uses: one space for each employee of the maximum working shift, plus one space for each vehicle stored on the property for more than twenty-four (24) hours.

4.

Utility Uses. Electrical distribution and transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses: one space for each two (2) employees of the maximum working shift, plus one space for each vehicle stored at the site. Where the use is un-manned, one space for each service vehicle to be parked at the site.

5.

Health Uses.

a.

Medical and dental offices and clinics, including (but not limited to) surgeons, general practitioners, psychiatrists, psychologists, medical specialists, ophthalmologists, dentists, optometrists and similar medically-related professions: three (3) spaces for each practitioner, plus one space for each employee, or one space for each two hundred fifty (250) square feet of floor area, whichever is greater.

b.

Rest homes, nursing homes, convalescent homes, homes for the aged: one space for each employee of the daytime shift, plus one space for each four (4) beds.

c.

Charitable and religious institutions providing sleeping accommodations: one space for each employee and one space for each four (4) beds.

d.

Hospitals: one space for each four (4) beds and one space for each employee of the maximum working shift, plus one space for each staff doctor.

6.

Places of Assembly.

a.

Cafe, restaurant or other establishment for the sale and consumption of food and beverages on the premises: one space for each four (4) seats.

b.

Drive-in and fast food restaurants: one space for each two (2) seats, and one space for each employee of the maximum working shift.

c.

Auditoriums (except school auditoriums), churches, mortuaries, sports arenas and stadiums, dance halls, private clubs and lodges: one space for each fifty (50) square feet of floor area used for seating if seats are not fixed, or one space for each four (4) seats, plus one space for each employee. School classrooms associated with a church do not require parking in addition to that required for church seating.

d.

Theaters (indoor): one space for each four (4) seats.

e.

Bowling alleys: four (4) spaces for each alley, plus one space for each four (4) seats devoted to restaurant and/or cocktail lounge, plus one space for each employee of the maximum working shift.

f.

Other places of assembly without fixed seats: one space for each fifty (50) square feet of floor areas used for assembly, plus one space for each employee of the maximum working shift.

7.

Educational Uses.

a.

Public and private elementary and junior high schools: one space for each employee, plus sufficient space for safe and convenient bus loading and unloading of students.

b.

High schools: one space for each employee, one space for each ten (10) students, plus sufficient space for safe and convenient bus loading and unloading of students.

c.

Colleges: one space for each employee, plus one space for each five (5) students enrolled.

d.

Nursery schools and day care centers: one space for each employee, plus sufficient space for safe and convenient loading and unloading of students enrolled.

e.

Business, professional and trade schools and colleges, and art, craft, music and dancing schools: one space for each employee, plus one space for each three (3) adult students.

8.

Public Uses.

a.

City, county, special district, state and federal administrative offices: one space for each employee, plus one space for each one thousand (1,000) square feet of floor area.

b.

Public buildings and grounds other than offices and educational uses: one space for each employee of the maximum working shift, plus the number of additional spaces prescribed by the planning commission.

9.

Transportation Terminals and Facilities. Airports, heliports, bus depots, taxi stations, railroad stations and yards: one space for each employee of the maximum working shift, plus sufficient space for loading and unloading of passengers.

10.

Miscellaneous Uses. For a use not specified or covered by the above parking schedule, the same number of spaces shall be provided, as determined by the planning commission, as are required for the most similar use.

11.

Recreation Vehicle Parking within Multi-Family Developments. Recreation vehicle parking shall not be permitted within multi-family developments unless confined to an area designed for the purpose enclosed by a security fence, and located where it will have the least visual impact on the site as a whole. RV parking within yard spaces of individual dwelling units or multi-family structures shall be prohibited.

Demonstrated Alternative Parking Requirements. Notwithstanding the parking requirements of Subsections D.2. and D.3. of the above schedule, an applicant shall be entitled to submit a parking formula for consideration by the planning commission which is based on a demonstrated satisfaction of parking requirements for the same or similar use at another location. Such alternative demonstration shall be submitted in writing, together with photographic and other evidence as may be necessary in support of the request. Evidence from a location outside of the city of Kingsburg shall include a letter from the planning official having jurisdiction corroborating that the evidence supports the alternative formula.

E.

Units of Measurement.

1.

For purposes of this chapter, and with the exception of references to gross floor area, the term floor area shall mean that floor area used, or intended to be used, for direct service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment for the display and sale of merchandise, or for repair services. It shall not include areas used principally for nonpublic use, including restrooms, storage areas or administrative offices incidental to a commercial use.

2.

In outdoor or indoor places of assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four (24) lineal inches of each seating facility shall be counted as one seat for purposes of calculating off-street parking requirements.

3.

If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half (½) or more, and no parking space shall be required for a fraction of less than one-half (½).

F.

Change in Use, Additions and Enlargements. Whenever there is a change in use or increase in floor area, or change in other unit of measurement specified herein, and such change of increase creates a need for an increase in the number of off-street parking spaces by twenty percent (20%) or more, such increase in parking facilities shall be provided on the basis of the increased requirements of the new or enlarged use; provided, however, that in the event a change in use creates a need for an increase of two (2) or less offstreet parking spaces, no additional parking facilities shall be required.

G.

Remodeling. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use, addition or enlargement for which additional facilities are required in accordance with Subsection F. of this section.

H.

Mixed Uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use and uses within integrated shopping centers.

I.

Joint Use. The building official may, upon written application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses and activities, and under the conditions specified herein:

1.

Seventy-five percent (75%) of the parking facilities required for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use, or the reciprocal; provided however, that such parking area shall meet the conditions set forth for in-lieu payments in Subsection K.3., below.

2.

The following uses are typical daytime uses: banks, business offices, retail stores, personal services, manufacturing or wholesale uses and similar uses. The following uses are typical nighttime uses: dance halls, theaters, bars, auditorium and restaurants that only serve dinners.

3.

The following are conditions required for joint use:

a.

The building or use for which application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred (200) feet from such parking facility.

b.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

c.

If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided is in another ownership, partially or wholly, there shall be a recording in the office of the Fresno County Recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such owner or owners will continue to maintain such parking space so long as said building structure or improvement is maintained by said owner within said city. The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be

provided will be subservient to the title to the premises upon which the building is to be erected and that said parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

J.

Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape and relationship to sites to be served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately, except as follows:

1.

Where joint use is allowed.

2.

When such common parking facility is to occupy a site three thousand (3,000) square feet or more, a fifteen percent (15%) reduction in the total number of spaces shall be permitted.

3.

Where the provisions of Subsection D.2 of this section apply.

K.

In-Lieu Payments for Uses within the central business district. In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the central business district, the requirements thereof may be satisfied by electing one of the following options:

1.

Payment to the city of an amount of money, per parking space, for each parking space required by the provisions of this article, equal to fifty percent (50%) of the value of a parking space, which value shall be fixed annually by the city council based on the city's experience in the cost of developing municipal offstreet parking facilities. The payments of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as part of, and through the expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces at such locations and at such times as will best benefit the public-at-large in accordance with the policies and programs of the off-street parking plan of the city as adopted by the council.

2.

