Chapter 17.58 — AFFORDABLE HOUSING DENSITY BONUS

The provisions of this section are applicable only to residential projects of five (5) or more units, and senior housing projects of thirty-five (35) or more units.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915 et seq., as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.

B.

Availability. Affordable housing units shall be constructed concurrently with and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the city and the developer agree to an alternative schedule for development.

C.

Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.

D.

Income Levels. For purposes of determining income levels of households under this chapter, the city shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.

E.

Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of fiftyfive (55) years or such other term approved by the city, consistent with State law.

F.

Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the city planner and/or City Attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:

1.

Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

2.

Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.

4.

Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

5.

Schedule. A schedule for the completion and occupancy of the affordable housing units.

6.

Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

7.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.

8.

Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

9.

If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development's affordable units.

10.

Other Provisions. Other provisions to ensure implementation and compliance with this section.

11.

For Sale Units. In the case of dwelling units available for sale, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

a.

Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost.

b.

Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.

c.

Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

G.

Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of

occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating

agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

B.

The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent (30%) of sixty five percent (65%) of the area median income for a single-room occupancy unit type.

C.

The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 17.58.A over the otherwise allowable maximum residential density permitted by this section and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following in the percentages described below in Table 17.58.A:

1.

Lower Income Units.

2.

Very Low Income Units.

3.

Senior Citizen Housing Development.

4.

Moderate Income Units.

5.

Lower Income Student Housing.

6.

Foster Youth, Disabled Veterans, or Homeless Units.

Land Donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

a.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

b.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.

c.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.

d.

The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.

e.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subdivision (B), which shall be recorded on the property at the time of the transfer.

f.

The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

g.

The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter (¼) mile of the boundary of the proposed development.

h.

A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

TABLE 17.58.A: DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE

2100% affordable projects located within one-half (½) mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.

B.

Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements depicted in paragraph (1) shall specify whether the bonus shall be awarded on the basis of Section 17.58.040, Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

C.

Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 17.58.060, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (A) of this section.

(Ord. No. 2024-07, § 1, 12-18-2024)

17.58.050 - State Childcare Facility Density Bonus.

A.

Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:

1.

Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. For example, a five thousand (5,000) square foot childcare facility would result in a density bonus of five thousand (5,000) square feet of dwelling units.

2.

Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

Conditions of Approval. The city shall require, as a condition of approving the housing development that the following occur:

1.

Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.

2.

Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

C.

Exceptions. The city shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

One (1) incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a condominium or planned development; or

2.

One (1) incentive or concession for senior citizen housing developments; or

3.

One (1) incentive or concession for projects that include at least percent (20%) of the total units for lower income students in a student housing development; or

4.

Two (2) incentives or concessions for projects that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a condominium or planned development; or

5.

Three (3) incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a condominium or planned development; or

6.

Four (4) incentives or concessions for projects with one-hundred percent (100%) of the total units for lower income households, or at least eighty percent (80%) lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half (½) mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty three (33) feet.

7.

The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.

B.

Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the city shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (A), unless the city makes a written finding that either:

1.

The concession or incentive is not necessary in order to provide the proposed targeted units, or

2.

The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

3.

Notwithstanding the restriction in Subsection (A) above, the applicant may propose and the city may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

C.

Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:

1.

Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks and building separation requirements.

c.

Reduced minimum outdoor and/or private usable open space requirements.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (1).

a.

One (1) on-site space for studios to one (1) bedroom units;

b.

Two (2) on-site spaces for two (2) to three (3) bedroom units; and

c.

Two and a half (2.5) on-site spaces for four (4) more bedroom units.

d.

For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.

3.

Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

4.

Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:

1.

A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;

2.

The level of affordability of the dedicated units;

3.

A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915. Preparation of an additional report or study not otherwise required by state law shall not be required;

4.

If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and

5.

If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.

B.

Completeness review shall be limited to the items requested in the form or, if the city has not prepared a form, the information in subdivision (A). Revisions to the application shall apply prospectively and not to existing applications.

C.

If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city's submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in accordance with the appeals procedure of Section 17.72.070, except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant's written appeal.

D.

If the applicant has been determined to be complete, the city shall immediately transmit its written determination to the applicant.

E.

If the city does not transmit to the applicant its written determination within thirty (30) days, the application shall be deemed complete and processing shall commence.

F.

Upon mutual agreeance between the city and the applicant, an extension of these timeframes shall be permitted.

(Ord. No. 2024-07, § 1, 12-18-2024)

17.58.080 - Density Bonus Review.

After the application has been deemed complete, the city shall provide the applicant with a determination as to the following matters:

A.

The amount of density bonus for which the applicant is eligible;

B.

The parking ratio for which the applicant is eligible, if requested;

C.

Whether the applicant has provided adequate information for the city to make a determination as to the incentives, concessions, or waiver or reduction of developments requested by the applicant.

D.

Appeals. Decisions to deny an incentive, concession, or waiver may be appealed in accordance with the appeal procedures of Section 17.72.070.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

"Affordable Sales Price" means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.

B.

"Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.

C.

"Target Unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.

D.

"Lower Income Units" means units that are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

E.

"Very Low Income Units" means units that are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

F.

"Senior Citizen Housing Development" means a housing development that qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.

G.

"Moderate Income Units" means units in a condominium project, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, that are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

H.

"Lower Income Student Housing" means units in a student housing development are affordable for lower income students.

I.

"Foster Youth, Disabled Veterans, or Homeless Units" means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.60 - GENERAL PROVISIONS AND EXCEPTIONS

Upon receipt of an application, or on its own initiative, the planning commission may, by resolution, add a use to the lists of permitted uses, permitted uses subject to administrative approval, and conditional uses prescribed in Chapters 17.16 through 17.48 of this code, if the commission makes the following findings, as applicable:

A.

That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed.

B.

That the use has the same basic characteristics as the uses permitted in the district.

C.

That the use reasonably can be expected to conform with the required conditions for the district.

D.

That the use will not be detrimental to the public health, safety or welfare, or adversely affect the character of any district in which it would be located.

E.

That the use will not create more vehicular traffic than the volume normally created by the uses permitted in the district.

F.

That the use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses permitted in the district.

G.

That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses permitted in the district.

When a use has been added to a list of permitted uses, permitted uses subject to administrative approval or conditional uses in accordance with the procedure prescribed in this section, the use shall be deemed to be listed as a permitted use in the appropriate section and shall be added to the text of that section of this ordinance when it is next published with a notation of the date when the use was added to the list.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal floor area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

No yard space about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard for any other structure, and no yard on one site shall be deemed to provide a yard space for a structure on another site.

B.

Where two (2) or more dwellings are located on the same lot, and any one of them has a door facing a side yard, such dwelling shall be located not less than ten (10) feet from the adjacent side lot line. A door shall be deemed to face a side yard if the wall in which the door is set is located at an angle of forty-five (45) degrees or less to the side yard.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site: provided that where a precise street plan has been adopted by the city council, required front yards shall be measured from the plan line, and no provision of this ordinance shall be construed to permit a structure or use to extend beyond such line. Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site. Where a site abuts a public alley, required yards shall be measured from the nearest line of the alley, except that garages and carports having access perpendicular from the alley right-of-way shall be located a minimum of twenty-seven (27) feet from the opposite alley right-of-way line.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Architectural features including sills, chimneys, fireplaces, cornices and eaves may extend into a required side yard, a required rear yard, or a space between structures not more than thirty-six (36) inches and may extend into a required front yard not more than six (6) feet, provided that where an architectural feature

extends more than twenty-four (24) inches into a required side yard, said extension shall be protected by a minimum one hour fire resistant standard. No building or projection thereof, except a garden structure, may extend into a public easement.

B.

Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four (4) feet; planter boxes attached to a building, may be extended into a required front yard by not more than three (3) feet.

C.

Fences, walls, hedges, garden structures walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations, and except that the provisions of this ordinance shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the State of California or any agency thereof, and further that a chainlink fence up to seven (7) feet in height may be located in any required front yard in conjunction with public and quasipublic uses.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.60.060 - Through lots.

A front yard shall be provided on each frontage of a through lot, except where a waiver-of-access has been dedicated to one of the frontages.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A landscaped area provided in compliance with the regulations prescribed in this ordinance or as a condition of a site plan review, a use permit or variance shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas. Landscaped areas within sites subject to site plan review shall be watered by automatic systems.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.60.080 - Maintenance and elimination of non-conforming sites, uses, and structures.

A.

Purposes and Application.

1.

A non-conforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance, but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by limiting their enlargement and prohibiting their reestablishment after abandonment, and by prohibiting the alteration of the structures they occupy and their restoration after destruction.

2.

A non-conforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this section, but which does not conform with the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of non-conforming structures, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction, within a reasonable period of time.

3.

Priorities for enforcement under this section shall be as follows, in descending order of importance:

a.

Uses and structures listed under Section 17.60.080 G.

b.

Non-conforming uses.

B.

Continuation and Maintenance.

1.

A use lawfully occupying a structure or a site on the effective date of the ordinance codified in this section or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.

2.

A structure lawfully occupying a site on the effective date of the ordinance codified in this section or of amendments thereto, which does not conform with the standards of coverage, front yard, side yards, rear yard or distances between structures prescribed in the regulations for the district in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained except as otherwise provided in this section.

3.

A sign or outdoor advertising display of any character lawfully occupying a site on the effective date of the ordinance codified in this section or amendments thereto, which does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for the district in which it is located, shall be deemed to be a non-conforming sign or outdoor advertising structure, and may be displayed and maintained except as otherwise provided in this section.

4.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a non-conforming sign or outdoor advertising structure.

C.

Alterations and Additions to Non-Conforming Uses and Signs. Except as provided in Sections 17.60.080 D. through I., no structure, the use of which is non-conforming, and no non-conforming sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the non-conforming use. No structure partially occupied by a non-conforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

D.

Alterations and Additions to Non-Conforming Structures. No non-conforming structure shall be altered or reconstructed so as to increase the amount of floor space or the discrepancy between existing conditions and the standard of coverage, front yards, side yards, rear yard, height of structure or distances between structures prescribed in the regulations prescribed for the district in which the structure is located, except as may be permitted through the granting of a conditional use permit under the provisions of Chapter 17.68. The modest expansion of a non-conforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed twenty-five percent (25%) of the existing floor area of the structure.

E.

Abandonment of a Non-Conforming Use. Whenever a non-conforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of one year, the non-conforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

F.

Restoration of a Damaged Structure.

1.

Whenever a non-conforming use, or a non-conforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than sixty percent (60%), the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within six (6)

months and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official, and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.

2.

Whenever a non-conforming use or structure is destroyed to the extent of sixty percent (60%) or more of square foot of the structure by fire, weather related causes, or any other cause, the structure shall not be restored except in full conformity with the uses and regulations for the zone district in which the nonconforming use or structure is located, and the non-conforming use shall not be resumed. Except that, the provisions of this Subsection F.2. shall not apply to non-conforming residential structures and incidental and accessory structures and useslocated in the Central Commercial Zone District and the Resource Conservation and Open Space Zone District. Such non-conforming residential structures and incidental and accessory structures and uses may be fully restored and resumed even though the damage to the nonconforming residential structure and incidental and accessory structures exceeds sixty percent (60%) or more of the square footage of the non-conforming residential structure and/or incidental and accessory structures. Subject to the provisions of this Subsection F.2. the restoration of any non-conforming residential structure and incidental and accessory structures and uses in the Central Commercial Zone District and the Resource Conservation and Open Space Zone District must comply with all applicable provisions of this Code and all applicable City requirements including, without limitation, setbacks, lot coverage, and parking requirements existing on the date of issuance of the building permit for the restoration of the non-conforming residential structure and incidental and accessory structures and uses. This exception to the provisions of Subsection F.2. may be exercised only by the person or entity owning the non-conforming residential structure and incidental and accessory structures on the date of destruction of the non-conforming residential structure and incidental and accessory structures.

G.

Elimination of Non-Conforming Uses and Structures.

1.

The following non-conforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five (5) years after the effective date of this ordinance:

a.

A non-conforming use which does not occupy a structure.

b.

A non-conforming use occupying a structure having an assessed valuation of less than two hundred dollars ($200.00).

c.

A non-conforming outdoor advertising structure.

d.

Abandoned or dilapidated signs in accordance with the provisions of Section 17.56.040 D.11.

2.

A non-conforming home occupation shall be discontinued within one year of the adoption of the ordinance codified in this section.

3.

Uses permitted only within a RA, R or RM district which are located in a C or I district, and uses permitted only within a C or I district which are located within a RA, R or RM district shall be completely removed or altered and converted to a conforming status upon abandonment of the previous use for six (6) months or more. When a non-conforming use is removed, every future use shall be in conformity with the provisions of this title. Repairs necessary to maintain a non-conforming use and other maintenance (excluding signs), not exceeding an assessed valuation of two thousand five hundred dollars ($2,500.00) shall not be construed as lengthening the useful life of the non-conforming use.

4.

Fences, walls and hedges which do not conform to the provisions of this ordinance governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification by the community development department, be removed or made to conform.

H.

