Chapter 17.138 — AGRICULTURAL PRESERVES/WILLIAMSON ACT MANAGEMENT

The purpose of this chapter is to authorize the city to designate suitable areas of the city as agricultural preserves by resolution of the city council pursuant to the Williamson Act of 1965 (Government Code Section 51200 et seq.) for the purpose of establishing agricultural and compatible land uses.

(Ord. No. 033-2013, § 1, 8-22-13)

Agricultural preserves shall be administered pursuant only to those portions of the Williamson Act of 1965 that apply to the preservation of agricultural lands, as now enacted or hereafter amended, and pursuant to the uniform rules, as defined under this chapter, which shall apply in all agricultural preserves now or hereafter established. Other aspects of the legislation, as defined by Section 51205 of the Government Code, can be included only if they are secondary to the primary agricultural use of the land.

(Ord. No. 033-2013, § 1, 8-22-13)

On or before September 1st of each year, the city shall file with the director of conservation a map of the city and designate thereon all contracted parcels at the end of the preceding fiscal year.

(Ord. No. 033-2013, § 1, 8-22-13)

Uses permitted under this section shall be consistent with the principles of compatibility set forth in Government Code Section 51238.1(a), (b), (c), and the following uses:

A.

Agricultural Uses.

1.

Agricultural and horticultural uses, including, but not limited to, greenhouse, orchard, the raising of field, tree, vine, berry, and bush crops, vegetables, flowers, and other plants;

2.

Harvesting, curing, processing, packaging, and storage incidental to such agricultural uses; shipping of agricultural products produced upon the premises, or where such activity is carried on in conjunction with

or as a part of an agricultural use in the immediate vicinity;

3.

Farms devoted to the grazing of cattle, horses, sheep, hogs, or other farm stock, including the supplementary feeding thereof, but not including slaughter houses;

4.

Farms or establishments for the selective or experimental breeding of cattle, horses, sheep, hogs, or other farm stock;

5.

Farms devoted to the hatching, breeding, raising, butchering, processing, and shipping of chickens, turkeys, or other fowl or poultry, including eggs;

6.

Dairies and the production of dairy products from milk produced on the premises, excluding retail sales therefrom;

7.

Contract harvesting and agricultural services where such use is incidental and secondary to the use of the premises for agricultural purpose.

B.

Compatible Uses.

1.

Farm dwellings, mobile homes, and other residential uses occupied by the owner/operator or help employed on the premises, including accessory buildings and farm buildings incidental to the farming operation on the premises;

2.

Labor camps intended for use by and occupied as housing for laborers employed directly on the farmland upon which the labor camp is located;

3.

Recreational uses subordinate to the primary agricultural use;

4.

Oil and gas drilling and production in accordance with the provisions of the state and local standards and ordinances;

5.

The erection, construction, alteration, operation, and maintenance of gas, electric, water, and communication utility facilities and similar public service facilities by corporations and companies under the jurisdiction of the Public Utilities Commission of the state of California and by public agencies;

6.

Any use not conforming to the agricultural or compatible uses specified in this chapter, which use preexisted the date the land was included within an agricultural preserve (such use discontinued for two years shall not be resumed unless it then constitutes an agricultural or compatible use permitted under the uniform rules);

7.

Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which maybe hereafter adopted;

8.

Any use determined to be a compatible use in all agricultural preserves established by the city council after public hearing or published notice and such other notice, if any, as the council may specify;

9.

Any use of a specific parcel of land in an agricultural preserve which is determined to be a compatible use as related to differences in the location and circumstances of the owners of land in agricultural or compatible uses within an agricultural preserve and which is based on character, location, or other particular circumstances of the specific parcel which are not applicable generally to other lands within that agricultural preserve (such determination maybe made by the city council only after public hearing or published notice and such other notice, if any, as the council may specify).

C.

Additional Uses Permitted in Specific Preserves as Approved by the City Council.

1.

The conservation, development, and use of water resources located within the lands covered by this preserve, and exploration conducted by scientific means on the lands located within this preserve for the purpose of determining the existence, location, and extent of any commercial mineral deposits;

2.

Uses related to or incidental to the construction, operation, and maintenance of public or private transmission or conveyance facilities;

3.

Uses related to or incidental to the establishment, maintenance, and repair of routes for ingress and egress over and through the lands included within this preserve;

4.

Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted;

5.

Commercial fish farms and fishponds and accessory buildings.

D.

Any land included in an agricultural preserve may be zoned for urban development provided however that urban development does not occur until such time as the subject property is unencumbered by the Williamson Act and removed from the agricultural preserve.

(Ord. No. 033-2013, § 1, 8-22-13)

It is the intent of the city to continue, contracts in force at the time the property is annexed into the city consistent with general plan policy. No new agricultural preserves will be initiated for property within the city and the city will request Kern County not to create new agricultural preserves within its sphere of influence. The city, after acquiring land in a preserve by annexation, shall have all rights and responsibilities specified in Government Code Section 51235.

(Ord. No. 033-2013, § 1, 8-22-13)

17.138.060 - Notice of non-renewal—Renewal—Recording requirements.

A.

Nonrenewal Process.

1.

Filing.

a.

Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with state law (Government Code Section 51245):

i.

Council. The council may initiate a notice of nonrenewal; or

ii.

Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.

b.

A copy of the notice shall be filed with the planning division of the community development department.

c.

Contents. The notice shall contain the following materials:

i.

Notice Form. One copy of the completed notice form;

ii.

Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted; and

iii.

Deadline. The written notice shall be served on the city by the property owner(s) at least ninety days, or on the property owner(s) by the city at least sixty days, before the annual renewal date of the contract.

2.

Recordation. The notice of nonrenewal shall be recorded in the following manner:

a.

Document Preparation. Once the notice is deemed complete and acceptable per subsection (A)(1)(c) of this section, the city clerk shall prepare all documents for recordation;

b.

Forwarded for Recordation. The city clerk shall forward the notice to the county recorder's office for recordation;

c.

Mailing of Copies. A copy of the recorded notice shall be mailed to the following:

i.

The property owner(s),

ii.

The director of conservation, and

iii.

The county assessor;

d.

December Deadline. The notice shall be recorded in the county recorder's office before December 1st in order to be processed for the following March 1st lien date, in compliance with state law (Government Code Section 51245).

B.

Terminates in Ten Years. The notice of nonrenewal terminates the contract in ten years, in compliance with state law (Government Code Section 51246(a)).

C.

Assessment. During this ten-year nonrenewal period, the assessment of the subject property may incrementally increase.

(Ord. No. 033-2013, § 1, 8-22-13)

17.138.070 - Cancellation.

A.

Filing.

1.

Initiation. A petition for cancellation may only be initiated by the property owner(s), consistent with Government Code Section 51281.

2.

The petition for cancellation shall be filed with the planning division of the city's community development department.

3.

Contents. The petition for cancellation shall contain the following materials:

a.

Petition Form. One complete copy of the city's required form;

b.

Preliminary Title Report. One copy of a current preliminary title report. Title reports more than six months old at time of application are not considered current and shall not be accepted;

c.

A copy of the contract under which the parcel(s) are encumbered;

d.

A current assessor's parcel map showing the contracted parcels; and

e.

Additional Information. Any additional information the director determines to be necessary to process the petition.

f.

A proposal for a specified alternative use of land.

B.

Tentative Cancellation of Contract.

1.

Notice. Notice of a public hearing shall be given as follows:

a.

Notice to Director of Conservation. Notice shall be provided to the director of conservation, along with the required findings, at least thirty days prior to a public hearing at which the city council will take action on the tentative cancellation;

b.

Published Notice. A notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing; and

c.

Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within five hundred feet, other concerned agencies, and the department of conservation.

2.

Review Procedure. The council shall conduct a public hearing for a tentative cancellation of the contract.

3.

Findings. The council may grant cancellation of the contract only if all the findings in subsection (B)(3)(a) or (B)(3)(b), below, can be made in a positive manner:

a.

The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:

i.

For property on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245) (Nonrenewal of Williamson Act Contract), above;

ii.

Not likely to result in the removal of adjoining lands from agricultural use;

iii.

For an alternative use of land which is consistent with the land uses, objectives, policies, and programs of the general plan and any applicable PD zoning;

iv.

Intended to ensure/maintain a contiguous pattern of urban development; and

iv.

In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land.

b.

The cancellation is in the public interest. This finding can only be made if:

i.

Other public considerations substantially outweigh the objectives of the Williamson Act; and

ii.

There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.

4.

Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within thirty days of the council's decision, with a copy to the director of the department of conservation, in compliance with Government Code Section 51284, and to the county assessor's office.

5.

Recordation. The city clerk shall record the certificate of tentative cancellation with the county recorder in compliance with Government Code Section 51283.4(a).

(Ord. No. 033-2013, § 1, 8-22-13)

Prior to giving approval to any contract cancellation, the city council shall determine and certify the cancellation fee pursuant to Section 51283 or Section 51297 of the Government Code. Cancellation fees that are not paid within one year of the recording of the certificate of tentative cancellation will be recomputed as of the date of notice (Government Code Section 51283.4(a) and (b)).

A.

Cancellation Fee Waiver. If it finds that it is in the public interest, the city council may waive any payment or any portion of a payment by the landowner. It may extend the time for making the payment, or a portion of the payment, contingent upon the future use made of the land, and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been cancelled, if all of the following occur:

1.

The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner;

2.

The city council has determined it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required; and

3.

The waiver or extension of time is approved by the secretary of the resources agency. The secretary will approve a waiver or extension of time only on the finding that the granting of the waiver or extension of time by the local agency is consistent with the policies of the Williamson Act and that the local agency complied with the Act in approving the cancellation. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the city council, the evidence in the record of the council, and any other evidence received concerning the cancellation, waiver, or extension of time (Government Code Section 51283(c)).

B.

Recordation. The cancellation of a contract shall not be final until the community development director is satisfied that any required conditions have been fulfilled and the certificate of cancellation is recorded pursuant with Section 51283.4(a) of the Government Code.

(Ord. No. 033-2013, § 1, 8-22-13)

If any part of this chapter is found to conflict with any part of state law governing Land Conservation Act of 1965 contracts, the applicable section of state law shall prevail.

(Ord. No. 033-2013, § 1, 8-22-13)

Chapter 17.139 - WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

A.

The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city of McFarland. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary to: (1) preserve and promote harmonious land uses and the public right-of-way in the city; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan; (3) provide for the orderly, managed, and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of wireless telecommunications facilities.

B.

This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the city may not deny under federal or state law; or (6) otherwise authorize the city to preempt any applicable federal or state law.

(Ord. No. 001-2019, § 2, 1-24-19)

For the purposes of this chapter, the following defined terms shall have the meaning set forth in this chapter unless the context clearly indicates or requires a different meaning:

"Accessory equipment" means any equipment associated with the installation of a wireless telecommunications facility, including but not limited to cabling, generators, air conditioning units, electrical

panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

"Antenna" means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

"Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.40001(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this chapter, supports or houses equipment described in 47 C.F.R. § 1.40001(b)(1)(i), (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this chapter, does not support or house equipment described in 47 C.F.R. § 1.40001(b)(1)(i), (ii).

"Building-mounted" means mounted to the side or façade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.

"Cellular" means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, the FCC's definition effectively means "to add" and does not necessarily refer to more than one wireless telecommunication facility installed at a single site.

"Eligible Facilities Request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as any tower or base station as defined in this chapter, provided that it is existing at the time the relevant application is filed with the state or local government under this chapter.

"Existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that a constructed tower or base station is existing for purposes of the FCC's Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"FCC" means the Federal Communications Commission or its duly appointed successor agency.

"Modification" means any change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the existing facility involving any of the following: collocation, expansion, modification, alteration, enlargement, intensification, reduction, or augmentation.

"Monopole" means a structure consisting of a single pole used to support antennas or related equipment and includes a monopine, monoredwood, and similar monopoles camouflaged to resemble trees or other objects.

"Personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

"Personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

"Pole" means a single shaft of wood, steel, concrete, or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of the McFarland Zoning Code.

"Public right-of-way" or "right-of-way" means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.

"Reviewing authority" means the person or body who has the authority to review and either grant or deny a wireless telecommunications facility permit pursuant to this chapter.

"RF" means radio frequency or electromagnetic waves between thirty kHz and three hundred GHz in the electromagnetic spectrum range.

"Roof-mounted" means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

"Section 6409(a)" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as such law may be amended from time to time.

"Section 6409(a) approval" means the approval required by Section 6409(a).

"Site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.

1.

For towers outside the public rights-of-way, a substantial change occurs when:

a.

The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater);

b.

The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater);

c.

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

d.

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2.

For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

a.

The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater);

b.

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station;

c.

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;

d.

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent larger in height or volume than any existing ground-mounted equipment cabinets; or

e.

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

a.

The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the zoning administrator; or

b.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this chapter.

The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).

"Telecommunications tower" or "tower" means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

"Utility pole" means a pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

"Wireless services" means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

"Wireless telecommunications facility" means any facility constructed, installed, or operated for wireless service. "Wireless telecommunications facility" includes, but is not limited to, antennas or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. "Wireless telecommunications facility" does not mean any of the following:

1.

A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation.

2.

An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation, including, but not limited to, direct-to-home satellite dishes that are less than one meter in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.

3.

Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the zoning administrator.

4.

Telecommunications facilities owned and operated by any government agency.

5.

Telecommunications facilities owned and operated by any emergency medical care provider.

6.

Mobile services providing public information coverage of news events of a temporary nature.

7.

Any wireless telecommunications facilities exempted from the McFarland Zoning Code by federal law or state law.

"Zoning administrator" means the city community development director or the city community development director's designee.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.030 - Applicability.

A.

This chapter applies to all wireless telecommunications facilities as follows:

1.

All facilities for which applications were not approved prior to the effective date of this chapter shall be subject to and comply with all provisions of this chapter;

2.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance, cessation of use and abandonment, removal and restoration of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this chapter, the condition of approval shall control unless and until the permit is amended or revoked.

B.

The McFarland Zoning Code, including but not limited to this Chapter 17.139 shall not apply to a wireless telecommunications facility on property owned by the city.

C.

Notwithstanding any provision of the McFarland Municipal Code to the contrary, provisions governing the installation of a public utility facility or accessory equipment shall not apply to wireless telecommunications facilities. This Chapter 17.139 shall govern all applications for wireless telecommunications facilities.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.040 - Wireless telecommunications facility permit required.

A.

Conditional Use Permit Required. No wireless telecommunications facility shall be located or modified within the city on any property, including the public right-of-way, without the issuance of a permit as

required by this chapter as set forth in the table below. Such permit shall be in addition to any other permit required pursuant to the McFarland Municipal Code.

1 See requirements of Section 17.139.103.

2 See requirements of Section 17.139.104.

3 For any public right-of-way not within a zoning district, the location of a wireless telecommunication facility shall be determined based upon the closest district adjacent to the facility's location.

B.

Non-exclusive Grant. No approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the city for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.050 - Application for permit.

A.

Application Content. All applications for a permit required by this chapter must be made in writing on such form as the zoning administrator prescribes, which shall include the following information, in addition to all

other information determined necessary by the zoning administrator as well as all other information required by the city as part of an application for a conditional use permit:

1.

Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

2.

The type of facility, including a full written description of the proposed facility, its purpose and specifications.

3.

A detailed site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the zoning administrator.

4.

Photographs of facility equipment and an accurate visual impact analysis with photo simulations.

5.

Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the FCC.

6.

If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

7.

A written description identifying the geographic service area for the subject installation, accompanied by a plan and maps showing anticipated future installations and modifications for the following two years.

8.

A written report that analyzes acoustic levels for the proposed wireless telecommunications facility and all associated equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with any noise control provisions in the municipal code. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise

emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.

9.

If the applicant claims it requires an exception to the requirements of this chapter, all information and studies necessary for the city to evaluate that claim.

10.

An application and processing fee and a deposit for a consultant review as set forth in subsection B of this section.

11.

Any other studies or information determined necessary by the zoning administrator may be required.

B.

Independent Expert.

1.

The zoning administrator is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility to review the technical aspects of the application, including but not limited to the following matters:

a.

The accuracy, adequacy, and completeness of submissions,

b.

Compliance with applicable radio frequency emission standards,

c.

Whether any requested exception is necessary to close a significant gap in coverage, to introduce new services or to improve service capabilities, and is the least intrusive means of doing so,

d.

Technical demonstration of the unavailability of alternative sites, facility designs or configurations, and coverage analysis, and

e.

The validity of conclusions reached or claims made by applicant.

2.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution.

(Ord. No. 001-2019, § 2, 1-24-19)

A.

Purpose. The purpose of this chapter is to provide guidelines to applicants and the reviewing authority regarding the preferred locations and configurations for wireless telecommunication facilities in the city, provided that nothing in this chapter shall be construed to permit a wireless telecommunication facility in any location or configuration that it is otherwise prohibited by this chapter.

B.

Review of Location and Configuration. The reviewing authority shall consider the extent to which a proposed wireless telecommunication facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this chapter. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category.

C.

Order of Preference—Configurations. The order of preference for the configuration for wireless telecommunication facilities from most preferred to least preferred is:

1.

Collocation with existing facilities,

2.

Roof-mounted,

3.

Building-mounted,

4.

Mounted on an existing pole or utility pole,

5.

Mounted on a new pole or utility pole that will replace an existing pole or utility pole,

6.

Mounted on a new telecommunication tower.

D.

Order of Preference—Location. The order of preference for the location of wireless telecommunications facilities from most preferred to least preferred is:

1.

M-1 zone, M-2 zone, M-3 zone,

2.

In the public right-of-way, with the closest adjacent zone being the zone listed in the above order,

3.

Any public right-of-way,

4.

Any other zone.

E.

Accessory Equipment. In order of preference from most preferred to least preferred, accessory equipment for wireless telecommunication facilities and wireless telecommunications collocation facilities shall be located underground, within a building or structure, on a screened rooftop area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the reviewing authority finds that another location is preferable under the circumstances of the application.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.070 - Design and development standards for all facilities.

A.

Basic Requirements. The design and development standards set forth in this chapter apply to all wireless telecommunications facilities no matter where they are located. Wireless telecommunications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this chapter.

B.

No Speculative Facilities. A wireless telecommunications facility, wireless telecommunications collocation facility, or a telecommunications tower, which is built on speculation and for which there is no wireless tenant is prohibited within the city.

C.

General Guidelines. The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually

inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

D.

Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

E.

Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip antennas need not be screened.

F.

Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

G.

Signage. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

H.

Lighting. No wireless telecommunications facility may be illuminated unless either specifically required by the Federal Aviation Administration or other government agency or in association with the illumination of an athletic field on city or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as telecommunications towers, lattice towers, and monopoles.

I.

Noise.

1.

Each wireless telecommunications facility and wireless telecommunications collocation facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of five p.m. and seven a.m.

3.

At no time shall equipment noise from any facility exceed an exterior noise level of fifty dBA at the facility's property line if the facility is located in a business or commercial zone that permits those uses, provided, however, that for any such facility located within five hundred feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of any such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property.

4.

Any equipment, including but not limited to air conditioning units, that may emit noise that would be audible from beyond three feet from the facility in the case of a facility located in the right-of-way, or in the case of other facilities the facility's property line, shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under the McFarland Municipal Code.

J.

Security. Each wireless telecommunications facility and wireless telecommunications collocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance.

K.

Modification. At the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.080 - Additional design and development standards for facilities outside the public right-of-way.

A.

Basic Requirements. Facilities located outside the public right-of-way are subject to the design and development standards set forth in this chapter in addition to all design and development standards that apply to all facilities.

B.

No Parking Interference. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required.

C.

Roof-Mounted Facilities. Roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the existing architecture of the building the facility is mounted to in color, texture, and type of material. Screening shall not increase the bulk of the structure nor alter the character of the structure.

D.

Facilities Mounted to a Telecommunications Tower. Facilities mounted to a telecommunications tower shall be located in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or under grounding for at least eighteen months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.

1.

Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet FCC requirements. The applicant shall provide documentation satisfactory to the zoning administrator establishing compliance with this paragraph. In any event, facilities mounted to a telecommunications tower shall not exceed the applicable height limit for structures in the applicable zoning district.

2.

Aside from the antenna itself, no additional equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the tower.

3.

Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

4.

All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or existing architectural elements so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

5.

Monopoles shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

6.

If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

E.

Accessory Equipment. All accessory equipment associated with the operation of any wireless telecommunications facility shall be fully screened or camouflaged, and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation:

1.

Accessory equipment for roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such accessory equipment may be located on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.

2.

Accessory equipment for facilities mounted to a telecommunications tower shall be visually screened by locating the equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the accessory equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.080 - Additional design and development standards for facilities in the public right-of-way.

A.

Basic Requirements. Facilities located in the public right-of-way are subject to the design and development standards set forth in this chapter in addition to all design and development standards that apply to all facilities.

B.

Right-of-Way Authority. An encroachment permit must be obtained for any work in the public right-of-way. Only applicants authorized to enter the public right-of-way pursuant to state or federal law or a franchise or other agreement with the city shall be eligible for a permit to install or modify a wireless telecommunications facility in the public right-of-way.