Construction of such off-street parking spaces and facilities as reasonably may be provided in view of the physical limitations of the property available for such purpose and the deposit of money with the city in accordance with the provisions, and under the terms of Subsection K.1., above, for the remainder of the off-street parking spaces and facilities required by this section; or

With the consent of the council, the owner of the property or use for which twenty (20) or more off-street parking spaces are required may deposit with the city an amount of money, per parking space for each parking space required by the provisions of this article, equal to seventy-five percent (75%) of the value of a parking space, which value shall be fixed annually by the council based on the city's experience in the cost of developing municipal off-street parking facilities. The payment of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as a part of, and as an expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces within four hundred (400) feet of the exterior boundaries of the property or use for which the spaces were originally required and within a time period determined by the mutual agreement of the depositor and the council.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, such money shall be deposited in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

ly for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, the payment may be made in equal monthly installments, with interest, over the maximum period of time possible consistent with attaining the objectives of the city's municipal off-street parking program. The time period for such payment shall be stated in an agreement with the city for payment, with the first installment due and payable upon execution of the agreement with the city for such payment. No use permit shall become effective, nor shall any building permit be approved, where in lieu payments are required, until such agreement has been duly executed.

(Ord. 93-04, 1993; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2016-005, § 1, 12-21-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.52.030 - Standards for off-street parking facilities.

Off-street parking facilities shall conform to the standards set forth in the City of Kingsburg Parking Manual as amended from time to time.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2009-07, § 1, 9-16-09; Ord. No. 2024-07, § 1, 12-18-2024)

17.52.040 - Off-street loading facilities required.

In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same parcel with such building, at least one off-street loading space, plus one additional off-street loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.050 - Standards for off-street loading facilities.

Off-street loading facilities shall conform with the following standards:

A.

Each loading berth shall be of a length and width, and shall have an overhead clearance sufficient to accommodate fully the maximum size of vehicles used in loading or unloading operations.

B.

Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C.

Entrances and exits shall be provided at locations approved under site plan review procedures of this code.

D.

The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and approval of the public works director.

E.

Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the public works director.

F.

If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

G.

A loading area shall not be located in a required front yard. A loading area may be located in a required side or rear yard.

H.

No commercial repair work or servicing of vehicles shall be conducted in an off-street loading area.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.060 - Location of off-street parking and off-street loading facilities.

Off-street parking and off-street loading facilities shall be located on the same site with the use for which the berths are required or on an adjoining site, except that within the central business district as located within the CC district, off-street parking facilities may be located within four hundred (400) feet of the use for which the spaces are required, measured by the shortest route of pedestrian access. No off-street loading space shall be required where buildings are served by a public alley.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.070 - Screening, fencing and landscaping.

A.

Where an off-street parking area in a C district adjoins a UR, RA, R, RM, or PO district, an ornamental solid wall or fence, vine-covered open fence, or compact screening device, as may be required under site plan review, shall be located on the property line common to such districts, except in a required front yard.

B.

In a RM, PO, C, or I district, not less than five percent (5%) of the interior of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the parking area to the extent practical in consideration of the size and design of the parking area. Shade trees shall be provided within off-street parking areas at a ratio of approximately one tree per five (5) parking spaces, placed along the line between parking bays and at both ends of a line of parking spaces, served by automatic irrigation.

C.

Shade trees approved by the city shall be provided in off-street parking areas at a ratio of one tree per five (5) parking spaces placed along the line between or at the back of parking bays, with trees to be provided at both ends of a line of parking spaces, with all trees served by automatic irrigation.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

No existing use of land or structure shall be deemed to be a non-conforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this article; provided, however, that facilities being used for off-street parking and off-street loading at the time of the adoption of this ordinance shall not be reduced in capacity to less than the number of spaces or berths or reduced to less than the minimum standards prescribed in this chapter. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.090 - Reduction of off-street parking and off-street loading facilities.

No off-street parking or off-street loading facilities provided for a use of land or structure in compliance with this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.52.100 - Exceptions to off-street parking and off-street loading requirements.

None of the provisions of the ordinance codified in this section which require the provisions of off-street parking and off-street loading spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property which is located within any vehicle parking district hereafter formed and existing under the provisions of any parking district act approved by the city council, and where parking and loading facilities provided by such district are determined by the city council to be adequate to serve the district.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.56 - HOME OCCUPATIONS—TEMPORARY SUBDIVISION SIGNS AND SALES OFFICES— MOBILEHOME PARKS—SIGNS AND OUTDOOR ADVERTISING STRUCTURES—MANUFACTURED SECOND HOUSING UNITS

17.56.010 - Home occupations.

A.

Procedures. Home occupations and short-term rental of houses or condominiums shall be permitted only in accordance with the provisions of this section, and a home occupation permit shall be valid only for the applicant to whom it was issued while the applicant operates the business or short-term rental in the location specified in the permit. The permit cannot be transferred to another owner, applicant or location. The terms of the permit cannot be modified except by applying for a new permit. For purposes of this section and any other applicable provision of this code, the words "home occupation" shall include shortterm rental of houses and condominiums in accordance with the provisions of Section 17.56.010.H.

B.

Standards. A home occupation must comply with the following standards:

1.

A home occupation shall be clearly incidental to the use of the home as a dwelling.

A home occupation shall not be conducted in any accessory structure other than a garage. Except that, a garage or accessory structure cannot be used as a short-term rental. There shall be no storage of equipment or supplies outside the dwelling or in any accessory structure other than a garage.

3.

No one other than a resident of the dwelling shall be employed in the conduct of the home occupation. Except that, the owner of the house or condominium may hire an agent to act as the "local contact person" to manage a short-term rental.

4.

Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

5.

Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises, provided that such merchandise is limited to small articles such as jewelry, cosmetics and similar items of merchandise which can be carried by one person in a case or other container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry and landscaping, are not included within the meaning of the clause "small articles".

6.

A home occupation may involve the performance of business services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall not include, medical offices, tattoo parlors, fortune tellers, palm readers, beauty salons, barber shops or similar services.

7.

A home occupation shall not involve the performance of any repair services on the premises other than the repair of small appliances and equipment or other small objects which normally are capable of being carried by one person without the aid of mechanical equipment or devices.

8.

A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses.

9.

No motor power other than electrically-operated motors shall be used in connection with a home occupation.

10.

A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.

11.

There shall be no external alteration of the appearance of a dwelling in which a home occupation is conducted in order to accommodate or enhance the home occupation.

12.

The existence of a home occupation shall not be apparent beyond the boundaries of the site except for one non-illuminated name plate affixed to the dwelling not exceeding two (2) square feet in area.

13.

Except for short-term rentals, the number of customers of a home occupation who travel to the site of the home occupation shall not exceed four persons per day unless permission is specifically granted through a condition imposed by the planning commission and/or city council. In no case shall the number of customers of a home occupation who travel to the site of the home occupation exceed eight (8) persons per day.

14.

Not more than one truck of not more than one ton capacity and no trailers incidental to a home occupation shall be kept on the site unless permission is specifically granted through a condition imposed by the planning commission and/or city council.

15.

The planning commission and/or city council may impose other conditions deemed necessary to make the home occupation compatible with the neighborhood.

16.

To assure compliance with these standards and any other conditions of approval, a home occupation shall be subject to review by staff six (6) months after issuance of a permit, with annual review thereafter.

17.

The holder of a home occupation permit must obtain and maintain a valid city of Kingsburg business license. If the business license is revoked or is not renewed in a timely manner, the home occupation permit shall be suspended and revoked in accordance with the procedure outlined in Section 17.56.010 G. Once revoked, the home occupation cannot be established again without application for a new permit.

C.

Application. An application for a home occupation shall be submitted to the planning and development department on a form prescribed by the department, accompanied by the processing fee specified by city resolution. The application shall provide information about the applicant's home and about the proposed business. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B and/or subsection H of this section. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B

and/or subsection H of this section. An application for a home occupancy permit for a short-term rental shall identify only one short-term rental property. An applicant shall not operate more than one short-term rental property at any time. An application for a home occupancy permit for a short-term rental located in a single-family residential zone district shall be denied if a home occupancy permit for a short-term rental is in effect for a short-term rental located within a one-half (½) mile radius of the short-term rental identified in the application.