Time When a Use, Structure or Sign Becomes Non-Conforming. Whenever a use or structure becomes non-conforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of Section 17.60.080 I. In respect thereto.

I.

Records and Notification of Non-Conforming Status.

1.

Within one hundred eighty (180) days after the effective date of the ordinance codified in this section, and amendments thereto, the planning department shall compile a list of all structures or uses which shall have become non-conforming by the adoption of the ordinance codified in this section under the provisions of Section 17.60.080 H., together with a description of their locations and the names and addresses of all

persons whose names appear on the latest adopted tax roll of San Joaquin County as owning such nonconforming structures, uses or signs, which list shall be recorded in the office of the San Joaquin County Recorder with copies placed on file with each title company operating within San Joaquin County.

2.

Within one year after the effective date of the ordinance codified in this section, the planning department shall notify, in writing, the owners of all non-conforming structures, uses, signs and fences, walls and hedges, of the non-conforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this ordinance. An excerpt of the ordinance codified in this section will be attached to said notice which excerpt shall include all of the provisions of Section 17.60.080 of this chapter.

J.

Effect of Eminent Domain. If any land, right-of-way or easement be taken by eminent domain, or be granted to the condemnor under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:

1.

If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of Section 17.08.030 G., and any existing building or structure thereon shall be deemed to be non-conforming.

2.

If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming, provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.

3.

If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 17.84 shall not be construed to require the replacement of the required parking space.

K.

Change of Non-Conforming Use. Except as otherwise set forth in this section, the nonconforming use of a structure or site may be changed to another nonconforming use provided the change of use is approved by the planning commission in accordance with the following procedure:

1.

An application for a change of use shall be made to the commission on a form prescribed by the commission, which form shall include the following data:

a.

The name and address of the applicant;

b.

A statement that the applicant is the owner of the property or is the authorized agent of the owner;

c.

The address or description of the property; and

d.

A statement of the precise nature of the existing or pre-existing nonconforming use, the proposed nonconforming use, and any other data pertinent to the findings prerequisite to the granting of the application as set forth in Subsection 4 of this Subsection, below.

The application shall be filed with the planning department. Notice shall be given to the applicant of the time when the application will be considered by the council, and notice may be given of the time to any other interested party.

2.

The commission shall hold a public hearing on an application for a change of use. Notice of the hearing shall be given not less than ten (10) days nor more than thirty (30) days, prior to the date of the hearing in the manner set forth in Chapter 17.68 of this code.

3.

The planning director shall make an investigation of the application and shall prepare a written report thereon, which report shall be submitted to the commission. The commission shall consider the report of the director before taking action on the application.

4.

The commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:

a.

That the proposed use is classified in a more restricted category than the existing or pre-existing use by the district regulations of this title. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted; provided, however, a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district;

b.

That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or pre-existing use;

c.

That the proposed use will not create more vehicular or rail traffic than the volumes created by the existing or pre-existing use;

d.

That the proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount created by the existing or pre-existing

use; and

e.

That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

5.

The planning commission may grant an application for a change of use for a limited time period, or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.

6.

An action of the commission granting an application for a change of use shall become null and void six (6) months following the date of the action unless, prior to the expiration of six (6) months, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the commission may be made effective for an additional six (6) months if, within six (6) months of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.

7.

An action of the commission granting an application for a change of use subject to conditions shall be revoked by the commission for lack of compliance with any of the conditions.

8.

Following the date of denial of an application for a change of use or the revocation of an action of the commission granting an application, no application for the same, or substantially the same, structure or on the same, or substantially the same, site shall be filed within six (6) months of the denial of the application or the revocation of the action of the commission.

L.

Use of Non-Conforming Sites. Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.

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

(Ord. No. 2015-02, § 1, 4-15-2015)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

In event of need for any clarification or interpretation of the provisions of this title, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings and transmit the resolution to the city council. If approved by the council, said clarifications or interpretation shall govern until modified by resolution adopted in like manner or by appropriate amendment to this title.

B.

The authority of the planning commission and city council prescribed by this section shall apply in all of the following cases:

1.

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, subject to the requirements of Section 17.60.010;

2.

If ambiguity exists with reference to matters of height, yard area, and other requirements;

3.

If uncertainty exists with reference to a zone district boundary;

4.

If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this ordinance.

5.

If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this title.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.60.100 - Height limitations—Measurement and exceptions.

A.

The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.

B.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures, may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The sale of personal possessions, whether within or outside of a dwelling within an RA, R, RM or PO zoning district shall be limited to no more than two (2) such sales per year. Commonly referred to as yard sales or garage sales, such sales shall be conducted for periods no longer than three (3) days, and un-sold possessions shall be removed from public view and stored within the premises. Materials to be sold shall be personal possessions. No materials shall be offered for sale which have been acquired solely for the purposes of the "yard sale" or "garage sale". Possessions offered for sale shall be neatly displayed. The driveway, yard, or other space used for purposes of the sale shall be restored to its normal residential character at the conclusion of the sale.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.64 - USES PERMITTED BY ADMINISTRATIVE APPROVAL

The purpose of requiring administrative approval of certain enumerated uses is to determine whether or not, in any particular case, a use listed under a section of district regulations entitled "Permitted Uses: Administrative Approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. This chapter sets forth the procedure for approval of such use by an administrative act where findings can be made that such use is in conformance with the intent and provisions of the district regulations and other applicable regulations of the ordinance codified in this title. The provisions of this chapter take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the permitted use or conditional uses—commission approval sections of the various districts provided in the ordinance codified in this title.

Except as provided in Sections 17.64.050 and 17.64.070 of this chapter, the provisions of Sections 17.64.010 through 17.64.060 shall apply to all uses listed as permitted uses, subject to administrative approval.

As a matter of policy, any use listed as subject to administrative approval shall be considered as if it were a permitted use in the district where listed unless otherwise found to require modifications under the review procedures provided in this chapter.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

An application for administrative approval shall be submitted to the planning department on a form prescribed by the department. The application shall include a statement of the use proposed and a site plan prepared in accordance with Chapter 17.68.

B.

The planning director shall review the proposed use to ascertain all facts pertinent thereto, and in writing, shall state either approval or approval with conditions of the proposed use, together with his/her findings and reasons for such decision within fifteen (15) working days of the filing of the application.

C.

In approving the use, the director shall impose such conditions and requirements as may be applicable as listed under Sections 17.68.080 and 17.72.060.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The director may grant an application for administrative approval as the permit was applied for or in modified form, if, on the basis of the application and evidence submitted, the director is able to make the findings prescribed under Section 17.68.070, plus the following additional findings:

A.

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

B.

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

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

(Ord. No. 2024-07, § 1, 12-18-2024)

One copy of the written decision of the director shall be signed and dated by the director and mailed to the applicant.

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

17.64.050 - Appeals.

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

In the event the applicant is not satisfied with any condition or conditions of approval imposed by the director, the applicant may submit an application to the planning commission for a conditional use permit in the manner prescribed in Chapter 17.68. In submitting an application for a conditional use permit, only that information and data required under Chapter 17.68 need be submitted which is required in addition to that previously submitted as part of the application for administrative approval.

B.

Except as provided in Subsection C, of this section, in the event the application for administrative approval is disapproved by the director, the application, upon written appeal from the applicant within ten (10) days following the notice of the decision date pursuant to the provisions in Section 17.64.040 this chapter, shall automatically become an application for conditional use permit and shall be processed in the manner prescribed in Chapter 17.68. The applicant shall submit such additional information and data required by the provisions of Chapter 17.68 as not previously submitted with his/her application for administrative approval, within five (5) days following the filing of an appeal.

C.

Appeals filed in the event of director disapproval of an application for a mobilehome on a permanent foundation shall be processed as provided under Subsections D., E., and F. of this subsection.

D.

Within ten (10) days following the date of a decision by the director, the decision may be appealed in writing to the planning commission by the applicant or any interested party. An appeal shall be filed with the planning department, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the director, or wherein the decision is not supported by the evidence in the record.

E.

The director shall give notice in writing to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the commission.

F.

The commission shall hear the appeal at its next regular meeting to be held not less than fourteen (14) days after the filing of the appeal. The commission may affirm, modify or reverse a decision of the director, provided that if the decision is modified or reversed, the commission shall, on the basis of the record and such additional evidence as may be submitted, make the determination required under Section 17.68.070 of this title.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for noncompliance by the building official. Within thirty (30) days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions as approved.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Application. The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths, sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in Subsection B. of this section.

B.

Procedure.

1.

The routes of proposed gas or electric transmission lines shall be submitted to the planning department for review and recommendations. The department shall confine its review to the route, placement and height of such towers or lines and the effect on land use. Power transmission lines shall be those lines which are intended to transmit gas or electric energy from the source of such energy to a receiving substation, or from a receiving substation to a distribution substation.

Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the director for review and recommendations:

a.

The location of the proposed route.

b.

Type of towers and transmission lines.

c.

Approximate height of towers or size of lines.

d.

Widths of rights-of-ways.

e.

Other pertinent data.

3.

The director may, when in the public interest, recommend such modifications as deemed necessary to protect the health, safety and welfare.

4.

The director shall complete the review and make findings within sixty (60) days after the filing of said plans and data.

C.

Appeals. The recommendations of the director may be appealed to the planning commission within ten (10) days of the completion of the review and findings. The appeal shall be placed on the agenda of the commission's next regular meeting. The commission shall review the findings and recommendations and shall act to uphold, modify or disapprove the recommendations of the director.

D.

Effect of Regulations. These regulations are intended to provide constructive advice by the city to a public utility engaged in the routing of electrical or gas transmission lines through the city, thereby assisting in the selection of those transmission line routes which will best meet the needs of the public health, safety and general welfare.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.68 - PERMITS FOR CONDITIONAL USE[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.68, §§ 17.68.010— 17.68.180, and enacted a new Ch. 17.68 as set out herein. The former Ch. 17.68 pertained to permits for conditional use and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.

In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the zoning ordinance and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this title additional flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this ordinance, in accordance with the procedure prescribed in this chapter.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Application for a use permit shall be made to the planning department, which shall include the following data:

A.

Name and address of applicant.

B.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

C.

Address or description of the property.

D.

Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right, together with any other data pertinent to the findings prerequisite to the granting of a use permit.

E.

Preliminary floor plans and front, side and rear elevations of proposed structures, if available.

F.

Prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the information prescribed by the planning director. Such information may include, but shall not be limited to, the following:

1.

Lot or site dimensions.

2.

All buildings and structures: location, size, height, proposed use.

3.

Yards and space between buildings.

4.

Walls and fences: location, height and materials.

5.

Off-street parking and off-street loading location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

6.

Access: pedestrian, vehicular, service; points of ingress and egress; internal circulation.

7.

Signs: location, size height and type of illumination, including hooding devices.

8.

Lighting: location and general nature; hooding devices.

9.

Street dedications and improvements.

Landscaping: location and type.

11.

Refuse containers: location and type.

12.

North arrow and scale of the drawing.

13.

Such other data as may be required by the planning commission to make the required findings.

G.

The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this chapter.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.040 - Public hearing—Notice.

The planning commission shall give notice and hold a public hearing on each application for a conditional use permit.

Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.050 - Public hearing—Procedure.

At the public hearing, the commission shall review the application and the statement and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.68.070 of this chapter.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director shall give written notice to the applicant of the time when the application will be considered by the commission.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.070 - Action by the planning commission.

The planning commission shall act on the application within thirty (30) days following the closing of the public hearing. The commission may grant an application for a conditional use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

A.

That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.

B.

That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance codified in this title and the purposes of the district in which the site is located.

C.

That the proposed use will comply with each of the applicable provisions of this title.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this ordinance for which variance procedures are prescribed by Chapter 17.84.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

In approving a conditional use permit, the planning commission shall state those conditions of approval necessary to protect the public health, safety and general welfare. Such conditions may cover any of the considerations listed in Section 17.72.040 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The decision of the planning commission on a conditional use permit shall be subject to the appeal provisions of Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with Section 17.68.120, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of one year or for a lesser or greater period as prescribed in Section 17.68.120, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the planning department. The planning commission may grant or deny an application for renewal of a use permit.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission, or city council if appealed, may establish a lesser or greater time limit than that provided by Section 17.68.110, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the commission or council shall be reasonable,

based on the size, nature and complexity of the proposed development. Said time limit may be extended by the commission or council for good cause, such as proof of an unusual hardship not of the applicant's own making.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A conforming conditional use established prior to enactment of this ordinance shall be permitted to continue. A conditional use permit granted under the provisions of the Fresno County Zoning Code and amendments thereto prior to the enactment of this ordinance shall, upon the annexation of the property affected to the city, become null and void at the end of six (6) months following the date of its original approval or extension thereof granted by the county prior to the annexation, unless a building permit has been issued by the county and construction has commenced. Alteration or expansion of a conditional use established prior to enactment of this ordinance may be permitted upon the granting of a use permit. Accessory structures may be permitted under the provisions of Chapter 17.64 of this title.

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance codified in this title if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of sixty (60) percent or more. The extent of damage or partial destruction shall be determined by the building official on the basis prescribed in Section 17.60.080 F. of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically.

