Chapter 17.48 — FLOOD HAZARD AREAS

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Orange Cove of Fresno County does hereby adopt the following floodplain management regulations.

(Ord. 305 § 3(part), 2003)

17.48.010 - Findings of fact.

A.

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary

public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, also contributes to the flood loss.

(Ord. 305 § 2(part), 2003; Ord. 240 § 1(part), 1983: prior code § 11-1-2301)

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

A.

To protect human life and health;

B.

To minimize expenditure of public money for costly flood control projects;

C.

To minimize the need for rescue and relief efforts associated with flood and generally undertaken at the expense of the general public;

D.

To minimize prolonged business interruptions;

E.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F.

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G.

To ensure that potential buyers are notified that property is in an area of special flood hazard; and

H.

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 305 § 2(part), 2003; Ord. 240 § 1(part), 1980: prior code § 11-1-2302)

In order to accomplish its purposes, this chapter includes methods and provisions for:

A.

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which results in damaging increases in erosion or in flood heights or velocities;

B.

Requiring that uses vulnerable to floods, including facilities which service such uses, be protected against flood damage at the time of initial construction;

C.

Controlling the alternation of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

D.

Controlling, filling, grading, dredging, and other development which may increase flood damage; and

E.

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 240 § 1(part), 1980: prior code § 11-1-2303)

17.48.040 - Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Accessory use" means a use, which is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard." See "special flood hazard area."

"Base flood" means a flood, which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Basement" means any area of the building having its floor sub grade—i.e., below ground level—on all sides.

"Building." See "structure."

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or flood water" means:

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2.

The condition resulting from flood-related erosion.

"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "flooding."

"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.)

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Sections 17.48.260, 17.48.270, and 17.48.280 of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition,

future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" means the local governing unit, i.e., county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship," as related to Sections 17.48.260, 17.48.270, and 17.48.280 of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The city requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system, which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The wet floodproofing standard in Section 17.48.200(C)(3);

b.

The anchoring standards in Section 17.48.200(A);

c.

The construction materials and methods standards in Section 17.48.200(B); and

d.

The standards for utilities in Section 17.48.220.

2.

For residential structures, all sub-grade enclosed areas are prohibited as they are considered to be basements (see "basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation, which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction

industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood." See "base flood."

"Public safety and nuisance," as related to Sections 17.48.260, 17.48.270, and 17.48.280 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle, which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, form by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area." See "area of shallow flooding."

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, Al-A30, AE, A99, AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have

incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 305 § 2(part), 2003: Ord. 260 § 2(part), 1988: Ord. 240 § 1(part), 1983: prior code § 11-1-2304)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

(Ord. 240 § 1(part), 1980: prior code § 11-1-2305.1)

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated July 19, 2001, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated July 19, 2001, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are on file at city hall.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2305.2)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2305.3)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 240 § 1(part), 1980: prior code § 11-1-2305.4)

In the interpretation and application of this chapter, all provisions shall be:

A.

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and,

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 240 § 1(part), 1980: prior code § 11-1-2305.5)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state of California, the Federal Insurance Administration, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2305.6)

A development permit shall be obtained before any construction or development begins within any area of special flood hazard established in Section 17.48.060. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A.

Site plan, including but not limited to:

1.

For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and

2.

Proposed locations of water supply, sanitary sewer, and utilities; and

3.

If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4.

If applicable, the location of the regulatory floodway; and

B.

Foundation design detail, including but not limited to:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

2.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 17.48.200(C)(3) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

3.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method); and

C.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 17.48.200(C)(2) of this chapter and FEMA Technical Bulletin TB 3-93; and

D.

All appropriate certifications listed in Section 17.48.130(D) of this chapter; and

E.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2306.1)

The city administrator or his designee is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2306.2)

17.48.130 - Duties and responsibilities of floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A.

Permit Review. Review all development permits to determine that:

1.

Permit requirements of this chapter have been satisfied;

2.

All other required state and federal permits have been obtained;

3.

The site is reasonably safe from flooding; and

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B.

Review, Use and Development of Other Base Flood Data.

1.

When base flood elevation data has not been provided in accordance with Section 17.48.060, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 17.48.200. 17.48.220, 17.48.230, 17.48.240, 17.48.245, and 17.48.250. Any such information shall be submitted to the city for adoption; or

2.

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Sections 17.48.200, 17.48.220, 17.48.230, 17.48.240, 17.48.245, and 17.48.250:

a.

Simplified Method.

i.

100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

ii.

Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

b.

Detailed Method. The 100-year or base flood discharge and the base flood elevation shall be obtained using detailed methods identified in FEMA Publication 265, published in July 1995 and titled: "Managing Floodplain Development in Approximate Zone A Areas-A Guide for Obtaining and Developing Base (100year) Flood Elevations."

C.

Notification of Other Agencies.

1.

In alteration or relocation of a watercourse:

a.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

b.

Submit evidence of such notification to the Federal Emergency Management Agency; and

c.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

2.

Base flood elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

b.

All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

D.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed the following:

1.

Certification required by Sections 17.48.200(C)(1) and 17.48.240 (lowest floor elevations);

2.

Certification required by Section 17.48.200(C)(2) (elevation or flood proofing of nonresidential structures);

3.

Certification required by Section 17.48.200(C)(3) (wet flood proofing standard);

4.

Certification of elevation required by Section 17.48.230(B) (subdivision standards);

5.

Certification required by Section 17.48.250(A) (floodway encroachments).

E.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable

opportunity to appeal the interpretation as provided in Sections 17.48.260, 17.48.270, and 17.48.280.

F.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 17.48.070.

(Ord. No. 355, § 1, 9-28-2011; Ord. 305 § 2(part), 2003: Ord. 260 § 2(part), 1988: Ord. 240 § 1(part), 1980: prior code § 11-1-2306.3.1)

17.48.135 - Appeals.

The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(Ord. 305 § 3(part), 2003)

17.48.200 - Standards of construction.

In all areas of special flood hazards the following standards are required:

A.

Anchoring.

1.

All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4.

Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

C.

Elevation and Floodproofing. (See Section 17.48.040 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

1.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

a.

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The State of California recommends that in AO zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.)

b.

In an A zone, elevated to a minimum of two feet above the base flood elevation, as determined by the community. Said base flood elevation shall be determined by one of the methods in Section 17.48.130(B) of this chapter.

c.

In all other zones, elevated to a minimum of two feet above the base flood elevation.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

Nonresidential construction:

a.

All new construction or substantial improvements of nonresidential structures shall either be:

i.

Elevated to conform with Section 17.48.200(c)(1); or

ii.

Floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 17.48.200(c)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered civil engineer or architect that the standards of Section 17.48.200(c)(1)a. and b. are satisfied. Such certification shall be provided to the floodplain administrator.

3.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:

a.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

b.

Be certified by a registered professional engineer or architect.

4.

Manufactured homes shall also meet the standards in Section 17.48.240.

(Ord. No. 355, § 2, 9-28-2011; Ord. 305 § 2(part), 2003: Ord. 260 § 2(part), 1988: Ord. 240 § 1(part), 1980: prior code § 11-1-2307.1)

A.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1.

Infiltration of flood waters into the systems; and

2.

Discharge from the systems into floodwaters.

B.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2307.3)

A.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:

1.

Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

2.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

3.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:

a.

Lowest floor elevation.

b.

Pad elevation.

c.

Lowest adjacent grade.

B.

All subdivision proposals shall be consistent with the need to minimize flood damage.

C.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. No. 355, § 3, 9-28-2011; Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2307.4)

17.48.240 - Standards for manufactured homes.

A.

All manufactured homes that are placed or substantially improved, within zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

1.

Outside of a manufactured home park or subdivision;

2.

In a new manufactured home park or subdivision;

3.

In an expansion to an existing manufactured home park or subdivision; or

4.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum two feet above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of paragraph 17.48.240(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either:

1.

The lowest floor of the manufactured home is a minimum two feet above the base flood elevation; or

2.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(Ord. 305 § 2(part), 2003: Ord. 260 § 2(part), 1988: Ord. 240 § 1(part), 1980: prior code § 11-1-2307.5)

17.48.245 - Standards for recreational vehicles.

A.

All recreational vehicles placed on sites within zones Al-30, AH, and AE on the community's Flood Insurance Rate Map will either:

1.

Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

2.

Meet the permit requirements of Sections 17.48.110, 17.48.120, 17.48.130, and 17.48.135 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 17.48.240(A).

(Ord. 305 § 3(part), 2003)

Located within areas of special flood hazard established in Section 17.48.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A.

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.

B.

If Section 17.48.250(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 17.48.200, 17.48.220, 17.48.230, 17.48.240, 17.48.245, and 17.48.250.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2307.6)

The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. 305 § 2(part), 2003: Ord. 240 § 1(part), 1980: prior code § 11-1-2308)

17.48.270 - Appeal board.

A.

In passing upon requests for variances, the city shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1.

The danger that materials may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

B.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for one hundred dollars of insurance coverage; and

2.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the Fresno County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. 305 § 3(part), 2003)

A.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.48.110, 17.48.120, 17.48.130, 17.48.135, 17.48.200. 17.48.220, 17.48.230. 17.48.240, 17.48.245, and 17.48.250 of this chapter have been fully considered. As the lot size increases beyond onehalf acre, the technical justification required for issuing the variance increases.