The planning and development director or his/her designee shall review the application and determine whether the proposed business use meets the standards of subsection B and/or subsection H of this section, the objectives of the zoning ordinance, and the purpose of the zone district in which it is located. If so, the application will be accepted for processing.

If the application is accepted, public notices will be prepared for mailing to the owners of all properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. The notice will include information about the application and an invitation for interested persons to comment by contacting the planning and development department. The comment period will remain open for a period of fourteen (14) days following mailing of the notices.

D.

Administrative Approval. If any negative comment is received about the proposed home occupation during the comment period, or if the planning and development director or designee makes the independent determination that the proposal could possibly cause significant impacts to the surrounding neighborhood, the application will be referred to the planning commission. If no negative comment is received and if it is determined that the proposal will not have significant neighborhood impact, when the comment period ends the application will be approved and a home occupation permit issued.

E.

Planning Commission Hearing. If it is determined that a hearing must be held before the planning commission, public notice of the hearing will be published in a newspaper of general circulation at least ten (10) days in advance of the hearing and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. After receiving oral testimony at the hearing, and reviewing written comments presented prior to and during the hearing, the planning commission shall approve, approve with conditions, or deny the application. The decision of the planning commission will be final unless formally appealed by the applicant or other interested party to the city council within ten (10) days of the planning commission decision. If the application is approved and if no appeal is filed within the ten (10) day period, a permit shall be issued. If the application is conditionally approved and no appeal is filed within the ten (10) day period, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.

F.

Appeal. An appeal of the planning commission decision must be filed by the applicant or other interested party in writing with the city clerk. The city council will conduct the appeal hearing at a regularly-scheduled meeting following completion of a public notice process. Within ten (10) days of receipt of an acceptable

appeal, a public notice regarding the city council appeal hearing will be published in a newspaper of general circulation and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation, based on assessor's parcel records. Such notice must be published at least ten (10) days in advance of the date of the hearing.

The city council may affirm or overturn the decision of the planning commission or may add, remove or amend conditions of approval. If the city council decision results in approval of the application, a permit shall be issued. If the city council decision results in conditional approval, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.

G.

Revocation. Upon violation of any of the applicable provisions of this section, or upon failure to comply with any of the conditions that were attached to approval of the permit, a home occupation permit shall be suspended automatically. Notice of such suspension shall be sent as soon as possible to the applicant by the planning and development director or designee. If the violation that caused the suspension is not rectified within fourteen (14) days of the issuance of the notice, a public hearing shall be scheduled before the planning commission for consideration of revocation of the permit. Notice of the hearing shall be given in the same manner as described in subsection E for a planning commission hearing on application for a new permit.

The decision of the planning commission whether to revoke the permit, or to take such action as may be necessary to eliminate the violation, shall be final unless formally appealed to the city council. The process for appealing the decision, for conducting the appeal hearing before the city council, and for providing notice of the appeal hearing shall be the same as described in subsection F for processing an appeal regarding an application for a new permit.

H.

Operating Standards for Short-Term Rentals.

In addition to all other applicable requirements of this chapter, and notwithstanding any contrary provisions in the Kingsburg Municipal Code ("code"), short-term rentals are subject to the following operational standards:

1.

Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this section:

"Local contact person" shall mean a person who resides in the city and is designated by an owner or the owner's agent, who shall be available to respond to notification of a complaint regarding the house, condominium or apartment, and take remedial action necessary, as required under Subsection 8 of this Subsection H. A local contact person can be the owner if the owner resides in the city. The application for the home occupancy permit for a short-term rental shall identify a local contact person should the owner be unavailable to take remedial action under Subsection 8 of this Subsection H.

"Occupant" shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.

"Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title to a short-term rental. "Owner" does not include a lessee of the short-term rental. The owner shall be responsible for compliance with all of the provisions of this Subsection H.

"Short-term rental" shall mean the rental of a single-family house which is the principal residence of the owner or single-family condominium which is the principal residence of the owner or an apartment which is the principal residence of the owner, excluding apartments located in the city's central commercial zone district, by the owner to another person or group of persons, not to exceed the "total occupants" identified in the paragraph 11 below ("allowed group of persons"), solely for the purpose of lodging and sleeping and for no other purpose, for a period of not less than two (2) consecutive nights but less than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.

2.

No more than ten (10) home occupancy permits for a short-term rental shall be in effect at any one time.

3.

No short-term rental shall be rented for more than ninety-six (96) days during a twelve (12) month permit. The date of issuance of the home occupancy period shall be the first day of the initial twelve (12) month period. On or before the tenth day of each month, an owner must submit a monthly rental report to the city confirming the number of days the short-term rental was rented during the prior month.

4.

In single family residential zone districts as identified in the code, short-term rentals must be separated by a minimum of one-half (½) mile.

5.

The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the shortterm rental, regardless of whether such noncompliance was committed by the owner's agent, a local contact person or the occupants of the owner's short-term rental.

6.

The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, including, without limitation, a home occupation permit issued in accordance with the provisions of this section, and pay all applicable fees.

7.

While a short-term rental is rented, the owner or local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or local contact person must be on the premises of the short-term rental at the request of a code enforcement officer or the city's police department within thirty (30) minutes after contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter or the code by occupants occurring at the short-term rental. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner as required by this Section 17.56.010 H shall be grounds for revocation of the home occupation permit for the short-term rental.

dial action necessary to resolve any complaint, alleged nuisance or violation of this chapter or the code by occupants occurring at the short-term rental. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner as required by this Section 17.56.010 H shall be grounds for revocation of the home occupation permit for the short-term rental.

8.

Within ten (10) calendar days following the issuance of a home occupation permit for a short-term rental, the owner shall mail or personally deliver in writing ("short term rental notice") the following information to the owners and occupants of properties within three hundred (300) feet in each direction, from the property line of the short-term rental as determined by the city: the name and telephone number of the owner or the local contact person, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. Thereafter, within thirty (30) days following the issuance of the home occupation permit, the owner shall sign under penalty of perjury, and submit to the city clerk a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a home occupation permit for a short-term rental any information in the short term rental notice changes, the owner shall, within ten (10) calendar days following the change in information, mail or personally deliver in writing the updated shortterm rental notice setting forth the new information to maintain accuracy and shall also promptly submit to the city clerk a signed (under penalty of perjury) and dated written certification that the required mailing or delivery of the updated short term rental notice was completed.

9.

Short-term rentals shall be used solely for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 11 of this subsection H, or for weddings, receptions, parties, commercial functions, conferences, or other similar assemblies that are separate from the [sole] purpose of lodging.

10.

All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the city-issued home occupation permit number as part of the rental offering. No person shall advertise the use as a short-term rental unless the city has approved a home occupation permit for short-term rental in accordance with this section.

11.

The owner shall limit occupancy of a short-term rental to a specific number of occupants. The following table sets forth the maximum number of occupants for all short-term rentals:

Number of Bedrooms Total Occupants

If the home occupation permit for a short-term rental limits occupancy of the short-term rental to a number less than that shown on the table, the limit set forth in the home occupation permit shall control.

12.

Only the habitable interior portions of the short-term rental shall be utilized as a short-term rental. No garages, tents, camper trailers, recreational vehicles, or other exterior structures or spaces shall be used as short-term rentals.

13.

In any advertising concerning the availability of a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.