Notice of such suspension shall be sent immediately to the person or persons responsible for noncompliance by the planning department. Within thirty (30) days of the suspension, the planning commission shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the planning commission may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.150 - Reserved.

17.68.160 - New application.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months from the date of denial or revocation of the use permit, except when the city council has acted to deny without prejudice.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.170 - Use permit to run with the land.

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.68.180 - Minor revisions to a previously approved conditional use permit.

A use permit granted under the provisions of this chapter or a conforming conditional use established prior to the enactment of the ordinance codified in this title may be revised as to features of the site plan previously approved, provided that such revisions are minor, as determined by the planning commission. Application for minor revisions to the site plan shall be made in writing, including three (3) copies of the revised site plan, to the commission. The commission may approve such revisions without public hearing, provided that the commission can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.72 - SITE PLAN REVIEW[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.72, §§ 17.72.010— 17.72.140, and enacted a new Ch. 17.72 as set out herein. The former Ch. 17.72 pertained to site plan reviews and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.

17.72.010 - Purposes and application.

A.

The purposes of the site plan review process are to assure that developments are reviewed and found in conformity with the intent and purpose of this chapter and other applicable city codes, standards and design guidelines, and to guide the building department and planning department in the issuance of building permits. More specifically, site plan review is provided to ensure the following:

1.

That structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to their sites and to surrounding sites and structures;

2.

To prevent excessive grading of the land and creation of drainage hazards;

3.

To prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value;

4.

To avoid unsightly, inharmonious, monotonous and hazardous site development, and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The site plan review process is intended to provide for expeditious review of environmental impact assessments required by official policy of the city and laws of the state of California.

B.

Site plan review provisions of this chapter shall apply to the following uses:

1.

Any new or expanded use within all zone districts, excepting single-family residential uses which are to be constructed on a site with complete street improvements.

2.

Any use subject to an environmental impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended or as otherwise required by the California Environmental Quality Act of 1970, as amended or as otherwise required by applicable law.

C.

Site plan review is required to be completed prior to the submittal of any future applications for entitlements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

The site plan review committee shall be comprised of staff representatives of the fire, engineering, planning, building, solid waste, police, community services and public works departments. In addition, the planning department may request input from any other city department or public agency such as the school district and Selma-Kingsburg-Fowler County Sanitation District.

B.

Powers and Duties. The site plan review committee shall review and approve, conditionally approve or deny a site plan review application in accordance with city codes and ordinances. If additional permits or entitlements are required, the site plan review committee determinations will be forwarded to the appropriate decision making body.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The applicant shall submit an application to the planning department on a form prescribed by the planning department. The application shall be submitted with twelve (12) full size copies of a site plan, drawn to scale, and one copy reduced to dimensions of 8-1/2" x 11" or 11" x 17", which shall indicate clearly and with full dimensions the information prescribed by the planning department. Such information may include, but shall not be limited to, the following:

A.

Lot or site dimensions;

B.

All buildings and structures: location, size, height, proposed use;

C.

Yards and space between buildings;

D.

Walls and fences: location, height and materials;

E.

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

F.

Access: pedestrian, vehicular, service, points of ingress and egress, internal circulation;

G.

Signs: location, size, height and type of illumination, if any, including hooding devices.

H.

Lighting location and general nature, hooding devices.

I.

Names of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all types of improvements existing or proposed.

J.

A preliminary or conceptual landscape plan must be submitted for site plan review. A final landscape plan must be submitted prior to issuance of building permits. The final landscape plan shall include the species, quantity, size, location and irrigation system.

K.

Refuse enclosures: location, type and material.

L.

Existing utilities to the site.

M.

Any phasing of the project shall be included in part of the application.

N.

Projects located within Level 1 or Level 2 as defined in Subsection 17.80.010B shall be required to submit elevations in compliance with Chapter 17.80 of this title.

O.

North arrow, scale of drawing and name, address and phone number of the person who prepared the site plan.

P.

Such other data pertaining to site development as may be required by the planning department to make the required findings.

(Ord. - No. 2012-02, § 2(exh. A), 3-7-2012; , § 1, 12-18-2024)

17.72.040 - Conditions of approval.

A.

Within fifteen (15) city working days after submission of the site plan, the site plan review committee shall review the site plan. The committee shall approve, conditionally approve, or disapprove the site plan. Any approved site plan shall satisfy all the following conditions:

1.

That all applicable provisions of this code are complied with;

2.

That the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected with no adverse effect on surrounding property and the site plan conforms with city standards, specifications and policies:

a.

Special yards, spaces and buffers.

b.

Fences and walls.

c.

Surfacing of parking areas and provisions for surface water drainage subject to city specifications.

d.

Requiring street dedications and improvements, subject to the provisions of Section 17.72.060, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees, when applicable. A traffic study may be required if impacts to roads are anticipated.

e.

Regulation of points of vehicular ingress and egress.

f.

Regulation of signs, in accordance with the standards prescribed under Chapter 17.56 of this title.

g.

Requiring maintenance of the grounds and the undergrounding of utilities.

h.

Requiring landscaping and refuse enclosures and maintenance thereof.

i.

Regulation of noise, vibration, odors and other similar characteristics.

j

Measures necessary to eliminate or to effect mitigation to acceptable levels of environmental impact.

k.

Regulation of time for certain activities to be conducted on the site.

l.

Regulation of the time period within which the proposed use shall be developed.

m.

A bond, deposit of money, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time to assure conformance with the intent and purposes set forth in this title.

n.

Such other requirements which reasonably may be required to ensure compliance with city codes and policies.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

To approve a site plan, the site plan review committee must make all of the following findings:

A.

That the site plan complies with all applicable provisions of this code and all applicable city standards and specifications.

B.

The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:

1.

Facilities and improvements.

2.

Vehicular ingress, egress, internal circulation and off-street parking and loading.

Setbacks.

4.

Height of buildings.

5.

Location of services.

6.

Walls and fences.

7.

Landscaping, including screen planting and street trees.

8.

Drainage of site.

9.

Refuse enclosures.

C.

Proposed lighting is so arranged as to deflect the light away from adjoining properties.

D.

Proposed signs will comply with all of the applicable provisions of Chapter 17.56 of this title.

E.

That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.

F.

The site plan conforms with all other applicable laws, rules and regulations relating to traffic safety, street dedications and street improvements, environmental quality, and zoning, fire, police, building and health and safety codes.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by projects requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

A.

Development Bordering or Traversed by an Existing Street. If the development borders or is traversed by an existing street, the applicant may be required to:

1.

Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half (½) the ultimate width established by the city as the standard for such minor or collector street, or the full extent required for a frontage road.

2.

Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the city as the standard for such minor or collector street.

3.

Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the city for the arterial street.

4.

Set back all facilities the required distance from ultimate property lines along an arterial street as shown on any master, official or precise plan of streets and highways, or by the city's general plan.

5.

Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or arterial street.

6.

Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

7.

Grade and improve bordering minor or collector streets from curb to the center line of the ultimate right-ofway.

8.

Grade and improve traversing minor or collector streets from curb to curb.

9.

Grade and improve the parking lane and one traffic lane adjacent to the development, or the full half width along a bordering arterial street.

Grade and improve both parking lanes and the two (2) outside traffic lanes, or the full width of, a traversing arterial street.

11.

The extent of improvements required for arterial street improvements will be based on the extent of traffic generated by the proposed project, with reimbursement by agreement with the city to be provided where the extent of improvement is greater than that generated by the proposed project.

B.

Except as provided in Sections 17.72.060C and D, all new roads shall be dedicated and improved in accordance with the requirements of Section 17.72.060A.

C.

Where a frontage road is provided and improved along an arterial street in accordance with city standards, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of Sections 17.72.060A.5 and 10, pertaining to arterial streets may be waived.

D.

Where total access to or from a bordering or traversing arterial street is prohibited as a condition of approval, or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of Sections 17.72.060A.5 and 10, pertaining to arterial streets, may be waived.

E.

All improvements shall be to city standards existing at the time the improvements are constructed and installed and shall be installed at the time of construction of the proposed development. Where it is determined by the city that it is impractical to construct and install any or all improvements at the time of construction of the proposed development, an agreement to construct and install such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the construction and installation of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the city, or a letter of credit or performance and labor and materials bonds posted with the city, in an amount equal to one hundred fifty percent (150%) of the estimated cost of improvements, as estimated by the city engineer, to guarantee the construction and installation of such improvements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.72.070 - Appeal to the planning commission.

A.

Within ten (10) calendar days after the date of decision on a site plan application by the site plan review committee, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the site plan review committee or other reasons for the appeal.

B.

The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove the site plan, based on the findings set forth in Section 17.72.050. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building, structure or sign proposed as part of an approved site plan, the building official shall determine the proposed building location, facilities and improvements are in conformity with the approved site plan and any applicable environmental mitigation monitoring agreement. Before a building may be occupied or a sign erected, the building official shall certify to the planning department that such improvements have been made in conformity with the approved site plan, the project plans and all applicable provisions of this code, all applicable city standards and specification and all other applicable fire, building and health and safety codes, rules and regulations.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.72.090 - Expiration of site plan approval.

A.

A site plan approval shall automatically expire and be of no further force or effect one year following after the date of approval by the site plan review committee, or if appealed, the approval by planning commission or city council, unless, prior to the expiration of one year, a building permit is issued by the city and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan.

B.

Site plan approval may be extended only once for an additional period of up to one year upon written application to the planning commission before expiration of the initial one year approval.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Upon violation of any of the applicable provisions of this chapter or the violation or failure to complete or satisfy any of the provisions of an approved site plan, including, without limitation, compliance or satisfaction of any site plan conditions of approval, a site plan approval shall be automatically suspended. Notice of such suspension shall be sent to the person responsible for non-compliance by the building official. Within thirty (30) days after the suspension, the planning commission shall consider the suspension. If the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the site plan approval or take such other action as may be necessary to ensure compliance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A site plan approved pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A site plan granted under the provisions of this chapter may be revised as to features of the site plan previously approved, provided that such revisions are minor as determined by the planning director. Application for minor revisions shall be made in the same manner as prescribed by Section 17.72.030 of this code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.72.130 - Multi-family development policies and standards.

All residential development, other than single-family detached housing on individual lots, on land designated by the general plan for medium density or high density shall be developed in accordance with the following standards:

A.

Multi-family residential projects involving ten (10) or more dwelling units shall be reviewed under planned unit development (PUD) provisions of this code.

B.

The extent and rate at which multi-family development is allowed to occur during a given year shall be governed, in part, by realistic demands in the housing market as established by competent housing market analysis to be submitted by the applicant. Unsubstantiated market analysis shall be grounds for project disapproval by the city, even though multi-family use is designated for the property being considered by the general plan. The extent and rate of multi-family development shall also be governed by the policies and criteria for growth management as contained in the city's general plan and this code.

C.

For projects intended to meet the housing needs of low and moderate income, market potential which depends solely on meeting the needs of households which reside in other cities or parts of Fresno or Tulare Counties, and which exceeds the city's regional "fair-share" housing commitment under the housing element of the general plan may be grounds for project disapproval by the city.

D.

Multi-family projects involving twenty (20) or more dwelling units shall include a minimum of twenty percent (20%) of net site area developed as landscaped open space, including front, side and rear yard areas

required by this title. A minimum of ten percent (10%) net site area, excluding required yard areas, shall be developed for the common recreation use of tenants, and shall include the following:

1.

One tot lot having a minimum area of four hundred (400) square feet for preschool children for each increment of fifty (50) dwelling units or less, excluding studio and one bedroom units and units intended solely for the elderly. Such tot lots shall contain a confined sand base, safe play equipment and security fencing where appropriate, as determined by the city.

2.

An area or areas aggregating at least five thousand (5,000) square feet for passive recreation (e.g., lounging, sun bathing, barbecue, reading, conversation), and including areas to be shaded by trees and/or structures.

E.

Multi-family projects involving less than twenty (20) dwelling units shall include a minimum of ten percent (10%) of net site area developed as landscaped open space, excluding required yard areas, for the recreation use of tenants.

F.

For multi-family projects where the applicant requests a partial waiver of recreation impact fees required by city ordinance, all of the following areas and facilities shall be provided on a minimum of one acre of aggregate site area:

1.

Recreational open space for either passive or active recreational use, including at least one-half (½) acre of lawn area that is irrigated by an automatic system.

2.

Court areas involving any combination of area for tennis, badminton, volleyball, shuffleboard or similar hard-surfaced court game areas.

3.

Recreational swimming areas devoted primarily to swimming and wading, including lap pools and training pools, and further including adjacent area in lawn, decks, cabanas or similar pool-side facilities, at a standard of eight hundred (800) square feet of water surface area per pool and one thousand six hundred (1,600) square feet of land area for related facilities, for each forty (40) dwelling units.

G.

Where multi-story dwelling units are proposed adjacent existing or planned low density residential areas, building elevations and the locations of windows, balconies and air conditioning units above the first floor shall be reviewed by the city to assure visual compatibility and residential privacy.

H.