C.

Antennas.

1.

Utility Poles. The maximum height of any antenna mounted to an existing utility pole shall not exceed twenty-four inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than eighteen feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as revised.

2.

Street Light Poles. The maximum height of any antenna mounted to a street light pole shall not exceed seven feet above the existing height of a street light pole in a location with its closest adjacent district being a commercial zoning district and shall not exceed three feet above the existing height of a street light pole in any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface.

D.

Poles.

1.

Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole.

2.

Pole height and width limitations:

a.

All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

b.

Notwithstanding the above, no facility shall be located on a pole that is less than twenty-six feet in height and no facility shall exceed thirty-five feet in height, including, but not limited to the pole and any antenna that protrudes above the pole.

c.

Pole mounted equipment shall not exceed six cubic feet in dimension.

3.

If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this chapter. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.

4.

If an exception is granted for placement of new poles in the right-of-way, new poles shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this chapter. Such new poles that are not replacement poles shall be located no closer than ninety feet to an existing pole.

E.

Space Occupied. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

F.

Location.

1.

Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

2.

A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

3.

Facilities mounted to a telecommunications tower, above-ground accessory equipment, or walls, fences, landscaping or other screening methods shall be setback a minimum of eighteen inches from the front of a curb.

4.

Each pole mounted wireless telecommunications facility must be separated by at least one thousand five hundred feet.

5.

All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground, if feasible.

6.

All new wires needed to service the wireless telecommunications facility must be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole.

G.

Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).

H.

Accessory Equipment. With the exception of an electric meter that shall measure less than 0.5 cubic feet in dimension and shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground to the extent feasible. When above-ground is the only feasible location for a particular type of accessory equipment and when such accessory equipment cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of fifteen square feet, and shall be screened and camouflaged to the fullest extent possible, including the use of landscaping or alternate screening. Required electrical meter cabinets shall be adequately screened and camouflaged.

I.

Documentation. The applicant shall provide documentation satisfactory to the zoning administrator establishing compliance with this subsection I.

(Ord. No. 001-2019, § 2, 1-24-19)

A.

In addition to compliance with the requirements of this chapter, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1.

Before the permittee submits any application for a building permit or other permits required by the McFarland Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit and the approved plans and any photo simulations (the "approved plans") into the project plans. The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the approved plans. The permittee shall submit an as built drawing within ninety days after installation of the facility.

2.

Where feasible, as new technology becomes available, the permittee shall:

a.

Place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground; and

b.

Replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the McFarland Municipal Code.

3.

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and twenty-four-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.

The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification.

c.

Name, address, and telephone number of the property owner if different than the permittee.

4.

The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5.

At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.

7.

If the zoning administrator determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the zoning administrator may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.

8.

Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the McFarland Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the zoning administrator in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.

9.

Permittee shall defend, indemnify, protect and hold harmless the city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense.

10.

All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.

11.

A condition setting forth the permit expiration date in accordance with Section 17.139.109 shall be included in the conditions of approval.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.100 - Additional conditions of approval for facilities in the public right-of-way.

A.

In addition to compliance with the requirements of this chapter, upon approval all facilities in the public right-of-way shall be subject to each of the conditions of approval set forth in Section 17.139.090, each of the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1.

The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the purpose of: (a) protecting the public health, safety, and welfare, (b) preventing interference with pedestrian and vehicular traffic, and (c) preventing damage to the public right-of-way or any property adjacent to it. The city may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the grant of a wireless telecommunications facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the city by the permittee.

2.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a wireless telecommunications facility unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's facilities.

3.

The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

4.

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the zoning administrator, the zoning administrator shall cause such repair to be completed at permittee's sole cost and expense.

5.

Prior to issuance of a building permit, the applicant shall obtain the zoning administrator's approval of a tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than ten feet may be required by the zoning administrator.

6.

Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within thirty days of such service being offered and reasonably restore the area to its prior condition.

7.

The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to city, if and when made necessary by:

a.

Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency;

b.

Any abandonment of any street, sidewalk, or other public facility;

c.

Any change of grade, alignment or width of any street, sidewalk or other public facility; or

d.

A determination by the zoning administrator that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way.

8.

Any modification, removal, or relocation of the facility shall be completed within ninety days of written notification by city unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the McFarland Zoning Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the McFarland Zoning Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the city may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the

McFarland Zoning Code, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

(Ord. No. 001-2019, § 2, 1-24-19)

A.

Where a wireless telecommunication facility requires a conditional use permit under this chapter, the reviewing authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:

1.

The proposed facility complies with all applicable provisions of this chapter.

2.

The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.

3.

The applicant has submitted a statement of its willingness to allow other carriers to collocate on the

proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

4.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this chapter.

B.

In addition to the findings in subsection A above, approval of a wireless telecommunications facility permit for a facility that will be located in the public right-of-way may be granted only if the following findings are made by the reviewing authority:

1.

The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the city permitting them to use the public right-of-way.

2.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way, existing subterranean infrastructure, or the city's plans for modification or use of such location and infrastructure.

(Ord. No. 001-2019, § 2, 1-24-19)

A.

Exceptions pertaining to any provision of this chapter, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority if the reviewing authority makes the finding that:

1.

Denial of the facility as proposed would violate federal law, state law, or both; or

2.

A provision of this chapter, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.

B.

An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit. The request must include both the specific provision(s) of this chapter from which the exception is sought and the basis of the request. Any request for an exception after the city has deemed an application complete shall be treated as a new application.

C.

Notwithstanding any other provision of this chapter, a conditional use permit shall be required for a facility when an exception is requested.

D.

The applicant shall have the burden of proving that denial of the facility as proposed would violate federal law, state law, or both, or that the provisions of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.103 - Wireless telecommunications facilities covered under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

A.

Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. § 1455(a), generally requires that state and local governments "may not deny, and shall approve" requests to collocate, remove or replace transmission equipment at an existing tower or

base station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential "deemed granted" remedy when the state or local government fails to approve or deny the request within sixty days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. § 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and equipment), Section 6409(a) applies to all "wireless" facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).

nting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. § 332, applies to only "personal wireless service facilities" (e.g., cellular telephone towers and equipment), Section 6409(a) applies to all "wireless" facilities licensed or authorized by the FCC (e.g., cellular, Wi-Fi, satellite, microwave backhaul, etc.).

The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the city's land-use authority to maximum extent possible.

B.

Applicability. This section applies to all collocations or modifications to an existing wireless tower or base station submitted with a written request for approval pursuant to Section 6409(a).

C.

Approval Required. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted with a written request for a Section 6409(a) approval shall be subject to the zoning administrator's approval, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.

D.

Other Regulatory Approvals. No collocation or modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the city and state or federal agencies. Furthermore, any Section 6409(a) approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the city and state or federal agencies.

E.

Application Requirement. The city shall not approve any wireless facility subject to this section except upon a duly filed application consistent with this section and any other written rules the city or the zoning administrator may establish from time to time. An application must include the information required by Section 17.139.050 and the following additional information:

1.

A title report prepared within the six months prior to the application filing date in order for the city verify the property owner's identity. If the applicant does not own the subject property, the application must include a

written authorization signed by the property owner that empowers the applicant to file the application and perform all wireless facility construction, installation, operation and maintenance to the extent described in the application.

2.

A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. § 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the city to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an existing tower or existing base station; and (ii) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.

F.

Procedures for a Duly Filed Application. The City shall not review any application unless duly filed in accordance with this section, as follows:

1.

Pre-Submittal Conference. Before application submittal, applicants must schedule and attend a preapplication meeting with the zoning administrator for all proposed modifications submitted for approval pursuant to Section 6409(a). The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification, including whether the project qualifies for Section 6409(a); any latent issues in connection with the existing tower or base station; potential concealment issues (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback about whether such applications or other materials may be incomplete or unacceptable. The zoning administrator may, in the zoning administrator's discretion, grant a written exemption to the submittal appointment under subsection (F)(2) or for a specific requirement for a complete application to any applicant who: (i) schedules, attends and fully participates in any pre-submittal conference and (ii) shows to the zoning administrator's satisfaction that such specific requirement duplicates information already provided in other materials to be submitted or is otherwise unnecessary to the city's review under facts and circumstances in that particular case. Any written exemption will be limited to the project discussed at the pre-submittal conference and will not be extended to any other project.

2.

Submittal Appointment. All applications must be filed with the city at a pre-scheduled appointment. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment, whether delivered in-person or through any other means, will

ubmittal Appointment. All applications must be filed with the city at a pre-scheduled appointment. Applicants may generally submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment, whether delivered in-person or through any other means, will

not be considered duly filed unless the applicant received a written exemption from the zoning administrator at a pre-submittal conference.

3.

Appointment Scheduling Procedures. For any event in the submittal process that requires an appointment, applicants must submit a written request to the zoning administrator. The zoning administrator shall endeavor to provide applicants with an appointment as soon as reasonably feasible and within five business days after a written request is received.

4.

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the city within ninety calendar days after the city deems the application incomplete in a written notice to the applicant. The zoning administrator may, in the zoning administrator's discretion, grant a written extension for up to an additional thirty calendar days when the applicant submits a written request prior to the ninetieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

5.

Departmental Forms, Rules and Other Regulations. The city council authorizes the zoning administrator to develop and publish permit application forms, checklists, informational handouts and other related materials that the zoning administrator finds necessary, appropriate or useful for processing requests for Section 6409(a) approvals. Without further authorization from the city council, the zoning administrator may from time-to-time update and alter any such permit application forms, checklists, informational handouts and other related materials as the zoning administrator deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this section. The city council authorizes the zoning administrator to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the zoning administrator deems necessary or appropriate to organize, document and manage the application intake process.

G.

Administrative Review; Decision Notices. The zoning administrator shall administratively review an application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the zoning administrator conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the zoning administrator shall send a written notice to the applicant. In the event that the zoning administrator determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the zoning administrator will send written notice to the applicant that includes the reasons to support the review authority's decision and states that the application will be automatically denied without prejudice on the sixtieth day after the date the application was filed unless the applicant withdraws the application.

H.

Required Findings for 6409(a) Approval. The zoning administrator may approve or conditionally approve an application submitted for Section 6409(a) approval when the zoning administrator finds that the proposed project:

1.

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

2.

Does not substantially change the physical dimensions of the existing wireless tower or base station.

I.

Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this section, and consistent with all applicable federal laws and regulations, the zoning administrator may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

1.

Does not satisfy the criteria for approval;

2.

Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

3.

Involves the replacement of the entire support structure.

J.

Conditional Section 6409(a) Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the city's authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.

K.

Appeals. Notwithstanding any provision of the McFarland Zoning Code to the contrary, an applicant may appeal a decision by the zoning administrator to deny without prejudice a Section 6409(a) application. The appeal must be filed within ten days from the zoning administrator's decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the zoning administrator taken pursuant to this section. The city shall provide notice for an administrative hearing by the city manager. The city manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in subsections H and I of this section. The decision of the city manager shall be final and not subject to any further administrative appeals.

L.

Standard Conditions of Approval. In addition to all other conditions adopted by the zoning administrator, all Section 6409(a) approvals, whether approved by the zoning administrator or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the zoning administrator shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:

1.

Approved Plans. Before the permittee submits any application for a building permit or other permits required by the McFarland Municipal Code, the permittee must incorporate the wireless telecommunications facility permit granted under this section, all conditions associated with the wireless telecommunications facility permit and the approved plans and any photo simulations (the "approved plans") into the project plans. The permittee must construct, install and operate the wireless telecommunications facility in strict compliance with the approved plans. The permittee shall submit an as built drawing within ninety days after installation of the facility.

2.

Permit Term. The city's grant or grant by operation of law of a Section 6409(a) approval constitutes a federally-mandated modification to the underlying permit or other prior regulatory authorization for the subject tower or base station. The city's grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station.

3.

Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval, such Section 6409(a) approvals shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the zoning administrator grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the zoning administrator may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for a conditional use permit for those improvements before the one-year period ends.

4.

No Waiver of Standing. The city's grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any section 6409(a) approval.

Build-out Period. The Section 6409(a) approval will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and operate the approved wireless facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the wireless facility or its use. The zoning administrator may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least thirty days prior to the automatic expiration date in this condition. Any further extensions may be granted by the planning commission.

6.

Maintenance Obligations; Vandalism. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this Section 6409(a) approval. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within forty-eight hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

7.

Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("Laws") applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this Section 6409(a) approval. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws.

8.

Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's construction, installation, operation, modification, maintenance, repair, removal or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines on any day and at any time prohibited under the McFarland Zoning Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city. The zoning administrator may issue a stop work order for any work that violates this condition.

9.

Noise Complaints. The permittee shall conduct all activities on the site in compliance with the noise standards in the McFarland Zoning Code. In the event that any person files a noise complaint and the city verifies that such complaint is valid, the permittee must remedy the violation within ten days after notice from the city, which may include a demonstration that the permittee has amended its operational guidelines

in situations where the violation arises from the permittee's personnel rather than the permittee's equipment.

10.

Inspections; Emergencies. The permittee expressly acknowledges and agrees that the city or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the city or its designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the city or its designee while such inspection or emergency access occurs.

11.

Contact Information. The permittee shall furnish the city with accurate and up-to-date contact information for a person responsible for the wireless facility, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times.

12.

Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, employees and volunteers from any and all: (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("claims") brought against the city or its agents, officers, officials, employees or volunteers to challenge, attack, seek to modify, set aside, void or annul the city's approval of this Section 6409(a) approval, and (2) other claims any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees', or customers' acts or omissions in connection with this Section 6409(a) approval or the wireless facility. In the event the city becomes aware any claims, the city will use best efforts to promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner or permittee (as applicable) shall promptly reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the city to approve this Section 6409(a) approval, and that such indemnification obligations will survive the expiration or revocation of this Section 6409(a) approval.

13.

Performance Bond. Before the city issues any construction permit in connection with the wireless facility, the permittee shall post a performance bond from a surety and in a form acceptable to the city manager in an amount equal to or greater than a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other

improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code § 65964(a), the city manager shall take into consideration information provided by the permittee regarding the cost to remove the wireless facility.

14.

Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

15.

Compliance Obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the McFarland Zoning Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the city to timely notice, prompt or enforce compliance by the applicant or permittee.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.104 - Wireless telecommunications collocation facilities covered under California Government Code Section 65850.6.

A.

Purpose. The purpose of this section is to comply with an application for a wireless telecommunications collocation facility under California Government Code Section 65850.6, for which a Section 6509(a) approval is not being requested. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility for which subsequent collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a wireless telecommunications collocation facility.

B.

Definitions. For the purposes of this section, the following terms are defined as follows:

1.

"Collocation facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunications collocation facility.

2.

"Wireless telecommunications facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

3.

"Wireless telecommunications collocation facility" means a wireless telecommunications facility that includes collocation facilities.

C.

Procedures. An application for a wireless telecommunications collocation facility under California

Government Code Section 65850.6 shall be processed in the same manner as an application for Section 6409(a) approval is processed, except that where the process requires justification for the Section 6409(a) approval, the applicant shall instead provide the justification for a wireless telecommunications collocation facility under California Government Code Section 65850.6.

D.

Requirements. All requirements, regulations, and standards set forth in this section for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:

1.

The applicant for a wireless telecommunications collocation facility permit shall describe or depict:

a.

The wireless telecommunications collocation facility as it will be initially built; and

b.

All collocations at full build-out, including, but not limited to, all antennas, antenna support structures, and accessory equipment.

2.

Any collocation shall use screening methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening methods are specified in the conditions of approval.

3.

A wireless telecommunications collocation facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the wireless telecommunications collocation facility.

E.

Permitted Use. Notwithstanding any other provision of this section, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use only if all of the following requirements are satisfied:

1.

The wireless telecommunications collocation facility:

a.

Was approved after January 1, 2007, by discretionary permit;

b.

Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and

c.

Otherwise complies with the requirements of California Government Code Section 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this section and the conditions of approval in the wireless telecommunications collocation facility permit.

2.

The collocations were specifically considered when the relevant environmental document was prepared for the wireless telecommunications collocation facility.

3.

Before collocation, the applicant seeking collocation shall obtain all other applicable non-discretionary permits, as required pursuant to the McFarland Zoning code.

F.

New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:

1.

Increases the height of the existing permitted telecommunications tower or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility; or

2.

Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by the conditions of approval.

G.

Appeals. Notwithstanding any provision of the McFarland Zoning Code to the contrary, including but not limited to Section 17.150.120, any applicant may appeal a decision by the zoning administrator. The appeal must be filed within ten days from the zoning administrator's decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the zoning administrator taken pursuant to this section. The city shall provide notice for an administrative hearing by the city manager. The city manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the city manager shall be final and not subject to any further administrative appeals.

(Ord. No. 001-2019, § 2, 1-24-19)

A permit issued pursuant to this chapter shall not be a substitute for any business license otherwise required under the McFarland Municipal Code.

(Ord. No. 001-2019, § 2, 1-24-19)

In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the zoning administrator deems to constitute an emergency, the zoning administrator may approve the installation and operation of a temporary wireless telecommunications facility (e.g., a cell on wheels or "COW"), which is subject to such reasonable conditions that the zoning administrator deems necessary.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.107 - Operation and maintenance standards.

A.

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within forty-eight hours:

1.

After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

After permittee, owner, operator, or any designated maintenance agent receives notification from a resident or the zoning administrator.

B.

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored, or damaged artificial foliage or other camouflage;

6.

Graffiti, bills, stickers, advertisements, litter and debris;

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the zoning administrator.

D.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

E.

Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards.

F.

Each facility shall be operated and maintained to comply at all times with the noise regulations of this chapter and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of seven a.m. and five p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the zoning administrator. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.

G.

If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.

H.

Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter and the conditions of approval.

(Ord. No. 001-2019, § 2, 1-24-19)

No person shall install, use or maintain any wireless telecommunications facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

(Ord. No. 001-2019, § 2, 1-24-19)

A.

A permit for any wireless telecommunications facility shall be valid for a period of ten years, unless the planning commission authorizes a longer period or pursuant to another provision of the McFarland Zoning Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.

B.

A permittee may apply for extensions of its permit in increments of no more than ten years and no sooner than twelve months prior to expiration of the permit.

C.

If a permit has not expired at the time an application is made for an extension, the zoning administrator may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of the McFarland Zoning Code that are in effect at the time the permit extension is granted.

1.

At the zoning administrator's discretion, additional studies and information may be required of the applicant.

2.

If the zoning administrator determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the McFarland Zoning Code that are then in effect at the time of permit expiration, the zoning administrator shall refer the extension request to the planning commission.

D.

The request for an extension shall be decided by the planning commission if the permit expired before the application is made for an extension or if the zoning administrator refers the matter to the planning commission. After notice and a public hearing, the planning commission may approve, conditionally approve, or deny the extension.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.110 - Cessation of use or abandonment.

A.

A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B.

The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the zoning administrator of any discontinuation of operations of thirty days or more.

C.

Failure to inform the zoning administrator of cessation or discontinuation of operations of any existing facility as required by this chapter shall constitute a violation of any approvals and be grounds for:

1.

Prosecution;

2.

Revocation or modification of the permit;

3.

Calling of any bond or other assurance required by this chapter or conditions of approval of the permit;

4.

Removal of the facilities by the city in accordance with the procedures established under the McFarland Municipal Code for abatement of a public nuisance at the owner's expense; and

5.

Any other remedies permitted under the McFarland Municipal Code.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.111 - Removal and restoration, permit expiration, revocation or abandonment.

A.

Permittee's Removal Obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property within thirty days, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure to Remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within thirty days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the McFarland Municipal Code, and be grounds for:

1.

Prosecution;

Calling of any bond or other assurance required by this chapter or conditions of approval of permit;

3.

Removal of the facilities by the city in accordance with the procedures established under the McFarland Municipal Code for abatement of a public nuisance at the owner's expense; or

4.

Any other remedies permitted under the McFarland Municipal Code.

C.

Summary Removal. In the event the zoning administrator determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the zoning administrator may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty days, the facility shall be treated as abandoned property.

D.

Removal of Facilities by City. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the McFarland Zoning Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city due to exigent circumstances.

(Ord. No. 001-2019, § 2, 1-24-19)

Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of the McFarland Municipal Code, including but not limited to obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this chapter and other provisions of the McFarland Municipal Code, this chapter shall control.

(Ord. No. 001-2019, § 2, 1-24-19)

17.139.113 - Effect of state or federal law.

In the event that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the zoning administrator rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the zoning administrator shall be imposed and administered as reasonable time, place and manner rules.

(Ord. No. 001-2019, § 2, 1-24-19)

Chapter 17.140 - OIL AND GAS PRODUCTION

Sections:

A.

It is declared to be the purpose of this chapter to establish reasonable limitations, safeguards and controls with respect to the future drilling for, development and production of oil, gas and other hydrocarbon substances within the city.

B.

Such limitations, safeguards and controls are deemed necessary in the public interest to insure practices which will permit the economic recovery of the maximum amount of oil, gas and other hydrocarbon substances but which will also take into consideration the surface uses of land as such uses are indicated by the value and character of the existing improvements in or near localities where oil and gas operations are conducted, the desirability of the area for residential or other uses, and other factors relating to the public health, safety and general welfare.