14.

All vehicles of occupants of a short-term rental single family house or condominium shall be parked only in an approved driveway or garage on the short-term rental single family house or condominium. The maximum number of vehicles allowed for a short-term rental single family house or condominium shall be limited to the number of available off-street parking spaces; however, any short-term rental must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the shortterm rental if that area has been included in the determination of the number of available off-street parking spaces pursuant to this subsection. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental or the blocking of the driveway or street in front of the short-term rental. The term "sidewalk" shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

15.

No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

16.

If the code enforcement officer or police department has received a complaint concerning a suspected violation of this subsection or of the code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental, or if the code enforcement officer or police department has reason to

believe that such a violation has occurred, the code enforcement officer or the police department shall notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or the local contact person to affirmatively respond to the officer's request within thirty (30) minutes and reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this subsection and the home occupancy permit. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

17.

No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m.

18.

Occupants shall not engage in outdoor activities on a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m. The hours between ten o'clock p.m. and nine o'clock a.m. are considered to be "quiet time," where all activities at a short-term rental shall be conducted inside of a short-term rental so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

19.

Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, in accordance with the city requirements. The owner of a shortterm rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental shall be free of debris both on site and in the adjacent portion of the street.

20.

It is unlawful for any owner, occupant, renter, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any other applicable provision of this code.

21.

The owner or the local contact person shall ensure that the occupants of a short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners or local contact persons are expected to take all measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this subsection. The sign shall also include the telephone numbers for the City of Kingsburg, the Kingsburg Police Department and the Kingsburg Fire Department.

23.

All short-term rentals shall be subject to the city's transient occupancy tax, as required by Title 3, Chapter 3.16 of the code. For the purposes of this subsection, the definitions in Section 3.16.020 of Title 3 of Chapter 3.16 of the code shall include the following: (i) the definition of "hotel" shall include short-term rental; (ii) the definition of "occupancy" shall include the renting of a short-term rental; (iii) the definition of "operator" shall include the owner of a short-term rental; (iv) the definition of "rent" shall include the rent paid by the occupant of a short-term rental; and (v) the definition of a "transient" shall include an occupant of a short-term rental. The owner shall also maintain at all times a valid Kingsburg business license. All transient occupancy tax statements shall be addressed to the owner and the local contact person.

24.

A short-term rental shall not exceed one short-term rental per short-term rental.

25.

Upon the violation of any provision of this Section 17.56.010 H, the city's code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of subsection 26 on the owner and the local contact person identified on the application for the home occupation permit for the short-term rental. The administrative citation shall contain the following:

a.

The street address of the short-term rental;

b.

A statement that the code enforcement officer has determined that a violation of Section 17.56.010 H has occurred and a brief description of the conditions that render the short-term rental or the use thereof in violation of Section 17.56.010 H;

c.

A statement to require the owner or the local contact person to correct the violation within the time period identified in the administrative citation which time period shall not exceed ten (10) days after the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;

d.

Amount of fine imposed for the violation(s);

e.

Explanation of how the fine shall be paid and the consequences of failure to pay the fine;

f.

A statement advising the owner or local contact person that they may appeal the issuance of the administrative citation in accordance with subsection 29;

g.

Signature of the code enforcement officer and the signature of the owner or the local contact person. If the owner or the local contact person refuses or does not sign the administrative citation, the lack of such signatures shall in no way affect the validity of the administrative citation and subsequent proceedings;

h.

The issuance to two (2) administrative citations to an owner or local contact person, (subject to the owner's right to appeal pursuant to subsection 29), shall result in the immediate revocation of the home occupancy permit for the short-term rental. Upon such revocation, the owner may not file an application for a home occupancy permit for a short-term rental for a period of one year after the date of the second administrative citation.

26.

The administrative citation, and any documents related thereto shall be served by one of the following methods:

a.

Personal service; or

b.

First class mail, postage prepaid, to the owner and the local contact person at the addresses as they appear on the owner's application for issuance of the home occupation permit for the short-term rental. The addresses shown on the owner's application for issuance of the home occupation permit for the shortterm rental shall be conclusively deemed to be the correct addresses for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing;

c.

The failure of the owner or local contact person to receive any administrative citation served in accordance with this subsection shall not affect the validity of any proceedings taken under this Section 17.56.010 H.

27.

Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person affecting service, declaring the date and manner in which

service was made.

28.

The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in Kingsburg Municipal Code Section 17.92.053; or pursue any other legal remedy to collect the fine.

29.

Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the city, must specify the basis for the appeal in detail and must be filed with the code enforcement officer within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.

a.

If the notice of appeal is filed in accordance with the provisions of this subsection 29, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council.

b.

As soon as practicable after receiving the written notice of appeal, the city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:

1.

Personal service; or

2.

First class mail addressed to the owner and the local contact person at the addresses identified on the application of the home occupation permit for the short-term rental. The failure of the owner or local contact person to receive such notice shall not affect the validity of any proceedings taken by the city council. Service by mail in the manner described above shall become effective on the date of mailing.

c.

Failure of any person to file an appeal in accordance with the provisions of this subsection 29 shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine.

d.

The city council shall conduct an appeal proceeding and accept oral and written evidence regarding the administration citation in the following manner:

1.

The code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.

2.

The owner and the local contact person may present testimony or evidence concerning the violation and the means and time frame for correction.

e.

The city council may sustain, modify or overrule the administrative citation.

f.

The decision of the city council regarding any appeal is the final administrative order and decision.

(Ord. 2003-01 § 1, 2003: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2018-006, § 1, 12-19-2018; Ord. No. 2019-004, §§ 1, 2, 7-17-2019; Ord. No. 2024-07, § 1, 12-182024)

17.56.020 - Temporary subdivision signs and sales offices.

Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two (2) years from the date of recordation of the subdivision.

Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two (2) years, a renewal of time is granted by the commission.

Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Section 17.56.040 of this chapter. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the commission in accordance with Chapter 17.68.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.030 - Mobilehome parks.

A.

Occupancy. No mobilehome shall be occupied or used for living or sleeping purposes, or be parked, other than in a mobilehome sales yard or in an approved storage area within a CS, CH or I district, unless it is located within a licensed mobilehome park; provided, that a mobilehome may also be used as follows: 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 use; to provide temporary living quarters for circus or carnival personnel in accordance with the provisions of an approved conditional use permit; or as a single family dwelling when set on a permanent foundation within any RA, R, RM or PO district.

B.

Location, Access and Procedure. For purposes of the ordinance codified in this title, mobilehome parks are considered to require the same considerations in their location as do other types of dwellings under low, medium or high density policies of the general plan. Mobilehome parks shall be located only within R or RM districts, with access from elements of the arterial or collector street system to be considered as a condition of approval. Mobilehome parks shall be permitted only in accordance with the regulations of Chapter 17.68 and this section.

C.

Development Standards, Mobilehome Parks.

1.

Park Area, Density and Site Area.

a.

The minimum area of a mobilehome park shall be five (5) acres. The first phase of mobilehome park development shall be not less than five (5) acres and shall include all required recreational and service amenities.

b.

The maximum density shall be eight (8) mobilehome sites per gross acre in the RM district, six (6) per net acre in the R districts, and one per net acre in the RA district.

c.

Each mobilehome site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage areas.

d.

No mobilehome site shall be less than thirty (30) feet in width.

2.

Clearances, Setbacks and Yard Spaces.

a.

Mobilehome Park:

b.

Mobilehome Sites within the Park:

c.

No mobilehome shall be located in any required yard space, except that tow bars may extend into such yard space, and other incidental structures may be located in accordance with the provisions of Section 17.08.050.