B.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.48.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation

requirement, this means the city need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city believes will both provide relief and preserve the integrity of the local ordinance.

E.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 17.48.040 of this chapter) to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 17.48.040; see "public safety or nuisance"), cause fraud or victimization (as defined in Section 17.48.040) of the public, or conflict with existing local laws or ordinances.

F.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of sections 17.48.280(A) through 17.48.280(E) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and do not result in additional threats to public safety and do not create a public nuisance.

G.

Upon consideration of the factors of Section 17.48.270(A) and the purposes of this chapter, the city may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 305 § 3(part), 2003)

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 305 § 3(part), 2003)

Chapter 17.50 - PLANNED COMMUNITIES

Sections:

17.50.010 - Title.

This chapter shall be referred to as the "planned communities chapter."

(Ord. 214 § 1(part), 1981: prior code § 11-3-101)

This chapter is intended as an alternate process to accommodate major and unique developments for residential, commercial, professional, or other similar activities, including combinations of uses and modified development standards, which would create a desirable, functional, and community environment under controlled conditions of a development plan. This chapter is further intended to provide assurances to a land developer which will reduce the economic risks of a project while providing the city with a flexible means of promoting comprehensive planning and orderly development.

(Ord. 214 § 1(part), 1981: prior code § 11-3-201)

Unless the particular provision or the content otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Chapter 17.04 shall also govern the construction, meaning and application of words and phrases used in this chapter and development agreements entered into pursuant to the provisions of this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

"Adopted city standards" shall means those property development standards and public improvement standards contained in Chapter 17.60 and as determined by the city engineer.

"Applicant" means the developer or landowner requesting review and consideration of a proposed planned community.

"Approved planned community" means the project report, certified environmental impact report or negative declaration, and development agreement processed, completed, and approved pursuant to the provisions of this chapter.

"City administrator" means the city administrator of the city, or his designee.

"Gross area" means the area of a parcel or parcels prior to the dedication of land for any public street purpose.

"Property development standards" means those improvement standards for the development of private property, including, but not limited to, building heights, setbacks, building site area and coverage signs, landscaping, parking and access, and all special conditions required by the city as a condition in a covenant, agreement or special permit are met.

"Public improvement standards" means those standards which relate to public improvements and facilities including, but not limited to streets, street lighting, utilities and drainage systems.

(Ord. 214 § 1(part), 1981: prior code § 11-3-301)

A.

This chapter, and any development plan or agreement, shall provide the specific regulations, and development standards for any planned community as established pursuant to this chapter. Unless otherwise provided for in this chapter, or in any development plan or agreement, Chapter 17.60 shall be specifically applied to any planned community established pursuant to this chapter.

B.

Uniform city standards shall be the minimum standards for any planned community unless otherwise provided for in a development plan or agreement.

C.

All such planned communities shall be identified on the official zone map with the letter coding PC followed by a specific reference number identifying each separate planned community and such shall constitute the zone district classification for each planned community. All development plans and agreements adopted pursuant to this chapter shall be identified by reference to the corresponding designation of each PC district on the zoning map.

D.

The gross area of any planned community established pursuant to this chapter shall be determined and approved by the city council.

E.

Developments that are planned for residential uses and home ownership shall be exempt from the provisions of Section 17.50.140 where the planned community has been completed, and all provisions of the agreement have been complied with.

(Ord. 214 § 1(part), 1981: prior code § 11-3-401)

Any use may be permitted in any planned community, provided such use shall be specifically listed as a permitted use in the development agreement for the planned community. Such uses shall be located and conducted in accordance with an approved planned community and development agreement adopted pursuant to the provisions of this chapter.

(Ord. 214 § 1(part), 1981: prior code § 11-3-501)

Any use may be established as a conditional use in a planned community, provided such use be specifically listed as a conditional use subject to the provisions of the development agreement for the

planned community. Such conditional uses shall be located and conducted in accordance with an approved planned community and development agreement adopted pursuant to this chapter.

(Ord. 214 § 1(part), 1981: prior code § 11-3-601)

Planned communities shall observe the following design review criteria:

A.

The overall planned community shall be comprehensive and shall embrace land, buildings, landscaping and their interrelationships and shall be substantially consistent with the general plan, except as otherwise provided in Section 17.50.100(D).

B.

The planned community shall provide for adequate permanent open areas, circulation, off-street parking, and pertinent pedestrian amenities. Building structures and facilities and accessory uses within the planned community shall be well integrated, oriented and related to the topographic and natural features of the area.

C.

The planned community shall be compatible with existing and planned land use on adjoining properties.

D.

The local street system shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles and the handicapped, without creating a disruptive influence on the activity and functions of any area or facility. In addition, design of local streets shall provide for proper and convenient service to affected parcels.

E.

The major street system within a planned community shall be designed for the efficient and safe flow of vehicles, pedestrians, bicycles and the handicapped. Major streets shall be designed using standard city lane width, capacities and travel speeds. The design shall also include adequate space and improvements and facilities for bicycles and pedestrians circulation. Design of major streets shall also provide sidewalks, adequate street lighting and concrete median islands on arterial streets.

F.

Where applicable, common area and recreational facilities shall be located so as to be readily accessible to the occupants of residential uses.

G.

Compatibility of architectural design and appearance and architectural harmony with surrounding neighborhoods including signing throughout the planned community, shall be sought as far as practicable.

H.

Where applicable, an adequate variety of uses and facilities shall be provided in order to meet the needs of the planned community and adjacent neighborhoods.

I.

The planned community and each building intended for occupancy shall be designed, placed, and oriented in a manner conducive to the conservation of energy.

J.

The planned community shall be consistent with all applicable policies of the housing element of the general plan.

(Ord. 214 § 1(part), 1981: prior code § 11-3-701)

The processing of a planned community shall commence with the submission of a project report to the city administrator. The project report shall be in a form, determined by the city administrator, which will promote a complete understanding of the proposed planned community and allow for convenient modification and supplementation of such project report as the proposed planned community is reviewed and evaluated. The applicant shall submit a sufficient number of copies of the project report as determined by the city administrator. Each project report shall contain the following minimum information:

A.

Development Plan.

1.

A legal description of the exterior boundaries of the planned community;

2.

A map drawn to scale showing the boundaries of the planned community, any public or private streets, proposed building sites, and any areas proposed to be dedicated or reserved for school sites, ponding basins, parks, parkways, paths, playgrounds, public buildings, and other such public or private uses;

3.

A map drawn to scale, based upon a survey commissioned by the applicant, showing the existing and proposed topography of the planned community at contour intervals as determined appropriate by the city administrator;

4.

A land use plan, including densities and intensities of uses, for the proposed district identifying the areas proposed for each use or combination of uses identified by the development program statement;

5.

A vehicular and circulation plan for streets and rights-of-way within the planned community and for intersections and extensions of streets within the planned community indicating the proposed movement of vehicles, goods, pedestrians and bicycles within the planned community, and to and from adjacent thoroughfares;

6.

Designation of the number and type of dwelling units, gross area, and corresponding residential density for each area proposed for residential uses and the aggregate numbers and types of dwelling units, gross area, and residential density for all proposed residential uses;

7.

Description of intensity of nonresidential uses expressed as estimated floor area yield for each area of the planned community for which nonresidential uses are proposed;

8.

Location of existing buildings;

9.

Provision of an estimate of water consumption and waste water discharge (in gallons per day) for the planned community, and, a description of anomalous systems proposed for securing and supplying water, if such systems are intended for the planned community;

10.

Description of utility service systems, including gas, electricity, telephone and cable television, to be provided for the planned community;

11.

Description of storm waters and flood control systems, including location of flood control facilities;

12.

Description of energy conservation designs and techniques to be incorporated in the development of the planned community.

B.

Development Schedule.

1.

A schedule, indicating to the best of the applicant's knowledge, the approximate earliest date upon which construction or development can begin, the approximate duration of time required for completion of the development, and the approximate date or dates of occupancy;

2.

A phasing program, indicating, in the event the proposed development within the planned community is expected to require more than two years for completion and occupancy, a logical or programmed sequence of phases and related public improvements and incorporating a schedule as described in subsection A of this section for each phase of development.

C.

Development Program Statement.

1.

A complete listing of all permitted and conditional uses retained or proposed, or potentially to be included, within the planned community;

2.

A description of the nature of uses proposed, and the conditions or characteristics of occupancy, use, or operation, with particular reference to those conditions or characteristics which may warrant regulation differing from those regulations which might apply to such uses if located in one or more general zone districts within the city, and justification for any such differences;

3.

A complete listing and description, including diagrams, of all property development standards. Such listing may include references to existing provisions of this code. A statement of justification shall accompany any property development standards;

4.

A complete listing and description, including appropriate diagrams, and a statement of justification of all public improvements standards not consistent with adopted city standards which are proposed for the planned community;

5.

A complete listing and statement of justification of all proposed deviations from plans and policies identified.

D.

General Plan and Environmental Information. The applicant shall provide appropriate information for the formulation of the regulations, conditions, programs and proposed legislation necessary or convenient for the systematic implementation of the general plan. The applicant shall also provide such support documentation, studies, analysis and explanatory materials pertinent for the thorough understanding and assessment for environmental impact with procedures for implementation of the California Environmental Quality Act of 1970 as adopted by the city and if required prepare an environmental impact report.