C.

It is recognized that in regulating the surface use of land for the development of such natural resources it is in the public interest that such regulations be of a character designed to impose the minimum burdens consistent with the maximum enjoyment of each use.

(Ord. 109 § 31.00, 1969)

Notwithstanding the provisions of any other part of this title, oil wells or well holes for the exploration for, development and production of oil, gas and other hydrocarbon substances may be drilled, operated and maintained, together with the installation and use of such equipment, structures and facilities as are necessary or convenient for such purposes, including but not limited to the initial separation of the oil, gas and water, and for the storage, handling, recycling and transportation of such oil, gas and water to and from the premises in the city, and the owner or operator thereof shall not be required to obtain any permit

or variance as a condition precedent therefor, except as provided in this chapter. However, a variance may be granted to the provisions of this chapter according to the provisions of Chapter 17.148.

(Ord. 109 § 31.01, 1969)

In the M-3 general manufacturing zone, the A-2 general agricultural zone and the A-1 light agricultural zone, the following conditions shall apply: No review or permit shall be required for the drilling of any well hole for the exploration for, development and production of oil, gas and other hydrocarbon substances, or the installation of equipment, structures and facilities incidental thereto provided that all drilling installations and operations shall conform to state law and to fire and safety ordinances or regulations of the county and the city in force and effect and applicable; provided, further, that drilling shall not be commenced within one hundred feet of any residence then in existence without the written consent of the owner thereof.

(Ord. 109 § 31.02, 1969)

In the R-1 one-family dwelling zone, R-2 two-family dwelling zone, R-3 limited multiple-family dwelling zone, R-4 multiple-family dwelling zone, R-S suburban residential zone, E estate zone, E-1 estate zone, E-2 estate zone, E-3 estate zone, E-4 estate zone, E-5 estate zone, E-6 estate zone, E-7 estate zone, C-O professional office zone, C-1 neighborhood commercial zone and C-2 commercial zone, the following conditions shall apply:

No person, firm or corporation shall conduct the drilling of any well, hole or holes for the exploration for, development and production of oil, gas and other hydrocarbon substances, or install any equipment, structures and facilities incidental thereto, in or upon lands within the zones specified in this section without first having applied for and obtained, by payment of the fee provided in this chapter, a conditional use permit from the planning commission so to do. No plant for the refining of petroleum products from such operation shall be permitted under this title. The procedure for the filing of applications, investigation, notices, public hearings, findings and appeal shall be the same as provided in this code for variances, in Sections 17.148.050, 17.148.070, 17.148.080, 17.148.090 and 17.148.100, except that the planning commission may waive public hearing if all of the owners of surface rights within three hundred feet of the proposed site consent in writing. Such permit shall provide that all drilling and producing operations conform to conditions No. 1 through No. 10, inclusive, as hereinafter set forth, and one or more of conditions No. 11 through No. 15, inclusive, if applicable and determined as hereinafter set forth, except

that upon request of the applicant, at or subsequent to the time the permit is issued, the planning commission, by specific action in each instance, may waive any one or more of such conditions if it finds that such waiver will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof.

1.

That no oil or gas well shall be drilled within one hundred feet of any public highway or within one hundred fifty feet of any residence constructed prior to the commencement of such drilling, without the written consent of the owner thereof.

2.

That all drilling and producing shall conform to all applicable fire and safety regulations.

3.

That no signs, other than directional and warning signs and those required for identification of the well shall be constructed, erected, maintained or placed on the premises or any part thereof except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well.

4.

That suitable and adequate sanitary toilet and washing facilities, approved by the Kern County department of health, shall be installed and maintained in a clean and sanitary condition at all times.

5.

That proven technological improvements generally accepted and used in drilling and production methods shall be adopted as they may become from time to time available if capable of reducing factors of nuisance and annoyance.

6.

That the derrick, all boilers and all other drilling equipment used pursuant to this section to drill any well hole or to repair, clean out, deepen or redrill any completed or drilling well, shall be removed within ninety days after completion of production tests following completion of such drilling, or after abandonment of any well, unless such derrick, boilers and drilling equipment are to be used, within a reasonable time limit determined by the planning commission, for the drilling of another well or wells on the premises.

7.

That after any well has been placed on production, no earthen sumps shall be used for storage of petroleum.

8.

That within ninety days after any well has been placed on production or after its abandonment earthen sumps used in drilling or production, or both, unless such sumps are to be used within a reasonable time limit determined by the planning commission for the drilling of another well or wells, shall be filled and the drilling site restored as nearly as practicable to a uniform grade.

9.

That any derrick used for servicing operations shall be of the portable type; provided, however, that upon presentation of proof that the well is of such depth or has such other characteristics, or for other cause, that a portable type derrick will not properly service such well, the planning commission may approve the use of a standard type derrick.

That prior to the drilling or deepening of any well, the permittee shall file with the city council a satisfactory corporate bond in favor of the city in the sum of five hundred dollars per well or two thousand five hundred dollars for five or more wells, executed by the permittee as principal and by an authorized surety company as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this section in drilling, redrilling or deepening any well or wells covered by the bond, and shall secure the city against all losses, charges and expenses incurred by it to obtain such compliance by the principal named in the bond.

The following additional conditions, Nos. 11 through 15, inclusive, may be added by the planning commission if deemed necessary or desirable to protect the public health, safety, comfort, convenience and general welfare:

11.

That all oil or gas produced shall be carried away by pipelines or, if produced into and shipped from tanks located on the premises, such tanks shall be surrounded by shrubs or trees, planted and maintained so as to develop attractive landscaping and, insofar as practicable, screen such tanks from public view.

12.

That except in case of emergency, no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered or removed from the drilling site, except between the hours of eight a.m. and eight p.m. of any day.

13.

That adequate fire fighting apparatus and supplies, approved by the county fire department, shall be maintained on the drilling site at all times during drilling and production operations.

14.

That pumping wells shall be operated by electric motors or muffled internal combustion engines, and the height of all pumping units shall be not more than twenty feet. All permanent equipment shall be painted and kept in a neat condition. All producing operations shall be as free from noise as possible with modern oil operations.

15.

That the drilling site shall be fenced or landscaped as prescribed by the planning commission.

If a producing well is not secured upon land subject to the permit within twelve months from the date of issuance of the permit, or within any extended period thereof, the permit shall expire and the premises shall be restored to their original condition as nearly as practicable so to do. No permit shall expire, however, while the permittee is continuously conducting drilling, redrilling, completing or abandoning operations, or related operations, in a well on the lands covered by the permit, which operations were commenced while the permit was otherwise in effect. For the purposes hereof, "continuous operations" are operations suspended not more than thirty days. If at the end of the twelve-month period the permittee has not completed his drilling program on the lands covered by the permit, the planning commission may, upon a

written request of the permittee, extend the permit for the additional time requested by the permittee for the completion of the drilling program.

(Ord. 109 § 31.03, 1969)

In the M-1 limited manufacturing zone and the M-2 light manufacturing zone, the following conditions shall apply:

A.

No person, firm or corporation shall drill any well hole for the exploration for, development and production of oil, gas and other hydrocarbon substances, or install any equipment, structures and facilities incidental thereto, without first having applied for and obtained, by payment of the fee provided in this chapter, an oil well counter permit from an authorized employee of the planning commission. The permit shall provide that all drilling and producing operations conform to conditions Nos. 1 through 10, inclusive, as specified in Section 17.140.040, except that upon request of the applicant, at or subsequent to the time the permit is

issued, the planning commission, by specific action in each instance, may waive any one or more of such conditions if it finds that such waiver will not result in material detriment to the public welfare or to the property of other persons located in the vicinity thereof. No plant for the refining of petroleum products from such operation shall be permitted under this chapter.

(Ord. 109 § 31.04, 1969)

17.140.060 - Filing fee for oil well drilling.

A.

No filing fee shall be collected for unrestricted drilling under the provisions of Section 17.140.030.

B.

The city shall charge and collect the following fees for the purpose of defraying the expenditures incidental to the proceedings described in this chapter:

1.

A fee of thirty-five dollars shall be collected for each conditional use permit granted under the provision of Section 17.140.040. An additional fee of thirty-five dollars shall be paid by the permittee for each well (after the first well) drilled upon lands covered by a conditional use permit.

2.

A fee of five dollars shall be collected for each counter permit issued under the provisions of Section 17.140.050. An additional fee of five dollars shall be paid by the permittee for each well (after the first well) drilled upon lands covered by a counter permit.

(Ord. 109 § 31.05, 1969)

CHAPTER 17.142 - SIGNS[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 0009-2023, § 2, adopted September, 14, 2023, repealed the former Chapter 17.142, §§ 17.142.010—17.142.140, and enacted a new Chapter 17.142 as set out herein. The former Chapter 17.142 pertained to outdoor signs and was derived from Ord. No. 312-2006, adopted July 20, 2006.

A.

The purpose of this chapter is to promote the growth of the city in an orderly manner and regulate sign structures in compliance with the Outdoor Advertising Act as codified in Business and Professions Code sections 5200 et seq. Signs that cause distraction and represent potential safety hazards as well as aesthetic problems are either discouraged or prohibited. Although signs can be overwhelming and a nuisance, when managed properly they can be considered an essential economic and visual element of any community. It is the city's policy and intent to regulate all signs in a manner that is consistent with applicable state and federal laws. Through the following general objectives and provisions of the chapter, the city intends to:

1.

Enhance the economic and aesthetic value of the community through regulation of such things as types, number, area, height, location, and illumination of signs.

2.

Encourage signs that are harmonious with adjacent land uses and projects.

3.

Enhance the character and attractiveness of commercial properties. As well as increasing property values by prohibiting obstructive or incompatible signs.

4.

Ensure signs are expressive and serve primarily in identifying, attracting, and directing people to various activities and enterprises.

5.

Regulate the number of signs to ensure quality of appearance and prevent sign clutter.

Promoting and maintaining healthy commercial centers and property values by minimizing unsightly competition among signs.

7.

Encourage signs that are well-designed aesthetic, provide an incentive, and are properly related and spaced.

8.

Encourage a desirable urban character and small-town image.

9.

Provide a reasonable amortization period for the removal of non-conforming signs.

10.

All while preventing adversely effecting residential neighborhoods.

(Ord. No. 0009-2023, § 2, 9-14-23)

A.

For the purposes of this chapter the following terms as used herein are defined as follows:

"Advertising sign" means shall mean a rigidly assembled sign display or device attached or affixed to the ground or attached to the building or other inherently permanent structure including the advertising display's supporting structure, which constitutes or is used for the display of a commercial message to the public which may or may not exclusively pertain to the premises on which the display is located.

"Conforming signs" means signs that are in accordance with a set of standards, expectations or specifications of this chapter.

"Display surface" means the area made available by the sign structure for the purpose of displaying the advertising message.

"Nonconforming [signs]" means signs that were lawfully placed, but that do not conform to the provisions of this chapter that were enacted subsequent to the date of placing said sign. This also encompasses signs that were lawfully in existence outside the city limits prior to annexation of that property where the sign is located into the city and signs that where lawfully in existence prior to any zoning changes or amendments to this chapter rendering the signs not in compliance with this chapter.

"Off-site advertising sign" means all signs intended or used to advertise, inform, or attract the attention of the public to activities conducted on property other than the property where the sign is located.

"Outdoor advertising business" means shall mean the business or occupation of placing, erecting, constructing, or maintaining of advertising signs.

"Sign" means any card cloth, paper, metal, painted, stone, concrete or wooden surface of any character placed for purposes of delivering a message on or affixed to the ground or any wall tree bush, rock, fence, building, structure or thing, either publicly or privately owned, which includes advertising signs as defined herein.

(Ord. No. 0009-2023, § 2, 9-14-23)

17.142.030 - Permanent sign standards for allowable signs.

The following are standards for specific types of signs. Each sign must comply with the sign type, area height and other restrictions provided by this section in addition to the provisions of Section 17.142.040.

Table 1. Sign Regulations by Use

(Ord. No. 0009-2023, § 2, 9-14-23)

A.

Change or Vacation of Business. When the name of a business or the location changes, or upon vacating a business location, the business or property owner shall remove the sign copy that advertised the previous business. At no time shall a sign cabinet remain empty and without a copy panel so that the internal lighting and electrical fixtures are exposed. During any period when a sign cabinet is not being utilized for identification of a business, a blank opaque panel (face) shall be installed in the sign cabinet structure.

B.

Frontage Allocation Not Transferable. No sign or sign area allowed on one frontage shall be transferred to another frontage.

C.

Murals and Prints. Prior to painting or installing a mural on any building in the city of McFarland, an application shall be submitted for review by the community development department. The community development department will then make recommendation to the planning commission who will approve, conditionally approve or deny any proposed mural.

1.

Murals shall only be permitted on the side or rear walls of buildings.

2.

No part of a mural shall be illuminated or contain electrical or mechanical components, or changing images, or automated methods that result in movement, the appearance of movement, or change of mural image or message.

3.

The mural's theme, content, scale and layout shall reflect consideration of its location, surrounding properties and the environment.

4.

Paint, or any other medium that is to be applied to the mural shall be appropriate for use in an outdoor setting for an artistic rendition and shall be of a permanent, long-lasting variety.

D.

Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding public rights-of-way, street, roads, or neighboring properties. The following standards shall apply to all illuminated signs:

1.

External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2.

Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding fifteen watts.

3.

Light sources (e.g., light bulbs) used for externally illuminated signs shall not be visible within one hundred feet of any residential zoning district. Internally illuminated signs visible from any residential zoning district

shall not be illuminated between the hours of eleven p.m. and six a.m. unless they identify as an establishment open for business during those hours.

4.

Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the community development director may grant a waiver of this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.

5.

Signs with electrical components shall be constructed inspected and approved by the Underwriters Laboratories (UL) or equal and a label of approval from the laboratory shall be affixed to the sign in plain view.

6.

Only energy conserving light sources — LED or equivalent.

E.

Maintenance.

1.

All signs and sign structures including those otherwise specifically exempt from the provisions of this chapter, including all parts, portions, and materials shall be maintained in good repair and structurally sound. The display surface of all signs shall be kept clean neatly painted and free from rust and corrosion. Banners shall be replaced if tattered or worn. Any cracks, broken surfaces, malfunctioning lights, missing sign copy, or other unmaintained or damaged portion of a sign shall be repaired or replaced within thirty calendar days following notification by the city, on compliance with the notification shall constitute a public nuisance.

F.

Alterations.

1.

Existing signs shall not be physically altered (except for routine general maintenance and repair) moved, or relocated unless the sign complies with all provisions of this chapter. Legal, nonconforming signs shall comply with the requirements of the on conforming signs section.

G.

Removal.

When a sign is removed or replaced all brackets, poles and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

H.

Businesses.

1.

All businesses in C-0 C-1, C-2 M-1, M-2 and M-3 are required to have a sign identifying the business.

(Ord. No. 0009-2023, § 2, 9-14-23)

Nothing in this chapter prohibits the city of McFarland from enforcing the provisions of this chapter against non-conforming signs and conforming signs by exercising its power to remove the sign pursuant to California Business and Professions Code Section 5412.

The following provisions are applicable to non-conforming signs:

A.

Continuation and Maintenance.

1.

A legal non-conforming sign may be continued except as provided in subsection C of this section, or unless ordered discontinued modified or removed as a public nuisance in compliance with the municipal code.

2.

Routine maintenance and repairs may be performed on a non-conforming sign.

3.

A non-conforming sign shall not be replaced altered reconstructed relocated or expanded in any manner unless and until the sign is made to conform with the provisions of this chapter. This shall not be construed to prevent ordinary maintenance and minor repairs as required by the building inspector.

A.

Alterations and Enlargements.

1.

Each non-conforming sign shall be made to conform to the provisions of this chapter or removed at the sole cost of the owner thereof when any of the following events occur:

a.

There is a change in ownership of the property inheritance by a member of a deceased owner's family shall not be deemed to constitute a change in ownership;

b.

There is a change in ownership of the sign or advertising sign. If the sign is owned by an outdoor advertising business, any change of forty-nine percent or more of the ownership interest in the outdoor advertising business shall constitute a change in ownership of the sign or advertising sign;

c.

A sign permit has been issued pursuant to the provisions of this chapter permitting the installation or construction of a new or additional sign on the property.

2.

Nonconforming signs shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and current standards for sign area height, setback or illumination.

C.

Restoration.

1.

A non-conforming sign destroyed or damaged to an extent exceeding fifty percent of its replacement cost immediately prior to deconstruction or damage, shall not be continued in use or maintained thereafter and shall be removed or made to conform with the provisions of this chapter within thirty days of the date of said destruction or damage.

2.

If a non-conforming sign reaches a state of disrepair or dilapidation and is not removed or made to conform to the provisions of this chapter within thirty days of the date of said damage or destruction, whereby the same constitutes or tends to constitute a hazard to the health, safety and welfare of the citizens of the city of McFarland the same shall be declared a public nuisance and after due notice and opportunity for a hearing thereon be abated by removal thereof.

(Ord. No. 0009-2023, § 2, 9-14-23)

A Temporary Sign Permit is Required. A temporary sign permit, issued by the community development department, shall be approved prior to the placement or erection of a promotional temporary sign in all nonresidential zoning districts.

A.

In recognition of the fact that provisions need to be allowed for temporary signs and signs notifying the public of services, events, and activities, the following specialized signs are allowed under the conditions stated:

1.

Event signs.

a.

Event signs may be approved by the community development director as a means of publicizing events, such as grand openings, carnivals, parades, charitable events, community holiday activities, and other events. The events can be commercial or non-commercial. Special event signs shall be limited to the following provisions:

i.

Special event signs within windows shall be limited to covering no more than twenty-five percent of the window area per building elevation of the ground floor only;

ii. Signs shall be limited per business or property owner to forty-five days per calendar year. This time may be utilized in any combination of durations; however, the number of special events shall not exceed five per calendar year, and those single events shall not exceed a duration of fifteen consecutive days.

2.

Sign shall not exceed a total area of one hundred feet, and may include the name, symbol or logo of the business or sponsor, but in no event shall such name or logo exceed one fourth the total committed copy area.

a.

Community development director shall determine whether or not sign comports to the purpose of the city's sign ordinance and the neighborhood surrounding its location and may limit the size and location of the sign to achieve the purpose of the sign ordinance.

B.

Durable Materials Required for Temporary Signs. They shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of nonrigid (e.g., paper) material.

C.

Temporary signs for the purpose of advertising current specials may be permitted on an ongoing or permanent basis provided they are mounted in a permanent structure which is architecturally compatible with the building and site, and which was designed and is maintained specifically for such purpose.

D.

Temporary signs and their components shall be promptly removed at the expiration of the temporary use permit.

E.

Temporary signs shall not be illuminated.

F.

A total of three offsite advertising signs for a twelve-month period containing any commercial or noncommercial message may also be approved by the community development director.

1.

The community development director shall also determine whether or not the sign comports with the purpose of the city sign ordinance and the neighborhood surrounding its location and may limit the size and location of the signs to achieve the purposes of the sign ordinance.

2.

No temporary sign can be approved, which adversely affects neighboring properties.

(Ord. No. 0009-2023, § 2, 9-14-23)

17.142.070 - Prohibited signs.

A.

The following signs are inconsistent with the purposes and standards of this chapter and are prohibited in all zoning districts except where noted:

1.

Cabinet (can) signs that are mounted flush against a building wall except for corporate logos. Cabinet signs with opaque backgrounds and illuminated letters are allowed as projecting signs only.

2.

Electronic message signs except time and/or temperature signs.

3.

Signs that advertise an activity, business, service, or product no longer conducted or sold on the premises thirty days after the discontinuance or abandonment except signs listed on or eligible for the city's vintage sign inventory.

4.

Signs that blink, flash, or move in any manner have any portions that move or have the appearance of moving except for signs listed in the vintage sign inventory, clocks, time, and temperature displays, and public service signs.

5.

Balloons, lighter-than-air devices, and inflatable signs and objects except as may be allowed through temporary sign permit.

6.

Banners, pennants ribbons, spinners streamers or other similar devices except as specifically allowed through a temporary sign permit.

7.

Any type of sign mounted on the roof of a building, including mansard roofs, and similar architectural rooflike elements.

8.

Advertising, banners, bills, cards, notices, placards, posters, signs, stickers, or other devices designated to attract attention of the public that are posted or otherwise affixed upon any street, street furniture, right-ofway, public sidewalk, crosswalk, curb, EV charging stations, lamppost, fencing, fire hydrant, tree, alley, telephone pole public telephone, lighting system, or other public alarm, or communication system.

9.

Signs emitting audible sounds, odors, or visible matter.

10.

Signs which simulate in color or design a traffic sign or signal or which make use of words symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic as determined by the planning commission.

11.

Signs utilizing paper, cloth, plastic, or any material that is permitted to hang loose or dangle from any sign.

12.

Any advertising sign permanently attached or affixed to the ground that does not contain the name of the person owning or maintaining the same plainly displayed thereon.

13.