3.

Patios and Pads.

a.

Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area.

b.

Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, will be adequate to support the mobilehome on a level plane.

4.

Parking.

a.

Not less than two (2) off-street parking spaces shall be provided within each mobilehome site, one of which may be tandem to the other.

b.

Not less than one guest parking space shall be provided for each mobilehome site at a location central to each four (4) contiguous mobilehome sites.

c.

Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space for each four hundred (400) square feet of gross floor space.

d.

Supplemental parking for pleasure boats, recreation vehicles and non-occupied travel trailers shall be provided at a ratio of one parking space for each ten (10) mobilehome sites, and shall be used only by mobilehome park tenants. Said parking shall be clustered, easily accessible via interior drives, and screened from view by means of a solid ornamental fence or wall and landscaping.

e.

All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 17.52 of this title.

5.

Streets.

a.

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

b.

Minor streets within the mobilehome park shall be a minimum of thirty (30) feet of paved width; collector streets shall be a minimum of thirty-six (36) feet of paved width. Paving shall be to city standards.

c.

Streets shall be constructed to effect positive drainage, including concrete curbs and gutters constructed to city standards.

d.

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

6.

Driveways, Street Signs, Lighting, Storm Drainage, Water and Sewer Systems. Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities and water and sewer systems shall be installed subject to approval of the director of public works.

7.

Underground Utilities. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections and ducts for cable television. A community television antenna with underground ducts and connections to each mobilehome site shall be provided.

8.

Recreation Areas and Pedestrian Ways.

a.

Common recreation area in an aggregate total equal to ten (10) percent of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents.

b.

Recreation areas shall be landscaped and maintained, with all landscaped areas to be irrigated by an automatic underground system.

c.

Pedestrian ways shall be provided throughout the mobilehome park, connecting all mobilehome sites with each other and with common recreation areas. Such pedestrian ways shall be provided where possible at locations away from the interior street system to avoid conflict in pedestrian and vehicle traffic.

d.

The calculation of common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas and parking areas.

9.

Signs. No more than one identification sign shall be erected displaying the name of the mobilehome park. Such signs shall be located near the park entrance drive and shall not exceed thirty-two (32) square feet in total readable surface area, or eight (8) feet in height. Such sign shall be installed within the front yard area of the mobilehome park, parallel to the abutting street, with landscaping at its base. Additional directional and identification signs may be installed within the mobilehome park subject to the approval of the planning director.

10.

Landscaping and Screening. Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:

a.

A landscaped border along the entire street frontage yard area and along the rear yard if such yard is adjacent to a public street.

b.

Ornamental screen wall or fencing, seven (7) feet in height, along all interior side property lines, along all rear property lines which do not abut a public street, and along street side yard and street front yard setback lines.

11.

Other Requirements.

a.

Each mobilehome park shall provide: (1) a laundry building equipped for clothes washing and drying; (2) an outdoor clothes drying area screened from view from other areas of the mobilehome park by an ornamental screen fence or wall and landscaped area; and (3) trash enclosures at locations along the interior street system which are convenient to all residents and to municipal refuse trucks, integrated with parking areas. Trash enclosures are not required where each mobilehome unit is served by mechanized individual unit trash pickup service.

b.

Applications for mobilehome parks shall be subject to site plan review under the provisions of Chapter 17.72.

12.

Placement and Sale of Mobile Homes.

a.

At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment.

b.

Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided that such mobilehomes are not sold for delivery to any location other than within the mobilehome park in which sold, and that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four (4) mobilehomes shall be offered for sale at any one time, and advertising for sale shall be limited to one non-illuminated sign not exceeding eight (8) square feet in area on the site of each mobilehome offered for sale.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.040 - Regulation of signs and outdoor advertising.

A.

Purposes and application. In order to maintain and enhance the attractiveness and orderliness of the city's appearance, and to protect the public safety and general welfare, the location, size, height, illumination and maintenance of signs and outdoor advertising structures are regulated as prescribed below. It is the intention of this section to foster the expansion of the Swedish architectural motif which characterizes the city's commercial and industrial areas under the provisions of Chapter 17.80 of this title. If provisions of the City of Kingsburg Form Based Code, adopted on September 16, 2015, conflict with provisions in this Section 17.56.040, the provisions of this Section 17.56.040 shall prevail.

B.

General provisions and exceptions.

1.

Application. The provisions set forth in this section shall be applicable to all signs permitted by the ordinance codified in this title.

2.

Computation of sign area or display surface. For purposes of this section, measurements for computing the areas of a given sign shall be made as follows.

a.

For signs comprised of individual letters attached to the business structure, including module letters and logographic symbols, the effective sign area shall mean any area(s) enclosed by the minimum imaginary rectangle or parallelogram of vertical and horizontal lines which fully contains all extremities of each word and/or logographic symbol of the sign. Each word and/or logographic symbol shall be measured separately in computing total sign area. Shadow box borders and other border trims which are an intrinsic part of the building, either architecturally or structurally, shall not be included in such area computations.

b.

Where the sign consists of module letters only, and such letters are separated a minimum distance of one and one-half (1½) times the width of the individual module, the space between such letters shall not be included when computing sign area.

c.

For single unit signs containing letters or logographic symbols on cabinets or panels, the effective sign area shall mean the area enclosed by the minimum imaginary rectangle or parallelogram of vertical and horizontal lines which fully contains the perimeter of the cabinet or panel sign.

d.

For projecting signs and free-standing detached signs containing letters and/or logographic symbols, the effective sign area means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports and/or ornamental and decorative trim on cabinets or support columns.

e.

For free-standing and projecting signs intended to be read from both sides along a single frontage, both sides of the sign shall be counted in computing the total sign area for that frontage.

f.

The effective sign area of a ball or sphere shall be seventy-five percent (75%) of the surface area of the ball or sphere.

3.

Projection and height.

a.

No sign shall project more than fourteen (14) inches beyond the property line, except that a free-standing sign shall not extend beyond the property line. The minimum height clearance for any free-standing sign, projecting building sign or sign located on a building marquee shall be not less than eight (8) feet as measured from ground level to the lowest portion of the sign display area.

b.

No sign other than a directional sign shall project more than twelve (12) inches into a required rear yard or interior side yard.

c.

In an RCO, UR, RA, R, RM or PO district, a sign attached to a building shall not project above the parapet or roof line, whichever is higher.

4.

Number of free-standing signs. Not more than one (1) free-standing on-premise sign, or free-standing outdoor advertising structure, may be located on each parcel of property within a zoning district in which a free-standing sign or free-standing outdoor advertising structure is permitted.

5.

Traffic hazards.

a.

No sign or outdoor advertising structure shall be placed within thirty (30) feet of the intersecting curb lines of a street intersection, unless placed on a single pole with a ground clearance of at least ten (10) feet, or

unless placed so that the top of the sign and its supporting structure is a maximum of two and one-half (2½) feet above the ground.

b.

No red, green or amber lights or illuminated signs or outdoor advertising structures illuminated by or including flashing lights, shall be placed in such position that they reasonably could be expected to interfere with or be confused with any official traffic control device, traffic signal or official directional guide sign.

6.

Movement. A moving sign shall be permitted only in C or I districts, provided that movement shall be slow (not to exceed ten (10) r.p.m.) and shall not simulate effects obtained by varying the intensity, color, pattern or illumination.

7.

Utility lines and easements. No sign or outdoor advertising structure shall be located within a utility easement, or erected or located in a manner which will reduce the vertical or horizontal clearance from communication lines or energized electric power lines as required by laws, rules and regulations of the State of California and agencies thereof.