Notwithstanding the provisions of Subsection 17.52.020D.1 of this title, all multi-family developments shall provide off-street parking for visitors at locations reasonably central to the units to be served at a ratio of one space for each four (4) dwelling units. On-street parking spaces may be substituted for visitor parking at the ratio of one space for each eight (8) units.

I.

Excluding visitor parking, at least one-half (½) of all off-street parking spaces in multi-family developments shall be covered by a garage or carport.

J.

Site development and maintenance shall be in accordance with a comprehensive landscape development plan approved by the planning department, including automatic irrigation.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.76 - PLANNED UNIT DEVELOPMENTS

Planned unit developments (PUD's), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this title.

In certain instances, the objectives of the general plan and zoning title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the planning commission is empowered to grant use permits for planned unit developments, provided that such developments comply with the regulations prescribed in this article. The commission is also empowered to zone lands for PUD under the provisions of Chapter 17.48 of this title. The approval of a PUD that is not designated by the general plan is intended to be discretionary on the part of the city rather than an entitlement of a landowner.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A PUD may be located in any district other than a R-1-7X district upon the granting of a use permit in accordance with the provisions of this article, or by applying the PUD combining district in accordance with the provisions of Chapter 17.48 of this title.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:

A.

Any combination of uses permitted in any RA, R, RM or PO district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in a RA, R or RM district.

B.

Any combination of uses permitted within any PO, C, or IL district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in a PO or C district.

C.

Any combination of uses permitted in any CS, CH, IL or IH district as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in a IL or IH district.

D.

Within the redevelopment project area and redevelopment corridor depicted for mixed use by the general plan, any use permitted within any zoning district except single-family residential and schools.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The minimum site area for a PUD shall be five (5) acres, provided however that a smaller parcel may be permitted if the proposal meets the purposes described in Section 17.76.010, as determined by the planning director.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, offstreet parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the PUD is located if the applicant has demonstrated by the design proposal that the objectives of the zoning title and the objectives of this chapter will be achieved. Since planned unit development may also involve the subdivision process, the

applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve desired goals.

B.

In any R-1-7X zoning district, the average population density and number of dwelling units per net acre may be increased only if the PUD application meets the requirements of Section 65915 of the California Government Code pertaining to housing development for very low, low or moderate income households.

C.

In any R or RM zoning district, the average housing density per net acre may exceed by not more than twenty-five percent (25%) the maximum population and housing density prescribed by the general plan or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate that the proposal qualifies under applicable provisions of Section 65915 of the California Government Code pertaining to the granting of density bonuses and other incentives for housing development intended for very low-, low- or moderate-income households.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

No use shall be permitted and no process, equipment or materials shall be employed which is found by the planning commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic, or to involve any hazard of fire or explosion.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The regulations prescribed in Sections 17.68.020 though 17.68.170 shall control the procedure for making application for and processing of a planned unit development, subject to the following procedures:

A.

In lieu of the drawing of the site prescribed in Section 17.68.030 G., the application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for the following: draining of surface waters, water courses, public utility rights-of-way, streets, driveways and pedestrian walks, off-street parking and loading facilities, reservations and dedications for public uses, private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.

B.

In addition to the data and drawings prescribed in Section 17.68.030 and subsection A. of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density and number of housing units per net acre in the area or areas proposed to be devoted to residential use.

C.

When a PUD involves proposals which necessitate the filing of a tentative parcel map or subdivision map, and/or which would also necessitate the granting of exceptions of the regulations of Title 16, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections A. and B. of this section may be waived temporarily, provided the applicant submits the following:

1.

In lieu of the drawing of the site prescribed in subsection A. of this section, the application shall be accompanied by a schematic drawing drawn to a minimum scale of one inch equals one hundred feet (1" = 100'), showing the general relationships contemplated among all public and private uses and existing and proposed physical features. An alternate scale may be approved by the planning director for projects of large scale.

2.

A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, non-residential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per net acre contemplated by the applicant.

Upon approval of a tentative subdivision map, in accordance with the procedures prescribed by Title 16, the applicant shall submit a development plan in accordance with the requirements of subsections A. and B. of this section before the commission may grant a final approval of the proposal.

D.

The planning director shall give written notice to the applicant of the time when the application will be considered by the planning commission.

E.

The commission may grant a use permit for a PUD as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:

1.

That the proposed location of the PUD is in accordance with the objectives of the zoning title.

2.

That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.

3.

That the proposed PUD will comply with each of the applicable provisions of this section.

4.

That the standards of housing density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and off-street loading facilities, landscaped areas and street design will produce an environment of stable and desirable character consistent with the objectives of the zoning ordinance, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5.

That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

6.

That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 17.72.080 of this title.

F.

The planning commission may deny an application for a use permit for a planned unit development.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

At the first regular meeting of the city council held more than ten (10) days after a decision on a PUD application by the planning commission, the council shall review the decision. The council may affirm, reverse or modify the decision of the planning commission, provided that if a decision denying the use permit is reversed or a decision granting the use permit is modified, the council shall, based on the record transmitted by the planning commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a PUD as prescribed in Subsection 17.76.070.E. of this chapter. A PUD permit shall become effective immediately after it is granted by resolution of the city council.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.80 - ARCHITECTURAL DESIGN REVIEW[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.80, §§ 17.80.010— 17.80.040, and enacted a new Ch. 17.80 as set out herein. The former Ch. 17.80 pertained to architectural design review and derived from Ord. No. 2010-01, § 1, 7-7-2010.

A.

The purpose of the architectural design review process is to avoid the unsightly, inharmonious and monotonous appearance of structures and signs by the review of the design, materials, textures, colors and other elements of construction which affect the exterior appearance of structures; to encourage originality in building design and construction in a manner which will enhance the physical appearance and attractiveness of the community; to preserve the investments in properties which exhibit tasteful consideration of the external physical appearance of the site and structures thereon and to encourage and

enhance the desirability of private investment within the surrounding area. The architectural design review process is also intended to foster the Swedish architectural theme called for by policies of the city general plan.

B.

The provisions of this chapter shall apply to any permitted or conditional use identified in Title 17 of this code other than single-family dwellings or multiple-family dwellings consisting of no more than two (2) units. There shall be no exceptions to the application of this chapter except as granted for historic structures designated by resolution of the city council. Application of the Swedish architectural design review guidelines identified in Section 17.80.020 of this chapter will apply at different levels of intensity depending on the location of the proposed project:

1.

Level 1 intensity shall apply to the downtown triangle bounded by the State Route Freeway 99, 18th Avenue and Sierra Street, with parcels on the north side of Sierra Street within the downtown triangle also included. Level 1 intensity shall also apply to shopping centers, strip malls and parcels adjacent to Sierra Street west of State Route Freeway 99 to Rafer Johnson Drive; on the north side of Sierra Street west from Rafer Johnson Drive to the city limit line; and adjacent to the west side of State Route Freeway 99 north of Sierra Street to the city limit line.

2.

Level 2 intensity shall apply to that portion of the city within the triangle area bounded by Sierra Street, State Route Freeway 99 and Bethel Avenue; between State Route Freeway 99 and Simpson Street north of Sierra Street to the city limit line; and along Draper Street west of State Route Freeway 99.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The city council is empowered to adopt by resolution Swedish Village Design Standards and Guidelines, which contains specific criteria and guidelines for review of applications for new construction and exterior remodels within the Level 1 and Level 2 areas described in Section 17.80.010 and in accordance with Section 17.80.030. The city council may amend these standards from time to time, by resolution.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

As part of the site plan review process, any project located within a Level 1 or Level 2 area as described in Section 17.80.010, shall be reviewed for compliance with the Swedish Village Design Standards and Guidelines as follows:

Level 1. All new construction and exterior remodeling shall conform to the Swedish Village Design Standards and Guidelines as adopted by the city council.

Level 2.

A.

The project applicant shall make a good faith effort to conform new construction and exterior remodeling to the traditional and historic theme of the Swedish Village Design Standards and Guidelines with emphasis on the use of wood or wood in combination with brick, stone or stucco masonry, in the design of exterior walls.

B.

Taking into consideration the type and size of the project, the project applicant shall make good faith efforts to incorporate as many Level 1 intensity elements as possible, including, without limitation, flower boxes, planers, awnings, mullion windows, use of brick or stone, and emulation of half-timbering, and/or such additional decorative features as window shutters, Dala horses, banners, Swedish and American flags, and other items with a Swedish theme.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Projects subject to architectural review are required to submit an application to the planning department. Applications should be submitted concurrent with site plan review applications, if applicable.

Included in the project application package submitted to the planning department shall be architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion of construction. All exterior surfacing materials and colors shall be specified. Scale drawings of all signs shall be submitted showing size, location, material, colors and illumination (if any).

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

The planning department shall review all project application drawings subject to review within fifteen (15) days after the project application is deemed complete by the city.

B.

The planning department shall determine whether the project complies with the Swedish Village Design Standards and Guidelines and either approve, approve with conditions ensuring compliance, or deny the architectural review.

C.

For projects requiring subsequent approvals by the planning commission and/or city council, the planning department determination shall be included in the reports to the planning commission or city council.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.80.060 - Appeals to planning commission.

A.

Within ten (10) calendar days after the date of decision on an architectural review application by the planning department, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the planning department or other reasons for the appeal.

B.

The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove a project based on the findings set forth in Section 17.72.050 of this title. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.84 - VARIANCES[[7]]

Footnotes:

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Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.84, §§ 17.84.010— 17.84.120, and enacted a new Ch. 17.84 as set out herein. The former Ch. 17.84 pertained to variances and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.

17.84.010 - Purposes.

The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning title is provided by the conditional use, planned unit development and amendment provisions of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission may grant variances to the regulations prescribed by this title only with respect to size, shape, topography, location or surroundings, and including fences and walls, site areas, coverage, yards, height of and distances between structures, off-street parking facilities and off-street loading facilities.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Application for a variance shall be made to the planning department on a form prescribed by the department which shall include the following data:

1.

Name and address of applicant.

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.

3.

Address or description of property.

4.

Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 17.84.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 17.84.060.

B.

The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

C.

The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.

D.

The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission shall give notice and hold a public hearing on each application for a variance.

Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

At a public hearing, the commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.84.060.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.84.060 - Action of the planning commission.

A.

The commission shall act on the application within thirty (30) days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:

1.

That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

2.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district. The commission may

grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:

3.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

4.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

5.

That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.

B.

Notwithstanding the provisions of subsection A. of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:

1.

The variance will be an incentive to, and a benefit for the non-residential development.

2.

The variance will facilitate access to the non-residential development by patrons of public transit facilities.

C.

In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A. of this section.

D.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.

E.

A variance shall become effective ten (10) calendar days following the date on which the variance was granted by the commission unless an appeal is filed with the city council. The first day being the day following the approval.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.84.070 - Appeal to city council.

The decision of the planning commission on a variance shall be subject to the appeal provisions of Section 17.04.090 of this title.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Before a building permit shall be issued for any building or structure proposed as part of the approved variance application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.84.100 - Revocation.

Upon violation of any applicable provisions of this chapter, or the violation of failure to complete or satisfy any of the provisions of an approved variance, including without limitation, compliance or satisfaction of any variance conditions of approval, a variance shall automatically be suspended. Notice of such suspension shall be sent to the person or persons responsible for non-compliance by the planning department. Within thirty (30) days after the suspension, the planning commission shall consider the suspension, if the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the variance approval or take such other action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six (6) months of the date of denial of the variance application or revocation of the variance.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.85 - MINOR DEVIATIONS

The purpose of this chapter is to provide a mechanism whereby the planning director/head building official can grant minor deviations from zone district regulations. A minor deviation may be granted up to a ten percent (10%) deviation from the zone district regulations and setback distances. Any minor deviation that exceeds the ten percent (10%) deviation stated above shall be processed as a variance consistent with the provisions in Chapter 17.84, Variances.

Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions, inconsistent with the purpose and objectives of this Title 17, result from the strict application of certain provisions of this Title 17. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other zone districts in Kingsburg.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director/head building official may grant a ten percent (10%) minor deviation from zone district regulations, including setbacks, lot dimensions, height of structures and fences, walls and hedges, lot coverage, parking standards and sign regulations.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

An application for a minor deviation shall be made to the planning department on a form prescribed by the planning department. A processing fee set by resolution of the city council shall accompany the application.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director/head building official shall prepare a report on the minor deviation application and shall make the following findings with regard to a minor deviation.

A.

There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this Title 17 deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification;

B.

That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification;

C.

That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zone district in which the property is located; and

D.

That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is located.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director or head building official shall process minor deviations as an administrative action. Following a review of a minor deviation application and the findings listed above, the planning director/head building official shall issue a written decision on the minor deviation. The written decision will either approve, approve with conditions or deny the application for minor deviation based on the findings listed above. The written decision will be signed and dated by the planning director/head building official, and mailed to the applicant. The decision of the planning director/head building official shall be final unless appealed to the planning commission within ten (10) days after the date the written decision is mailed to the applicant. The planning commission will be notified of all minor deviations granted by the planning director/head building official.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The planning director/head building official can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviation shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated.