E.

Supplemental Information. The applicant shall further provide any additional information, studies or materials which the city administrator may deem appropriate for the reasonable explanation or illustration of the planned community. Any request by the city administrator made pursuant to the provisions of this subsection shall be in writing and mailed by first class mail to the applicant or his designated representative.

F.

Appeal of City Administrator. Any action of the city administrator pursuant to subsection E of this section may be appealed within ten calendar days of the date of mailing. The appeal shall be set for hearing before the council on the earliest practical date. The council may set the city administrator's action aside only upon finding the information requested is irrelevant or insignificant to the review of the planned community. The decision of the council is final.

G.

Initial Application. Prior to, or at the time of the submission of any information required in this section, the applicant shall submit an initial application to the director. Such initial application shall identify the applicant and his representatives and generally describe the proposed planned community's technical, economic and environmental characteristics. The initial application shall be submitted prior to preparation of a draft environmental impact report.

(Ord. 214 § 1(part), 1981: prior code § 11-3-801)

17.50.090 - Precise plans of design.

A.

A tentative tract map may be submitted prior to processing a planned community development. A tract map will be subject to the conditions of the planned community development ordinance and any other conditions as may be imposed.

A precise plan of design for the planned community, or portion or phase thereof as approved and accepted by the director, must be submitted to the director for review and approval prior to the issuance of a building permit. Such plan may be submitted (1) as a part of the project report for the planned community as submitted, in which event the plan will be reviewed and considered as an integral part of the project report for the planned community, or (2) at any time after the approval of the planned community and prior to the issuance of a building permit. A tentative subdivision map or preliminary parcel map, covering at a minimum the area of the precise plan of design shall be submitted concurrently with such plan whenever the city administrator deems such map appropriate. The filing of a tentative subdivision map or a preliminary parcel map pursuant to the provisions of this section shall be deemed a waiver of the time limits contained in this title.

B.

Each precise plan of design for a planned community, or portion thereof, shall contain the following minimum information:

1.

Identification of area to be developed based upon legal description or existing or proposed lots or parcel boundary lines;

2.

Complete plan and elevations showing the site, shape, height and use of all proposed buildings and structures, with clear delineation of all architectural features, including but not limited to the type and color of exterior surface materials, all doorways and other points of building access, windows and mechanical equipment;

3.

Complete and accurate dimensions of the following:

a.

Existing and proposed lot or parcel boundaries,

b.

Plans and elevations of all buildings and structures,

c.

Roof and building projections such as cornices, eaves, fireplaces, chimneys, porches, platforms stairways and balconies, distances between building and structures, distances from structures to property lines,

d.

Width and configuration of internal streets, driveways, and other circulation features, parking garages, stalls, access areas, and loading or service areas;

4.

Proposed off-street parking, including garages, covered stalls, uncovered stalls, striping, wheel stops and directional arrows;

5.

Internal circulation system, indicating the following: existing and proposed public streets; existing and proposed right-of-way dedications; walkways, bikeways, and trails; proposed private streets and drives showing location, width, access from public streets, any proposed gates or access controls, and whether parking is to be permitted or prohibited. Provide a cross-section of private streets and drives indicating dimensions, type of paving, curbs and any proposed sidewalks;

6.

Landscaping and irrigation systems, showing location, type and size of plant material;

Common facilities for residential developments, such as open space areas, swimming pools, and cabanas, recreation centers and tennis courts;

8.

Walls and fences, showing the location, dimension, and type of construction;

9.

Signs, advertising structures, and other graphics, indicating location, elevation and design;

10.

Exterior lighting, showing the location and type of lighting and whether such lighting is hooded;

11.

Exterior facilities for the handicapped, including handicapped parking facilities;

12.

On-site drainage plan;

13.

Description of measures intended to reduce energy consumption, including active solar systems, and measures to provide for passive and natural hearing and cooling opportunities;

14.

Tabulations showing the following:

a.

Total site area,

b.

Common owned open space area,

c.

Area of each lot covered by impermeable surface as paving, foundations,

d.

Total number of dwelling units,

e.

Square footage of each building,

f.

Total number of parking spaces;

15.

Such other information as the city administrator may deem appropriate or necessary.

C.

A precise plan of design, and any related tentative subdivision map or preliminary parcel map, submitted after the approval of the planned community, shall be processed pursuant to the provisions of Chapter 17.60 and reviewed pursuant to the provisions of this section.

D.

The design and use of the site, buildings and structures must be substantially consistent and compatible with the planned community and the provisions of the development agreement.

(Ord. 214 § 1(part), 1981: prior code § 11-3-901)

17.50.100 - Planned community review process.

A.

Proposals for planned communities shall be processed as provided in this section.

B.

Preliminary Project Conferences.

1.

Prior to filing a project report for a planned community, the applicant, his engineer, and his planning consultant shall meet with the city administrator and the public works director and city engineer in order to (1) discuss property development standards and public improvement standards which may be proposed for the planned community; (2) acquaint the developer with the substantive and procedural requirements of this chapter; and (3) identify policies and issues which may create opportunities or pose significant constraints for the proposed planned community. At least thirty days in advance of such meeting, the applicant shall submit to the city administrator and the public works director a preliminary list and description of (1) all property development standards, (2) all public improvement standards not consistent with uniform city standards, and (3) all deviations from adopted plans and policies, which may be proposed for the planned community.

2.

Nothing in this section shall be construed as precluding any other conference, meeting or discussion which the applicant or the city administrator deems appropriate.

C.

Completion and Acceptance of a Project Report. No later than thirty days after the city has received a project report for a planned community, the city administrator shall determine in writing whether such project is complete and accepted for processing, and shall immediately transmit such determination to the applicant. In the event the project report is determined not to be complete, the city administrator's determination shall specify those parts of the project report which are incomplete and shall indicate the manner in which such project report may be made complete. After the city administrator accepts a project report as complete, the city administrator may, in the course of processing the project report, require the applicant to clarify, amplify, correct or otherwise supplement the information required for the project report.

D.

Amendment to Plans. A project report for a planned community shall be deemed an application for an amendment to the general plan.

E.

Fees. Prior to the time a project report for a planned community is determined to be complete and accepted for processing, the applicant shall pay such fees as provided in the master fee resolution.

F.

Distribution of Project Report. The city administrator shall distribute copies of the project report for a planned community, including the development plan, development schedule, and development program statement, and all accompanying materials to other city departments and officials, government agencies, public utilities, and private organizations who are directly concerned with the planned community.

G.

Notice of Proposed Planned Community. Not later than fifteen days after the city administrator has received the initial application for a planned community, the city administrator shall publish once in a local newspaper of general circulation notice of such application. In addition, the city administrator shall give written notice of such application to the owners of all property within the area of the proposal and within three hundred feet of the proposed planned community and any person who may have requested such notice. Such notice shall provide a brief synopsis of the proposal as indicated in the initial application.

H.

Environmental Impact Report. Prior to the planning commission and council review of the project report and proposed planned community, an environmental assessment and negative declaration or an environmental impact report as applicable, that complies with the California Environmental Quality Act of 1970, as amended, and applicable state guidelines, must be completed and submitted to the city administrator. A project report for a planned community shall not be deemed complete until a draft environmental impact report has been completed and accepted by the city administrator.

I.

Preparation of Report and Analysis.

1.

The city administrator shall cause to be prepared a written report and analysis on the proposed planned community for presentation to the planning commission and council. Such report and analysis shall contain appropriate staff recommendations and shall be served on the applicant at least ten days prior to any hearing on the proposed planned community before the planning commission.

2.

The city administrator shall develop and implement appropriate administrative procedures for the participation of interested persons, affected property owners, private organizations, public agencies, and other city departments and officials in the preparation of the report and analysis on the planned community.

J.

Planning Commission Hearing. Within thirty days of completion of the final environmental impact report, or within sixty days of the date the project report is accepted as complete, whichever date is later, the commission shall hear and consider the proposed planned community.

1.

Notice of time, place and purpose of such hearing shall be published once in a local newspaper of general circulation, not less than ten days prior to the date of the hearing and shall be mailed to all persons, organizations and agencies which participated in the preparation of the city administrator's report and analysis. The city administrator may also give such additional notice as he deems desirable and practicable.

2.

Notice of the time, place and purpose of a hearing for the consideration of a planned community proposal shall be given at least ten days in advance of such hearing to all owners of land within three hundred feet of such proposed planned community.

3.

The hearing may be continued pursuant to the provisions of Section 16.20.130.

4.

At the conclusion of the hearing, the commission shall recommend to the council approval, disapproval, or modification of the proposed planned community. Such recommendation shall include specific regulations to be applied to the proposed planned community, including, but not limited to the following:

a.

Permitted uses;

b.

Conditioned uses;

c.

Property development regulations;

d.

Public improvement standards;

e.

Special requirements where applicable;

f.

Development plan and schedule.

K.

Council Hearing. Within thirty days of commission action on a proposed planned community, a public hearing shall be set by the city clerk, noticed in accordance with subsections (J)(1) and (J)(2) of this section, and held by the council.