8.

Special signs—Exceptions. The following types of signs shall be exempt from the provisions of this Section 17.56.040:

a.

Temporary signs: Signs of a temporary or transitory nature and constructed and erected in a nonpermanent manner.

i.

Signs used to announce an upcoming event or sale, such as a fundraising event, school or community event, grand opening or holiday sale subject to the issuance of a temporary sign permit;

ii.

Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice;

iii.

Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or informational purposes;

iv.

Signs announcing garage or yard sales, which shall be removed immediately after the completion of the sale;

v.

Unless otherwise specified in the applicable temporary sign permit, all temporary signs shall be removed by the applicant, agency, entity, group or individual responsible for their placement within thirty (30) days after the date of the sign's original erection, or when the sign becomes damaged or is no longer legible, whichever first occurs.

b.

Signs or displays of patriotic or religious nature erected upon residential property and non-illuminated, nonverbal religious symbols erected upon residential property.

9.

Special signs—Prohibition. Animated signs, the movement of which is simulated by variations in the intensity, color, pattern or illumination of the sign, and flashing signs, shall be prohibited in all districts, subject to the following exceptions:

a.

A sign changing so as to show time and/or temperature.

b.

An on-premise barber pole.

10.

Area identification signs. Area identification signs intended to identify a neighborhood, subdivisions, shopping or industrial district, complex or other area composed of multiple ownerships, shall be limited to a maximum single surface area of twenty-five (25) square feet, and total sign area not exceeding fifty (50) square feet.

11.

Outdoor advertising signs. Outdoor advertising signs are signs having part or all of their area devoted to directing attention to a business, profession, commodity, product or service that is not the primary business, profession, commodity, product or service sold, manufactured, conducted or offered on the site on which the sign is located, and shall be subject to the following conditions:

a.

Outdoor advertising signs shall not be permitted in the RCO, UR, RA, R, RM, PO, IP or C districts.

b.

The maximum single surface area per site of an outdoor advertising structure in the I district shall be five hundred (500) square feet; the maximum aggregate area per site of outdoor advertising signs in the district shall be one thousand (1,000) square feet. No outdoor advertising signs shall be placed within one thousand (1,000) feet of another such sign on the same side of a street or highway.

c.

Signs in the RCO, UR, RA, R, RM and PO districts. No sign of any character shall be permitted in the RCO, UR, RA, R, RM or PO districts, except as follows:

1.

One (1) name plate, not directly illuminated, with a maximum of two (2) square feet in area (e.g., dimensions of 1' x 2'), containing the name or names of occupants of a residence or office.

2.

One (1) identification sign, not directly illuminated, located flat against a wall and not projecting above the roof line, with a single surface area of not more than sixteen (16) square feet pertaining to a permitted or conditional use conducted on the site.

3.

One (1) non-illuminated sign, with a single surface area of not more than eight (8) square feet, pertaining to the sale, lease, rental or display of a structure or site.

4.

Non-illuminated directional signs, with a single surface area of not more than six (6) square feet, pertaining to vehicular or pedestrian traffic directions and located along a driveway or within a parking lot. Arrows painted on pavement are not included in this regulation.

5.

One (1) bulletin board, not directly illuminated, with a single surface area of not more than twenty (20) square feet, located on the site of a church, school, auditorium or other similar place of public assembly.

6.

One (1) non-illuminated temporary construction sign, with a single surface area of not more than sixteen (16) square feet, on the site of a construction project, which shall be removed at the owner's expense at the time of project completion.

7.

One (1) temporary subdivision sales sign, not directly illuminated, with a single surface area of not more than thirty-two (32) square feet, on the site of a residential subdivision.

D.

Regulation of signs within the C districts.

1.

Purposes and application. The purpose of sign regulation within the C districts is to avoid unsightly, inharmonious, competing, cluttered and hazardous location and appearance of signs, and to encourage the replacement of existing non-conforming signs. Sign regulations of this section shall apply to any permitted or conditional use listed within a C district.

2.

Maximum total aggregate area in the CC district.

a.

Primary frontage. An allowable minimum sign area of up to fifty (50) square feet shall be permitted for each primary building frontage (portion of building occupied by the business and facing a street), regardless of the width of such primary building frontage. A maximum total sign area, not to exceed three hundred fifty (350) square feet, shall be permitted for each primary building frontage based on two (2) square feet of sign area for each lineal foot of primary building frontage occupied by the business.

b.

Secondary frontage. An allowable minimum sign area of up to thirty-five (35) square feet shall be permitted for each secondary building frontage (portion of building occupied by the business and facing an alley, an adjacent building, parking lot, or the like), regardless of the width of such secondary frontage. A maximum total sign area, not to exceed two hundred (200) square feet, shall be permitted for each secondary frontage based on one (1) square foot of secondary building frontage occupied by the business.

3.

Maximum total aggregate area in the CS and CH districts.

a.

Primary frontage. An allowable minimum sign area of up to one hundred (100) square feet shall be permitted for each primary business frontage along a street, regardless of the width of such primary business frontage. A maximum total sign area, not to exceed five hundred (500) square feet, shall be permitted for each primary building frontage based on two (2) square feet of sign area for each lineal foot of primary business frontage occupied by the business.

b.

Secondary frontage. An allowable minimum sign area of up to fifty (50) square feet shall be permitted for each secondary business frontage, regardless of the width of such secondary frontage occupied by the business. A maximum total sign area, not to exceed two hundred (200) square feet shall be permitted for each secondary business frontage based on two (2) square feet of sign area for each lineal foot of secondary business frontage occupied by the business.

4.

Directional signs. Directional signs for off-street parking and off-street loading facilities shall not exceed six (6) square feet for each sign; parking lot identification signs shall not exceed six (6) square feet per face of sign.

5.

Sale, lease and rental signs. Signs pertaining to the sale, lease, rental, or display of a structure or land shall not exceed thirty-two (32) square feet per single face of sign.

6.

Projecting signs. No sign, other than a directional sign, shall project more than twenty-four (24) inches into a required rear yard or required interior side yard. No sign, other than a sign required by law or a marquee sign, shall project more than fourteen (14) inches into a public right-of-way.

7.

Signs attached to buildings. Signs attached to buildings shall be installed parallel with the building, with no more than a fourteen (14) inch projection from the wall except where permitted under Subsection D.8., below and/or attached directly to the vertical or sloped face of the marquee.

8.

Marquee or canopy signs. Signs attached below the marquee or canopy shall not exceed six (6) square feet per face of sign and shall have a minimum ground clearance of eight (8) feet above the sidewalk grade in order not to impede or interfere with pedestrian traffic and safety. Where the marquee or canopy is attached at an angle from a building, signs may be affixed to the sloped portion above the horizontal extension of the marquee or canopy as an integral part of the facade.

9.

Painted wall signs. Within each of the C districts, signs painted upon a wall exterior surface shall be included when computing the allowable sign area.

10.

Free-standing signs.

a.

New free-standing signs shall have a permanently landscaped area at their bases, and shall be maintained with live plant materials around the base of such signs equal to at least ten (10) percent of the total sign area, and with a minimum landscaped area of ten (10) square feet.

b.

Free-standing area identification signs displaying the name and/or logographic symbol of a shopping center and/or the names of other groupings of businesses, offices, services, or combinations thereof, shall

not exceed a total sign area of three hundred fifty (350) square feet.

c.