(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.86 - ADULT ENTERTAINMENT ESTABLISHMENTS

This chapter shall be titled "Adult Entertainment Establishments."

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

17.86.020 - Purpose and intent.

A.

It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.

B.

It is the intent of this chapter that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

A.

It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly used in the provisions of this chapter in order to assist in the uniform interpretation of said provisions and to ensure uniformity in their application.

B.

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context, a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases.

Adult bookstore is an establishment that devotes more than ten percent (10%) of the total display, shelf, rack, table, stand or floor area of the premises to the display for sale, rent or display of merchandise, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, DVDs, CD-ROMs, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret is any nightclub, bar, restaurant, or other similar establishment that regularly features live performances or features films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation by patrons.

Adult drive-in theater means an open lot or part thereof, devoted primarily to the presentation of live performances, motion pictures, films, theatrical productions or other forms of visual productions, to persons in motor vehicles or on outdoor seating, where the material being presented is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult mini-motion picture theater is an establishment, with a capacity of more than five (5) but less than fifty (50) persons, where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material shown is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult model studio is any establishment open to the public where figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution that is authorized under the California Education Code to issue or confer a diploma.

models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution that is authorized under the California Education Code to issue or confer a diploma.

Adult motel is a motel or similar establishment offering public accommodations which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, DVDs, CDROMs or other photographic reproductions distinguished or characterized by an emphasis upon the depiction or description specified sexual activities or specified anatomical areas.

Adult motion picture arcade (peep show) is any place where coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are available for observation to show images and the images so shown or displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater is an establishment with a seating capacity of fifty (50) or more persons where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material is distinguished or characterized by an emphasis upon the depiction or description to specified sexual activities or specified anatomical areas.

Adult theater is any theater, concert hall, auditorium, or similar business either indoor or outdoor, which regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas.

Adult video cassette, DVD and CD-ROM sales and rental has the same meaning as "adult bookstore."

Adult video games are coin-operated or electronic game machines having visual displays and animation that depict in any manner any sort of activity characterized by emphasis upon depiction or description of specified anatomical areas or specified sexual activities. Body painting studio is an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on specified anatomical areas.

Establishing an adult entertainment business as used in this chapter, means and includes the opening or commencement of any such business as a new business; the conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any adult entertainment business.

ening or commencement of any such business as a new business; the conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any adult entertainment business.

General bookstore is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

General motion picture theater is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, DVDs, CDROMs, slides or closed circuit television pictures before an individual or assemblage of persons whether

such assemblage be of a public, restricted or private nature, except a private home provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description to specified sexual activities or specified anatomical areas but such depiction or description is only incidental to the plot or story line.

Headshop is an establishment or place where more than fifteen percent (15%) of the floor area in any room is used for the sale and display of such paraphernalia and literature commonly associated with the use of narcotics and controlled substances, including, but not limited to cocaine; and sniffing kits; glass mirrors for cutting narcotics or controlled substances; snorting spoons and tubes; strainers to sift narcotics or controlled substances; water pipes (bongs); everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans and plastic photographic film vials; roach clips (for holding marijuana cigarettes); books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying medicinal equipment prescribed by licensed medical practitioners. Legitimate or live theater is a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

tioners. Legitimate or live theater is a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

Massage parlor is an establishment and any appurtenant facilities that are primarily where massage, alcohol rub, fomentation, body scrub, body shampoo, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Outcall entertainment business means any person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish an outcall entertainer, as defined in this section, for any individual or group at a location other than a fixed business establishment identified in section 17.86.040. Outcall entertainment business includes businesses that provide outcall entertainers such as lingerie models and strippers.

Outcall entertainer includes strippers for bachelor and bachelorette parties, lingerie models, and other similar entertainers or any person who entertains while nude or whose performance is distinguished or characterized by an emphasis upon the display of specific anatomical areas or specified sexual activities.

Public park is a publicly owned area that is designated by the city as a park.

Private viewing room is an area separated from the sales display area of an establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing by customers of the establishment of video tapes, movies, DVDs, CD-ROMs, transparencies, films or projectable motion picture the content of which is distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.

Religious institution is any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

School is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code and which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

Sexual encounter establishment is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. Sexual encounter establishment shall include massage parlor and other similar establishments. Social service institution is an organization engaged in activities that promote social welfare, including philanthropic assistance to the sick or needy.

Specified anatomical areas means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in this subsection.

Transfer of ownership or control, as used in this chapter, means and includes the sale, lease or sublease of an adult entertainment business; the transfer of securities, membership or partnership interests or other type of ownership interest which constitute a controlling interest in such business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

A.

No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control of any of the following adult entertainment establishments unless such adult entertainment establishment is located more than five hundred (500) feet from another adult entertainment establishment and more than one thousand (1,000) feet from any religious institution, school, public park, social service institution, or any residentially zoned property located within the city measured from property lines:

1.

Adult bookstore;

Adult cabaret;

3.

Adult drive-in theater;

4.

Adult mini-motion picture arcade (peep show);

5.

Adult mini-motion picture theater;

6.

Adult model studio;

7.

Adult motel;

8.

Adult motion picture arcade (peep show);

9.

Adult theater;

10.

Adult video cassette and DVD sales and rentals;

11.

Adult video games;

12.

Body painting studio;

13.

Headshop;

14.

Massage parlor;

Outcall entertainment business;

16.

Sexual encounter establishment; or

17.

Any other business which involves specified sexual activities or display of specified anatomical areas.

B.

An establishment listed in subsection A. of this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with all applicable federal, state, county and city laws, ordinances, rules and regulations.

C.

All adult entertainment establishments as listed in subsection (a) of this section shall only be permitted within any Light Industrial zone district in the city provided the minimum distance requirements as set forth in subsection A. of this section are met and upon the prior issuance by the city of a conditional use permit in accordance with the provisions of chapter 17.68 of the Kingsburg Municipal Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The required minimum distance between any two (2) adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park, social service institution, or residentially zoned land shall be measured in a straight line without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park, social service institution, or residential zone.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

To further accomplish the purpose of this chapter, all adult entertainment businesses shall comply with the following:

A.

Signs. In addition to the requirements of Section 17.56.050 of Chapter 17.56 of Title 17 of the Kingsburg Municipal Code, all signs shall be subject to the following regulations:

Each adult entertainment business shall be allowed one permanent sign, the area of which shall not exceed two hundred (200) square feet;

2.

Temporary advertising signs are not permitted;

3.

Except for theater signs, changeable copy signs are not permitted; and

4.

No sign shall depict or describe any specified anatomical areas or specified sexual activities.

B.

Exterior painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the city planning department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.

C.

[Interior material.] Advertisements, displays of merchandise, signs or any other exhibit depicting adult

entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

D.

[Outdoor sound equipment.] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment are prohibited.

E.

[Alcohol consumption.] No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

Notwithstanding any other provision of the Kingsburg Municipal Code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter do not waive or modify any other provision of this Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The operation of adult entertainment establishments shall specifically prohibit the admission of persons under the age of twenty-one (21).

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, DVDs, CD-ROMs, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in section 17.86.040.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school, public park, social service institution or a residential (including office residential) zone within one thousand (1,000) feet of the adult entertainment establishment. This provision does not apply after a conditional use permit has expired, been suspended or revoked.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter shall be enforced in accordance with the applicable provisions of the Kingsburg Municipal Code.

(Ord. No. 2009-04, § 1, 3-4-09; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.88 - AMENDMENTS

As the Kingsburg general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this code may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 17.88.030, provided, however, that the city may not accept an application for an amendment which is not consistent with the general plan.

B.

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the planning commission, or by action of the city council in the form of a request to the commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 17.88.040, 17.88.080 and 17.88.110 shall be followed.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

A property owner or his/her authorized agent desiring to propose a change in the boundaries of the district in which his/her property is located, may file an application with the planning department for a change of district boundaries on a form prescribed by the department, which shall include the following information:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

3.

Address and description of the property.

B.

The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred (300) feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of San Joaquin. Assessor's maps may be used for this purpose.

C.

The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.

D.

Amendments to this title required as the result of general plan amendments initiated by the planning commission or city council shall be processed at the expense of the city.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.88.040 - Public hearing—Notice.

A.

The planning commission shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this ordinance initiated by the city council within forty-five (45) days of the date when the application was filed or the proposal was initiated.

B.

Notice of a public hearing shall be given not less than ten (10) days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, which notice shall contain the date, time and place of the public hearing, the identity of the hearing body (planning commission or city council), a general explanation of the matter being considered, and a general description either in text or by diagram of the location of the real property, if any, which is the subject of the hearing.

C.

Notice of a public hearing for an amendment pertaining to real property shall be given not less than ten (10) days prior to the date of the hearing in all of the following ways:

1.

Publication as specified under Subsection B. of this section.

2.

First class mailing, postage prepaid, at least ten (10) days prior to the hearing, a notice of the time and place of the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

3.

First class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted under Section 17.88.030.

First class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request, therefore, with the city council. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

At the public hearing, the planning commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning title prescribed in Section 17.04.020, or why and how the proposed change is consistent with the general plan and the stated purposes and application intended for the zone classification proposed.

B.

The commission may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this code, a change in district boundaries cannot be made conditionally, except as provided in Section 17.88.100, and the owner of the property is bound only to comply with the regulations prescribed in this title.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The planning department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Within forty (40) days after the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change is required to achieve the objectives set forth in Section 17.04.020 of the zoning title, whether the change is consistent with the purposes and intended application of the zoning district affected or proposed, and that the change will be consistent with applicable provisions of the general plan. The commission shall transmit a report to the city council that the application is granted or denied, or that the proposal be adopted or rejected, including a written statement

of the reasons for the recommendation, together with one copy of the complete record developed by the commission.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Upon receipt of the resolution and report of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to change property from one district classification to another, and the planning commission has recommended against the

adoption of the amendment, the city council need not take any further action thereon unless an interested party shall request such a hearing by filing a written appeal with the city clerk within five (5) days after the planning commission files its recommendations with the city council.

B.

Notice of the hearing shall be given in the manner provided under Section 17.88.040 of this chapter.

C.

Within thirty (30) days following the close of the hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve consistency with the general plan, to achieve the objectives set forth in Section 17.04.020 of the zoning title, and the stated purposes and application intended for the zone district classification proposed.

D.

The city council may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any modification shall first be referred to the planning commission for report and recommendation, but the commission shall not be required to hold a hearing thereon. Failure of the commission to report within forty (40) days of the reference, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification.

E.

If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this title, or grant a special zoning exception as prescribed in Section 17.88.100. If the council finds that a change is not required, it shall deny the application or proposal for change.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.88.090 - Relationship to environmental impact assessment and environmental impact reporting process.

An amendment to the zoning title shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions of Section 17.72.080 of this title.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

17.88.100 - Special zoning exceptions—Alternate procedure for action of the planning commission and city council.

Whenever an application is filed with the city for a change in district boundaries, the planning commission and city council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his/her assignee) to develop or use said property in accordance with said application and the provisions of this section.

A.

Before a special zoning exception may be granted by the planning commission, the commission may require the applicant to submit additional information relative to the application in the manner required in the filing of an application for a conditional use permit under this title. In any event, the provisions of Sections 17.88.010 through 17.88.080 and Sections 17.88.110 and 17.88.120 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.

B.

The planning commission may grant a special zoning exception subject to any of the conditions prescribed in Section 17.72.040 and in accordance with the provisions of Sections 17.68.090 through 17.68.110 and Sections 17.72.030, 17.72.040 and 17.72.050 through 17.72.090 of this title.

C.

Upon being granted a special zoning exception by the city council, the applicant shall develop his/her property in accordance with approved plans and conditions imposed under the provisions of this section.

D.

Upon the development and use of property in accordance with the provision of Subsection C. of this section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time said zoning exception was granted.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six (6) months of the date of denial of the application.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.90 - DEVELOPMENT AGREEMENTS

The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations and conditions that were applicable at the time of project approval, and in a manner consistent with California Government Code 65864 et seq.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

For the purpose of this chapter, a development agreement shall mean the following: "Development agreement." A contract duly executed and legally binding between the City of Kingsburg and a developer(s) that delineates the terms and conditions agreed upon by two (2) or more parties.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

To enter into a development agreement, the city shall find that:

A.

A person has a legal and/or equitable interest in real property for the development of such property; and

B.

The development project is consistent with the Kingsburg General Plan any applicable specific plan and the applicable provisions of this code.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A development agreement shall specify, among other necessary provisions as determined by the city or required by California Government Code Section 65864, et seq., the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for pubic purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Should a person or entity wish to develop land pursuant to the provisions of a development agreement, the person or entity shall file an application for use of a development agreement with the planning department on a form prescribed by the planning department. The application shall be accompanied by a fee set by resolution of the city council. Also, the city may require the use of a development agreement for the development of any land within the city limits of the city.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning commission and city council shall each hold a public hearing on the adoption of a development agreement. The city shall give notice of intention to consider adoption o the development agreement. Notice of public hearing shall be given as provided in California Government Code Sections 65090 and 65901 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The form of the public notice to consider adoption of the development agreement shall contain the time and place of the hearing; a general explanation of the matter to be considered including a general description of the area affected; and other information required by this code or applicable law or which the city considers necessary or desirable.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

The planning department shall prepare a report on the request for adoption of a development agreement. The planning department shall provide a recommendation to the planning commission and city council based on the following findings:

A.