1.

Following such hearing the council shall adopt, modify, or reject the proposed planned community, and the specific regulations which shall govern such planned community.

2.

The hearing may be continued pursuant to the provisions of Chapter 17.52.

3.

Prior to approval of a planned community the council must find such planned community is consistent with the general plan, except as otherwise provided in Section 17.50.100(D) and that the design criteria identified in Section 17.50.070 of this chapter have been satisfied.

4.

Any decision of the council shall be final.

5.

A planned community shall be adopted by uncodified ordinance.

6.

Approval of any planned community shall include such conditions and specific regulations to be applied to the proposed planned community, including, but not limited to, the following:

a.

Permitted uses;

b.

Conditional uses;

c.

Property development regulations;

d.

Public improvement standards;

e.

Special requirements where applicable;

f.

Development plan and schedule.

L.

Applicant Modifications. Whenever the developer initiates or proposes a modification, change, or amendment to an accepted project report for a planned community, the time limits specified in this section shall be tolled for a period of thirty days following submission of such modification, change, or amendment, unless otherwise agreed to by the city administrator.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1001)

The approval of a planned community shall be subject to the applicant entering into an agreement or agreements with the city for the provision and guarantee of the terms, conditions, and regulations of the planned community as approved by the council. Such agreement shall be the legal mechanism for the full implementation and enforcement of the approved planned community. The agreement shall be prepared under the direction and supervision of the city administrator and the public works director and approved as to form by the city attorney. Such development agreement shall contain the following minimum provisions:

A.

Duration of agreement;

B.

Permitted and conditional uses;

C.

Density or intensity of uses;

D.

Location of uses;

E.

Provisions for reservation, dedication and improvement of land for public purposes;

F.

Rules, regulations, policies and detailed design of physical improvements, governing property development standards and public improvement standards;

G.

Conditions, terms, restrictions and requirements for subsequent discretionary actions, if applicable;

H.

Commencement and completion dates as specified in the development schedule;

I.

Performance security as may be required;

J.

An appeal to council process for resolution of any interpretation disputes.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1101)

17.50.120 - Periodic council review and reversion.

A.

At least every twelve months the city administrator shall submit to council a review of each commercial, industrial, condominium and residential development agreement entered into pursuant to the provisions of this chapter.

B.

Council may terminate or modify the agreement without the consent of the applicant or his successors in interest in the event council finds and determines, on the basis of substantial evidence, the applicant or successor in interest has not complied in good faith with the terms and conditions of the agreement.

C.

The termination of a development agreement pursuant to the terms of this section shall result in the immediate withdrawal of the PC district for each area of the planned community for which a final map has not been recorded or a building permit issued subsequent to the approval of the planned community.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1201)

Unless amended or canceled pursuant to Section 17.50.150, a development agreement shall be enforceable by any applicable general, zoning, subdivision, or building regulation adopted by the council which may otherwise alter or amend the rules, regulations, or policies specified in such development agreement.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1301)

Construction drawings and plan checking documents, subsequently submitted with applications for required permits or other construction approvals pursuant to approved planned community regulations, shall conform to the precise plan of design and shall be subject to all applicable review and permit requirements in effect at the time of approval and permit issuance.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1401)

A.

A development agreement may be amended, or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner specified in Section 17.50.100(L). An amendment to an agreement shall be adopted by ordinance.

B.

Nothing in this chapter shall preclude the processing or approval of discretionary entitlements or rights or privileges identified in Chapter 17.02. Such entitlements shall be processed in the manner specified in such chapter. The property development standards, public improvement standards, and other design standards contained in the approved planned community shall be applied in the review of such entitlement applications.

C.

Any amendment to the development agreement, planned community, or precise plan of design which substantially deviates from, or substantially modifies, the terms, condition, and regulations of the approved planned community, as determined by the city administrator, shall be deemed a new request for a planned community and processed pursuant to the provisions of Section 17.50.100.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1501)

No later than ten days after the council enters into a development agreement, the city clerk shall record a copy of the agreement with the county recorder. The burdens of the agreement shall be binding upon, and

the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.

• (Ord. 214 § 1(part), 1981: prior code § 11-3-1601)

A.

All planned communities approved pursuant to the provisions of this chapter shall provide for property owners' associations which have jurisdiction and responsibility over commonly owned lands and facilities, landscaped areas within street rights-of-way, and any other area specified in the development agreement.

B.

A declaration of covenants, conditions, and restrictions relating to the management of the areas described in subsection A of this section shall be required. Such declaration shall provide for the following, in addition to any standards or provisions set by other applicable codes, ordinances and laws:

1.

The city shall have a right of immediate access to all portions of any common areas for the purpose of preserving the public health, safety and welfare.

2.

Each property owners' association shall be required to repair and maintain all on-site sewer and water lines.

3.

Each property owners' association shall be responsible for all charges and assessments relating to sewer, water and waste collection services provided by the city.

4.

Each property owners' association shall be responsible for maintaining all common areas and common facilities, all landscaped areas within any public or private street right-of-way, and any other areas specified in the development agreement. It shall be the obligation of each property owners' association to maintain such areas and facilities in good condition.

5.

All property owners, or their tenants, shall be responsible for providing fire and extended insurance for structures and buildings as identified in the development agreement.

6.

All property owners, or their tenants, shall be prohibited from altering or modifying any party wall or causing the alteration or addition of any electrical, mechanical, or plumbing fixture in or along any party wall.

The city administrator shall have a right to veto any action of a property owners' association which may decrease the amount of regular annual assessment when the city finds such a decrease would adversely affect the long-run maintenance of any area described in subdivision 4 of this subsection. Such action of the city administrator may be appealed to the planning commission pursuant to the provisions of Chapter 17.02.

8.

Such other covenants, conditions, and restrictions which may be necessary or expedient for the fulfillment, satisfaction or enhancement of the terms of the development agreement and the planned community as approved by council.

C.

The city shall have the authority to enforce the above provisions of the declaration. Any amendment of such provisions shall require the prior written approval of the city administrator.

(Ord. 214 § 1(part), 1981: prior code § 11-3-1701)

The provisions of Title 16 relating to planned communities shall apply to all apartments and leasing units and all residential classifications.

(Ord. 218 § 2, 1980)

Chapter 17.51 - DENSITY BONUS

The purpose of a density bonus is to encourage the private sector to construct affordable housing for "target households" as defined by the Government Code. The city can approve a density bonus if a private sector housing developer agrees to construct a certain percentage of units for target households and agrees to maintain their affordability for a specific time period.

Section 65915 of the state Government Code states that when an applicant seeks a density bonus for a housing development in the city, the city shall provide the applicant incentives or concessions for the production of housing units and child care facilities.

(Ord. No. 380, § 1, 8-24-2016)

A.

"Density bonus": A density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and the land use element of the general plan as of the date of application. Density bonus percentages may range from five to thirty-five percent depending upon the percentage of

low-income, very low-income or moderate-income housing units proposed for construction by a housing developer.

B.

"Developer incentives":

1.

Reduce or eliminate standards contained in the subdivision ordinance or the city's improvements manual.

2.

Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.

3.

Reduce or eliminate any design requirements exceeding uniform building code specification.

C.

"Housing development": One or more residential projects that have five or more residential units.

D.

"Low income household": A unit affordable to a household at a rent that does not exceed eighty percent of the county median household income.

E.

"Very low income household": A unit affordable to a household at a rent that does not exceed fifty percent of the county median household income.

F.

"Extremely low income household": A unit affordable to a household at a rent that does not exceed thirty percent of the county median household income.

G.

"Target households": Lower-income households or senior citizen households.

H.

"Senior households": Those residential units that have at least one occupant that is at least fifty-five years of age or older.

(Ord. No. 380, § 1, 8-24-2016)

17.51.030 - Application and fees.

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

(Ord. No. 380, § 1, 8-24-2016)

Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside at least ten percent of the total units as affordable to low-income households; or at least five percent of the total units as affordable to very low-income households; or at least ten percent of the total units as affordable for moderate-income households.

Development concessions or incentives that may be provided by the city include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces; or architectural design requirements which exceed the minimum building standards); 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 such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions.

A project that receives a density bonus and concession or incentive must retain affordability of the units for at least thirty years.

(Ord. No. 380, § 1, 8-24-2016)

17.51.050 - Density bonus requirements for land donations.

If an applicant for a tentative subdivision map, parcel map, or some other type of residential development application donates land to city where very-low income housing can be developed, the developer shall be entitled to a minimum of fifteen percent increase above the allowable residential density under the zoning ordinance and land use element of the general plan.

(Ord. No. 380, § 1, 8-24-2016)

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

(Ord. No. 380, § 1, 8-24-2016)

17.51.070 - Report and findings.

The planning department shall prepare a report on the density bonus application. The department shall provide a recommendation based on the following density bonus requirements.

A.

The housing development qualifies for a density bonus based on the requirements outlined in Government Code Sections 65915—65918.

B.

The applicant has provided to the city the legal instrument that will ensure that "target households" will remain affordable for at least thirty years.

C.

The application has selected a developer incentive or concession.