No more than one (1) free-standing sign shall be permitted for a single business or for a grouping of businesses on a single site, except that an additional free-standing sign shall be permitted for a grouping of ten (10) or more businesses on a single site, and one (1) freeway oriented sign may be located on a site in the CH district, subject to site plan review, not exceeding an aggregate area of three hundred (300) square feet or a height of ninety (90) feet.

11.

Announcement and bulletin boards. Announcement and bulletin boards or structures for any public, philanthropic, civic, religious, or charitable organization or agency, non-illuminated or illuminated by indirect lighting only, may not exceed thirty-two (32) square feet in area in any district when appurtenant to the premises on which they are located.

12.

Public service signs. Electronic public service signs displaying such information as time of day, temperature, or events of community interest, with the purpose of augmenting on-premise identification shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site.

13.

Portable signs. Portable signs, including, but not limited to, sandwich board, "A" board, movable freestanding, tire stack, and wind signs, shall be prohibited, with the exception of those signs allowed by approval of the planning director pursuant to City of Kingsburg Downtown Form Based Code, § 17.42.122.

14.

Public utility signs. Non-advertising signs of public utility companies shall be permitted as required in their operation, providing service for the health, safety, and welfare of the general public, including, but not limited to, the following: informational signs for public telephone facilities or marking the location of underground facilities, directional signs for public utility services, signs notifying the public of "danger", "emergency", "construction", and similar conditions. No sign or other item shall be attached to private utility company poles and/or light standards or supports without prior written approval from the utility company to which such poles belong.

15.

Sight distance at intersections. No sign permitted by this section shall be placed within thirty (30) feet of a street intersection (intersecting curb lines) unless placed so that the top of the sign is at a maximum of two and one-half (2½) feet above the ground or unless the bottom of the sign is a minimum of ten (10) feet above the ground level.

Height of signs. Except for freeway oriented free-standing signs in the CH district, the height of signs within the C districts shall not exceed the height of the structure which houses the business being advertised, and in no case shall any sign exceed the height limitations of the district in which it is located.

17.

Signs expressly prohibited.

a.

No red, green, or amber light or illuminated sign may be placed in such a position that it could reasonably be expected to interfere with, or be confused with, any official traffic control device, traffic signal, or official directional guide sign.

b.

Outdoor advertising structures shall not be permitted.

c.

Glaring, flashing, and scintillating signs shall not be permitted.

d.

Open letter signs which may be viewed from the reverse shall not be permitted.

e.

Canvas, plastic, cloth, paper, or other types of banners or streamers suspended across public or private property, buildings, or structures shall not be permitted, except temporary banners which extend over or across a street announcing civic events such as parades, homecomings, festivals and publicly or privately sponsored promotional events as may be approved by the city council.

18.

Brand name advertising. Up to thirty (30) percent of the signing allowance for any frontage may be devoted to the advertising or identification of an individual brand or brands of products. This provision shall not apply to the identification of one (1) primary brand name identifying a service station.

19.

Design of signs. All signs shall be designed in scale and harmony with the architectural design of the buildings and uses they are intended to relate to or identify.

20.

Alteration and removal. Achieving the alteration or removal of dangerous, obsolete and nonconforming signs is a major policy of this section. To this end, certain signs are hereby declared to be dangerous, obsolete, or nonconforming, and shall be removed or altered to conform as follows:

a.

A dangerous sign is hereby defined as any sign which is an immediate peril or a potential menace to the safety of persons or property. The building inspector shall give a written order for the repair or removal of any unsafe or dangerous sign to the owner of the real property upon which such sign is located. If such owner shall fail to remove or repair such sign or advertising structure, within six (6) months of notification by the building inspector, the building inspector may cause the removal of such sign and may enter upon such property for such purpose. Any cost accrued by the city in the removal of such sign shall be charged to the owner of the real property upon which such sign is located and added to the real taxes thereon for the ensuing tax year or be collected in civil action at the option of the city.

b.

Any sign hereafter existing which no longer advertises a bona fide business conducted or product sold on the premises where such sign exists shall be removed or made to conform by the owner of the building, structure, or property upon which such sign is located within ninety (90) days after written notification by the building inspector, or the building inspector may cause the removal of such sign. Any cost accrued by the city shall be treated in the same manner as provided, above, for dangerous or unsafe signs.

c.

Signs which are non-conforming because of their lighting, movement or animation shall be made to conform or be removed within one hundred twenty (120) days after written notification by the building inspector.

21.

Appeals procedure. If, because of any ambiguity, inadvertent omission, or error, the interpretation of the provisions and/or intent of this section by the building official is disputed, the applicant or any aggrieved person may appeal, in writing, setting forth reasons for such appeal to the planning commission. The appeal shall be filed with the planning commission within fifteen (15) days after an adverse decision of the building official. The appeal shall be placed on the regular meeting agenda of the commission at the first opportunity.

The commission shall review the sign proposal and shall approve, approve with conditions, or disapprove it, based on the findings set forth in Section 17.84.060 A. of this Code.

E.

Regulation of signs. Within the I districts. No sign, outdoor advertising structure or display of any character shall be permitted in the I districts, except as follows:

1.

Outdoor advertising signs in accordance with the district limitations and standards prescribed in Section 17.56.040 B.11.

2.

The maximum permissible area of all faces of all permanent and temporary signs pertaining to a permitted use or conditional use, excluding outdoor advertising signs, directional signs and signs identifying products

within a window display area, shall be as follows: one (1) square foot of sign area per lineal foot of property line adjoining a street, or one hundred (100) square feet per acre of site area in use, whichever is greater, to a maximum of sixty (60) square feet of sign area.

3.

Temporary signs shall be permitted in all I districts, provided that their combined area shall not exceed fifty (50) square feet.

4.

One non-illuminated sign, not exceeding a single surface areas of sixteen (16) square feet, pertaining to the sale, lease, rental or display of a structure or site.

5.

Non-illuminated directional signs along driveways or within parking lots, not exceeding a single surface area of six (6) square feet, pertaining to vehicular and pedestrian traffic direction.

6.

One (1) bulletin board not directly illuminated, not exceeding a single surface area of twenty (20) square feet located on the site of a place of public assembly.

7.

One (1) non-illuminated temporary construction sign, not exceeding a single surface area of thirty-two (32) square feet, on the site of a construction project, to be removed at the owner's expense at the time of project completion.

F.

Political signs.

1.

No person except a duly authorized public official shall erect any sign, outdoor advertising structure or display of any character upon any public property other than a public right-of-way and no such sign, outdoor advertising structure or display shall be erected or maintained within any city street right-of-way without first obtaining written approval from the city.

2.

No political signs are permitted within the city street right-of-way.

3.

No political signs shall be erected prior to sixty (60) days before the date of the election to which they pertain.

Each candidate or person/group named on such political sign shall be responsible for the removal of all such signs within six (6) days after the polls close. After that date, the cost of removal of any sign shall be assessed to the candidate or person/group named on the sign.

Political signs shall not require a temporary sign permit, but shall be subject to the requirements in this section F.

G.

Non-conforming signs and outdoor advertising structures. Non-conforming signs and non-conforming outdoor advertising structures shall be subject to the regulations prescribed in Chapter 17.60.

H.

Abandoned and dilapidated signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, any sign which has been abandoned or which is physically dilapidated. Any such sign shall be promptly removed by the owner or such other person. Any sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, or any sign which

was erected for an occupant or business unrelated to the present occupant or his/her business, or any sign which pertains to a time, event or purpose which no longer is applied, shall be presumed to have been abandoned. Where the owner or other person responsible for maintaining an abandoned or dilapidated sign fails to remove the sign in conformance with these provisions, the city shall cause the sign to be removed and shall assess the owner or other person responsible at a rate established by resolution of the city council to cover the costs of such removal.