Vehicle Signs of Any Type. Vehicles including trailers, wagons and similar utility vehicles shall not be utilized as support for any mobile, portable, or stationary signs or conspicuously parked or left standing so as to constitute a sign. There shall not be maintained on any vehicle or trailer parked in a public right-of-way, or on public or private property in order to be visible from a public right-of-way, which is attached to, located on or leaning against such vehicle or trailer, any sign for the purpose of providing advertisement of a business, service or products, directing people to a business activity located on the same or other property for any purpose. This prohibition shall not apply to standard advertising or identification practices where

order to be visible from a public right-of-way, which is attached to, located on or leaning against such vehicle or trailer, any sign for the purpose of providing advertisement of a business, service or products, directing people to a business activity located on the same or other property for any purpose. This prohibition shall not apply to standard advertising or identification practices where

such signs or advertising devices are painted on or permanently attached to a commercial or business vehicle used in the conduct of such business provide it is not parked on the site being advertised abutting a public right-of-way, to bumper stickers, to placards identifying the vehicle itself as being for sale, or to window stickers on vehicles in any vehicle sales lot.

14.

Other than allowed under Section 17.142.080 no sign shall be placed or maintained on property adjacent to a freeway highway or interstate highway within the city limits of the city of McFarland if the sign is designed to be viewed primarily by persons traveling on such freeway.

a.

The sign will be deemed to be designed to be viewed primarily by persons traveling on such freeway highway or interstate highway if the display surface is angled ninety degrees or less to the centerline of the subject freeway highway or interstate highway.

b.

Centerline of the freeway, highway or interstate highway means a line equidistant from the edges of the median separating the main traveled way of a divided highway or freeway or the centerline of the main traveled way of a non-divided highway or freeway.

c.

For purposes of this chapter, the terms freeway, highway, and interstate highway are defined by the California Outdoor Advertising Act, Business and Professions Code Sections 5212 (Freeway); 5213 (Highway) and 5215 (Interstate Highway). For the purposes of this chapter, these definitions are incorporated herein as though fully set forth.

15.

All signs intended or used to advertise, inform, or attract the attention of the public to activities conducted on property other than the property where the sign is located or also known as offsite advertising signs.

16.

Temporary signs shall not be illuminated.

17.

Signs are not allowed at home occupations.

(Ord. No. 0009-2023, § 2, 9-14-23)

17.142.080 - Exemptions from the permit requirements.

A.

The following signs are exempt from other requirements of this chapter if developed and maintained in compliance with the provisions of this section. All routine general maintenance and repair of signs shall be exempt from the building permit approval.

1.

Political Election Signs.

a.

Political election signs are permitted to be placed on private property in the city subject to the following regulations.

i.

Signs shall not be erected sooner than sixty days before the election and shall be removed within thirty days following the election;

ii.

The owner of the property on which the sign is placed shall be responsible for removal;

iii.

Signs shall not be placed on private property without the consent of the property owner. No such sign,

either free-standing or posted on any object, shall be placed, or erected on public property, within a public right-of-way, or by any maintained parkway-landscaped area.

iv.

Signs shall not exceed an area of twelve square feet and a height of six feet in residential districts, and twenty-four square feet and a height of eight feet in commercial/industrial/agricultural districts.

v.

Political signs may not be attached to trees, fence posts, or utility poles except on private property where written permission from the property owner has been obtained.

2.

Signs within Interior Spaces.

a.

Signs within an interior arcade, courtyard, mall, stadium, ballpark, or other similar private or public recreational use, not intended to be seen from a public street or adjacent property.

3.

Accessory Signs.

a.

Signs manufactured as a standard integral part of a mass-produced accessory to a commercial or public or semi-public use, including automated teller machines, gasoline pumps, and EV charging stations. The signs may contain the company's name and/or logo only. No advertising message shall be provided.

4.

Affiliation Signs.

a.

Signs that provide notices of services (e.g., credit cards accepted, trade affiliations). Signs or notices shall not exceed one square foot in area for each sign, and no more than three signs shall be allowed for each business.

5.

City-owned Signs.

a.

Signs owned and operated by the city for community benefit. This includes city light post banners.

6.

Site Address.

a.

Limited to two for each street address. Individual numbers and letters shall have a minimum height of four inches and width of two inches and shall not exceed a height of eight inches for residential uses and twenty-four inches for non residential.

7.

Identification Signs on Construction Sites.

a.

Such signs shall be limited to one directory or pictorial display sign per street frontage or entrance up to a maximum of two signs, identifying all contractors and other parties (including lender, realtor, subcontractors, etc.). Each sign shall not exceed thirty-two square feet in area and eight feet in height. Each sign shall be removed prior to issuance of certificate of occupancy.

8.

Future Tenant Identification Signs.

a.

One wall or freestanding sign may be placed on vacant or developing property to advertise the future use of an approved project and where contact information may be obtained. One sign per street frontage, not to exceed thirty-two square feet in area and eight feet in height.

9.

Residential Real Estate/Open House Signs.

a.

For residential sales, signs shall be limited to one per street frontage not exceeding four square feet in area and four feet in height, with no illumination.

10.

Traffic Control Signs.

a.

Any approved highway directional signs, railroad signal signs, public utility signs and other signs as required by law to regulate traffic and promote the public safety as long as the sign does not include a commercial business name or logo.

11.

Banners.

a.

Banners that are used on the property to which their message pertains and banners containing noncommercial messages that do not exceed fifty square feet in area may be used for a single period not to exceed thirty days. Banners, however, may not be displayed for more than sixty days in a single calendar year without first obtaining a permit pursuant to this chapter.

12.

Public/Community Message Signs.

a.

Notices posted on public bulletin boards or public kiosk designed for such notices.

b.

Community message signs that the city council may establish or erect, or have established and erected, on publicly owned non-residential property, other than a right-of-way, a community message sign.

13.

Freeway Oriented Signs.

a.

The planning commission may approve freeway-oriented signs identifying a premise where food, lodging and places of business engaged in supplying goods and services essential to the normal operation of motor vehicles, and which are directly dependent upon an adjacent freeway. These signs shall be subject to the following regulations in addition to the other regulations contained within this chapter:

i.

The signs shall be within C1, C2, PCD, M1, M2 or M3 zone districts; and shall be within a close proximity to an off-ramp from State Highway 99;

ii.

The planning commission shall determine if the location and business and service offered satisfy the criteria and intent of this section, and the definition of a freeway oriented sign;

iii.

The planning commission shall also determine whether or not the sign comports with the purpose of the city's sign ordinance and the neighborhood surrounding its location and may limit the size and location of the sign to achieve the purpose of the sign ordinance;

iv.

The sign may be illuminated upon approval of the planning commission provided that the illuminated does not adversely affect neighboring properties or streets.

v.

Maximum of five hundred feet from the on and offramp.

(Ord. No. 0009-2023, § 2, 9-14-23)

17.142.090 - Construction and maintenance.

A.

All signs shall be constructed in compliance with all applicable building codes and electrical codes pertaining to construction and setbacks.

1.

Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this subsection. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations.

a.

Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces of twenty pounds per square foot of exposed surface.

b.

Seismic Loads. Signs and sign structures shall be designed and constructed to resist seismic forces in compliance with the city of McFarland's building codes.

2.

Materials. Materials utilized for signs and sign structures shall be of the quality and grade specified for buildings in the building code.

3.

The space below or surrounding the base of any sign erected pursuant to this chapter shall be kept clear of any debris, cables, loose materials other than those reasonably necessary to support the structure.

4.

All signs and sign support structures, together with their supports, braces, guys, and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times.

(Ord. No. 0009-2023, § 2, 9-14-23)

17.142.100 - Permits and permitting process.

A.

The permit requirements procedures are:

1.

Permits. A sign except for those identified in Section 17.142.080 of this chapter, shall not hereafter be painted, placed, pasted, printed, tacked, fastened, constructed, erected re-elected, installed, altered or otherwise constructed or maintained without first obtaining a permit from the city of McFarland in accordance with the provisions of this chapter. A permit shall be required for signs as set forth in this chapter and a separate permit shall also be required for each group of signs on a single supporting structure. Additionally, electrical permits shall also be obtained from the building inspector for all electrified signs.

2.

Application for Sign Review and Permit. Application for sign review and permit shall be made in writing on forms furnished by the city clerk. The application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owners of the sign structure and the real property where it is to be located and the sign contractor or erector. All sign applications shall include a scale drawing and be prepared in such a manner as to accurately reflect the final product and materials used. The planning commission may require the filing of plans or other pertinent information when such information is necessary to ensure compliance with this chapter.

Review of Sign Review Application. All sign applications will be reviewed by city planner prior to going to planning commission for determination. Sign may also be reviewed by the city engineer.

4.

Sign Review Fees. A sign review fee shall be paid to the city at the same time the sign review application is submitted for consideration. The amount of the fees be in accordance with the fee schedule established by resolution of the city council. Sign review deposit is made with application submittal.

5.

Timing of Decision on Permit Application. All applications for permits to erect, reerect, construct, alter, or re-locate a sign within the city of McFarland will be voted on by the planning commission within one hundred twenty days of the receipt of the completed application and full payment of the application fees.

a.

The applicant will be notified by the planning commission's decision in writing within fourteen days of this vote. Said notification will be sent via U.S. mail to the address stated in the application.

b.

Should the planning commission request additional information or documentation from the applicant said time for voting will not commence to run until the applicant has complied in full with the planning commission's requests.

c.

The failure of the planning commission to vote and/or to mail the notice of decision to the applicant as stated above will result in the automatic denial of the application which is immediately appealable to the city council of the city of McFarland.

6.

Sign review Denial—Sign review Revocation and Appeals.

a.

All rights and privileges acquired under a permit issued pursuant to this chapter or any amendment thereto, are mere licenses revocable at any time by the planning commission and all such permits shall contain this clause.

b.

Permit issued in accordance with this chapter shall be revoked by the planning commission if it is found that the permit holder has erected and maintained any sign in violation of this chapter.

c.

Should any applicant who has had his application for a permit denied or any permit holder who has had his permit revoked is dissatisfied with the planning commissions decision, may, no later than ten days after the notice of such decision was deposited in the United States mail make written objection to the city council and filed with city clerk. Said objection will be set on the agenda and addressed at the next regularly scheduled meeting of the city council of McFarland no later than ninety days following the filing of the objection with the city clerk of the city of McFarland. The applicant or permit holder shall be given written notice of the hearing no less than three days prior to the hearing. The city council may sustain suspend, or overrule the decision of the planning commission, which decision shall be final and conclusive.

d.

Pending the hearing, any sign existing pursuant to a permit that has been revoked may remain in place until a final decision is rendered by the city council.

7.

Sign Permit.

a.

After planning commission determination, building inspector will review for permit consideration.

b.

A permit fee will be due to the building inspector at time of permit issuance.

8.

Signs Erected Pursuant to Permit. All signs constructed pursuant to a permit issued by the city of McFarland shall be subject to the requirements of the building codes and ordinances of the city of McFarland.

(Ord. No. 0009-2023, § 2, 9-14-23)

Chapter 17.144 - AUTOMOBILE PARKING REGULATIONS[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 038-2014, § 1, adopted July 24, 2014, repealed the former Chapter 17.144, §§ 17.144.010—17.144.100, and enacted a new Chapter 17.144 as set out herein. The former Chapter 17.144 pertained to similar subject matter and derived from Ord. No. 109, 1969; Ord. No. 149, 1976; Ord. No. 154, 1976 and Ord. No. 191 § 3, 1982.

The purpose of this chapter is to reduce street congestion and promote parking for the safety and convenience of the residents of the city of McFarland by requiring adequate requirements and well-

designed parking areas. Parking required by this chapter shall be provided prior to the occupancy of a new building or structure, the enlargement or intensification of a structure, or when use is established, changed or expanded. Projects which involve an increase or intensification of use shall comply with these standards for the expansion or intensification. The standards of this chapter are minimum standards. The regulations and standards of this chapter are intended to achieve the following:

A.

To provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking facilities;

B.

To reduce traffic congestion and hazards;

C.

To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent nonresidential land use districts;

D.

To assure the maneuverability of emergency vehicles;

E.

To provide appropriately designated parking facilities in proportion to the needs generated by varying types of land use.

(Ord. No. 038-2014, § 1, 7-24-14)

Uses permitted by this chapter shall provide off-street parking spaces according to Table 17-144(A).

(Ord. No. 038-2014, § 1, 7-24-14)

A.

All parking spaces shall comply with city-adopted improvement standards in Title 16 of the municipal code.

B.

Up to thirty percent of the spaces in a parking facility with ten or more spaces may be designed and designated for compact cars.

(Ord. No. 038-2014, § 1, 7-24-14)

Handicapped parking spaces shall comply with the requirements of Chapter 2.71 of Title 24 of the California Administrative Code. Handicapped parking requirements herein shall be established by the state of California. Any change in the state's handicapped parking requirements shall preempt the affected requirements of this section.

A.

Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designed for occupancy by the handicapped.

B.

Handicapped parking spaces shall be provided for all uses other than residential at the following rate:

C.

Handicapped parking spaces shall be designed in a manner consistent with the city standard drawings approved by the city engineer.

D.

Handicapped parking spaces required by this section shall count toward fulfilling off-street parking requirements.

(Ord. No. 038-2014, § 1, 7-24-14)

For every building or facility which requires the receipt or distribution of vehicles or merchandise and which are engaged in the following: manufacturing, storage, warehouse, wholesale or retail store, market, passenger terminal, theatre, hotel, motel, restaurant, hospital, laundry, dry cleaning plant, school or other similar use, adequate space for standing, loading, and unloading shall be provided and maintained on the same lot in addition to the automobile parking required by Table 17.144(A).

Every nonresidential land use shall have permanently maintained off-street loading areas pursuant to the following provisions:

A.

The following minimum number of loading spaces shall be provided for each use:

Commercial, industrial, office, institutional, hospital, hotels and schools:

B.

Design Standards. Off-street loading spaces shall be provided in the following manner:

1.

Access. When the lot upon which the loading space is located abuts an alley, the loading space shall have access from the alley.

2.

Dimensions. Required freight and equipment loading spaces shall not be less than fifteen feet in width and twenty feet in length or as determined by the planning director, with fourteen feet of vertical clearance.

3.

Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public right-ofway.

4.

Location. Loading spaces shall be located and designed as follows: (i) adjacent to, or as close as possible to the main structure; (ii) situated to ensure that all loading and unloading takes place on-site and in no case within adjacent public rights-of-way, or other traffic areas on site; (iii) situated to ensure that all vehicular maneuvers occur on site.

5.

Passenger Loading. Passenger loading spaces shall be provided in addition to any required freight and equipment loading spaces whenever required by a development permit. Passenger loading spaces shall not be less than ten feet wide and twenty feet long, shall be located in close proximity to the structure entrance, and shall not require pedestrians to cross a driveway, parking aisle, alley or street in order to reach the structure entrance. Required spaces shall not count as required parking spaces.

6.

Screening. All loading areas abutting residentially designated property shall have architectural screening similar to the primary structure and of a height that is adequate to screen noise and parking areas. In addition, along the outer sound wall of the loading area, adequate area shall be provided to accommodate a permanently maintained and irrigated landscaped area. The required landscaping shall include trees.

7.

Security. All loading facilities shall be designed, constructed, and maintained with security as a priority to protect safety of users.

8.

Striping. Loading and unloading areas shall be striped indicating the loading spaces and identifying the spaces for loading only. The striping shall be permanently maintained in a clear and visible manner.

(Ord. No. 038-2014, § 1, 7-24-14)

17.144.060 - Location of parking.

A.

Required residential off-street parking facilities shall be located on the premises they are intended to serve.

B.

Off-street parking for other than residential uses shall be located on the premises they are intended to serve. Where required parking is provided on a site other than that of the principal use, the property owner shall file on a form provided by the city of McFarland planning department with the Kern County recorder's office a covenant approved by the planning director that provides for the maintenance of the parking facility as long as the associated principal use is maintained.

C.

Parking shall not be allowed in the front or street side yard setbacks in any zone with the exception of a single-family dwelling.

(Ord. No. 038-2014, § 1, 7-24-14)

If more than one user required to provide parking spaces in accordance with this chapter occupies the same or adjacent buildings, off-street parking shall be provided in an amount equal to the total number of spaces required for the separate uses; provided, however, that upon written request the planning director may reduce the number of spaces required in such cases by up to fifty percent if it can be determined based on substantial evidence that the combination of uses in the same or adjacent buildings or premises will, at periods of peak weekly hour use, necessitate provision of a lower number of parking spaces than if the uses were developed independently.

Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. The applicant shall have the burden of proof for a reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction. Public rights-of-way and/or on street parking shall not be used or counted to reduce the number of shared on-site parking spaces. Shared parking may be approved only if:

A.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;

B.

Satisfactory evidence, as deemed so by the director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate as to demonstrate the lack of potential conflict between them; and

C.

Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the commercial/industrial development.

(Ord. No. 038-2014, § 1, 7-24-14)

17.144.080 - Parking area design and development standards.

Off-street parking areas required to be provided by this chapter shall be designed and developed in accordance with Table 17.144(A) and the following standards:

A.

All off-street parking areas and ingress and egress to parking areas, including areas occupied by automobile sales lots, service stations, drive-in establishments, residential, recreation, entertainment and tourist facilities, commercial, industrial, institutional, and other high intensity uses, parking areas shall be surfaced with a minimum two inches of asphaltic concrete over a four-inch aggregate base, in accordance

with public works standards for local roadways, unless a higher index is determined to be necessary by the city engineer.

B.

In the cases of uses subject to discretionary approval, the required parking areas shall be surfaced with materials specified in accordance with the conditions of approval.

C.

Parking aisles shall comply with the following minimum standards:

==> picture [409 x 188] intentionally omitted <==

==> picture [408 x 166] intentionally omitted <==

==> picture [216 x 198] intentionally omitted <==

D.

All spaces shall be clearly marked.

E.

Off-street parking facilities shall be designed so that each space can function independently of any other space. Tandem space shall not be permitted.

F.

All parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. Parking spaces which require backing onto a street or road right-of-way are prohibited except in the case of driveways for single-family and duplex residential dwellings.

G.

No parking space shall be located so that a vehicle will maneuver within twenty feet of a vehicular entrance measured from the face of the curb.

H.

Off-Street Residential Parking Design Criteria. Off-street residential parking areas shall be designed and developed in accordance with the following standards:

1.

Single-Family.

a.

Each residential unit requires two covered spaces, which must be accessed from a paved surface approved and designed to city of McFarland standards;

b.

Each single-family dwelling unit that has street access shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet;

c.

Accessory dwelling units shall be required to provide one covered space per bedroom.

2.

Multifamily.

a.

All multifamily developments shall be required to provide parking as required by Table 17.144(A);

b.

Multifamily developments with four or fewer units shall have a drive approach a minimum of twelve feet in width with a minimum vertical clearance of fifteen feet. Multifamily developments with five or more units shall have a drive approach a minimum of twenty feet in width with a minimum vertical clearance of fifteen feet;

c.

Off-street parking spaces shall be located within one hundred fifty feet from the dwelling unit (front or rear door) for which the parking space is provided;

d.

Driveway approaches within multifamily developments of twelve or more units shall be delineated with interlocking pavers, rough textured concrete, or stamped concrete and landscaped medians;

e.

Projects with parking drives longer than two hundred fifty feet are not permitted;

f.

There shall be no more than ten contiguous single-loaded parking stalls;

g.

Each section of contiguous parking stalls shall be separated from each other by either a dwelling unit or a landscaped bulb not less than eighty square feet in area. Architectural elements such as trellises, porches or stairwells may extend into these landscaped bulbs;

h.

A parking lot plan shall be submitted in accordance with Section 17.144.110 for review and approval by the community development director.

I.

All commercial and industrial developments shall have a drive approach a minimum of twenty feet in width with a minimum vertical clearance of fifteen feet.

J.

Only one drive approach is allowed per frontage for single-family dwellings unless approved by the planning department. Any drive approach shall require an encroachment permit issued by the city of McFarland public works department.

K.

Where a parking facility containing five or more spaces abuts property zoned for residential, the parking facility shall be separated from the abutting property by a solid masonry wall six feet in height, except that from the property line to the depth of the front yard setback shall be four foot in height.

L.

For all parking lots containing six or more spaces, at least five percent of the total parking area shall be landscaped. This landscaping shall be in addition to any other landscaping required pursuant to Chapter 17.146. Trees shall be planted and maintained throughout the parking area at a minimum ratio of one tree per six parking spaces to achieve a fifty percent shade coverage of the parking area within ten years of installation. A landscaped planter of at least eighty square feet shall be provided at least every ten parking spaces. Trees shall have a minimum trunk diameter of two inches at four feet above finished grade. Landscaping materials and trees shall be selected from a list of approved trees as may be established by the planning director.

M.

Where a parking facility containing five or more spaces includes diagonal and/or perpendicular parking spaces that abut public street or road, an ornamental fence, wall, vegetation and/or earth berm of not more than four feet in height shall be erected between the parking facility and the street so as to eliminate headlight glare.

N.

Lights used to illuminate parking areas shall be directed away from any adjacent properties and/or streets.

O.