(Ord. No. 380, § 1, 8-24-2016)

Following the planning commission's review of the planning department's report on the applicant's request for a density bonus, the commission shall take action on the density bonus application based on the regulations contained in Government Code Sections 65915—65918. The commission can approve, approve with conditions, or deny the density bonus. Denial of a density bonus application shall require findings consistent with those in Government Code Sections 65915—65918.

The commission's recommendation shall be forwarded to the city council.

If the commission approves the density bonus and the developer provides an instrument that will ensure that "target households" will remain affordable for thirty years or longer, the commission may grant a developer incentive. If the commission finds that a developer incentive is not necessary to ensure the affordability of "target households," it shall make a written finding that the incentive or concession is not necessary.

The commission's decision shall not be based on a finding that "target households" will occupy the housing project and that this condition may have an adverse impact on the neighborhood or community.

Within ten days of adopting a resolution on the density bonus, the planning department shall forward the commission's recommendation to the city council and shall transmit a copy of the commission's resolution to the applicant.

(Ord. No. 380, § 1, 8-24-2016)

17.51.090 - Action of the city council.

The city council shall consider the planning commission's recommendation and shall take action on the density bonus application. The council can approve, approve with modifications, or deny the density bonus application. One of the following actions shall be initiated:

A.

If the city council approves or approves with modification a density bonus application, the council shall adopt a resolution that confirms the finding associated with the approval or a density bonus project.

B.

Any modification of the proposed density bonus by the city council that is based on information not considered by the planning commission shall cause the density bonus application to be referred back to the commission for its reevaluation and recommendation.

(Ord. No. 380, § 1, 8-24-2016)

Agreements, contracts, or other instruments between the city and the developer shall be required to ensure that "target households" shall remain affordable for the period of time agreed to by the city and the developer. Said agreement shall be reviewed and approved by the city attorney and shall be recorded with the county recorder's office.

(Ord. No. 380, § 1, 8-24-2016)

The base density of a property for which a density bonus is being requested shall be determined by the property's zoning. A housing development may qualify for a minimum increase or density bonus of thirtyfive percent over the maximum number of permitted residential units of the property's zoning.

(Ord. No. 380, § 1, 8-24-2016)

Chapter 17.52 - APPLICATION FOR CONDITIONAL USES

Sections:

17.52.010 - Addition of permitted uses.

A.

Upon application or on its own initiative, the planning commission may add a use to the list of permitted uses prescribed in Chapters 17.06 through 17.48 if the commission makes the following findings:

1.

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

2.

That the use has the same basic characteristics as the uses permitted;

3.

That the use can be expected to conform with the required conditions prescribed for the district;

That the use will not be detrimental to the public health, safety, or welfare;

5.

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

6.

That the use will not adversely affect the character of the district;

7.

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

B.

When a use has been added to a list of permitted uses in accordance with this procedure, the use shall be deemed to be listed as a permitted use in the appropriate chapter and shall be added to the text of that chapter when it is next published.

(Ord. 211 (part), 1980: prior code § 11-1-1901)

In certain districts, conditional uses are permitted subject to the granting of a use permit. Because of their unusual characteristics, conditional uses should be permitted only when their location, design, and use has been considered and deemed proper with respect to the objectives of the zoning ordinance and the effects on surrounding properties. The planning commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to appeal to the city council, in accordance with the procedure prescribed in this title.

(Ord. 211 (part), 1980: prior code § 11-1-1902.1)

Application for a use permit shall be made to the planning commission on a form prescribed by the commission which shall include the following data:

A.

Name and address of applicant;

B.

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

C.

Address or description of the property;

D.

Statement setting forth the precise circumstances applicable to the land, structure or use which makes the granting of a use permit necessary;

E.

A drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the Fresno County assessor's records, of all properties shown on the drawing. (County assessor's maps may be used for this purpose);

F.

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

G.

Three prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:

1.

Lot or site dimensions,

2.

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

3.

Yards and space between buildings,

4.

Walls and fences: location, height, and materials,

5.

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

6.

Access: pedestrian, vehicular, service: points of ingress and egress,

7.

Signs: location, size, height, and type of illumination,

Lighting: location and general nature, including hooding devices, if any,

9.

Street dedications and improvements,

10.

Landscaping: location and type,

11.

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

H.

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

(Ord. 211 (part), 1980: prior code § 11-1-1902.2)

The planning commission shall hold a public hearing on each application for a conditional use permit. Such hearing shall be held within thirty days of the date when the application was filed. Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest adopted tax roll of Fresno County as owning property within three hundred feet of the boundaries of the site to be occupied by the proposed use.

(Ord. 211 (part), 1980: prior code § 11-1-1902.3)

17.52.050 - Conditional use permit—Public hearing—Procedure.

The city administrator shall make an investigation of the application and shall submit a report thereon to the planning commission at the public hearing. The report shall include a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. The planning commission shall review the application and the statement and drawings submitted therewith and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated and maintained.

(Ord. 211 (part), 1980: prior code § 11-1-1902.4)

17.52.060 - Action by planning commission.

A.

The planning commission may grant an application for a conditional use permit as the use permit was applied for or in a modified form if, on the basis of the application and the evidence submitted, the

commission makes all of the following findings:

1.

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

2.

That the proposed location, structures, and uses, and the conditions under which they would be operated and maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements in the vicinity. Such considerations should include, but are not limited to, avoidance of traffic congestion, safety of pedestrian and vehicular circulation, and esthetic values within the district.

3.

That the proposed use will comply with all of the applicable provisions of this title, including but not limited to yards, coverage, height of structures, walls and fences, landscaping, off-street parking and loading facilities, lighting, and signs.

B.

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

(Ord. 211 (part), 1980: prior code § 11-1-1902.5)

The planning commission may make its approval subject to conditions which it may prescribe to protect the public health, safety and general welfare, provide for orderly and efficient development, or assure conformance with the intent and purposes of this title. Such conditions may include:

A.

Special yards, spaces, fences, walls, and landscaping;

B.

Grading, surfacing, and drainage specifications;

C.

Street dedications and improvements;

D.

Regulation of points of vehicular ingress and egress;

E.

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

F.

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

G.

Time period within which the proposed use shall be developed;

H.

A bond or deposit of money for the completion of street improvements and other facilities or removal of such use within a specified period of time, to assure faithful compliance and performance on the part of the applicant.

(Ord. 211 (part), 1980: prior code § 11-1-1902.6)

Unless a written appeal is submitted to the city clerk within ten days of planning commission action, stating the reasons for appeal and requested reconsideration, the decision of the commission shall be final and effective. In the event of appeal by any party, the city council shall decide whether or not to reconsider the decision of the planning commission, and, if it so decides, shall schedule a public hearing for the reconsideration, including notice as provided in Section 17.52.040. The council may affirm, reverse, or modify a decision of the planning commission; provided, however that, a decision denying a use permit is reversed or a decision granting a use permit is modified, the council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit as prescribed in Section 17.25.060(A). A use permit shall become effective ten days following commission action or, if it is appealed, immediately following city council action granting such use permit.

(Ord. 211 (part), 1980: prior code § 11-1-1902.7)

Before a building permit is issued for any building or structure proposed as part of the approved conditional use permit application, the building official shall determine that the proposed building location, facilities, and improvements are in conformity with the site plan and conditions approved by the commission. Before a building may be occupied, the building official shall certify to the planning commission that the site has been developed in conformity with the site plan and conditions approved by the planning commission.

(Ord. 211 (part), 1980: prior code § 11-1-1902.8)

A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, by conditions of the use permit a lesser or greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced

and being diligently pursued in accordance with the use permit. A use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that an application for renewal is filed with the planning commission prior to the expiration of the time period granted. The commission may grant or deny an application for renewal.

(Ord. 211 (part), 1980: prior code § 11-1-1902.9)

Upon violation of any application provisions of this chapter or conditions of the use permit, the use permit shall be suspended automatically. Notice of suspension shall be sent immediately by the planning official to the applicant or person responsible for non-compliance, and all construction or action relating to the violation shall cease. Within thirty days of the notice of suspension, the planning commission shall consider the suspension. If not satisfied that the regulations, provisions, or conditions are being fully complied with, the commission shall revoke the use permit or take such action as may be necessary to ensure compliance.

(Ord. 211 (part), 1980: prior code § 11-1-1902.10)

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

(Ord. 211 (part), 1980: prior code § 11-1-1902.11)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Ord. 211 (part), 1980: prior code § 11-1-1902.12)

Chapter 17.54 - VARIANCES

Sections:

The planning commission has authority to grant variances, and to specify terms and conditions thereof, pursuant to the provisions of this title. The granting of any variance, and the conditions attached to such a grant, shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. Variances shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses, where the conditional use permit or zoning amendment is a more appropriate procedure.

(Ord. 211 (part), 1980: prior code § 11-1-1903.1)

Application for a variance shall be made to the planning commission on a form prescribed by the commission and shall be accompanied by a fee set by resolution of the city council sufficient to cover cost of handling the application. In addition to the information required on the form, the application shall provide any plans, drawings, or other information required by the planning commission to make the necessary findings.

(Ord. 211 (part), 1980: prior code § 11-1-1903.2)

The planning commission shall hold a public hearing on each variance application. Notice and procedures shall be in accordance with the provisions of Sections 17.52.040 and 17.52.050.

(Ord. 211 (part), 1980: prior code § 11-1-1903.3)

17.54.040 - Grounds for variances.