I.

Authority to modify sign regulations. Notwithstanding other provisions of this chapter, the planning commission has the authority to modify or adjust regulations of this chapter in order to prevent or lessen practical difficulties or unnecessary physical hardships inconsistent with the objectives of the zoning ordinance codified in this title and the purpose of this section as would result from a strict or literal interpretation and enforcement of certain of the regulations of this title.

(Ord. 92-11 § 1 (part), 1992; Ord. 408 (part), 1982)

(Ord. No. 2016-001, § 1, 3-16-2016)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.050 - Regulation of manufactured housing within residential districts.

A.

Application. The provisions of this section shall apply to all single family dwellings and mobilehomes on permanent foundations listed as permitted uses within UR, RA, R, RM and PO districts.

B.

Developmental/Architectural Standards. All single family dwellings and mobilehomes on permanent foundations shall meet the following developmental/architectural standards:

1.

Garages or Carports. A garage or carport shall be provided for every dwelling located on a lot which is not a part of a mobilehome subdivision.

2.

Minimum Floor Area. The minimum floor area for every dwelling located which is not a part of a mobilehome subdivision, shall be eight hundred (800) square feet, excluding the area of the garage or carport.

3.

Roof Overhang. All main buildings shall have a pitched roof with a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

4.

Roofing Material. All main buildings, and all detached garages and carports located on the front half of the lot shall have a roof constituted of either wood shakes, asphalt, composition or wood shingles, clay, tile, concrete or metal tile, slate or built-up asphaltic-gravel materials.

5.

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, concrete, stucco, masonite or metal lap. 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.

6.

Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or the provisions of Section 18551 of the California Health and Safety Code, such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

7.

Minimum Width. The minimum width of a dwelling located on a lot outside of a mobilehome subdivision shall be twenty (20) feet.

8.

Surrender of Registration. Subsequent to applying for a building permit, and prior to occupancy of a mobilehome on a permanent foundation, the owner shall request a certification of occupancy be issued by the building official pursuant to Section 18557(a)(2) of the California Health and Safety Code. Thereafter,

any vehicle license plate, certificate of ownership and certificate of registration issued by a State Agency is to be surrendered to the issuing State Agency. Any mobilehome on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550(b) of the California Health and Safety Code.

9.

Tow Bars, Wheels and Axles. All mobilehome tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.

10.

Deviations. The planning 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 design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the director may be appealed to the city council in accordance with the provisions of Section 17.64.050 of this code.

(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.56.060 - Accessory Dwelling Units.

A.

Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of such accessory dwelling units (ADUs) consistent with Government Code Section 66310, as may be amended from time to time. implements Government Code 66310 as may be amended from time to time.

B.

Density and Consistency. Accessory dwelling units that confirm to the requirements of this section and with the requirements of Government Code Section 66310 shall:

1.

Not be considered for the purposes of evaluating the density requirements established in the General Plan.

2.

Be found consistent with the existing General Plan designation and zoning for the lot.

3.

Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

C.

Application. Application for a permit for an accessory dwelling unit or a junior accessory dwelling unit (JADU) shall be the same as application for a building permit for a single-family residence.

D.

Filing Fee. The filing fee associated with an accessory dwelling unit or a junior accessory dwelling unit shall be the calculated in the same manner as the filing fee associated within a single-family residence.

E.

Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.

1.

Detached Accessory Dwelling Units.

a.

Location.

(1)

Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

(2)

Detached ADUs may be located in an existing accessory structure.

b.

Maximum Number of Detached ADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU.

(2)

Existing multifamily developments may have one detached accessory dwelling unit for each primary dwelling unit within the existing multifamily development, up to a maximum of eight (8) total detached accessory dwelling units on the same lot.

(3)

Proposed multifamily developments may have up to two (2) detached accessory dwelling units on the same lot.

(4)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

c.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than one thousand two hundred (1,200) square feet.

(3)

When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed one thousand two hundred (1,200) square feet to an amount equal to the square footage of the existing accessory structure to be converted.

d.

Minimum Setbacks. Four (4) foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.

e.

Maximum Height. The maximum height of detached ADUs shall be as follows:

(1)

For one story detached ADUs, the maximum height shall be sixteen (16) feet. Where the detached ADU is located within one-half (½) mile walking distance of a major transit stop or a high-quality transit corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be eighteen (18) feet.

(2)

For two story detached ADUs, the maximum height shall be twenty five (25) feet.

(3)

Height Exceptions.

(a)

An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(b)

When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 17.56.060(E)(1)(e)(3)(a) to an amount equal to the height of the existing accessory structure to be converted.

f.

Parking.

(1)

One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered.

(2)

Exceptions. No parking shall be required in any of the following circumstances:

(a)

The detached ADU is located within one-half (½) mile walking distance of public transit.

(b)

The detached ADU is located within an architecturally and historically significant historic district.

(c)

The detached ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

On-street parking permits are required but not offered to the occupant of the detached ADU.

(e)

There is a car share vehicle located within one block of the detached ADU.

g.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

h.

Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square foot detached ADU.

2.

Attached ADUs.

a.

Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.

b.

Maximum Number of Detached ADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU.

(2)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

c.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

d.

Minimum Setbacks. Four 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

e.

Maximum Height. The maximum height of attached ADUs shall be two (2) stories and twenty five (25) feet or the maximum height specified by the base zone district, whichever is lower.

f.

Parking.

(1)

One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be improved and may be covered or uncovered. If the proposed or existing single-family dwelling provides two (2) parking spaces on-site, no additional parking shall be required.

(2)

Exceptions. No parking shall be required in any of the following circumstances:

(a)

The attached ADU is located within one-half (½) mile walking distance of public transit.

(b)

The attached ADU is located within an architecturally and historically significant historic district.

(c)

The attached ADU is part of the proposed or existing primary residence or an accessory structure.

(d)

On-street parking permits are required but not offered to the occupant of the attached ADU.

(e)

There is a car share vehicle located within one block of the attached ADU.

g.

Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

h.

Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square foot attached ADU.

Conversion ADUs.

a.

Location. Conversion ADUs are permitted within the portions of existing multifamily dwelling 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.

b.

Maximum Number of Conversion ADUs. The maximum number of conversion ADUs allowed shall be no more than twenty five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion ADU be allowed.

c.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or one thousand two hundred (1,200) square feet, whichever is greater.

d.

Minimum Setbacks. Four(4)-foot side, street side, and rear yard, except when converting existing and eligible square footage that is less than four (4) feet from the side, street side, or rear yard.

e.

Parking. No additional parking shall be required.

4.

Junior ADUs (JADUs).

a.

Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

b.

Maximum Number of JADUs.

(1)

When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one. The JADU may be in addition to an existing or proposed detached ADU and an existing or proposed attached ADU.

(2)

In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

c.

Floor Area.

(1)

The minimum floor area shall be one hundred fifty (150) square feet, or the equivalent of an efficiency unit, whichever is greater.

(2)

The maximum floor area shall be five hundred (500) square feet.

d.

Parking. No parking shall be required for the JADU.

e.

Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.

f.

Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.

g.

Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

(1)

A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a one hundred twenty (120)-volt electrical connection.

(2)

Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one food storage cabinet of a minimum twenty-four (24) inches in width.

h.

Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

i.

Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

(1)

A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

(2)

A restriction on the size and attributes of the JADU that conforms with this section.

5.

Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs.

a.

Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

b.

Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

(Ord. No. 2024-07, § 1, 12-18-2024)