Where parking areas adjoin a public right-of-way, a ten-foot landscaped planting strip shall be established and continuously maintained between the public right-of-way and parking area. Any planting, sign, or other structure within safety sight-distance of a driveway shall not be higher than thirty inches in height or lower than sixty inches (in the case of tree canopies) similar to defined site triangles.

P.

All areas in parking lot not used for driveways, maneuvering areas, parking spaces or walks shall be permanently landscaped with suitable materials and permanently maintained.

Q.

A permanent automatic irrigation system shall be installed and permanently maintained in all landscaped areas. The system shall employ state of the art water conservation technology, and recognize differing irrigation needs of various plant materials.

R.

The landscaping plan shall be provided consistent with Chapter 17.146 and shall include a variety of plant materials, with an emphasis on drought-tolerant species, for the appropriate climate zone. This plan shall be subject to approval by the planning director.

S.

To increase parking lot landscaped area, a maximum of three feet of the parking stall depth may be landscaped in lieu of asphalt while maintaining the required parking dimensions. Shrubs and trees shall be arranged in such a way as to avoid damage from the front of parked cars extending into the planter areas.

T.

All parking structures shall be subject to approval by the planning director, and shall have a continuous tenfoot perimeter landscaping with trees every thirty lineal feet; points of ingress/egress shall include a minimum six-foot-wide landscaped island with accent paving in driveway; landscaping shall be permanently irrigated and maintained; and lighting for the aboveground deck shall not exceed four feet in height.

U.

Security. All parking facilities shall be designed, constructed and maintained with security as a priority to protect the safety of the users.

(Ord. No. 038-2014, § 1, 7-24-14)

17.144.090 - Vehicle storage area design and development standards for nonresidential zones.

Off-street vehicle storage areas shall be designed and developed in accordance with the following standards:

A.

All vehicle storage areas shall be in connection with the operation of a lawfully constructed vehicularoriented business.

B.

All vehicle storage areas shall be surfaced with a minimum of two inches asphaltic concrete over a fourinch aggregate base, in accordance with the public works standards for local roadways. An alternative

surface material may be approved for vehicle storage areas in the C-2 (commercial zone), M-1 (limited manufacturing), M-2 (light manufacturing), and M-3 (general manufacturing) zone districts by the community development director.

C.

Parking aisles shall be provided and comply with the minimum standards found in Section 17.144.080(C).

D.

All vehicle storage areas shall be accessed from a drive approach that is a minimum twenty feet in width with a minimum vertical clearance of fifteen feet. Said drive approach shall be constructed to city standards.

E.

Any lighting of the vehicle storage area shall be directed away from adjacent properties and public rightsof-way and shall be approved by the community development director.

F.

All vehicle storage areas shall be completely screened from view by a permanent six-foot-high solid opaque fence or wall.

(Ord. No. 038-2014, § 1, 7-24-14)

Bicycle parking shall be required for certain land and structural uses in order to eliminate bicycles from becoming obstacles in designated pedestrian areas. Bicycle parking spaces in the form of bicycle racks shall be provided in the following manner:

A.

Bicycle Parking Requirements.

1.

Bicycle parking area shall be clearly marked.

2.

Bicycle parking areas shall be located away from vehicular maneuvering areas and away from blind curves and driveway entrances.

Bicycle parking may not be located in public rights-of-way unless approved by the appropriate review authority. Under no circumstance shall bicycle parking be located in pedestrian or vehicular travel paths.

4.

All bicycle parking spaces shall be located on the same parcel as the structure or use, unless approved otherwise by the review authority.

5.

Bicycle parking spaces shall be located within one hundred feet from the primary entrance for which the parking space is provided.

6.

Bicycle parking shall be provided by approved, industrial quality bicycle parking racks, shall not be obtrusive, and shall be compatible in architectural character (color, materials, etc.) with the primary structures on the parcel.

7.

All bicycle parking facilities shall be designed, constructed and maintained with security as a priority to protect safety of users.

8.

Bicycle parking areas shall be clearly visible and permanently maintained.

9.

Bicycle parking shall be located so that it reduces the potential for traffic interference and hazards.

10.

Bicycle parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rightsof-way.

11.

All required parking facilities shall be permanently maintained, free of litter, debris and graffiti.

B.

Shared Bicycle Parking. Bicycle parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or weekdays only.) The applicant shall have the burden of proof for a reduction in the total number of required bicycle parking

spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction.

1.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.

2.

Satisfactory evidence, as deemed so by the planning director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate as to demonstrate the lack of potential conflict between them.

(Ord. No. 038-2014, § 1, 7-24-14)

No use shall be established or changed, no development shall occur or be expanded, and no building or grading permit or business license for any use or development shall be issued until an application for offstreet parking plot plan review has been submitted to and approved by the planning director.

A.

Application Contents.

1.

Name and address of applicant.

2.

Name and address of property owner.

3.

Assessor's parcel number(s).

4.

Legal description of the property.

5.

A plot plan drawn (at the scale specified by the planning director) including the following:

a.

Topography and proposed grading specifications;

b.

Location of existing buildings and structures which are to remain;

c.

Location of proposed buildings and structures;

d.

Proposed uses of all buildings and structures;

e.

Dimensions of the existing and proposed structures and other information (e.g., seating capacity) which will allow planning director to determine the parking needs in accordance with Table 14.144(A);

f.

Layout proposed parking lot, including location of parking spaces, internal circulation pattern, and ingress and egress points;

g.

Dimensions of parking stalls and aisles;

h.

Location of landscaping and irrigation system, including identification of plant materials to be used;

i.

Location of lighting;

j.

North arrow.

B.

Review and Approval.

1.

Where a discretionary or ministerial approval is required for the use or uses for which the parking is being provided, the off-street parking plot plan application shall be reviewed and approved in conjunction with that discretionary or ministerial approval process.

2.

Off-street parking plot plan application shall be reviewed and approved in accordance with the standards and procedures set out in Chapter 17.134 of this title.

3.

No use shall be established or changed, no development shall occur or be expanded, and no building or grading permit or business license for any use or development shall be issued until an application for offstreet parking plot plan review has been submitted to and approved by the appropriate review authority.

4.

No structures shall be permitted or constructed unless off-street parking spaces are provided in accordance with the provisions of this chapter.

5.

The word "use" shall mean both type and intensity of use, and a change in use shall be subject to all the requirements of this chapter.

6.

When a structure is enlarged or increased in parking intensity, additional parking spaces shall be provided in accordance with the provisions of this chapter. Adequate spaces shall be provided for the expanded area, and the intensification of use.

C.

Permit Revocation and Modification. Any permit issued pursuant to this chapter may be revoked or modified pursuant to Section 17.148 of this title.

TABLE 17.144(A)

(Ord. No. 038-2014, § 1, 7-24-14)

Chapter 17.146 - LANDSCAPING AND IRRIGATION

17.146.010 - Purpose and application.

The purpose of this chapter is to ensure that development is aesthetically pleasing and compatible with surrounding development by requiring the provision of adequate landscaping in connection with new development and the expansion of existing development and changes in use.

(Ord. No. 032-2013, § 1, 8-8-13)

A.

All projects for which site plan approval is required, shall install and maintain landscaping in accordance with the requirements of this chapter; provided however, these landscape requirements shall not apply to projects where a current use is expanded but the valuation of the building permit is less than twenty-five percent of the appraised value.

B.

All landscaping and irrigation required under these standards shall be installed prior to the issuance of a certificate of occupancy.

(Ord. No. 032-2013, § 1, 8-8-13)

17.146.030 - Landscaping standards—Generally.

If landscaping is required, landscape and irrigation plans shall be submitted as a part of the building plans. The following design standards shall apply:

A.

All areas within a required setback shall contain living ground cover or a combination of living and nonliving ground coverings (nonliving to be a maximum of twenty percent). Parking shall not be allowed within the front or street side setback in any zone, and shall be fully landscaped as set forth herein. All plants within required setbacks to be of species suited to Sunset Western Garden Book Climate Zones 8 and 9. The use of low water varieties, grouped by similar water usage is required.

1.

Definition. "Living groundcover" means low-growing plants or shrubs that after being planted will grow together to form a solid cover in one year or less. To achieve desired coverage, low-growing groundcover plants taken from flats shall be planted a maximum of twelve inches on center. Low-growing, shrub type groundcovers in one-gallon cans shall be planted a maximum of two feet on center. Spacing may be increased to three feet on center for fast growing plants as approved by the planning division.

2.

Definition. "Nonliving groundcover" means forest humus or walk-on bark, rock and other similar materials. Use shall require permission of the planning director.

All soil surfaces are to be covered by plant materials or nonliving groundcovers as defined in subsection (C) (5)(b) of this section. At least two inches of nonliving materials shall be applied to all planting areas except turf.

B.

Islands of a minimum area of eighty square feet shall be established at a maximum separation of ten continuous parking stalls. The islands shall be landscaped with groundcovers and with a minimum of one fifteen-gallon tree planted in each island. Actual numbers of trees will be based on the size of the project as determined by the planning director.

C.

All landscaping as required in this chapter shall be reviewed by the planning director as to the type, density of planting and size of plants intended for use. All landscaped areas shall be permanently maintained by the property owner. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance.

D.

All landscaped areas in commercial, industrial, and multifamily projects shall be surrounded with six-inch high concrete curbing, unless waived by the planning director or planning commission.

E.

Buffer planting shall occur along freeways and major arterials in order to visually screen uses and provide noise reduction. The landscaping shall be in addition to screening requirements set forth in this chapter.

F.

Trees:

1.

Spacing of trees to be variable depending on type and eventual size, but that there be a general minimum standard of one tree with a minimum trunk diameter of two inches at four feet above finished grade at time of planting, for each thirty lineal feet of frontage of a required landscaped setback, exclusive of vehicular site lines and shall not be planted within five feet of any curb, gutter or sidewalk unless a root directing device is used.

2.

Trees to be used in parking lots shall be of a type that will form a full head on a single trunk, i.e., Chinese Elm, Chinese Pistache, Golden Rain, Valley Oak or other approved species. All trees planted within public right-of-way shall be consistent with the City Street Tree Master Plan.

3.

Where trees are planted in paved areas which are unprotected by curbs they shall have a protective tree grate or equivalent device. Tree grates shall be cast iron with a natural finish. A deep root-directing device shall also be used.

4.

Tree planters located in parking areas shall be sufficiently large and protected so that a parked car does not extend into the minimum four-foot by four-foot tree planting area which shall be landscaped with groundcover, shrubs and/or climbing plants.

G.

Shrubs.

1.

At least seventy-five percent of shrubs planted shall be of five-gallon minimum size. One-gallon plants may be used if planted with approved low water-using varieties.

2.

Shrubs within a required setback shall be spaced in such a way so that at maturity the plants will provide eighty percent ground coverage.

H.

Mounding.

1.

Mounding or low-growing shrub areas along street frontages may be used to screen parking areas and shall not exceed a 1:7 slope and shrubs shall be low-growing varieties with a mature height of four feet or less. Steeper slopes may be allowed if irrigated by drip systems.

2.

Mounding shall not be required for landscape areas which are ten feet, or less, in width.

3.

Mounds shall be compacted prior to planting to prevent excessive settlement.

4.

Black plastic shall not be used under wood chips on mounds, or slopes in general.

5.

Turf on mounds requires slope rates of 1:10 or less. Mounds with groundcovers require slope rates of 1:5 or less.

Mounds may not be used within site triangles, or in areas that will create hazards to pedestrians or motorists.

I.

Parking Lots.

1.

Trees shall be planted in all parking lots at a 1:6 ratio of trees to parking stalls.

2.

Such tree planters shall contain approved trees on twenty-foot centers or in such a manner as to have fifty percent shade coverage of the parking lot in ten years.

3.

Shrubs and trees to be arranged in such a way as to avoid damage from the front of parked cars extending into the planter areas.

4.

All landscaped areas shall be irrigated.

J.

Turf.

1.

Turf shall be limited to forty percent of the total landscape area and use low water-using varieties. Public parks, golf courses, cemeteries, schools, properties within a historic district, and residential office conversions are to be reviewed for exemptions on a project by project basis.

2.

No turf will be allowed:

a.

In traffic medians on arterials or freeways;

b.

Parkways or planting areas narrower than five feet;

c.

Storm drainage ponds with slopes in excess of 1:6;

d.

On mounds or slopes exceeding 1:10;

e.

Exceptions to turf in parkways may be granted by the planning division in cases where pedestrian access is necessary across parkways.

(Ord. No. 032-2013, § 1, 8-8-13)

17.146.040 - Landscaping standards—Single-family residential.

The following defines the landscape requirements for all new residential developments:

A.

A maximum of forty percent of the required front yard setback area may be paved for access to off-street parking or driveway access to off-street parking. An additional maximum of ten percent may be paved for walkways or uncovered patio use;

B.

Landscape and automatic irrigation shall be provided in the front yard setback area;

C.

The front yard setback shall be landscaped with a minimum of sod and two trees. Said trees shall be planted a minimum of ten feet from any common property line. If a landscaped area exists between the street and sidewalk then one of the required tress shall be planted in the landscape area. This would reduce the number of required trees in the front yard from two to one;

D.

All landscaping shall be watered by an automatic irrigation system;

E.

All sod shall be uniformly cut and fully mature prior to installation;

F.

All trees shall have a minimum trunk diameter of two inches at four feet above finished grade at time of planting, and be free of insect infestation, plant disease, sun scalds or any other objectionable disfigurements;

G.

All new trees shall be required to have heavy weight tree stakes to provide support;

H.

Any trees installed in a landscaped strip shall be required to have root barrier devices.

(Ord. No. 032-2013, § 1, 8-8-13)

The following defines the landscape requirements for all new residential developments:

A.

Ten percent of the developed lot or all open space area, whichever is greater shall be landscaped with either living ground cover or a combination of turf, living and non-living ground coverings (turf shall be a maximum of forty percent and non-living ground cover a maximum of twenty percent).

1.

"Living ground-cover" means low growing plants or shrubs that after being planted will grow together to form a solid cover in one year or less. To achieve desired coverage, low-growing groundcover plants taken from flats shall be planted a maximum of twelve inches on center. Low-growing, shrub type groundcovers in one gallon cans shall be planted a maximum of two feet on center.

2.

"Nonliving-groundcover" means forest humus, bark rock or other similar materials. Uses shall require approval of the planning department.

3.

All soil surfaces are to be covered by plant.

B.

Front yard and street side yard setback areas, excluding approved driveway entrances, maneuvering areas and public sidewalks shall be landscaped. Within this area, trees shall be planted no farther thirty feet apart and no closer than five feet from the back of sidewalks.

C.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained.

(Ord. No. 032-2013, § 1, 8-8-13)

17.146.060 - Landscape and irrigation plan requirements.

A.

A landscape plan shall be submitted for approval by the planning department and shall contain the following:

Name and address of the applicant.

2.

Name and address of property owner.

3.

Location of existing and proposed buildings, structures and parking areas where such structures are to remain.

4.

Proposed uses of buildings and structures.

5.

Proposed landscaping including:

a.

Symbolic representation of each tree, shrub, and ground cover with name or initial shown on the plan for each plant.

b.

List of proposed plants with common and botanical name of each plant, the total number of each plant and the size and container of each plant.

6.

The dimensions and square footage of each parking area.

7.

Landscaped plans shall be prepared and stamped by a licensed landscaped architect or licensed landscape contractor.

B.

An irrigation plan shall be submitted for approval by the planning department and shall contain the following:

1.

Irrigation plans must show an irrigation conformance calculation with a ten percent safety margin. If the landscape is required as the result of a request for building permit, the landscape and irrigation plans shall be submitted as a part of the building plans.

Water-efficient systems (drip, mini-spray, bubbler type, etc., shall be used whenever feasible.

3.

All irrigation systems shall be equipped with an automatic controller capable of dual or multiple programming. Controllers must have multiple cycle capabilities and a flexible calendar program.

4.

Separate valves shall be installed based on water use of planting and exposures on irrigation systems with seven or more valves. Turf areas should be on separate valve from non-turf areas on all irrigation systems regardless of size.

5.

Sprinkler heads spacing shall be designed for head-to-head coverage and placed at a maximum of fifty percent of the diameter of throw.

6.

Sprinkler head spacing shall be designed for head-to-head coverage and placed at a maximum of fifty percent of the diameter of throw.

7.

Overhead sprays shall not throw water onto hardscaped or other non-planted, or bare ground areas, including sidewalks between landscaped areas.

8.

All sprinklers must be designed and installed to clear all plant material at maturity and obstacles in its throw zone.

9.

Serviceable check valves or separate valves according to water zones are required where elevation differential may cause low-head drainage.

10.

Drip or bubbler irrigation systems are required on all trees and shrubs regardless if planted alone, in groundcover or turf areas.

11.

Automatic rain shut-off devices shall be required on all irrigation systems with seven or more valves.

(Ord. No. 032-2013, § 1, 8-8-13)

A.

Where a discretionary or ministerial approval is required by this title for the use or uses for which the landscaping and irrigation is being provided, a conceptual landscape plan showing the general location and type of proposed landscaping materials and hard surface areas shall be submitted in conjunction with the application for the discretionary or ministerial permit. Following approval of the discretionary or ministerial permit but prior to the issuance of any building or grading permit for the principle use or uses, the applicant shall submit a landscaping plan application containing the information specified in Section 17.146.060 to the Planning Department for review and approval.

(Ord. No. 032-2013, § 1, 8-8-13)

A.

It shall be the duty of the code enforcement officer to serve or cause to be served a notice upon the property owner and/or occupant of any site in violation of this chapter.

B.

If the property owner and/or occupant does not comply with the provisions of this chapter than they will be subject to the abatement procedures found in Section 8.20 of the McFarland Municipal Code.

(Ord. No. 032-2013, § 1, 8-8-13)

Chapter 17.148 - VARIANCES, MODIFICATIONS AND ZONE CHANGES

Sections:

The regulations set forth in this chapter shall apply to the granting of variances, modifications and zone changes.

(Ord. 109 § 34.00, 1969)

A.

The planning commission upon its own motion may, or upon the verified application of any interested persons shall in specific cases, initiate proceedings for the granting or denial, as the case may be, of a variance from the provisions of this title. The planning commission may grant the variance only when the following circumstances are found to apply:

1.

That the variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is situated.

2.

That special circumstances exist which are applicable to the subject property, including size, shape, topography, location or surroundings, wherein the strict application of the zoning provision in question is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

B.

All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this title shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this title or map.

(Ord. 109 § 34.01, 1969)

17.148.030 - Information required.

Applications for variances shall be accompanied by:

A.

A plot plan and description of the property involved, showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion of the planning commission.

B.

A reference to the provisions of this title from which is sought the exception of the property.

(Ord. 109 § 34.02, 1969)

17.148.040 - Amendments and changes of zone boundaries.

A.

Whenever the public necessity, convenience, general welfare or good zoning practices justify such action, the planning commission, upon its own motion, or upon the verified application of any interested person, may initiate proceedings to amend, supplement or change the zones, regulations or districts established by this title.

B.

With the exception of amendments changing property from one zone to another, or changing the boundaries of any zone, amendments may be made or new zoning maps adopted in the same manner as the ordinance codified in this title was adopted.

(Ord. 109 § 34.03, 1969)

A.

Applications for variances, modifications and changes of zone shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide such forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.

B.

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Ord. 109 § 34.04, 1969)

Before accepting any application for filing, the city shall charge and collect the following fees for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter:

A.

Change of zone: One hundred fifty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

B.

Variance: Seventy-five dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

C.

Conditional use permit: Seventy-five dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

D.

Modification: Where no public hearing is required, thirty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof. Where a public hearing is required, the fees shall be the same as for a variance.

E.

Appeal: Thirty dollars for the first lot or portion thereof, plus two dollars for each additional lot or portion thereof.

F.

The foregoing fees and all other fees deemed necessary or appropriate by the city council with regard to the subject matter in this Title 17 may be modified or established by the city council by a duly adopted resolution.

(Ord. 176 § 1, 1979; Ord. 109 § 34.05, 1969)

(Ord. No. 287-2003, § 1, 5-13-04)

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this title and with previous amendments or variances.

(Ord. 109 § 34.06, 1969)

A.

Following the receipt on proper forms of any application filed under the provisions of this chapter, with the exception of an application filed pursuant to the provisions of Section 17.148.040, the secretary of the planning commission shall fix a time and place of public hearing thereon. Upon receipt in proper form of any application filed pursuant to the provisions of Section 17.148.040, the secretary of the planning commission, when directed to do so by the planning commission, shall fix a time and place of public hearing thereon.

B.

Not less than ten days before the date of any public hearing fixed by the secretary of the planning commission as provided in this section, the date of the public hearing, notice of the date, time, place of hearing and location of the property and the nature of the request shall be given by any two of the following methods, the publishing and mailing methods to be used unless otherwise directed by the planning commission:

1.

By publishing once in a newspaper of general circulation in the city;

2.

By mailing a notice, postage prepaid, to the applicant, to each member of the planning commission, and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for this purpose the last known name and address of such owners as shown on the last assessment roll of the county;

By posting notice not more than three hundred feet apart along each and every street upon which the property involved abuts, for a distance of not less than three hundred feet in each direction from the exterior limits of the property.