A.

The applicant for a variance shall show, and before a variance may be granted the commission shall find all of the following:

1.

That, because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title deprives the subject property of privileges in the vicinity and under identical zone classification.

2.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located.

3.

That the granting of such variance will not adversely affect the general plan or the purposes of this title.

B.

The commission may deny an application for a variance, may grant the variance as requested, or may grant a variance subject to such conditions and limitations as the commission may prescribe.

(Ord. 211 (part), 1980: prior code § 11-1-1903.4)

The effect of the commission's action, appeal to the city council, granting of building permits, lapse of variance, revocation, applicability and new applications shall be governed by the same procedures as conditional use permits, Chapter 17.52.

(Ord. 211 (part), 1980: prior code § 11-1-1903.5)

A.

Purpose and Procedure. A minor variance may be granted by the city administrator upon written request, subject to such conditions as he may impose without any notice or appeal if he finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located.

B.

A minor deviation is:

1.

Reduction in lot area, lot dimensions, space between buildings, yard space, or population density requirements by not more than ten percent;

2.

Increase of lot coverage or height limitations by not more than ten percent;

3.

Permission to repair or remodel a nonconforming structure if the work will bring the structure and the subsequent use into greater conformity with the property development standards of the zoning district in which the structure is located.

C.

Application and Fee. The provisions of Section 17.54.020 shall apply.

(Ord. 211 (part), 1980: prior code § 11-1-1904)

Chapter 17.56 - SITE PLAN REVIEW[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 359, § 2(Exh. A), adopted February 22, 2012, amended Chapter 17.56 in its entirety to read as herein set out. Formerly, Chapter 17.56 pertained to similar subject matter, and derived from Ord. No. 316, § 1(part), adopted in 2006.

A.

The purpose of site plan review is to enable the city to make a finding that the proposed development is in conformance with the intent and purpose of this title and to guide issuance of permits. More specifically, site plan review is necessary to ensure that all improvements, including without limitation, structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to the site and surrounding sites and structures; to avoid unsightly or monotonous site development; and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A.

The applicant shall file with the city a completed application in a form provided by the city. The owners of record of the lot or parcel of property which is the subject of the application shall file an affidavit authorizing the application on a form provided by the city.

B.

In addition to the application and fee, the application shall be accompanied by fifteen copies of each of the following: a site plan, the floor plan, elevations and grading plan of the project drawn to scale and dimensioned, each of which shall be on paper which is at least eighteen inches by twenty-four inches. The following information shall also be submitted:

1.

Lot or site dimensions;

2.

Information on all buildings and structures, including floor plans and proposed uses within each room of each structure;

3.

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornament or other architectural features;

4.

Setbacks and spaces between buildings;

5.

Walls and fences and their location, height and materials;

Off-street parking and off-street loading areas, including the stall striping, aisles and driveways, and internal circulation pattern;

7.

Pedestrians, vehicular and service points of ingress and egress and internal circulation pattern;

8.

The location, dimensions and designs of all signs, including the types of illumination, if any, including hooding devices, if any;

9.

Location and general nature of exterior lighting, including hooding devices, if any;

10.

Any existing or proposed easements across the site;

11.

The name of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all improvements in the public right-of-way, including locations of sidewalks, parkways, curbs, gutters, street widths to centerline and dedications existing and proposed;

12.

Landscape and irrigation plans;

13.

Refuse enclosures; including trash and recycling facilities, location, type and material;

14.

Existing utilities to the site;

15.

Composition of material comprising exterior surfaces;

16.

Adjacent public rights-of-way, including median island detail where applicable;

17.

Proposed surfacing of all paved areas;

Existing topography and proposed grading and drainage of the site;

19.

Phasing of the project, if any, must be shown on the site plan itself;

20.

Adjacent land uses;

21.

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

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A.

An application for site plan review shall be submitted to the city on a form prescribed by the city in accordance with Section 17.56.020 of this chapter.

B.

Within thirty days after submission, the building inspector, on behalf of the city, shall review the site plan to determine compliance with this title. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this title, the applicant shall be notified in writing and no action on the site plan shall take place until proper application for a variance, use permit or amendment has been filed and acted upon as prescribed by this title.

C.

The building inspector may require the submittal of additional information or revised plans. Within thirty days from the receipt of an application, the applicant shall be notified in writing of any revisions or additional information required and shall submit such information. Failure to submit required information may be cause of site plan disapproval. All recommendations of the building inspector shall be forwarded to the City Manager, or his designee for review.

D.

Within thirty days after the receipt of the site plan, the City Manager, or his designee shall approve, approve with conditions, disapprove the site plan or refer the application to the planning commission.

E.

In reaching a determination with regard to a site plan review, the City Manager, or his designee shall state those conditions which they have determined are necessary to protect the public health, safety and general welfare of the community and those conditions as may be required by the city municipal code or any

federal, state or other local law, rule, regulation or court decision in accordance with this section. In making his/her determination, the city manager, or his designee shall consider and, when appropriate, make findings concerning each of the following:

1.

That the site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls, and fences, parking, loading, landscaping, and other features required by this section to adjust such use with the land and uses in the neighborhood;

2.

That the site for the proposed use relates to streets and highways adequate in width and pavement to carry the quantity and kind of traffic generated by the proposed use;

3.

That the proposed use will not be detrimental to the character of the development in the immediate neighborhood;

4.

That noise, vibration, odors and other similar characteristics are regulated;

5.

That measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts;

6.

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

7.

Special yards, spaces and buffers;

8.

Fences and walls;

9.

Requiring street dedications and improvements, including service roads to alleys when practical, and the requiring of drainage, sewer and water connection fees when applicable;

10.

Regulation of points of vehicular ingress and egress;

Requiring the undergrounding of utilities;

12.

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

13.

A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time, to assure conformance with the intent and purpose set forth in this chapter;

14.

Such other requirements which reasonably may be required by the City Manager, or his designee. In making the above findings, the City Manager, or his designee shall determine that approvals will be consistent with the established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes. All conditions of site plan approval shall be fully complied with prior to the issuance of any certificate of occupancy. It is unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this chapter.

F.

The City Manager, or his designee, in his sole discretion may refer any application for a site plan review to the planning commission for public hearing and the site plan shall be subject to the procedures of Section 17.56.040.

G.

Within ten days following the date of a decision of the City Manager, or his designee on a site plan application, the decision may be appealed to the commission by the applicant or any other interested party. An appeal and required fee shall be filed, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the City Manager, or his designee or wherein its decision is not supported by the evidence in the record.

H.

The commission shall hear the appeal at a public hearing in accordance with Section 17.56.040. The commission may affirm, reverse or modify a decision of the City Manager, or his designee, provided that if a decision is modified or reversed, the commission shall make the applicable findings prerequisite to the approval of a site plan as prescribed in Section 17.56.030. A site plan that has been the subject of an appeal to the commission shall become effective within fifteen days following the date on which the site plan is affirmed or modified by the commission.

I.

The commission's actions may also be appealed to the council in the same manner prescribed for the appeal to the commission.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The planning commission shall hold a public hearing on a site plan review as referred by the City Manager, or his designee or upon appeal. Such hearing shall be held within thirty days of the decision of the City Manager, or his designee or the appeal. Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest adopted tax roll of Fresno County as owning property within three hundred feet of the boundaries of the site to be occupied by the proposed use.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The city is concerned with the appearance of the built environment. It is important that new development present an appearance of quality and architectural variation. The design standards set forth in this section reflect community value, ensure that high standards of design are evident in all development and that the development is consistent with the intended use and provides quality-of-life amenities where applicable.

A.

The site should be designed so as to create a development which is pleasant in character, human in scale and facilitates on-site circulation.

1.

The location and design of the project should not unnecessarily adversely impact surrounding properties or harm the public health, safety or general welfare.

2.

Existing natural features such as trees, other native vegetation, natural ground forms, water and view shall be retained to the maximum extent feasible.

3.

The visual impact and presence of vehicles shall be minimized by generally siting parking areas to the rear of side of the property rather than along street frontages, and screening parking areas from view, both interior and exterior to the site.

4.

All exterior lighting is to be directed onto the site and away from adjacent residential properties.

5.

Where appropriate due to the nature of the project, bicycle parking with access from adjacent streets, driveways or paths shall be provided.

6.

Traffic congestion or impairment of traffic visibility shall be avoided.

7.

Pedestrian safety and welfare shall be protected.

8.

Parking areas shall be provided.

B.

There is no single architectural style and design theme for Orange Cove. Good architectural style and design should reflect compatibility with the character of the area. Compatibility includes building style, size, setback, form, color and material considerations.

1.

The architectural style and design shall enhance the neighborhood and contribute beneficially to the overall design quality and visual character of the community, and maintain a stable, desirable character.

2.

A consistent color scheme should be used throughout a project and the scheme(s) should not contrast negatively with the character of the area.

3.

The design of projects containing many buildings should provide variety in building size and massing. A mixture of single-and multi-story buildings should be used.

4.

The architectural scheme (form, materials, color and detailing) of a building should be carried throughout all exterior elevations to achieve design, harmony and continuity.

5.

Coordinate roof shape, color and texture with the overall building design.

6.