Is the project consistent with the Kingsburg General Plan and any applicable specific plan?

B.

Is the project in compliance with the applicable city zoning and use in the applicable zone district, all applicable development standards and specifications and other applicable laws, rules and regulations?

C.

The project will not be detrimental to the public health, safety and general welfare?

D.

The project will provide sufficient benefit to the city to justify entering into the development agreement?

E.

The project will not have a significant impact on the environment?

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

During the public hearing, the planning commission shall review the planning department's report and shall take action on the development agreement. The planning commission can approve, approve with conditions or deny the development agreement. The planning commission's action and findings shall be forwarded to the city council.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

During a public hearing, the city council shall review the planning department's report and consider the planning commission's recommendation and shall take action on the development agreement. The council can approve, approve with modifications or deny the development agreement. Subsequent to a decision by the city council, the following actions shall be initiated:

If the council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the approved development agreement with the applicant.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by California Government Code Section 65867. An

amendment to an agreement shall be subject to the he provisions of the California Government Code Section 65867.5.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Within ten (10) days after the city enters into the development agreement, the city shall have the agreement recorded with the county recorder against title to the real property upon which the development will be constructed. Unless otherwise agreed by the city, the development agreement shall be senior in title to all other liens or encumbrances of title to said real property.

B.

If the parties to the development agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement, the city shall have notice of such action recorded with the county recorder.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

17.90.130 - Review of development agreement.

A.

The planning department shall review the development agreement at least once every twelve (12) months after the date of the development agreement is entered into. The planning department shall report the findings to the city council. The time for review may be modified by agreement between the parties.

B.

Should the planning director find that the developer is in non-compliance or not performing consistent with the provisions of the development agreement, the director shall report this finding to the city council. The city council may terminate the development agreement consistent with Section 17.90.110 of this chapter.

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.92 - ENFORCEMENT

All officials, departments and employees of the city of Kingsburg vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this code shall be void. Before issuing a business license for any new business or for a new location for any existing business activity, the city finance director or other authorized licensing official shall obtain the approval of the building department with regard to compliance with the provisions of this title.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the officials responsible for the enforcement procedures set forth in this Chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection, provided the right of entry shall be exercised only at reasonable hours and that, in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. These officials may serve notice requiring the removal of any structure or use in violation of the Kingsburg Municipal Code upon the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. These officials may also serve notice requiring the termination and/or cure of any other violation of the Kingsburg Municipal Code upon the violator of any provision of the Kingsburg Municipal Code. These officials may call upon the city attorney to institute the necessary legal proceedings to enforce the provisions of the Kingsburg Municipal Code and the city attorney is hereby authorized to institute appropriate actions to that end.

(Amended during 5-08 supplement)

(Ord. No. 2010-02, § 8, 7-21-2010; Ord. No. 2024-07, § 1, 12-18-2024)

Whenever the planning and development director, the building official, the chief of police, the fire chief, the public works director, or their respective designees (collectively "code enforcement officer") has inspected or determines that conditions constituting a violation of the Kingsburg Municipal Code and/or if a public nuisance exists, the code enforcement officer may use the procedures set forth in this Chapter for the abatement, termination and/or cure of such violation or nuisance.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 9, 7-21-2010)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.030 - Violations—Penalties.

A.

Except as otherwise provided in Section 1.20.010B of Chapter 1.20 of Title 1 of the Kingsburg Municipal Code, any person, firm, corporation, or organization violating any provision of the Kingsburg Municipal Code shall be guilty of an infraction. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day a violation is committed and continues to exist.

B.

Any violations of the Kingsburg Municipal Code shall be and are hereby declared to be unlawful and a public nuisance. The city attorney is authorized to institute legal proceedings in order to prosecute said infraction and/or for the abatement, removal, enjoinment, termination, or cure of any such violation or public nuisance in the manner provided by law and shall take such other steps as may be necessary in order to enforce the provisions of the Kingsburg Municipal Code.

C.

A fine for violations of the Kingsburg Municipal Code may be assessed by means of an administrative citation issued by the code enforcement officer, and shall be payable to the city.

D.

Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

E.

The city may seek any and all other civil and administrative remedies provided by law.

F.

All remedies provided for herein shall be accumulative and not exclusive.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 10, 7-21-2010)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.040 - Property maintenance.

A.

It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city of Kingsburg to maintain such premises in such manner that any of the following conditions are found to exist thereon:

1.

The real property or any buildings, structures, or improvements which violate the city's building code by creating a fire hazard, danger to human life, or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools, excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.

2.

Premises not maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance, or create

conditions which are detrimental to neighboring properties.

3.

Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.

4.

Clothes lines within front yard areas.

5.

Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.

6.

Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to create an unsightly appearance.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of Section 17.92.042 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The administrative citation shall contain the following:

A.

The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists;

B.

A statement that the code enforcement officer has determined that a violation and/or a public nuisance exists on the property, with a brief description of the conditions that render the property in violation and/or as a public nuisance and identification of the section(s) of the Kingsburg Municipal Code or other law or regulation violated;

C.

A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the administrative citation which time period shall not

exceed ten (10) days from the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;

D.

A statement advising that the disposal of material removed from the property in order to comply with the administrative citation shall be disposed of in the manner required by law;

E.

A statement advising that if the required work is not commenced within the time specified, the code enforcement officer may proceed to cause the work to be done, and bill the persons named in the administrative citation for all abatement costs and administrative expenses of the city and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 17.92.053 of this chapter;

F.

Amount of fine imposed for the violation(s);

G.

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

H.

Signature of the code enforcement officer and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall in no way affect the validity of the administrative citation and subsequent proceedings;

I.

A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 17.92.046 of this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

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 each person identified in Section 17.92.041 at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the code

enforcement officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address 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 person with an interest in the property to receive any administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. If the owner of record, after diligent search cannot be found, the administrative citation may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

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 effecting service, declaring the date and manner in which service was made. If the administrative citation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.044 - Abatement work—Extension of time.

Upon receipt of a written request from any person required to comply with the administrative citation, the code enforcement officer may grant an extension of time within which to complete the work or abatement, if the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The code enforcement officer shall have the authority to place reasonable conditions on any such extensions.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.045 - Fines assessed.

A.

The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer.

B.

If the violator or property owner fails to correct the violation; subsequent administrative citations may be issued for the same violation(s).

C.

Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D.

All fines assessed shall be payable to the city.

E.

The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of additional fines.

F.

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 section 17.92.053; or pursue any other legal remedy to collect such money.

(Amended during 5-08 supplement)

(Ord. No. 2009-02, § 1, 2009)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

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 building department, must specify the basis for the appeal in detail and must be filed with the building official 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.

B.

If the notice of appeal is filed in accordance with the provisions of subsection A of this section, 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. Except that, if the code enforcement officer determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the code enforcement officer shall proceed with enforcement of the violations.

C.

As soon as practicable after receiving the written notice of appeal, the building official or 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) calendar 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;

2.

First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.

The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.

D.

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

E.

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

1.

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

2.

The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time frame for correction.

F.

The director shall establish all appropriate rules for conducting hearings and rendering decisions pursuant to this section.

G.

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

H.

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

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

If the violator and/or property owner fails to comply with the requirements of the administrative citation within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the code enforcement officer, be performed by the city or by a contractor retained by the city.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The code enforcement officer or any employee, contractor or authorized representative of the city may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.049 - Dangerous nuisance—Immediate abatement—Notice and costs.

Whenever the code enforcement officer determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the code enforcement officer may institute the following procedures:

A.

Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the code enforcement officer shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

B.

Abatement. In the event the code enforcement officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action as specified by the code enforcement officer, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the code enforcement officer, then the code enforcement officer may, with the approval of the building official take all steps deemed necessary to repair, remove or isolate such dangerous condition, or conditions with the use of city forces or a contractor retained by the city.

C.

Costs. The code enforcement officer shall keep an itemized account of the work and abatement costs and administrative expenses incurred by the city in repairing, removing, or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Whenever a violation or public nuisance is found to exist as a result of an inspection, the actual work and abatement costs and reasonable administrative expenses as determined by the code enforcement officer shall be paid by the property owner.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.051 - Costs of abatement—Record keeping.

The code enforcement officer shall keep an itemized account of the expenses and costs incurred by the city in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the code enforcement officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 17.92.042 of this chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the administrative citation shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the persons identified therein in accordance with Section 17.92.042, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.052 - Appeal of costs of abatement.

The written demand for payment identified in Section 17.92.051 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the code enforcement officer's report, within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 17.92.046. The appeal shall be conducted in accordance with the provisions of Section 17.92.046.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

A.

Notice of Lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section 17.92.051 or within ten (10) days after the date of the decision of the hearing officer should the hearing officer affirm the collection of a fine or the costs of abatement, the code enforcement officer shall execute and file in the office of the county recorder a notice of lien of substantially the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the Code Enforcement Officer of the City of Kingsburg Municipal Code, said Code Enforcement Officer, by the provisions of the City of Kingsburg Municipal Code, and on or about, said Code Enforcement Officer did assess a fine and/or, on or administrative expenses and abatement costs upon that certain real property commonly known as, Kingsburg, California, and more particularly

described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and neither the same has been paid. The City of Kingsburg hereby claims a lien on the Real Property for said fine and/or administrative expenses and abatement costs in the amount of $. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.

Dated: This day of _______, 2007. CODE ENFORCEMENT OFFICER OF THE CITY OF KINGSBURG (ACKNOWLEDGMENT)

B.

Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.054 - Confirmed assessment—Collection.

A.

Assessment Book. The notice of lien, after recording, shall be delivered to the tax assessor of Fresno or Tulare County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other taxes levied thereon against the real property.

B.

Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the city to the fund designated for code enforcement activities.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.

(Amended during 5-08 supplement)

Nothing in this chapter shall prevent the city council from requesting the city attorney to commence a civil or criminal proceeding to abate a violation and/or a public nuisance as an alternative to the proceedings set forth in this chapter.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Enforcement of this chapter by the city may be accomplished by the code enforcement officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating violations and/or public nuisances in any other manner provided by law.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.058 - Violation—Penalty.

A.

Any person who removes any notice or order posted as required in this chapter without the consent of the city is guilty of an infraction.

B.

Any person who obstructs, impedes or interferes with any representative or contractor of the city or with any person who owns or holds any estate or interest in real property, buildings or premises which has been

ordered to be vacated, repaired, rehabilitated or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

17.92.059 - Violation—Abatement.

A.

It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable by fine as established by the resolution of the city council.

B.

Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

(Amended during 5-08 supplement)

(Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.94 - ABATEMENT OF SUBSTANDARD BUILDINGS

Actions instituted by the city to abate substandard buildings shall be in accordance with the provisions set forth in Article 3 (commencing with Section 17980) of Division 13, Part 1.5 of the Health and Safety Code.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.020 - Abatement procedure.

The procedures for abatement, prescribed by this chapter, prescribed by applicable law or other procedures as determined by the city to be equivalent for the purpose intended, may be used. The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the city officials responsible for the enforcement procedures set forth in this chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.030 - Substandard building as a nuisance—Notices.

Whenever the city determines any building or portion thereof has become substandard as described in Section 17920.3 of the California Health and Safety Code or is a building described in Section 17920.10 of the California Health and Safety Code and when determined to be a nuisance as defined in Section 17920 of the California Health and Safety Code by the city, the following procedures shall apply.

The city shall notify the owner of the building and any mortgagee or beneficiary under any deed of trust of record, as follows. The notice shall state the conditions causing the building to be substandard or in violation of Section 17920.10 of the Health and Safety Code, and may order the building or portion thereof, vacated and the owner shall institute proceedings for the correction or abatement of the building or portion thereof, either by demolition or repair, which correction or abatement shall be completed within thirty (30) days after the date of the notice. If, in the opinion of the city, these conditions can be corrected or abated by repair, the notice shall state the repairs which are required.

If the building is encumbered by a mortgage or deed of trust, of record and the owner of the building has not complied with the requirements identified in the notice from the city on or before the expiration of thirty (30) days after the date of mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within fifteen (15) days after the expiration of the thirty-day period, comply with the requirements of the notice from the city, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.

the notice from the city, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.

If the notice from the city has not been complied with on or before the expiration of forty-five (45) days after the date of mailing and posting of the notice, the city may institute an appropriate action or proceeding to correct or abate the condition, as would be taken to correct or abate any nuisance or any violation of any other provision of this chapter or, as an alternative procedure, the city may institute proceedings for the abatement of the nuisance and substandard building, after notice and hearing, before the city council as provided in this chapter.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.040 - Revolving fund.

For the purpose of providing for the advancement of costs in the enforcement of the provisions of this chapter, the city may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which may be paid the receipts from the collection of costs or fines imposed by the city in the enforcement of this chapter.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.050 - Manner of giving notice.