(Ord. 109 § 34.07, 1969)

Public hearings as provided for in this chapter and by state law shall be held before the planning commission at the time and place for which public notice has been given as required in this chapter. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued, provided that, prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Ord. 109 § 34.08, 1969)

A.

Within thirty-five days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The failure of the planning commission to render such decision within thirty-five days after the conclusion of the hearing may be deemed to constitute a denial, but in no case shall be deemed to constitute an approval.

B.

The planning commission shall announce and record its actions by formal resolution, and such resolution shall recite the findings of the planning commission upon which it based its decision.

1.

Variance, Modifications and Conditional Use Permits.

a.

Within five days after final decision by the planning commission on an application for a variance, modification or conditional use permit, notices of the decision in the matter shall be mailed to the applicant at the address shown upon the application, the city clerk, the members of the city council, the owners of the adjoining property and persons requesting the notice.

b.

The granting, either with or without conditions, or the denial of the application by the planning commission, shall be final unless within fifteen days after the decision by the planning commission, or ten days after the mailing of the required notices, whichever date is later, the applicant, or any other person aggrieved, appeals therefrom in writing to the city council by presenting such appeal to the city clerk. At its next

regular meeting after the filing of such appeal with the city clerk, the city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearing before the planning commission. The decision appealed from shall be affirmed unless reversed by a vote of not less than a majority of all members of the city council.

c.

No permit or license shall be issued for any use involved in an application for a variance, modification or conditional use permit, until the same has become final by reason of the failure of any person to appeal or by reason of the action of the city council.

d.

If the use authorized by any variance, modification or conditional use permit is, or has been, unused, abandoned, discontinued or has ceased for a period of six months, or the conditions have not been complied with, the variance, modification or conditional use permit shall become null and void and of no effect unless an extension therefor has been granted by the planning commission, upon written petition of the applicant for such extension of time before the expiration of the above period.

2.

Amendments and Changes of Zone Boundaries.

a.

Within ten days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendations, together with the complete records of the case, shall be delivered to the city council.

b.

The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed for hearings by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a vote of not less than a majority of all members of the city council.

c.

No permit or license shall be issued for any use involved in an application for an amendment or change of zone until the same has become final by the adoption of an ordinance.

3.

Notwithstanding any provision of subdivisions 1 and 2 of this subsection to the contrary, at the request of the applicant, or any other interested persons, the vote of the city council on any application for a variance, modification, conditional use permit or an amendment or change of zone boundary, shall be deferred by the city council until such time as all members of the city council are present and have had the opportunity to vote thereon.

(Ord. 109 § 34.09, 1969)

The planning commission shall act as the modification committee.

(Ord. 109 § 34.10, 1969)

The planning commission shall have the authority to grant, subject to appeal to the city council, under the provisions of this title, the following:

A.

Permit the modification of the setback yard and lot area regulations that may be necessary to secure an appropriate improvement on a lot, to prevent unreasonable hardship, or to promote uniformity of improvement; provided, however, such modification shall not grant a reduction in excess of twenty-five percent of the applicable setback, yard or lot area requirements.

B.

Permit the modification of fence, wall and hedge regulations that may be necessary to secure an appropriate improvement on a lot.

(Ord. 109 § 34.11, 1969)

The procedure for acting upon applications for modifications by the planning commission shall be the same as the procedure for acting upon applications for variances except that no notice of public hearing will be required if the application for such modification is accompanied by the written consent of the owners of all property abutting and of all property directly across a street from the subject property. Appeals from decisions of the planning commission shall be made to the city council in the same manner as an appeal for a variance.

(Ord. 109 § 34.12, 1969)

Chapter 17.150 - INCLUSIONARY ZONING

Sections:

This chapter shall be called the "Inclusionary Zoning Ordinance of the city of McFarland."

(Ord. No. 298-2005, § 1, 6-9-05)

The purpose of this chapter is to enhance the public welfare and assure that further housing development attains the city's affordable housing goals by increasing the production of residential units affordable to households of very low, low, and moderate income, and by providing funds for the development of very low, low, and moderate income ownership and/or rental housing. In order to assure that the limited remaining developable land is utilized in a manner consistent with the city's housing policies and needs, fifteen percent of the total number of units of all new multiple family residential projects containing fifteen or more units, constructed within the city as it now exists and as may be altered by annexation, shall be affordable to very low and low income households. For all new single family residential projects of fifteen units or more, at least twenty percent of the project's dwelling units shall be affordable to very low, low, and/or moderate income households. These requirements shall apply to both ownership and rental projects.

(Ord. No. 298-2005, § 1, 6-9-05)

17.150.030 - Definitions.

For the purposes of this chapter, certain words and phrases shall be interpreted as asset forth in this section unless it is apparent from the context that a different meaning is intended.

"Affordable housing proposal" means proposal submitted by the project owner as a part of the city development application (e.g., design review, planned unit development, etc.) stating the method by which the requirements of this chapter are proposed to be met.

"Affordable rent" means a monthly rent (including utilities as determined by a schedule prepared by the city) which does not exceed one-twelfth of thirty-five percent of the maximum annual income for a household of the applicable income level.

"Affordable sales price" mean a sales price which results in a monthly mortgage payment (including principal and interest) which does not exceed one-twelfth of thirty-five percent of the maximum annual income for a household of the applicable income level.

"Amenities" means interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior amenities may include, but are not limited to, fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by city building and its residents.

"Applicant" means any person, firm, partnership, association joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals for a project.

"Commercial, office, and industrial project" means, for the purposes of this chapter, any new nonresidential (commercial, office, or industrial) development or redevelopment greater than ten gross acres or two hundred fifty thousand square feet of gross building area, whichever is less.

"City" means the city of McFarland or its designee or any entity with which the City contracts to administer this chapter.

"Dwelling unit" means a dwelling designed for occupancy by one household.

"Household" means one person living alone; or two or more persons sharing residency whose income is considered for housing payments.

Household, Low Income. "Low income household" means a household whose annual income is more than fifty percent but does not exceed eighty percent of the annual median income for Kern County, based upon the annual income figures provided by the U.S. Department of Housing and Urban Development (HUD), as adjusted for household size.

Household, Moderate Income. "Moderate income household" means a household whose annual income is more than eighty percent but does not exceed one hundred twenty percent of the annual median income for Kern County, based upon the annual income figures provided by HUD, as adjusted for household size.

Household, Very Low Income. "Very low income household" means a household whose annual income does not exceed fifty percent of the annual median income for Kern County, based upon the annual income figures provided by HUD, as adjusted for household size.

"HUD" means the United States Department of Housing and Urban Development or its successor.

"Inclusionary unit" means a dwelling unit as required by this chapter which is rented or sold at affordable rents and/or affordable sales prices (as defined by this chapter) to very low, low, or moderate income households.

"Inclusionary unit credits" means credits approved by the city council in the event a project exceeds the total number of inclusionary units required in this chapter. Inclusionary unit credits may be used by the project owner to meet the affordable housing requirements of another project subject to approval by the city council.

"Income" means the gross annual household income as defined by HUD.

"Life of inclusionary unit" means the term during which the affordability provisions for inclusionary units shall remain applicable. The affordability provisions for inclusionary units shall apply in perpetuity from the date of occupancy, which shall be the date on which the City of McFarland performs final inspection for the building permit.

"Lower income housing fee" means a fee paid to the city by an applicant for a project in the city, in lieu of providing the inclusionary units required by this chapter.

"Median income for Kern County" means the median gross annual income in Kern County as determined by HUD, adjusted for household size.

"Off-site inclusionary units" means inclusionary units constructed within the city of McFarland on a site other than the site where the applicant intends to construct market rate units.

"Ownership units" means inclusionary units developed as a part of a residential development which the applicant intends will be sold, or which are customarily offered for individual sale.

"Project owner" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located.

"Project" means a residential housing development at one location or site including all dwelling units for which permits have been applied for or approved.

"Property owner" means the owner of an inclusionary unit, excepting a "project owner."

"Rental units" means inclusionary units which the applicant intends will be rented or leased, or which are customarily offered for lease or rent.

"Recapture mechanisms" means legal programs and restrictions by which subsidies provided to inclusionary units will be controlled and repaid to the city and/or other entity upon resale, to insure the ongoing preservation of affordability of inclusionary units or to insure funds for inclusionary units remain within the city's affordable housing program.

"Resale restrictions" means legal restrictions which restrict the price of inclusionary units to insure that they remain affordable to very low, low, and moderate income households on resale.

Residential Project, Multiple-Family. "Multiple-family residential project" means a residential project consisting of condominiums, apartments, and similar dwellings attached in groups of four or more units per structure and including multiple units located on a single parcel of land under common ownership.

Residential Project, Single-Family. "Single-family residential project" means a residential project consisting of detached and attached single family homes, including paired single family, duets, duplexes, townshomes, and similar unit types where each unit is located on a separate parcel of land.

"Unit type" means various dwelling units within a project which are distinguished by number of bedrooms and/or the type of construction (e.g., detached single family, duets, townhomes, condominiums).

(Ord. No. 298-2005, § 1, 6-9-05)

17.150.040 - General requirements/applicability.

A.

Residential Development.

1.

For all new multiple family residential projects of fifteen units or more, at least fifteen percent of the project's dwelling units shall be affordable to very low, and/or low income households. For all new single family residential projects of fifteen units or more, at least twenty percent of the project's dwelling units shall be affordable to very low, low, and/or moderate income houses. These dwelling units shall be referred to as "inclusionary units." Special consideration will be given to projects in which a significant percentage of the inclusionary units are for very low and low income households. The specific mix of units within the three affordability categories shall be subject to approval by the city.

2.

The inclusionary units shall be reserved for rent or purchase by eligible very low, low, and moderate income households, as applicable. Projects subject to these requirements include, but are not limited to, single-

family detached dwellings, townhomes, apartments, condominiums, or cooperatives provided through new construction projects, and/or through conversion of rentals to ownership units.

3.

The percentage of inclusionary units required for a particular project shall be determined only once on a given project, at the time of tentative map approval, or, for projects not processing a map, prior to issuance of building permit. If the subdivision design changes, which results in a change in the number of unit types required, the number of inclusionary units required shall be recalculated to coincide with the final approved project. In applying and calculating the fifteen percent requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.

B.

Commercial, Office, and Industrial (COI) Development. New COI developments shall submit an affordable housing proposal as set forth in Section 17.150.100 of this chapter. Upon submittal of the affordable housing proposal, city staff will meet with the developer to discuss the potential for providing incentives to encourage on-site construction of affordable housing units and alternatives to constructing affordable units as set forth in this chapter. In the event a developer requests incentives or alternatives as a means of

providing affordable housing in connection with a COI development, the Affordable Housing Proposal will be reviewed as set forth in Section 17.150.100 of this chapter.

(Ord. No. 298-2005, § 1, 6-9-05)

17.150.050 - Inclusionary unit provisions and specifications.

A.

Inclusionary units shall be dispersed throughout the project unless otherwise approved by the city.

B.

Inclusionary units shall be constructed with identical exterior materials and an exterior architectural design that is consistent with the market rate units in the project.

C.

Inclusionary units may be of smaller size than the market units in the project. In addition, inclusionary units may have fewer interior amenities than the market rate units in the project. However, the city may require that the inclusionary units meet certain minimum standards. These standards shall be set forth in the affordable housing agreement for the project.

D.

Inclusionary units shall remain affordable in perpetuity through recordation of an affordable housing agreement as described in Section 17.150.060 of this chapter.

E.

All inclusionary units in a project shall be constructed concurrently within or prior to the construction of the project's market rate units.

F.

For purposes of calculating the affordable rent or affordable sales price of an inclusionary unit, the following household size assumptions shall be used for each applicable dwelling unit type:

G.

The city's adopted preference and priority system shall be used for determining eligibility among prospective beneficiaries for affordable housing units created through the inclusionary zoning ordinance.

(Ord. No. 298-2005, § 1, 6-9-05)

An affordable housing agreement shall be entered into by the city and the project owner. The agreement shall record the method and terms by which a project owner shall comply with the requirements of this chapter. The approval and/or recordation of this agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for such lots or units.

A.

The affordable housing agreement shall state the methodology for determining a unit's initial and ongoing rent or sales and resale price(s), any resale restrictions, occupancy requirements, eligibility requirements, city incentives including second mortgages, recapture mechanisms, the administrative process for monitoring unit management to assure ongoing affordability and other matters related to the development and retention of the inclusionary units.

B.

In addition to the above, the affordable housing agreement shall set forth any waiver of the lower income housing fee. For projects which meet the affordability threshold with very low and/or low income units, all units in the project shall be eligible for a waiver of the lower income house fee. For single family residential projects which meet the affordability threshold with moderate income units, or multiple family residential

projects which do not meet the affordability threshold, only the inclusionary units shall be eligible for a waiver of the lower income housing fee except as otherwise approved by the city council.

C.

To assure affordability over the life of the unit, the affordable housing agreement shall be recorded with the property deed or other method approved by the city attorney. In the event an inclusionary units is affordable by design the affordable housing agreement shall stipulate the method for assuring that the units retain their affordability as the housing market changes.

D.

The planning director may waive the requirement for an affordable housing agreement for projects approved prior to the effective date of the ordinance codified in this chapter and/or for projects that have their affordable housing requirements included in a development agreement or other city document.

(Ord. No. 298-2005, § 1, 6-9-05)

The city shall consider making available to the applicant incentives to increase the feasibly of residential projects to provide inclusionary units. Incentives or financial assistance will be offered only to the extent resources for this purpose are available and approved for such use by the city council or city manager, as defined below, and to the extent that the project, with the use of incentives or financial assistance, assists in achieving the city's housing goals. However, nothing in this chapter establishes, directly or through implication, a right of an applicant to receive any assistance or incentives from the city. Any incentives provided by the city shall set out in the affordable housing agreement pursuant to Section 17.150.060 of this chapter. The granting of the additional incentives shall require demonstration of exceptional circumstances that necessitate assistance from the city, as well as documentation of how such incentives increase the feasibility of providing affordable housing.

The following incentives may be approved for applicants who construct inclusionary units on-site:

A.

Fee Waiver or Deferral. The city council, by resolution, may waive or defer payment of city development impact fees and/or building permit fees applicable to the inclusionary units or the project of which they are a part. Fee waivers shall meet the criteria included in the city's adopted policy for evaluating waivers of city fees for affordable housing projects. The affordable housing agreement shall include the terms of the fee waiver.

B.

Design Modifications. The granting of design modifications relative to the inclusionary requirement shall require the approval of the city council and shall meet all applicable zoning requirements of the city. Modifications to typical design standards may include the following:

Reduced setbacks;

2.

Reduction in infrastructure requirements;

3.

Reduced open space requirements;

4.

Reduced landscaping requirements;

5.

Reduced interior or exterior amenities;

6.

Reduction in parking requirements;

7.

Height restriction waivers.

C.

Second Mortgages. The city may utilize available lower income housing funds for the purpose of providing second mortgages to prospective unit owners or to subsidize the cost of a unit to establish an affordable rent or an affordable sales price. Terms of the second mortgage or subsidy shall be stated in the affordable housing agreement. The utilization of these incentives shall not be the sole source of providing the inclusionary units and they are intended to augment the developer's proposal.

D.

Priority Processing. After receiving its discretionary approvals, a project that provides inclusionary units may be entitled to priority processing of building and engineering approvals subject to the approval of the city manager. A Project eligible for priority processing shall be assigned to City engineering and/or building staff and processed in advance of all non-priority items.

(Ord. No. 298-2005, § 1, 6-9-05; Ord. No. 002-2010, § 1, 2-11-10)

17.150.080 - Alternatives to constructing inclusionary units on-site.

The primary emphasis of the inclusionary zoning ordinance is to achieve the inclusion of affordable housing units to be constructed in conjunction with market rate units within the same project in all new residential projects. However, the city acknowledges that it may not always be practical to require that every project satisfy its affordable housing requirement through the construction of affordable units within the project itself. Therefore, the requirements of this chapter may be satisfied by various methods other than the construction of inclusionary units on the project site. Some examples of alternate methods of compliance

appear below. As housing market conditions change, the city may need to allow alternatives to provide options to applicants to further the intent of providing affordable housing with new development projects.

A.

Off-Site Projects. Inclusionary units required pursuant to this chapter may be permitted to be constructed at a location within the city other than the project site. Any off-site inclusionary units must meet the following criteria:

1.

The off-site inclusionary units must be determined to be consistent with the city's goal of creating, preserving, maintaining, and protecting housing for very low, low, and moderate income households.

2.

The off-site inclusionary units must not result in a significant concentration of inclusionary units in any one particular neighborhood.

3.

The off-site inclusionary units shall conform to the requirements of all applicable city ordinances and the provisions of this chapter.

4.

The occupancy and rents of the off-site inclusionary units shall be governed by the terms of a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to that used for the on-site inclusionary units.

The affordable housing agreement shall stipulate the terms of the off-site inclusionary units. If the construction does not take place at the same time as project development, the agreement shall require the units to be produced within a specified time frame, but in no event longer than five years. A cash deposit or bond may be required by the city, refundable upon construction, as assurance that the units will be built.

B.

Land Dedication. An applicant may dedicate land to the city or a local non-profit housing developer in place of actual construction of inclusionary units upon approval of the city council.

The intent of allowing a land dedication option is to provide the city or a local non-profit housing developer the land needed to make an inclusionary unit development feasible, thus furthering the intent of this chapter. The dedicated land must be appropriately zoned, buildable, free of toxic substances and contaminated soils, and large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully improved, with infrastructure, adjacent utilities, grading, and fees paid.

le, thus furthering the intent of this chapter. The dedicated land must be appropriately zoned, buildable, free of toxic substances and contaminated soils, and large enough to accommodate the number of inclusionary units required for the project. The city's acceptance of land dedication shall require that the lots be fully improved, with infrastructure, adjacent utilities, grading, and fees paid.

C.

Credit Transfers. In the event a project exceeds the total number of inclusionary units required in this chapter, the project owner may request inclusionary unit credits which may be used to meet the affordable housing requirements of another project. Inclusionary unit credits are issued to and become the possession of the project owner and may not be transferred to another project owner without approval by the city council. The number of inclusionary unit credits awarded for any project is subject to approval by the city council.

D.

Alternate Methods of Compliance. Applicants may propose creative concepts for meeting the requirements of this chapter, in order to bring down the cost of providing inclusionary units, whether on- or off-site. The city council may approve alternate methods of compliance with this chapter if the applicant demonstrates that such alternate method meets the purpose of this Chapter (as set forth in Section 17.150.020).

(Ord. No. 298-2005, § 1, 6-9-05)

An applicant of a project subject to this chapter shall submit an affordable housing proposal stating the method by which it will meet the requirements of this chapter. The Affordable Housing Proposal shall be submitted as a part of the applicant's city development application (e.g., design review, planned unit development, etc.) to the planning department in a form approved by the city manager. The Planning Director may waive the requirement for submittal of an Affordable Housing Proposal for projects approved prior to the effective date of this ordinance and/or for projects that have undergone considerable public review during which affordable housing issues were addressed. The affordable housing proposal shall be reviewed by the city's housing commission at a properly noticed meeting open to the public. The housing commission shall make recommendations to the city council either accepting, rejecting or modifying the developer's proposal and the utilization of any incentives as outlined in this chapter. The housing commission may also make recommendations to the planning commission regarding the project as necessary to assure conformance with this chapter. Acceptance of the applicant's affordable housing proposal is subject to approval by the city council, which may direct the city manager to execute an affordable housing agreement in a form approved by the city attorney. The city manager or his/her designee shall be responsible for monitoring the sale, occupancy and resale of inclusionary units.

(Ord. No. 298-2005, § 1, 6-9-05; Ord. No. 002-2010, § 1, 2-11-10)

The following individuals are ineligible to purchase or rent an inclusionary unit: (a) city employees and officials (and their immediate family members) who have policy making authority or influence regarding city housing programs; (b) the project applicant and its officers and employees (and their immediate family members); and (c) the project owner and its officers and employees (and their immediate family members).

(Ord. No. 298-2005, § 1, 6-9-05)

17.150.110 - Enforcement.

The city manager is designated as the enforcing authority. The city manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all agents, successors and assigns of an applicant. No building permit or final inspection shall be issued, nor any development approval be granted which does not meet the requirements of this chapter. In the event that it is determined that rents in excess of those allowed by operation of this chapter have been charged to a tenant residing in an inclusionary unit, the city may take appropriate legal action to recover, and the project owner shall be obligated to pay the tenant or to the city in the event the tenant cannot be located, any excess rents charged.

(Ord. No. 298-2005, § 1, 6-9-05; Ord. No. 002-2010, § 1, 2-11-10)

Any person aggrieved by an action or determination of the city manager under this chapter, may appeal such action or determination to the city council by providing the city clerk with written notice of appeal within fifteen days after the action or determination.

(Ord. No. 298-2005, § 1, 6-9-05; Ord. No. 002-2010, § 1, 2-11-10)

Chapter 17.152 - CONDITIONAL USE PERMITS[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 0004-2023, § 5, adopted May 11, 2023, amended Chapter 17.152 in its entirety to read as herein set out. Former Chapter 17.152, §§ 17.152.010—17.152.050, pertained to similar subject matter, and derived from Ord. No. 109, 1969; Ord. No. 211, 198; Ord. No. 212, 1988; Ord. No. 268, 1993; Ord. No. 274, 1995; Ord. No. 0003-2022, adopted February 10, 2022; Ord. No. 0004-2022, adopted April 28, 2022 and Ord. No. 0001-2023, adopted February 23, 2023.