Continue on all elevations the architectural character established for the street facing elevations to the extent possible.

7.

Mechanical equipment and utilities, with the exception of solar heating panels, shall be architecturally screened from view. Rooftop mechanical and electrical equipment and appurtenances to be used in the

operation and maintenance of a building shall be installed so as not to be visible from any point or at below the roof level of the subject building. This requirement shall apply in construction of new buildings, and in any alteration of mechanical systems of existing building that results in significant changes in such rooftop equipment and appurtenances. The features so regulated shall, in all cases, be either enclosed by out building walls or parapets, or grouped and screened in a manner architecturally compatible with the building. Minor features not exceeding one foot in height shall be exempted from this requirement, except that such minor features shall be of a color that minimizes glare and blends with the building. Ground-or interior-mounted mechanical equipment is strongly recommended.

8.

Ensure that the physical proportions of the project and the manner in which the project is designed is appropriate in relation to the size, shape and topography of the site and adjacent developments.

9.

Buildings with box-like appearances, lacking architectural variation on all elevations, are discouraged. Architectural variation can be achieved through a variety of design techniques, including but not limited to:

a.

Off-setting or varying building setbacks;

b.

Providing covered porches, balconies and entries;

c.

Combining single-story and two-story construction in a single building, with single-story nearest property lines;

d.

Varying roof lines, height and type and building elevations.

10.

Each project shall contain a sufficient number of trash enclosures to adequately serve the use. Such enclosures shall be constructed to city standard specifications.

11.

Screen exterior trash and storage areas, service yards, loading docks and utility services from view of all nearby streets and adjacent structures in a manner that is compatible with building and site design.

12.

All sides of commercial buildings shall be architecturally treated to produce an aesthetically pleasing facade which is of a design compatible with surrounding commercial buildings and the character of the

community.

13.

Signage should be compatible with the architecturally style and design of the building and should contribute beneficially to the overall design quality and visual character of the community.

C.

Landscaping should be included in any project design to create a pleasing appearance from both within and off the site. Site landscaping should be utilized to promote the character of the city, particularly as demonstrated by large shade trees.

1.

Landscape and Irrigation Plans Required. A landscape and irrigation plan drawn to scale and dimensioned shall be submitted to the development services division for all new projects in all nonresidential zones, and for all new residential projects of two or more units.

a.

Landscape Plan Contents. A landscape plan shall contain at a minimum the following information:

i.

List of plants (common and botanical names);

ii.

Plant size, trees shall be a minimum of fifteen gallon and shrubs a minimum of five gallon;

iii.

Plant location, with size and type identification;

iv.

Location of existing trees with a trunk diameter of six inches or greater.

b.

Irrigation Plan Contents. An irrigation plan shall contain at a minimum the following information:

i.

Location, type and size of lines;

ii.

Location, type, gallonage output, and coverage of heads;

iii.

Location and size of valves;

iv.

Location and type of controller;

v.

Location and type of backflow prevention devise;

vi.

Available water pressure, water meter outlet size, and flow rates at meter.

2.

Maintenance of Landscape. Planting areas shall be permanently maintained, including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth, shall be replaced. Replacement plants shall conform to all the standard which oven the original planting installation.

3.

Landscaping for commercial, industrial and multi-family uses shall be irrigated with an automatic, times sprinkler system.

4.

Native and mature trees and vegetation shall be retained and integrated.

5.

Landscaping should be planned as an integral part of the project and not simply located in leftover space after parking and building siting.

6.

Street trees shall be installed in accordance with the city street tree master plan.

7.

Dense landscaping shall be installed to screen unattractive views and features such as storage areas, trash enclosures and transformers.

8.

Landscaping within and adjacent to parking areas shall be provided to screen vehicles from view and minimize the expansive appearance of parking areas.

Deciduous trees along the south and west building exposures shall be encouraged.

10.

Ground cover shall be a live plant material. Gravel, colored rock, bark, and similar materials are generally not acceptable.

11.

Landscaping shall permit adequate sight distance for motorist and pedestrians entering and exiting the site.

12.

Landscaping shall be designed and maintained so as to prevent illegal or inappropriate access onto or into any structure by climbing trees and bushes.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

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

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

B.

All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the city that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the city to guarantee the making of such improvements.

C.

Street dedications and improvements which may be required by this section shall be considered only on the principle that they are required as near as practical in proposition to the traffic, utility and other demands generated by the proposed development.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

Before a building permit shall be issued for any structure or sign proposed as part of an approved site plan, the building inspector shall determine that the proposed building location, facilities and improvements are in conformity with the approved site plan. Before a building may be occupied or a sign erected, the building inspector shall certify that such improvements have been made in conformity with the plans and conditions approved by the city.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

A site plan approval shall lapse and become void one year following the date final approval has been given unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued. Approval may be extended for an additional period or periods of one year upon written application to the city before expiration of the first approval.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

The revocation of a site plan shall be governed by the provisions of Section 17.56.030 of this chapter.

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

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

(Ord. No. 359, § 2(Exh. A), 2-22-2012)

Chapter 17.58 - AMENDMENTS

Sections:

As the general plan and regulations are effectuated over the years and as the city develops, there may be a need for changes in district boundaries and the regulations of the ordinances governing them. Such amendments, either of districts or of regulations, shall be made in accordance with the procedures prescribed in this title.

(Ord. 211 (part), 1980: prior code § 11-1-1906.1)

An amendment may be initiated in any one of the following manners:

A.

By verified application of any interested person owning property or residing in the city;

B.

By resolution of intention by the planning commission;

C.

By resolution of intention by the city council.

(Ord. 211 (part), 1980: prior code § 11-1-1906.2)

Application for an amendment by any person shall be made to the planning commission on a form prescribed by the commission and shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application. In the case of a district boundary amendment, the

application shall include a drawing of the site and the surrounding area for a distance of at least three hundred feet from each boundary of the site, showing the location of streets, property lines, and the names and addresses of the recorded legal owners of all properties shown on the drawing as shown on the latest adopted tax rolls of the county.

(Ord. 211 (part), 1980: prior code § 11-1-1906.3)

• 17.58.040 - Public hearing—Notice.

A.

The planning commission shall hold a public hearing on each application for an amendment. Such hearing shall be held within forty-five days of the date when the application was filed or the resolution of intention was adopted by either the commission or council.

B.

Notice of the public hearing shall be given not less than ten days nor more than twenty days prior to the date of the hearing, by publication of a notice of the time and place of the hearing in a newspaper of general circulation within the city. In the case of district boundaries amendments only, notice shall also be provided by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the latest adopted tax roll of the county as owning property within the area affected or within three hundred feet of the boundaries of the site affected by the change.

(Ord. 211 (part), 1980: prior code § 11-1-1906.4)

The procedure shall be generally in accordance with the provisions of Sections 17.52.040 and 17.52.050 except that testimony and evidence shall relate to the appropriateness of the proposed change to achieve the objectives of the zoning title and/or the purposes and application of the district classification.

(Ord. 211 (part), 1980: prior code § 11-1-1906.5)

The planning commission shall make a specific recommendation with respect to the granting, denying, or modifying of an amendment within forty-five days after the public hearing or hearings. It should be noted, however, that no amendment is subject to any special conditions of approval. A property owner is bound only to comply with the regulations prescribed in this title for the district in which the property is situated. The planning commission shall recommend granting an amendment only where it finds:

A.

That the proposed amendment will accomplish the objectives and purposes of the zoning title and general plan;

B.

That the proposed amendment will not be detrimental to the public health, safety or welfare, or materially injurious to or inharmonious with properties or improvements affected by the amendment.

(Ord. 211 (part), 1980: prior code § 11-1-1906.6)

A.

Within forty-five days after the action by the planning commission, the city council shall consider the amendment at a public hearing, with notice having been given in a newspaper of general circulation not less than ten days prior to the date of the hearing, except that, in the case of an amendment initiated by application and for which the commission recommended denial, the council need not hear or consider the matter unless an appeal is filed within ten days of the commission's action.

B.

The city council may, within forty-five days of its hearing of the amendment, affirm, reverse, or modify the recommendation of the commission; provided, however, that in granting or modifying an amendment it shall make the findings required in Section 17.58.060, and provided that it shall refer reversals or modifications of planning commission actions to the commission for report and recommendation pursuant to state law. If the city council takes no action, or in the case of an application which has been recommended for denial and on which no appeal is filed, within the time limits prescribed, the recommendation of the commission shall become final.

(Ord. 211 (part), 1980: prior code § 11-1-1906.7)

Permits and licenses issued prior to the adoption of an amendment to this title shall remain in full force and effect, except for special conditions identified in Section 17.64.030.

(Ord. 211 (part), 1980: prior code § 11-1-1906.8)

17.58.090 - New applications.

Following the denial of an amendment, no application for an amendment for the same or substantially the same change shall be filed within one year from the date of denial.

(Ord. 211 (part), 1980: prior code § 11-1-1906.9)

Chapter 17.60 - PROPERTY DEVELOPMENT STANDARDS

Sections:

The following property development standards in this chapter shall apply to all land, buildings and structures in all districts.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1(part))

Except as hereinafter provided, no building or structures shall be hereafter erected or located on a lot unless such building, structure or enlargement conforms with the area regulations of the district in which it

is located.