The notices required in Section 17.94.030 shall be given in the following manner. The city shall post conspicuously at least one copy of the notice identified in Section 17.94.030 on the substandard building, and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as that person's name and address appear on the last equalized assessment roll, or as known to the city clerk and to any mortgagee or beneficiary under

a deed of trust of record. If the address of the owner cannot be determined by the city, this fact shall be stated in the copy so mailed and the notice shall be addressed to the owner at the county seat of the county where the property is located.

The officer or employee of the city upon giving the notice, shall file an affidavit with the city clerk, certifying the time and the manner in which the notice was given along with any receipt card returned either acknowledging of the receipt of the notice by registered mail or acknowledging the notice was refused or undeliverable. The refusal of delivery of the notice or if the notice was undeliverable, shall satisfy the notice requirement set forth in this Section 17.94.050. The failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings taken hereunder.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.060 - Second notice.

A.

If the city elects to proceed with the abatement of the nuisance through proceedings instituted before the city council as provided in this chapter, it shall give a second notice in the same manner as set forth in Section 17.94.050 directing the owner of the building to appear before the city council at a stated time and place and show cause why the building should not be found to be a nuisance and the nuisance be abated as provided in this chapter. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in Section 17.94.050. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths (¾) of an inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

The owner of the building located at _______, Kingsburg, California ("building") is hereby notified to appear before the Kingsburg City Council at its regular/special meeting to be held ____, 20, at the City Council Chambers, 1401 Draper Street, Kingsburg, California, at the hour of _______ o'clock ___.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be declared a public nuisance and the nuisance be abated by reconstructing or repairing the building or by razing or removing the building.

Dated: ____, 20

CITY OF KINGSBURG

By: ___________

___________, City Clerk

B.

The officer or employee of the city giving such notice shall file an affidavit of posting and mailing in the manner required by Section 17.94.050.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

A.

At the time fixed in notice identified in Section 17.94.060, the city council shall hold a hearing and receive testimony from city staff, the owner of the building or its representatives, if present at said hearing, and other persons who may be present and desire to testify, respecting the condition of the building, the estimated cost of its reconstruction, repair or removal, and any other matter which the city council may deem pertinent thereto. Upon the conclusion of the hearing, the city council shall, by resolution, declare its findings and decision whether the building is a nuisance and direct the owner to abate the nuisance within thirty (30) days after the date of posting on the building a notice of the passage of said resolution by properly reconstructing, repairing, or having the building razed or removed and notifying the owner of the building that if the nuisance is not abated within the thirty-day period, the nuisance will be abated by the city by reconstruction, repair or razing and removing the building and the expense thereof made a lien on the lot or parcel of land upon which said building is located.

B.

At any time within sixty (60) days after the passage of any resolution directing the abatement of a nuisance, the city shall post a copy of the resolution conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the clerk of the city, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such addresses are unknown to the city, then said fact shall be stated in said copy so mailed and it shall be addressed to the owner of the land or the mortgage or beneficiary under the deed of trust at the county seat of the county where the property is located. The officer or employee of the city, upon giving the notice, shall file an affidavit thereof in the manner provided for in Section 17.94.050. The city council may grant any extension of time to abate the nuisance as it may deem justifiable upon good cause therefore being shown.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The owner of the building or other interested person offering objections during the abatement hearing before the city council at which a resolution of abatement of the nuisance is passed, must bring an action in a court of competent jurisdiction within thirty (30) days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

Thirty (30) days after the posting of the copies of the resolution declaring a building a nuisance, the city shall be deemed to have acquired jurisdiction to abate such nuisance by reconstructing, repairing, razing or

removing the building, unless the nuisance is abated by the owner or other person within said thirty-day period or any extension thereof granted by the city council. In the event that the nuisance is not abated within the time prescribed, the city may thereupon take the abatement action identified in the city council resolution or have the abatement action performed by a contractor under its direction and supervision.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The building materials contained in a building razed or removed may be sold by the city at public sale to the highest responsible bidder after not less than five (5) days' notice of the intended sale is published at least once in a newspaper of general circulation published in the city or county where the building is located, either before or after said building has been razed or removed. Any amount received from the sale of such building materials shall be deducted from the expense of razing or removing the building. The city shall keep an itemized account of the expenses involved in the razing or removing of any building and shall deduct therefrom the amount received from the sale of the building materials. The city shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by the officer or employee of the city in charge of performing the work showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the city council for approval and confirmation and at which time said city council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of the abatement work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Section 17.94.050 and an affidavit of such posting and mailing shall be filed in the manner prescribed in that section. The time for confirmation shall be not less than five (5) days after the date of the posting and mailing of said statement and notice.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

17.94.110 - Statement of expense.

A.

At the time fixed for the hearing of the statement of expense the city council shall consider the statement, together with any objections or protests which may be raised by any of the property owner liable to be assessed for the abatement work and any other interested persons. At the conclusion of the hearing, the city council may make such revision, correction, or modification to the statement of expense as it may deem necessary, after which, by motion, said statement of expenses as submitted, or in the event any revisions, corrections or modifications have been made by said city council said statement of expenses as revised, corrected or modified, shall be approved.

B.

In the event that the cost for abating the nuisance exceeds the proceeds received from the sale of any materials, the amount of the net expense of abating the nuisance, if not paid within five (5) days after the decision of the city council on the statement of expense, shall constitute a lien on the real property upon which the building is or was located, which lien shall continue until the amount thereof and interest thereon at the rate of ten percent (10%) per annum, computed from the date of approval and confirmation of the

et expense of abating the nuisance, if not paid within five (5) days after the decision of the city council on the statement of expense, shall constitute a lien on the real property upon which the building is or was located, which lien shall continue until the amount thereof and interest thereon at the rate of ten percent (10%) per annum, computed from the date of approval and confirmation of the

statement of expense until paid, or until it is discharged of record. This lien shall, for all purposes, be upon parity with the lien of state, county, and municipal taxes. In the event of nonpayment, the city council shall, at any time within sixty (60) days after the decision of the city council on the statement of expense, cause to be filed in the office of the county recorder of the county in which the property is located a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the undersigned did on the ___ day of ____, 20, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the ___ day of _, 20, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Kingsburg does hereby claim a lien on the real property hereinafter described for the net expense of the abatement of the nuisance in the sum of $__, and the same shall be a lien upon the real property until the sum, with interest at the rate of ten percent (10%) per annum, from the ___ day of ____, 20, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain real property located in the City of Kingsburg, County of _______, State of California, and particularly described as follows:

Dated: ____, 20

CITY OF KINGSBURG

By: ___________

___________, City Clerk

C.

From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of said lien.

D.

In the event that the amount received from the sale of material exceeds the expenses of abating the nuisance, such excess shall be deposited with the finance director of the city to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership of the property satisfactory to the finance director.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.96 - CONSTRUCTION AND DEFINITIONS

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.

A.

Tense. Words used in the present tense include the future tense.

B.

Number. Words used in the singular include the plural, and words used in the plural include the singular.

C.

Shall and May. The word "shall" is mandatory; the word "may" is permissive.

D.

Gender. The masculine shall include the feminine and neuter.

E.

Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

The word "city" shall mean the city of Kingsburg, California. The words "city council" and "council" shall mean the city council of the city of Kingsburg. The words "planning commission" and "commission" shall mean the planning commission of the city of Kingsburg. The words "planning department" and "department" shall mean the planning department of the city of Kingsburg. The words "planning director" and "director" shall mean the planning director of the city of Kingsburg. The words "city clerk" and "city engineer" shall mean the city clerk and city engineer of the city of Kingsburg. The words "building official" and "building inspector" shall mean the building official of the city of Kingsburg. The words "architectural design review committee" and "committee" shall mean the architectural design review committee of the city of Kingsburg.

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

(Ord. No. 2024-07, § 1, 12-18-2024)

For the purpose of this title, certain words and terms used herein are defined as follows:

"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers.

Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building.

"Accessory dwelling unit" means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principle use of the site.

"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use, and within an enclosed soundproof structure.

"Arcade" means any establishment operating or exhibiting more than five (5) amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged.

"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three (3) or more motor vehicles which have not been capable of operating under their own power for fifteen (15) days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.

"Billboard" means the same as outdoor advertising structure.

"Block" means the properties abutting on one side of a street and lying between two (2) nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.

"Boarding or rooming house" means a building where lodging and meals are provided for compensation for five (5) but not more than fifteen (15) persons, not including rest homes.

"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other materials are removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

"Breezeway" means a roofed passageway, open on at least two (2) sides, connecting the main structure on a site with another main structure or accessory use on the same site.

"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobilehomes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

"Building, main" means a building within which is conducted the principle use permitted on the lot or site as provided by this title.

"Building setback line" means the minimum distance as prescribed by this chapter between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.

"Carport" means an accessory structure or portion of a main structure open on two (2) or more sides designed for the storage of motor vehicles, without full enclosure.

"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbarium, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.

"Clinic" means a place for the provision of group medical services.

"Club" means an association of persons for some common non-profit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.

"College" means an education institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

"College, trade" means the same as school, trade.

"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this ordinance has jurisdiction.

"Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

"Convalescent home" means the same as "rest home."

"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.

"Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/or which serves food or beverages for consumption off the premises.

"Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including one-family, two-family, three-family and multiple dwellings; including mobile homes; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized.

"Dwelling, one-family" means a detached building designed exclusively for occupancy by one family for residential purposes.

"Dwelling, two-family" means a building designed exclusively for occupancy by two (2) families living independently of each other (e.g., duplex).

"Dwelling, three-family" means a building designed exclusively for occupancy by three (3) families living independently of each other (e.g., triplex).

"Dwelling, multi-family" means a building designed exclusively for occupancy by four (4) or more families living independently of each other (e.g., fourplex or apartment).

"Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.

"Educational institutions" means public or other non-profit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either: 1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, 2) confer degrees as a college or university of undergraduate or graduate standing, 3) conduct research or 4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

"Electrical distribution substation" means an assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.

"Electrical transmission substation" means an assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

"Emergency housing" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Emergency shelter" means housing with minimal support for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care.

"Employee housing" means living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section.

"Family" means, one or more persons living in a dwelling.

"Farmworker housing" means living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.

"Fence, open" means a fence, fifty percent (50%) or more of the vertical surface of which is open to the transmission of light, air and vision.

"Fence, screened" means a fence, ninety percent (90%) or more of the vertical surface of which is closed to the transmission of light, air and vision.

"Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

"Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.

"Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.

"Group residential facility" means a shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Facilities are typically licensed by the State of California. This classification includes clean and sober living facilities, other types of organizational housing, private residential clubs, and farmworker housing, but excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes, hotels, motels, and residential care facilities.

A small group residential facility is a facility that houses six (6) or fewer persons.

A large group residential facility is a facility that houses seven (7) or more persons.

"Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented.

"Hazardous waste" means any waste, or combination of wastes as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.

"Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 17.56.

"Homeowner's association" means a community association composed of individual owners of a development which is created for the purpose of holding title to, managing and maintaining the common property, and enforcing certain covenants and restrictions for the overall benefit of its members.

"Hotel" means a building in which there are sixteen (16) or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis.

"Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.

"Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars,

farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.

"Kennel" means any lot or premises on which four (4) or more dogs and/or cats at least four (4) months of age are kept, boarded or trained, whether in special buildings or runways or not.

"Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food.

"Lodge" means an order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Lodging house" means a dwelling in which lodging or lodging and meals are provided for compensation for more than five (5) but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.

"Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the San Joaquin County Recorder. The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this title. The term "lot" shall include two (2) or more abutting lots when combined and used as though a single lot.

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

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

"Lot, coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

"Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.

"Lot, double frontage" means an interior lot having frontage on and with access on two (2) parallel or approximately parallel streets.

"Lot, interior" means a lot other than a corner lot or reverse corner lot.

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

"Lot line, front" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

"Lot line, rear" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.

"Lot line, side" means any lot boundary line not a front lot line or a rear lot line.

"Lot, reversed corner" means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears. Lot, through. See "lot, double frontage."

"Lot, width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

"Low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Manufactured home" means a factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling.

"Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.

"Mobilehome" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight (8) feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.

"Mobilehome parks" means any parcel or contiguous parcels of land under single ownership, designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis, in accordance with the provisions of Chapter 17.56.

"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the State of California, to obtain the name and address of the guests and a description of their vehicle and its license. The term "motel" shall include tourist court, auto court and motor lodge.

Motor vehicle wrecking yard. See "automobile wrecking yard."

"Non-conforming building" means a building or portion thereof lawfully existing at the time of the adoption of this ordinance, or amendments thereto, and which does not conform to the applicable regulations of such amendments or a subsequent amendment.

"Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five (5) or more pre-elementary school age children, including those residents on the site.

"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

"Off-street loading facilities" means a site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

"Off-street parking facilities" means a site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.

"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

"Parking district" means a government parking district maintained by the federal, state, county or city government, or special district.

"Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.

"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.

"Recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational human habitation.

"Residence" means a structure containing a dwelling unit designed for occupancy or occupied by one family or more.

"Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes.

"Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home.

"School, elementary, junior high or high" means public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.

"School, private or parochial" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a non-governmental organization.

"School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization.

"Service station" means an occupancy engaged in the retail sales of gasoline, diesel, liquified petroleum gas or other passenger vehicle fuels, which may also provide related oil, tires, batteries, accessories and servicing of such vehicles and operations, incidental thereto, including: occasional individual hand automobile washing, with or without incidental hand waxing and polishing; tire changing and repairing (but not including recapping); battery service, charging and replacement (but not including repair or rebuilding); radiator cleaning, flushing and repair; installation of minor accessories; lubrication of such vehicles; and testing, adjustment and replacement of minor or accessory motor parts and accessories.

"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever, placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.

"Single room occupancy (SRO)" means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.

"Site: means a parcel of and, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

"Site area" means the total horizontal area included within the property lines of a site.

"Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines.

"Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

"Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

"Stable, commercial" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.

"Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.

"Street line" means the boundary line between street rights-of-way and abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.

"Structure, main" means a structure housing the principle use of a site or functioning as the principle use.

"Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in all zone districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district.

"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.

"Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying

property.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in all zones districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district.

"Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight (8) feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer".

avel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight (8) feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer".

"Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy or less).

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied or maintained.

"Use, permitted" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 17.56 and 16.64.

"Use, conditional" means a use which is listed as a conditional use in any given district in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.

"Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

"Yard" means open and unoccupied space on a lot.

"Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.

"Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

"Yard, side" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.

(Ord. 2000-07 § 2, 2000; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

(Ord. No. 2015-05, § 5, 6-3-2015; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter 17.97 - MEDICAL AND RECREATIONAL MARIJUANA REGULATION[[8]]

Footnotes:

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Editor's note— Ord. No. 2016-006, § 1, adopted Nov. 2, 2016, amended Ch. 17.97 in its entirety to read as herein set out. Former Ch. 17.97, §§ 17.97.010—17.97.060, pertained to medical marijuana dispensaries, cooperatives and cultivation, and derived from Ord. No. 2010-03, § 2, adopted Dec. 15, 2010.

17.97.010 - Purpose and intent.

Acknowledging cannabis/marijuana continues to be recognized by the United States government as a Schedule 1 controlled substance the possession of which is a violation of United States Code Title 21, Chapter 13, Section 801 et seq., it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under California law or for recreational use should recreational use become lawful under California law.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.020 - Definitions.

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

"Act" means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

"Collective" or "cooperative cultivation" means the association of two (2) or more persons, including, without limitation, qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical or other purposes.

"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted California law pertaining to the same or similar uses for recreational cannabis.

"Delivery" means the commercial transfer of medical or recreational use marijuana and marijuana products from any source as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer and delivery of marijuana.

"Marijuana collective" or "cooperative" means the association of two (2) or more persons including, without limitation, qualified patients, persons with valid identification cards, and designated primary caregivers, who collectively or cooperatively cultivate, use, sell, transport, process, administer, deliver, dispense, or give away marijuana for medical or other purposes.

"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to persons or entities.

"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into any form including, without limitation, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Person" means any individual, partnership, limited liability company, corporation, association, trust, joint venture, society, club or other organization or group of persons.

"Recreational marijuana" or "recreational marijuana use" means all uses of cannabis not included within the definition of medical marijuana use.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.030 - Regulations applicable to the cultivation of medical marijuana.

To the extent the city is required to allow the cultivation of medical marijuana under California law, the requirements set forth in this Section 17.97.030 shall apply. Nothing in this section shall be interpreted to permit medical or commercial marijuana operations, collective or cooperative cultivation of marijuana, marijuana collectives or cooperatives or marijuana dispensaries otherwise prohibited by this chapter.

A.

Personal Use Cultivation. Only an individual qualified patient or person with a medical marijuana identification card may cultivate medical marijuana in his/her private residence. Cultivation shall be limited to a maximum of six (6) marijuana plants. A primary caregiver shall only cultivate medical marijuana in the residence of a qualified patient or person with a medical marijuana identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area in the residence shall not exceed thirty-two (32) square feet measured by the canopy of the marijuana plants and not exceed ten (10) feet in height in the residence.

This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area in the residence.

2.

Lighting. Medical marijuana cultivation lighting in the residence shall not exceed a total of twelve hundred (1,200) watts.

3.

Building Code Requirements. Any alterations or additions to the residence shall be subject to applicable building and fire codes, including, without limitation, plumbing and electrical, and all applicable municipal code requirements, including, without limitation, lot coverage, setback and height requirements.

4.

Gas Products. The use of gas products (CO 2 , butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. There shall be no exterior evidence of medical marijuana cultivation occurring on the site of the residence that can be seen from neighboring properties, public rights-of-way or other public spaces.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation and use of marijuana are not detectable beyond the inside walls of the residence and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. The ventilation system shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation (or its equivalent(s)).

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rightsof-way. Any and all chemicals must be used, stored and disposed of in compliance with all limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all environmental laws. As used in this chapter, the term "environmental laws" means any past, present or future federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to: (i) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of hazardous materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land); or (ii) the use, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of hazardous materials. As used in this chapter, the term "hazardous materials" shall mean and include any and all hazardous or toxic materials, substances, chemicals or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of California, the United States Government or any local governmental authority.

11.

Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the residents of the city by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, chemicals, processes, products or wastes, or from other actions related to the cultivation.

12.

Property Owner Authorization. For rental property, the tenant/lessee shall obtain written authorization and consent from the landlord/lessor prior to commencing cultivating medical marijuana at the residence. The landlord/lessor shall have the right to revoke such authorization and consent at any time. Upon the revocation of such authorization and consent, the cultivation of medical marijuana shall immediately terminate and all marijuana plants shall be immediately removed from the residence.

13.

Notification. Prior to commencement of cultivation of medical marijuana within any residence the owner or landlord/lessor and tenant/lessee of the residence within which cultivation of medical marijuana will occur shall provide the Kingsburg Police Department with written notification ("notification"), using the notification form provided by the Kingsburg Police Department, of the intent to cultivate medical marijuana within the residence. Any person cultivating marijuana in their residence prior to the effective date of this chapter shall provide the notification required by this section to the Kingsburg Police Department within ten (10) days after the effective date of this chapter. Upon receipt of a notification, the Kingsburg Police Department shall direct the owner or landlord/lessee and tenant/lessee to the Kingsburg Planning Development to obtain a copy of this chapter and information regarding building code and permit requirements that may be applicable to the residence if alterations or additions to the residence are needed in order to comply with the provisions of this chapter. The Kingsburg Police Department and Planning Development shall keep patient information confidential to the extent required by law.

Posting of Physician Recommendation or Identification Card; Posting of Owner Authorization and Consent. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana within the residence shall also be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana or the operation of a medical marijuana dispensary is prohibited in the city.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

To the extent recreational marijuana use becomes legal under California law and the city is required to allow the cultivation of recreational marijuana under California law, the requirements set forth in Section 17.97.030 shall apply to the cultivation of recreational marijuana within a residence and upon the property where the residence is located.

A.

California Law Requirements. In addition to the provisions of this chapter the cultivation of recreational marijuana shall be subject to all of the requirements set forth in California law.

B.

Compliance with Medical Marijuana Personal Use Cultivation Requirements. All persons allowed under California law to cultivate recreational use marijuana shall be subject to and shall comply with the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

17.97.050 - Regulations applicable to marijuana operations, cooperatives, dispensaries and deliveries.

A.

Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 17.97.020 are prohibited within the city.

B.

Collective or Cooperative Cultivation and Marijuana Collective or Cooperative. Collective or cooperative cultivation of marijuana as defined in Section 17.97.020 and marijuana collectives or cooperatives as defined in Section 17.97.020 are prohibited within the city.

C.

Dispensaries. Marijuana dispensaries as defined in Section 17.97.020 are prohibited within the city.

D.

Deliveries. The delivery of marijuana as defined in Section 17.97.020 is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for the ordering or delivery by the dispensary.

E.

Exceptions. The following facilities providing medical marijuana to patients are not subject to the provisions of Section 17.97.050 B. provided the facilities operate in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other California and local laws, including, without limitation, zoning, permitting, and licensing requirements:

1.

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

2.

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

5.

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city unless such smoking, ingesting or consumption is allowed by California law and occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. Except that, medical marijuana may be consumed within the facilities identified in Section 17.97.050 E. of this chapter.

All consumption of marijuana or marijuana products permitted by this chapter shall be done in a manner that does not constitute a nuisance or that is adverse to the health and safety of the public.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Violations of this chapter for conduct that is not otherwise considered lawful under California law shall be considered misdemeanors and punishable in accordance with Chapter 1.16 of the municipal code. Each and every day, or portion thereof, a violation exists shall be a separate offense. The city may also pursue any and all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations to terminate such conduct.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Chapter - 17.98 REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

17.98.010 - Purpose and applicability.

A.

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the fair housing laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair housing laws means "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California

Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.

B.

A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

C.

A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.

D.

It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing.

(Ord. No. 2025-05, § 1, 11-5-2025)

A.

Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:

1.

The applicant's or representative's name, mailing address, email address, and daytime phone number;

2.

The address of the property for which the request is being made;

3.

The specific code section, regulation, procedure or policy of the city from which relief is sought;

4.

A site plan or illustrative drawing showing the proposed accommodation;

5.

An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property;

6.

The basis for the claim that fair housing laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence;

7.

A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

8.

Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and

9.

Other information required by the city to make the findings required by Section 17.98.040 of this section consistent with the fair housing laws.

B.

A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.

C.

Reasonable accommodation does not affect or negate an individual's obligations to comply with other applicable regulations not at issue or related to the requested accommodation.

D.

If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.

E.

Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits.

(Ord. No. 2025-05, § 1, 11-5-2025)

A.

Applications for reasonable accommodation shall be reviewed by the community development department director ("director") when no discretionary approval is sought other than the request for reasonable accommodation.

B.

Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the city authority governing the discretionary land use application.

(Ord. No. 2025-05, § 1, 11-5-2025)

17.98.040 - Findings.

A.

The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:

1.

The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under fair housing laws;

2.

The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the fair housing laws;

3.

The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the fair housing laws and interpretive case law; and

4.

The requested accommodation will not require fundamental alteration or frustrate application of the city's zoning or building laws, policies and/or procedures, as defined in the fair housing laws and interpretive case law. The city may consider, but is not limited to, the following factors to determine whether the requested accommodation would fundamentally alter or frustrate application of the city's zoning or building laws, policies, and/or procedures:

a.

Whether granting the accommodation would fundamentally alter the character of the neighborhood;

b.

Whether granting the accommodation would result in a substantial increase in traffic or insufficient parking; and

c.

Whether granting the accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan.

(Ord. No. 2025-05, § 1, 11-5-2025)

A.

The review authority shall consider the application, and issue a written determination within thirty (30) calendar days of the date of receipt of a completed application. However, if the project for which the request for reasonable accommodation being made also requires discretionary approval, the written determination of the request for reasonable accommodation will be made concurrently with the decision regarding the discretionary approval. At least ten (10) calendar days before issuing a written determination on the application, the city shall mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation.

B.

If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be extended until the applicant responds to the request.

C.

The review authority's written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority's decision shall be mailed to the applicant by certified mail and regular mail, to any person who provided written or verbal comment on the application, and to any other person who requests notice.

D.

Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this chapter.

E.

The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.

F.

The written decision of the reviewing authority shall be final, unless appealed as set forth below.

G.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.

H.

Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

(Ord. No. 2025-05, § 1, 11-5-2025)

17.98.060 - Appeals.

A.

Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within ten (10) calendar days after the issuance of a written decision on the request for reasonable accommodation.

B.

The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible.

C.

The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations by the city council shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D.

The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least ten (10) calendar days prior to the hearing. The city council shall announce its findings within thirty (30) calendar days after the hearing, unless good cause exists for an extension. The decision shall be mailed to the applicant by certified mail and regular mail and to any other person who requests notice at the time of the hearing. The city council's action shall be final.

(Ord. No. 2025-05, § 1, 11-5-2025)

A.

Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The director may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

(Ord. No. 2025-05, § 1, 11-5-2025)

17.98.080 - Notice to the public of availability of accommodation process.

A.

The city shall prominently display in the public areas of the community development department a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation.

(Ord. No. 2025-05, § 1, 11-5-2025)

17.98.090 - Expiration, time extension, violation, discontinuance, and revocation.

A.

Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1.

A building permit has been issued and construction has commenced;

2.

A certificate of occupancy has been issued;

3.

The use is established; or

4.

A time extension has been granted.

B.

The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three (3) years. Application for a time extension shall be made in writing to the community development department no less than thirty (30) days or more than ninety (90) days prior to the expiration date.

C.

Notice of the director's decision on a time extension shall be final and shall be mailed to the applicant by certified mail and regular mail.

D.

Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant by certified mail and regular mail and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible.

E.

An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible.

(Ord. No. 2025-05, § 1, 11-5-2025)

A.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this chapter. The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. No. 2025-05, § 1, 11-5-2025)