A.

The regulations in this chapter shall apply to the granting of conditional use permits.

B.

Certain uses may be permitted by the planning commission and the city council in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive general plan. The procedure for filing of applications, filing fees, investigations, notices, public hearings, findings and appeal shall be the same as provided in this title to variances, except that the planning commission may waive public hearings on an application for conditional use permits for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, convenience or welfare.

(Ord. No. 0004-2023, § 5, 5-11-23)

The following uses may be permitted in any zone upon the granting of a conditional use permit:

A.

Airports or aircraft landing fields.

B.

Cemeteries, columbariums, crematories, mausoleums, mortuaries and funeral parlors.

C.

City, county, state and federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary or advantageous to the general welfare of the community.

D.

Establishments or enterprises involving large assemblages of people or automobiles, including: Amusement parks, expositions, fairgrounds, open air theatres, race tracks, [and] recreational sport centers.

E.

Institutions of a philanthropic or eleemosynary nature.

F.

Natural resources development, together with the necessary apparatus or appurtenances incident thereto, except drilling for or removal of oil, gas or other hydrocarbon substances.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030 - Uses permitted in specific zones.

The following uses may be permitted in the zones indicated in this section upon the granting of a conditional use permit.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(1) - C-O zones.

A.

Residential Uses.

1.

Community care facility.

B.

Recreation, Entertainment, and Tourist Facilities.

1.

Swimming pool, public, indoor only;

2.

Tennis club, indoor only.

C.

Commercial Uses.

1.

Eating and Drinking Establishments.

a.

Cafe, or coffee shop.

2.

Services.

a.

Ambulance;

b.

Placing, storing or maintaining chemical toilets of the type normally transported by semitrailers.

D.

Transportation Facilities.

1.

Auto parking garage or lot;

2.

Heliport.

E.

Utility and Communications Facilities.

Radio, television, microwave, or commercial communications transmitter, receiver, or translator;

2.

Utility substation.

F.

Institutional Uses.

1.

Cemetery, mausoleum, columbarium, or mortuary;

2.

Charitable or public service organization;

3.

Club or lodge;

4.

Convalescent hospital;

5.

Crematory, when in conjunction with a cemetery, mausoleum, columbarium, or mortuary;

6.

Fire or police station;

7.

Hospital;

8.

Labor union hall;

9.

Post office;

10.

Public agency or utility buildings and facilities;

11.

Rehabilitation facilities;

Sanitarium.

G.

Waste Facilities.

1.

Community septic disposal system;

2.

Sewage treatment plant.

H.

Miscellaneous Uses.

1.

Day-care center, with extended overnight services;

2.

Drainage sump;

3.

Flood control facilities;

4.

Water treatment plant;

5.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(2) - C-1 zones.

A.

Residential Uses.

1.

Community care facility;

Condominium;

3.

Duplex;

4.

Emergency shelter;

5.

Fraternity or sorority house;

6.

Residential hotel.

B.

Recreation, Entertainment, and Tourist Facilities.

1.

Golf course;

2.

Movie theater, walk-in;

3.

Park or playground;

4.

Swimming pool, public, outdoor only;

5.

Tennis club, outdoor only;

6.

Theater, live.

C.

Commercial Uses.

1.

General Retail Sales.

a.

Nursery, plant;

Services.

a.

Ambulance;

b.

Auto wash;

c.

Auto wash, self-service;

d.

Mini-warehouse, for storage of personal household goods, provided there is no outside storage; excludes cargo containers and other temporary storage structures;

e.

Printing, lithography or blueprinting;

f.

Tattoo parlor and body piercing;

g.

Veterinary, including veterinary hospital;

h.

Placing, storing or maintaining chemical toilets of the type normally transported by semitrailers.

D.

Transportation Facilities.

1.

Auto parking garage or lot;

2.

Heliport.

E.

Utility and Communications Facilities.

1.

Radio, television, microwave, or commercial communications transmitter, receiver, or translator.

F.

Institutional Uses.

1.

Cemetery, mausoleum, columbarium, or mortuary;

2.

Charitable or public service organization;

3.

Club or lodge;

4.

Convalescent hospital;

5.

Crematory, in conjunction with a cemetery, mausoleum, columbarium, or mortuary;

6.

Fire or police station;

7.

Hospital;

8.

Labor union hall;

9.

Museum, with outdoor exhibits;

10.

Rehabilitation facilities;

Sanitarium.

G.

Waste Facilities.

1.

Community septic disposal system;

2.

Sewage treatment plant;

3.

Transfer station, small volume.

H.

Miscellaneous Uses.

1.

Day-care center, with extended overnight services;

2.

Drainage sump;

3.

Flood control facilities;

4.

Water treatment plant;

5.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(3) - C-2 zones.

A.

Residential Uses.

1.

Residential hotel.

B.

Recreation, Entertainment, and Tourist Facilities.

1.

Amusement park;

2.

Card room;

3.

Movie theater, drive-in;

4.

Park or playground;

5.

Racetrack or test track, automobile, motorcycle, or horse;

6.

Shooting range or gun club;

7.

Skateboard arenas, unenclosed;

8.

Sports arena, indoor;

9.

Sports arena, outdoor;

10.

Swimming pool, public;

11.

Trade fairs and exhibitions, temporary (fourteen-day maximum), excluding flea markets and swap meets.

C.

Commercial Uses.

Services.

a.

Mini-warehouse, for storage of personal household goods and vehicles, including outside storage;

b.

Veterinary, including veterinary hospital;

c.

Advertising sign boards or structures;

d.

Placing, storing or maintaining chemical toilets of the type normally transported by semitrailers;

D.

Recreational, Entertainment, and Tourist Facilities.

1.

Bingo parlor.

E.

Transportation Facilities.

1.

Airport, private;

2.

Airport, public use;

3.

Auto parking garage or lot;

4.

Bus depot;

5.

Heliport;

6.

Taxi depot, including service and storage.

F.

Utility and Communications Facilities.

1.

Radio, television, microwave, or commercial communications transmitter, receiver, or translator.

G.

Waste Facilities.

1.

Community septic disposal system;

2.

Sewage treatment plant;

3.

Transfer station, small volume;

4.

Waste-to-energy facility.

H.

Institutional Uses.

1.

Cemetery, mausoleum, or columbarium;

2.

Community or regional correctional and similar involuntary detention facilities;

3.

Crematory, when in conjunction with a cemetery, mausoleum, columbarium, or mortuary;

4.

Museum, with outdoor exhibits;

5.

Zoo.

I.

Educational Institutions and Schools.

1.

College or university.

J.

Miscellaneous Uses.

1.

Day-care center, with extended overnight services;

2.

Drainage sump;

3.

Flea market or swap meet, wholly conducted within an enclosed building;

4.

Flea market or swap meet, except within an enclosed building pursuant to subsection 19.32.020(H) of this title;

5.

Flood control facilities;

6.

Water treatment plant;

7.

Automobile trailer courts or camps, house or coach trailers, and public camp grounds;

8.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(4) - A-1 zones.

A.

Automobile trailer courts or camps, house or coach trailers, and public camp grounds.

B.

Dairies and livestock feed yards.

C.

Fruit, vegetable and meat packing plants.

D.

Mobile homes (manufactured homes) on property owned and/or leased by a public agency/entity of the state.

E.

Secondary residential units.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(5) - A-2 zones.

A.

Agricultural industries and the processing of agricultural products.

B.

Commercial stockyards and animal slaughter.

C.

Dumps and refuse disposal areas.

D.

Fruit, vegetable and meat packing plants.

E.

Hog ranches.

F.

Junk, salvage or auto wrecking yards.

G.

Sewer farms or sewage disposal plants.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(6) - M-1 zones.

A.

Automobile trailer courts or camps, house or coach trailers, and public camp grounds.

B.

Dwellings.

C.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23) 17.152.030(7) - M-2 zones.

A.

Dairies and livestock feed yards.

B.

Dwellings.

C.

Junk, salvage or auto wrecking yards.

D.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23) 17.152.030(8) - M-3 zones.

A.

Commercial stockyards and animal slaughter.

B.

Dairies and livestock feed yards.

C.

Dumps and refuse disposal areas.

D.

Dwellings.

E.

Junk, salvage or auto wrecking yards.

F.

Sewer farms or sewage disposal plants.

G.

Beverage container recycling facilities.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(9) - B zones.

A.

Automobile trailer courts or camps, house or coach trailers, and public camp grounds.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(10) - R zones.

A.

Churches and other places used exclusively for religious worship in A-1, A-2, R-1, R-2, R-3, and R-4 zones.

B.

Day nurseries and nursery schools in R zones.

C.

Placing, storing or maintaining chemical toilets of the type normally transported by semitrailers.

D.

Educational institutions including schools, preschool, elementary, junior high, senior high, college or university.

E.

Hospitals, sanitariums and rest homes.

F.

Large-scale neighborhood housing projects having a minimum gross area of twenty acres.

G.

Libraries, museums and private clubs.

H.

Parks, playgrounds and other community buildings.

I.

Public utility or public service buildings, structures and uses.

J.

Radio and television transmitters.

K.

Real estate tract offices and signs.

L.

Golf courses and country clubs.

(Ord. No. 0004-2023, § 5, 5-11-23)

17.152.030(11) - R-1 zones.

A.

Secondary residential units.

(Ord. No. 0004-2023, § 5, 5-11-23) 17.152.030(12) - E zones.

A.

Secondary residential units.

(Ord. No. 0004-2023, § 5, 5-11-23)

Chapter 17.153 - HOME OCCUPATION PERMIT

Sections:

17.153.010 - Purpose and intent.

This section provides standards for the conduct of home occupations, as defined by Section 17.04.340 of the McFarland Municipal Code. In general, a home occupation is a residential accessory use that, under normal circumstances, the average neighbor is unaware of its existence. Thus, no sound or visibility of the occupation is seen or heard beyond the premises.

(Ord. No. 0004-2022, § 5, 2-10-22)

17.153.020 - Home occupation is permitted in the following zone districts.

A home occupation permit may only be granted in the R-1 and R-2 zones.

However, the home occupation permit shall not be granted unless the community development director finds that the proposed home occupation complies with the definition and requirements of this Title 17.

(Ord. No. 0004-2022, § 5, 2-10-22)

Home occupations may include, but are not limited to, the following:

Table 1:

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 2, 8-13-25)

The following non-exclusive list displays example secondary uses that are not incidental to, nor compatible with residential activities, and are therefore prohibited from receiving a home occupation permit:

A.

Antique shops;

B.

Auto repair;

C.

Barber and beauty shops;

D.

Business which engages in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

E.

Cabinet making;

F.

Funeral chapel or funeral home;

G.

Kennel;

H.

Medical and dental offices, clinics, and laboratories;

I.

Mini storages;

J.

Repair, fix-it, appliance, or plumbing shops;

K.

Home occupations in mobile home (M-P) zones;

L.

Vehicle repair (body or mechanical). Upholstery and painting;

M.

Welding and machining shops;

N.

Any additional uses determined by the community development director that is not listed but is not incidental nor compatible with residential activities.

(Ord. No. 0004-2022, § 5, 2-10-22)

A.

There shall be no displays or advertising signs on the premises.

B.

There shall be no signs other than the address and name of the resident.

C.

There shall be no advertising which identifies the home occupation by street name.

D.

The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage.

E.

Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

F.

Subject to Municipal Code 17.153.070, no external alterations or construction features can be made to

accommodate a home occupation, nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.

G.

There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.

H.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

I.

No home occupation use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference or other hazards or nuisances.

J.

Employees engaged in the home occupation shall only be members of the resident family and shall be occupants of the dwelling. No outside employees.

K.

The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.

L.

The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

M.

No business license shall be issued until a home occupation permit is obtained, pursuant to the McFarland Municipal Code.

N.

A home occupation permit is not transferable.

O.

There shall be no more than one home occupation per APN.

P.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

Q.

There is a limit of three home occupation permits allowed per type of barber and cosmetology business per fiscal year will be issued.

R.

Each barber, cosmetology, aesthetician, manicurist, or similar use home occupation is limited to one chair per APN.

S.

Dependent on the use proposed, additional permits and licenses may be required.

1.

Barber, cosmetology, aesthetician, manicurist, or similar use services will require licenses, permits, and inspections by the board of cosmetology and remain in good standing.

2.

Food or drink products sold will require a Kern County cottage food permit issued by Kern County environmental health.

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 3, 8-13-25)

17.153.060 - Permits.

A.

Application. An application for a home occupation permit shall be on forms furnished by the community development director, shall be filed with the community development department before commencing the business activity, and shall be signed by the applicant. The application shall include the following information:

1.

The name, mailing address, and telephone number of the owner(s) of the business;

2.

The street address of the property where the business will be conducted; and

3.

A description of the type of business proposed.

B.

Permit Issuance. The community development director shall issue a permit if he or she finds:

1.

That the application is complete;

2.

That such business will be operated consistent with the regulations of this chapter and not interfere with the peace and quiet or be contrary to the residential character of the neighborhood; and

3.

The building and the proposed business will be maintained and conducted according to all laws of the city and state, including, but not limited to, health, structural soundness, fire safety, and zoning.

(Ord. No. 0004-2022, § 5, 2-10-22)

Resident seeking a home occupation addition to their home shall apply for a conditional use permit (CUP) and home occupation permit. Once the application, along with site plans and design have been submitted to the city, the application will go into the process of review. Application will then go to the planning commission and a public hearing will be conducted. The planning commission may then grant the permit along with any terms and conditions pertaining to occupation. No home occupation shall be established until an application for a home occupation permit has been submitted and approved as being consistent with the requirements of this section. No building license shall be applied for until after approval of the home occupation. Dependent on the use proposed, additional permits and licenses may be required. A

probational one-year period is held to ensure that all terms and conditions are being met. After the probational period, the occupational permit shall be subject to annual review and will consist of an annual renewal.

(Ord. No. 0004-2022, § 5, 2-10-22; Ord. No. 7-2025, § 4, 8-13-25)

CHAPTER 17.154 - DENSITY BONUS AND INCENTIVES[[7]]

Sections:

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 330-2008, § 1, adopted May 8, 2008, set out provisions intended for use as Chapter 17.150. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.154.

The purpose of this chapter is to establish regulations that implement the State's Density Bonus Law, California Government Code Sections 65915—65918.

(Ord. No. 330-2008, § 1, 5-8-08)

An application for a density bonus shall be made to city on a form prescribed by city. The application shall be accompanied by a fee set by resolution of the city council.

(Ord. No. 330-2008, § 1, 5-8-08)

Upon receipt of a density bonus application and city's determination that it is complete, city shall prepare a report in which it determines whether the development will qualify for a density bonus and, if so, the basis for its qualification, and the amount of density bonus and incentives required under the density bonus law or as otherwise recommended by the city. The city shall thereafter refer the matter to the planning commission and set a hearing in the manner described in Section 17.148.010(B).

(Ord. No. 330-2008, § 1, 5-8-08)

The planning commission may recommend that the city council approve, approve with conditions, or deny the density bonus. The commission may recommend denial of a density bonus if it finds that the housing development will have an adverse impact as defined in Government Code Section 65589.5(d)(2) upon public health and safety or the physical environment or on any real property that is listed in the California

Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impacts without rendering the development unaffordable to low and moderate income households; or that it is not required in order to provide for affordable housing costs as defined in California Health and Safety Code Section 50052.5 or for rents for the targeted units to be set as specified in Government Code Section 65915(c). If the planning commission recommends that the city council approves or conditionally approves the density bonus the commission may recommend incentives which may be selected from the following: a reduction in site development standards or modification of zoning code requirements or architectural design requirements; or 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 if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area.

(Ord. No. 330-2008, § 1, 5-8-08)

The city council shall consider the planning commission's recommendation. The council may approve, approve with modifications, or deny the application. If the council denies the application, it shall do so only after making the findings described in Section 17.154.040. If the council approves or conditionally approves the density bonus it shall also consider the recommendation of the planning commission regarding incentives and approve, conditionally approve, or deny them. After action by the council which includes approval or conditional approval of the density bonus, the council shall direct staff to negotiate an agreement with the developer regarding same.

(Ord. No. 330-2008, § 1, 5-8-08)

Upon approval by the city council of a density bonus and any incentives also included, the city and developer shall enter into an agreement wherein the developer shall be required to insure compliance with the requirements of the density bonus law, including the applicable provisions of Section 65915(c).

(Ord. No. 330-2008, § 1, 5-8-08)

The density bonus calculations and any incentives shall be determined with reference to Section 65915 as it applies to the development described in the application.

(Ord. No. 330-2008, § 1, 5-8-08)

Chapter 17.156 - CERTIFICATE OF OCCUPANCY

Sections:

To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this title, and in order that the city may have a record of each new or expanded use of a structure or site, a certificate of occupancy is required before any structure or site may be occupied or used.

(Ord. 109 § 36.00, 1969)

No structure erected, moved, altered or enlarged after the effective date of the ordinance codified in this title shall be occupied or used, and no site shall be initially occupied or used after said effective date until a certificate of occupancy has been issued by the building inspector.

(Ord. 109 § 36.01, 1969)

Application for a certificate of occupancy shall be filed with the building inspector on a form prescribed by the city planning commission prior to the erection, moving, alteration or enlargement of any structure and prior to the commencement of a new use or a change in use of any structure or site.

(Ord. 109 § 36.02, 1969)

The building inspector shall issue a certificate of occupancy upon receipt of written notice that the structure or site is ready for occupancy or use and after he has inspected the structure or site, provided that the structure or site and the intended use thereof conform with the regulations for the district in which it is located and all other applicable provisions of this title.

(Ord. 109 § 36.03, 1969)

Chapter 17.158 - REASONABLE ACCOMMODATIONS

It is the city's policies to provide individuals with disabilities reasonable in regulations and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

(Ord. No. 047-2015, § 1(A), 10-22-15)

The words and phrases contained in this section shall, for the purpose of this chapter, be defined as follows, except where the context clearly indicates a different meaning:

A.

"Disabled person" means a person who has a medical, physical or mental condition that limits one or more major life activities; anyone who is regarded as having such a condition; an authorized representative of a person with a disability; or anyone who has a medical record of having such a condition. A disabled person does not include individuals currently using controlled substances as defined by federal law.

B.

"Fair Housing Law" means existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).

C.

"Reasonable accommodation" means any request by, or on behalf of, a disabled person for a reasonable deviation from the city's strict application of its land use or building regulations as set forth in this code, in order for such disabled person to use and enjoy a dwelling.

(Ord. No. 047-2015, § 1(A), 10-22-15)

17.158.030 - Requesting reasonable accommodations.

A request for reasonable accommodation may be made by any person with a disability, the person's representative, or an entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier for fair housing opportunities.

A request for reasonable accommodations may include a modification or exception to the rules, standards and practices for siting, development and use of housing of housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.

(Ord. No. 047-2015, § 1(A), 10-22-15)

Requests for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:

A.

Application Material.

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

The current use of the property.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The code provision, regulation or policy from which reasonable accommodation is being requested.

6.

What accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.

(Ord. No. 047-2015, § 1(A), 10-22-15)

A.

Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.

B.

Other Reviewing Authority. If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.

(Ord. No. 047-2015, § 1(A), 10-22-15)

A.

Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.

B.

Other Reviewing Authority. The determination on whether to grant, grant with modifications or deny a request for accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.

C.

Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by a disabled individual.

2.

Whether the accommodation requested is necessary to make specific housing available to a disabled individual.

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.

4.

Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.

5.

Potential impact on surrounding uses.

6.

Physical attributes of the property and structures.

7.

Alternative accommodations which may provide an equivalent level of benefits.

D.

Conditions of Approval. In granting a request for reasonable accommodation the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

(Ord. No. 047-2015, § 1(A), 10-22-15)

Pursuant to Section 17.148.100(B)(1)(b) any decision of the planning director or planning commission can be appealed.

(Ord. No. 047-2015, § 1(A), 10-22-15)

Chapter 17.160 - PERMIT PROCEDURES

The purpose of this chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this chapter. Application contents and development standards and conditions for the approval of permits are contained in the appropriate chapter of this title.

(Ord. No. 066-2017, § 1, 5-25-17)

The ministerial permits specified in this chapter for review pursuant to this section shall be issued by the community development director upon submission of an application containing the information specified in applicable sections of this title and a determination by the community development director that the proposed use or development meets the development standards and conditions specified in the applicable section or sections of this title. These permits include all uses identified as permitted uses in all zoning classifications that do not require formal site plan review as stated in Section 17.134.070. The decision of the community development director shall be final unless appealed to the planning commission. The

community development director may, at his/her discretion, forward a ministerial permit to the planning commission for their consideration and action.

A.

Application and approval shall include the following:

1.

An applicant for a ministerial permit pursuant to this section shall submit an application to the community development director in the format described in Section 17.134.060, unless the community development director waives any of the information requirements. The application shall be accompanied with the fee established by the city council by resolution.

2.

The community development director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

3.

Within fourteen calendar days of determining the application is complete, and that the project or approach meets the development standards and conditions specified in the applicable section or sections of this chapter, or other applicable ordinances, the community development director shall issue the permit; issue the permit with conditions, or deny the permit if he or she determines that the proposed use or development does not meet the standards and conditions specified in the applicable section or sections of this title.

B.

Appeal. The community development director's action or lack of action on a permit pursuant to this section may be appealed by the applicant or interested person(s) to the planning commission.

1.

The applicant may file with the community development director a notice of appeal to the action of the community development director indicating the basis of appeal within ten calendar days of such action. The appeal shall be accompanied with the fee established by the city council by resolution. The city council, at the written request of two council members, may appeal the community development director's decision, without payment of fee, to the planning commission.

2.

The planning commission shall consider the appeal within thirty days of the filing of such appeal. No public hearing or notice shall be required.

3.

The planning commission may reverse or affirm or affirm with conditions the action of the community development director. The action of the commission shall constitute a ministerial action and shall be based solely on whether or not the proposed use or development meets the development standards and conditions specified in or established pursuant to the applicable section or sections of this title.

4.

The decision of the planning commission pursuant to subsection (B)(3) of this section may be appealed to the city council pursuant to Section 17.160.030.

(Ord. No. 066-2017, § 1, 5-25-17)

A.

The permits specified in this section may be issued by the planning commission following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. The decision of the planning commission shall be final unless appealed to the city council:

1.

Site plan reviews (Chapter 17.134);

2.

Variances (Chapter 17.148);

3.

Zone modifications when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 17.148);

Extensions of time;

5.

Appeals of ministerial decisions by the community development director;

6.

Conditional use permit (Chapter 17.152);

7.

Precise development plan (Chapter 17.132);

8.

Tentative maps (Chapter 16.20).

B.

Public Hearing.

1.

When an application has been submitted in accordance with this chapter, the community development director shall set the application for a public hearing.

2.

At least ten days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

a.

Publishing such notice once in a newspaper of general circulation. If there is no newspaper of general circulation than the notice shall be posted in three public places in the city.

b.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to the owners of all property within three hundred feet of the exterior boundaries of the property which is the subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, the name and address of the property owner on the last assessment roll of the county may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.

Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish its own rules for the conduct of such hearings. Any hearing may be continued; provided, that prior to adjournment or recess the presiding officer shall announce the time and place to which the hearing will be continued.

C.

Decision.

1.

The planning commission may approve, conditionally approve, or deny any application following the close of the public hearing on the matter or within thirty-five days thereafter by resolution, or later as may be practicable. Such resolution shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with this chapter.

2.

Written notice of such decision shall be given by mail within ten calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

3.

The decision of the planning commission shall be final on expiration of ten calendar days from, but not including, the date of the decision, unless a notice of appeal is filed with the community development director within such time.

4.

All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed pursuant to subsection D of this section.

D.

Appeal.

1.

Any decision of the planning commission pursuant to this section shall be subject to appeal to the city council.

2.

The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the community development director within ten calendar days from, but not including, the date of the decision. The community development director shall furnish forms of notice of appeal. The appeal shall be accompanied with the fee established by the city council by resolution. The city council, at the written request of two council members, may appeal the planning commission's decision, without payment of fee, to the city council.

3.

Notice of the hearing on appeal shall be given in the manner and time provided in Section 17.160.030(B)(2). Notice of the hearing on appeal shall also be given not less than ten days before such hearing to each person entitled to notice of the preceding decision.

4.

The city council may reserve, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

5.

A decision of the city council on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

E.

Permit Issued. No permit shall be issued prior to the expiration of any appeal period.

(Ord. No. 066-2017, § 1, 5-25-17)

17.160.040 - Discretionary permit decisions by the city council.

The discretionary permits specified in this chapter for review pursuant to this section may be issued by the city council following submission of an application containing the information specified in the applicable section of this chapter, review and recommendation by the planning commission and a properly noticed public hearing. These permits include:

A.

Amendments to this ordinance (Chapter 17.162);

B.

Application for change of zone classification (Chapter 17.162);

C.

Precise development zones (Chapter 17.132);

D.

Final tract and parcel maps;

E.

Conditional use permits, variances, and zone modifications when filed in conjunction with an application for a change in zone classification or for a tentative subdivision map (Chapters 17.148, and 17.152);

F.

Appeal of planning commission decisions (Section 17.160.030(D)(1)).

(Ord. No. 066-2017, § 1, 5-25-17)

Any permit, conditional use permit, zone variance, or zone modification issued pursuant to this chapter may be modified or revoked by the official or decision making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A.

That any term or condition of the permit, conditional use permit, variance, or zone modification has not been complied with.

B.

That the property or portion thereof subject to the permit, conditional use permit, variance, or zone modification is used or maintained in violation of any statute, ordinance, law, or regulation.

C.

That the use for which the permit, conditional use permit, variance, or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

D.

That changes in technology or in the type or amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

(Ord. No. 066-2017, § 1, 5-25-17)

Any legal action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of the decision and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such legal action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.

(Ord. No. 066-2017, § 1, 5-25-17)

Chapter 17.161 - STREETS ADDRESS NUMBERING AND STREET NAMING

Sections:

The purpose of this chapter is to establish procedures for naming streets and assigning street numbers.

(Ord. No. 002-2019, § 1, 9-12-19)

The following system of numbering street addresses in the city of McFarland is hereby adopted.

(Ord. No. 002-2019, § 1, 9-12-19)

Starting at the intersection of Sherwood Avenue State Route 99, all numbers shall proceed north, south, east and west.

All numbers on the north and east sides of any street shall be even, and all numbers on the south and west sides of any street shall be odd. Multi-unit buildings and facilities shall be numbered using and alpha-based system (i.e. Unit A, Unit B).

The standard for the system shall be a six-hundred-sixty-foot square block or square grid system, with each new square being assigned a new series of numbers. From the starting point set forth above, the numbers will start in the 100 series for the first square, 200 series for the next square, and continue on seriatim.

(Ord. No. 002-2019, § 1, 9-12-19)

A legible street address which conforms to the currently adopted county street addressing system shall be posted and maintained on every lot containing a structure, in accordance with the requirements of this chapter. Every person owning, controlling, occupying, or using any house, mobile home, store or building situated on premises fronting on, or taking access from, any officially named public way, easement or place in the county shall, within thirty days after issuance of a street address applicable to this chapter, at their expense shall install permanently on such premises the number issued, subject to the following provisions:

A.

Any accessory building need not be numbered but, if located on a separate unit of frontage, such building may, at the discretion of the community development director, be assigned a street address if requested by the owner or proprietor of the principal establishment to which the building is accessory.

B.

The required number shall be made of durable material, at least three inches in height, or such other size as may be required from time to time by the U.S. Postal Service, and clearly visible and legible from the front line of the officially named public way, easement or place upon which such premises fronts.

C.

If the required number to be displayed needs to be detached from the building to provide required visibility or legibility, such number shall be displayed both on the building and on a mailbox, signpost, gate, etc. as near as practicable to the front line of the officially named public way, easement or place upon which the premises fronts.

D.

If any building or structure is unnumbered or incorrectly numbered, or the number thereof has become defaced or illegible, it shall be the duty of the owner, occupant and person in control to cause the same to be numbered correctly within ten days after notification to do so by the appropriate city official. Such notice may be given by serving or leaving a copy thereof at the building with any person in charge or possession thereof, or by mailing same to the owner of the property as shown by the last property tax roll, or by posting such notice on the door at the entranceway to said building or structure. Any such notice shall specify the correct number of the building or structure.

E.

No person shall deface, remove or destroy any notice so posted until the building or structure on which it has been posted is correctly numbered.

(Ord. No. 002-2019, § 1, 9-12-19)

The community development department director shall have charge of numbering houses, buildings and lots and shall, upon request, give any property owner or occupant of any house or building the number of their premises. It shall be the duty of the community development director to notify householders and others to place proper numbers where required. Such notices shall state the number required, and, upon the failure of the occupant so to do, the community development director may cause the same to be done at the expense of the person notified, which expense shall be collected from the person liable therefore.

(Ord. No. 002-2019, § 1, 9-12-19)

Any person failing to place a number within ten days after being notified so to do shall be guilty of a misdemeanor.

(Ord. No. 002-2019, § 1, 9-12-19)

The street address numbering system set forth herein shall be carried out pursuant to the rules and regulations and maps heretofore approved by the city council by resolution.

(Ord. No. 002-2019, § 1, 9-12-19)

17.161.080 - Street naming system.

The following system of street naming in the city of McFarland is hereby adopted.

(Ord. No. 002-2019, § 1, 9-12-19)

All streets shall be designated according to direction and length by the proper term as set forth in the following schedule:

New streets that are obviously in alignment with others already in existence shall bear the names of such existing streets. In order to avoid duplication or conflict, names to be used for new streets shall be subject to review and approval by all departments and shall be recommended to the planning commission for approval.

(Ord. No. 002-2019, § 1, 9-12-19)

Changes of street names shall be made by resolution of the council following a public hearing and the recommendation to the council by the planning commission and a public hearing by the council. Such public hearings shall be held no earlier than ten days after notice is mailed to each property owner of record along with the portion of the street being considered for name change.

(Ord. No. 002-2019, § 1, 9-12-19)

In consultation with the county 911 system coordinator, the community development department shall approve all new street names. Changes in approved street names for public streets officially recognized by the planning department shall be approved pursuant to Section 970.5 of the Streets and Highway Code. Street names and changes in street names for private road easements shall be reviewed and approved by the community development director in consultation with the county 911 system coordinator. The community development director may initiate a change in officially recognized street names. Street name identification signs shall only be permitted for approved street names and shall be constructed and installed as specified in the City of McFarland Standards.

(Ord. No. 002-2019, § 1, 9-12-19)

Chapter 17.162 - AMENDMENTS TO THIS ORDINANCE

The purpose of this chapter is to establish procedures for the amendment of this zoning ordinance and zoning maps. Amendments to this ordinance may be initiated by the City Council on its own motion or by the application of any interested person.

(Ord. No. 066-2017, § 1, 5-25-17)

The city council, may at any time and in any form deemed appropriate by the city council initiate an amendment to any portion of this chapter. An amendment may be any of the following types:

A.

An amendment to the text of this chapter not changing regulations or standards affecting the use of any property.

B.

An amendment to the text of this chapter changing regulations or standards affecting the use of property.

C.

Amendment to the official zoning maps reclassifying property from one district to another, including applying a combining district to, or removing a combining (overlay) district from, property.

(Ord. No. 066-2017, § 1, 5-25-17)

A property owner, his or her or its authorized representative, or any other interested person may initiate an amendment to the official zoning map to reclassify property from one district to another by submitting an application to the community development director.

A.

An application for a reclassification of property shall include:

1.

The name and address of the applicant;

2.

The name(s) and address(es) of the property owner(s);

3.

Assessor's parcel number(s);

Legal description of the property;

5.

A map of the property;

6.

Identification of the zoning district reclassification being sought;

7.

Signatures or letter of consent from all property owners of record.

The application shall be accompanied with the fee established by the city council by resolution.

B.

The community development director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

(Ord. No. 066-2017, § 1, 5-25-17)

A.

At least ten days before the date of any public hearing on a proposed amendment to the text of this chapter changing regulations or standards affecting the use of any property or on an amendment to the official zoning maps reclassifying property from one district to another, notice of hearing, identity of the hearing body, and the nature of the amendment, and identification of affected properties, shall be given by the following methods:

1.

Publishing such notice once in at least one newspaper of general circulation. If there is no newspaper of general circulation than the notice shall be posted in three public places in the city.

2.

Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to each member of the city council, to each member of the planning commission, to the owners of all property within three hundred feet of the exterior boundaries of the property which is the subject of the application and to any person who has filed a written request for such notice. For the purposes of this notice, the name and address of the property owners on the last assessment roll of the county may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one

thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.

3.

In lieu of the requirements set forth in subsection (A)(1) of this section, notice may also be given by posting notices not more than three hundred feet apart along each street upon which the subject property abuts for a distance of not less than three hundred feet in each direction from the exterior limits of the subject property.

B.

At least ten days before the date of any public hearing on a proposed amendment to the text of this chapter not changing regulations or standards affecting the use of any property, notice of the hearing, including the date, time, place of the hearing, identity of the hearing body, and the nature of the amendment, shall be given by publishing such notice once in at least one newspaper of general circulation. If there is no newspaper of general circulation than the notice shall be posted in three public places in the city.

(Ord. No. 066-2017, § 1, 5-25-17)

A public hearing shall be held before the appropriate hearing body at a time and place in accordance with the public notice. The city council may establish rules for the conduct of such hearings. The name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the city council shall announce the time and place to which the hearing will be continued.

(Ord. No. 066-2017, § 1, 5-25-17)

A.

The city council may approve, conditionally approve, or deny the proposed amendment following the close of the public hearing within thirty-five days thereafter by ordinance. The decision shall be final.

B.

Where the amendment was initiated by an interested person pursuant to Section 17.162.030, written notice of the decision shall be given by mail within seven days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

(Ord. No. 066-2017, § 1, 5-25-17)

Any legal action or proceeding to attack, review, set aside, void, or annul any decisions made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to

such decision, or to determine the reasonableness, legality, or validityor any condition attached thereto, shall not be maintained by any person unless the legal action or proceeding is commenced within thirty days after the date of decision, and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.

(Ord. No. 066-2017, § 1, 5-25-17)

Chapter 17.164 - ENFORCEMENT AND PENALTY[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 066-2017, § 1, adopted May 27, 2017, renumbered Chapter 17.160 as Chapter 17.164.

A.

All departments, officials and public employees of the city vested with the duty or authority to issue permits, certificates or licenses shall comply with the provisions of this title and shall issue no permit, certificate or licenses for uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

B.

Any building or structure erected, moved, altered, enlarged or maintained, or any use of property, contrary to the provisions of this title, shall be, and the same is, declared to be a public nuisance, and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

C.

This title may also be enforced by injunction issued out of the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions of this title.

(Ord. 109 § 37.00, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)

17.164.020 - Duties of building inspector.

The building inspector shall be the official responsible for the enforcement of this title. In the event the building inspector is unable for any reason to act in this capacity, the city council shall appoint someone to act in his stead. In the discharge of this duty the building inspector shall have the right to enter on any site or any structure for the purpose of investigation and inspection, provided that 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. The building inspector may serve notice requiring the removal of any structure in violation of this title on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The building inspector may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The building inspector may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 109 § 37.01, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)

17.164.030 - Violation—Penalty.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title shall be deemed guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Each day that violation of this title continues shall be considered a separate offense.

(Ord. 109 § 37.02, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)

17.200 - Prohibition on Concentrated Animal Feeding Operations (CAFOs)

17.200.010 - Findings

A.

The residents of the city of McFarland value healthy communities including having safe drinking water.

B.

The State of California Water Quality Control Board adopted guidelines and regulations to provide for the control and reduction of salt and nitrates from degrading water quality within the Central Valley.

C.

In February of 2025, the Central Valley Water Quality Control Board conditionally approved the Kern Water Collaborative Early Action Plan (early action plan) as one of the cornerstones of the Nitrate Control Program.

D.

The early action plan identifies disadvantaged communities as areas that lack adequate financial resources to treat for nitrate and other contaminants.

E.

The early action plan identifies confined animal feeding operations as a specific source of nitrate production within the planning area.

F.

Existing confined animal feeding operations within the city limits of the city of McFarland are permitted by the Central Valley Regional Water Quality Control Board to house three thousand five hundred and fiftythree animal equivalent units at the facility.

G.

Existing confined animal feeding operations within the city limits of the city of McFarland produce 14.7 million gallons of wastewater annually which contain high levels of nitrates and salts.

H.

The residents of the city of McFarland have experienced increase levels of nitrates in the drinking water system.

I.

The city of McFarland has taken steps to mitigate the increased nitrate levels on a temporary basis.

J.

The residents of the city of McFarland desire to reduce nitrate producing sources within the city limits of the city of McFarland.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The purpose of this section is to protect the environment and the health and well-being of McFarland residents and communities by prohibiting the operation of CAFOs, as defined herein, within the city limits of the city of McFarland.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The following words and phrases as used in this chapter shall be defined as follows:

"Animal feeding operation" or "AFO" means a lot or facility that meets the regulatory definition of an AFO as set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023. Specifically, a lot or facility (other than an aquatic animal production facility) is deemed an AFO where the following conditions are met:

A.

Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and

B.

Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

"Concentrated Animal Feeding Operation" or "CAFO" means an AFO which meets the definition of a small CAFO, medium CAFO or large CAFO, as defined herein, and set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023, or which is designated as a CAFO of any size by the permitting authority.

"Large CAFO" means an AFO which confines at least the number of animals described in Table 17-0.

"Medium CAFO" means an AFO which falls within the size range in Table 18-0 and either:

A.

Has a man-made ditch or pipe that carries manure or wastewater to surface water;

B.

The animals come into contact with surface water that passes through the area where they're confined; or

C.

Is designated as a medium CAFO by the permitting authority due to being a significant contributor of pollutants.

"Pre-existing CAFO" means a CAFO currently in existence in city of McFarland at the time the ordinance from which this chapter is derived becomes effective.

"Small CAFO" means an AFO which confines fewer than the number of animals listed in Table 17-0 and which has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.

Table 17-0: Size Thresholds for CAFOs

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Two or more lots or facilities that collectively meet the definition of a CAFO shall together be deemed a CAFO if they are under common ownership and are either on adjoining parcels or share a waste disposal system.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A.

No person shall establish, operate, expand, or maintain a CAFO in the city of McFarland on or after the date of the enactment of this section.

B.

This section does not limit or impact the availability of remedies under other applicable local, state and federal laws, regulations, and ordinances, including but not limited to laws, regulations, and ordinances regarding environmental protection and animal cruelty.

C.

The prohibitions in this section shall not apply to an evacuation area set up to temporarily stable animals in the case of a natural disaster or a declared state of emergency, or to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A.

Notwithstanding anything in this section, pre-existing CAFOs shall be deemed a nonconforming use and shall be required to register on a public database maintained by the city of McFarland.

B.

Pre-existing CAFOs shall be given a phase-out period of no more than twenty-four months from the effective date of this section to terminate their operations. Proof of this shall be provided to the city of McFarland prior to the end of the phase-out period. During the phase-out period, pre-existing CAFOs shall not increase the number of animals in confinement.

C.

The city manager or his/her designee shall inspect closed CAFOs within one month of receiving such proof of termination from a pre-existing CAFO to ensure that all relevant operations have ceased or been appropriately terminated.

D.

Any pre-existing CAFO may apply to the city of McFarland for ninety day extensions beyond the phase-out period identified in section 17.200.060B., provided that no more than two extension periods are granted. The extensions would be in the form of a conditional use permit and would include plans and phases for the termination of the pre-existing CAFO and may include the payment of exactions as determined by the city council.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A.

Any person who continues to operate a pre-existing CAFO after the one year phase-out period elapses (or any extension as provided in 17.200.060D.), or who establishes or maintains a CAFO following the enactment of this section, or who violates any other provision of this section, shall be subject to a civil penalty of one thousand dollars for the first offense, five thousand dollars for the second offense, and ten thousand dollars for the third and any subsequent offenses, payable to the city of McFarland General Fund.

B.

Notwithstanding the foregoing, the city manager or his/her designee may also pursue on behalf of the city any other civil or administrative penalty or remedy otherwise available for failure to comply with the requirements of this section.

C.

Each day, or portion thereof, during which the violation occurs shall be treated as a separate offense.

D.

Nothing herein shall impact the standing of other interested parties, or the availability of remedies under other applicable federal, state and local laws, regulations and ordinances, including the remedies afforded by any person set forth in 17.200.100 of this chapter.

E.

For the purposes of this section 17.200.070, "person" includes any owner, officer, or director of a CAFO. No penalties shall be issued to individuals solely for working at a CAFO operation unless they also meet one of the foregoing criteria.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The city manager or his/her designee shall prepare an annual report containing the following information: The number of CAFOs currently operating in city of McFarland; the number of CAFO termination notices received in the previous year; the number of CAFO termination inspections conducted in the previous year; the number of CAFO workers in the retraining program; and the amount of penalties assessed and collected in the previous year. Such report shall be presented to the city council at a duly-noticed public hearing and posted on the city's webpage, beginning one year after the effective date of this section and continuing until all CAFOs, as defined herein, have been phased out of the city.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Any interested party may institute a civil proceeding for injunctive relief against a violation of this section, and for whatever other additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees and costs. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies under law. Nothing in this section is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any state or federal law. For the purposes of this section, "interested party" shall include but not be limited to any association, organization, society, or corporation organized for the purpose of protecting animals or the environment.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Any person who retaliates against another person for making a good-faith complaint that there has been a failure to comply with this section is guilty of a misdemeanor.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

17.200.110 - Severability.

The provisions of this section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. In the event that any provision is severed, the remaining provisions of this section shall be interpreted in light of its stated purpose and intent.

(Ord. of 09-24-2025(1), § 1, 9-24-25)