A.

Every parcel of land containing five acres or less held in separate ownership on January 1, 1961, shall be deemed to be one lot; provided, however, that if such parcel of land consists of two or more lots, each with a separate and distinct number or other designation on an official map or approved record of survey recorded in the office of the county recorder, or delineated on an approved map of survey filed in the office of the department, and such parcels each comply with the regulations for the zoning district in which they are located, each such lot shall constitute a separate lot for the purposes of this zoning ordinance. Not more than one main building or permitted group of buildings shall be constructed or moved on to any lot unless all regulations herein established are complied with and a subdivision tract map or approved record of survey is recorded with the county recorder, or a map of survey is approved by the city administrator in accordance with the requirements of Title 16.

B.

No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this zoning title may be considered as

providing a yard or open space for any other building; nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

C.

No parking area, parking space, or loading space which is provided for the purpose of complying with the provisions of this zoning title shall hereafter be relinquished or reduced in any manner below the requirements of this zoning title unless equivalent facilities are provided elsewhere, the location of which is approved by the city administrator. If such parking area is established by a conditional use permit, equivalent facilities shall be subject to approval by the commission. Property located in a vehicle parking district provided in accordance with state law, and where the off-street parking lots are completed and in operation, shall be deemed in compliance with the parking provisions of this zoning title.

D.

After the effective date of any title by which any area is first zoned for any district, no land in such district may be divided by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership which consists of less than the minimum lot area required for the district of which such lot is a part. Provided, however, that a tolerance of ten percent shall be allowed as to this requirement when the parcel so created is irregular in shape.

E.

Any person participating in such division in violation of this section, whether as seller, grantor, purchaser, or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provisions of this section is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the

grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, or divisee.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.A)

A.

Every lot shall have a minimum width and depth not less than that prescribed in the district under consideration. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

B.

Where a lot has a minimum width or depth less than that prescribed by this zoning title, and the lot was of record under one ownership at the time that the area was first zoned whereby the lot became nonconforming, the lot may be used subject to all other property development standards of the district in which such lot is located.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.B)

The population density regulations as set forth in the districts shall apply. Occupancy shall not be increased in any manner except in conformity with these regulations.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.C)

All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved, or enlarged, shall comply with the height regulations and exceptions of the district in which they may be located.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.D)

A.

In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the corner or face of said building closest to and drawn parallel with the street, excluding any architectural features.

B.

The yard requirements as set forth in the district shall apply, with the addition of the following: schools, churches and institutions at property boundaries. No building shall be hereafter erected, structurally altered, or used for a school, church, hospital, public building, or other similar use permitted either as a matter of

right, or under the conditional use permit regulations of Chapter 17.52, unless such buildings, when fronting on a street, have a front yard not less than that prescribed by the district in which said building is located.

C.

Side and rear yards may be used for required off-street parking, provided, that there is a solid masonry wall not less than five nor more than six feet in height erected on the property line abutting the area used for offstreet parking. For regulations see Section 17.60.090. The required front yard shall be landscaped with appropriate materials and shall be maintained.

D.

Official plan lines shall be established by the circulation element of the Orange Cove general plan.

E.

Rear Yards. Rear yards on single lots and in planned unit developments may be less than the required setback, provided that a site plan is submitted in accordance with the provisions of Chapter 17.56, that in no case shall the rear yard be less than the required side yard for the district, and the director shall first find that the granting of the reduction will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located and will not be contrary to the objectives of this zoning title. Space equal to the reduction shall be provided elsewhere on the lot, exclusive of required yard area. The replacement space shall have minimum dimensions of eight feet by eight feet, and shall be so located that it is suitable for general use by the occupant of the premises.

F.

Yard Requirements—Exceptions.

1.

Architectural features including sills, chimneys, cornices, and eaves may be extended into a required yard or a space between structures not more than two feet or twenty-five percent of the required yard or space, whichever is greater.

2.

Fences, walls, hedges, walks, driveways, and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district.

3.

Accessory structures, including swimming pools, shall observe required yards except rear yards abutting a public alley or where a written agreement between owners of adjoining properties allows encroachment of adjoining yards.

4.

No building or projection thereof may extend into a public easement.

G.

Maintenance of Landscaped Areas. A landscaped area provided in compliance with the regulations of this title or as a variance shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate. Landscaped areas shall be watered, weeded, pruned, fertilized, and otherwise maintained, and plant materials shall be replaced as needed, to assure compliance with the requirement for a landscaped area.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.E)

All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the space between building requirements of the district in which they may be located.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.F)

17.60.080 - Lot coverage.

All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved or maintained, or enlarged, shall not exceed the maximum building coverage regulations of the district in which they may be located.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.G)

17.60.090 - Fences, hedges and walls.

A.

This section is intended to provide for the regulations of the height and location of fences, hedges and walls for the purpose of providing for light, air, and privacy, and safeguarding the public welfare by preventing visual obstructions at street and highway intersections. Nothing in this section shall be deemed to set aside or reduce the requirements established for security fencing by either local, state or federal law, or by safety requirements of the board of education. The regulations of the districts shall apply and the following shall be in addition to those regulations.

B.

A fence or wall shall be constructed along the perimeter of all areas considered by the council to be dangerous to the public health and safety. The height of such wall shall be determined by the council in relation to the danger or hazard involved. The fence or wall may be required when a use requires a permit or at the discretion of the council according to the danger or hazard involved.

C.

All present and future fences, hedges, and walls shall conform to the corner cut-off provisions of Section 17.08.150.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.H)

The following standards for providing off-street parking shall apply at the time of the erection of any main building or when off-street parking is established. These standards shall also be complied with when an existing building is altered or enlarged by the addition of dwelling units or guest rooms or where the use is intensified by the addition of floor space, seating capacity, seats or change to a use requiring greater parking.

A.

Off-street automobile parking space being maintained in connection with any existing main building or structures shall be maintained so long as the main building or structure remains, unless an equivalent substitute number of such spaces are provided and thereafter maintained conforming to the requirements of this section; provided, however, that this regulation shall not require the maintenance of more automobile parking space than is required herein for a new building or structure identical to the existing building or structure, nor the maintenance of such space for any type of main building or structure other than those specified herein.

B.

No parking area or parking space which is provided for the purpose of complying with the provisions of this zoning title shall hereafter be relinquished, reduced or altered in any manner below the requirement established herein, unless equivalent facilities are provided elsewhere, the location of which is approved by the commission.

C.

Where an automobile parking space is provided and maintained on a lot in connection with a main building or structure on an adjacent lot, and is insufficient to meet the requirements for the use with which it is associated, or where no such parking has been provided, then the building or structure may be altered or enlarged, or such use may be extended, only if additional automobile parking spaces are provided for the enlargement, extension or addition proposed to the standards for such use as set forth in the requirements of this zoning title. No existing parking may be counted as meeting this requirement unless it exceeds the requirement for the original structure, and then only that excess portion may be counted.

D.

A parking space shall be an area for the parking of a motor vehicle plus those additional areas required to provide for safe ingress and egress from the space. The area set aside to meet these provisions must be usable and accessible for off-street parking.

E.

All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space or carport, in any residential district with the exception of the R-A district.

F.

No house trailers shall be stored or parked in any residential district, with the exception of the R-A district, except in a rear yard enclosed by a solid wall or fence not less than five nor more than six feet in height or in an entirely enclosed area.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(1))

A.

General. The parking spaces required for residential uses shall be located on the same lot with the main building which they are intended to serve and shall be located to the rear of the required front yard. They shall be maintained in a usable condition and without impediment to access by nonvehicular property.

B.

Single-family Dwellings. There shall be one parking space in a garage or carport for each single-family dwelling.

C.

Duplexes. There shall be one parking space in a garage or carport for each dwelling unit when there are two dwelling units on a single lot.

D.

Multiple Dwellings. When there are more than two dwelling units on a single lot there shall be one and onehalf parking spaces for each dwelling unit, one of which shall be in a carport or garage. In the event that a requirement for one-half parking space results under this ratio, the parking space requirement shall be increased to the next highest whole number.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(2))

For buildings or structures other than dwellings and for uses involving large concentrations of people, parking areas or spaces shall, unless otherwise provided by this code, be on the same lot with the main building, or on lots immediately contiguous thereto in the same district therewith and available for use by the occupants in the following ratios for specific types of use. Combinations of facilities shall provide the area or number of spaces required for each facility, and the area or spaces provided for one facility shall not be construed as satisfying the requirements for another facility, provided that, in the event that there is a general parking area or parking space requirement in the particular zoning district relating to the floor area of buildings therein, and the city administrator determines that all of the spaces, areas, and buildings are constructed or to be constructed pursuant to an integrated site plan, the city administrator may, consistent with the purposes and intent of this zoning title, determine whether or not the general requirement of the zone, or the specific requirements hereinafter enumerated shall apply.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(3))

The parking area or space requirements imposed by the provisions of this section shall not apply upon a change of occupancy for any building or structure which was constructed before January 1, 1961, provided that the parking area or space existing immediately before a change of occupancy is not reduced.

A.

For bowling alleys and similar establishments, there shall be at least five parking spaces for each alley and two spaces for each billiard table contained therein.

B.

For churches, stadia, theaters, libraries, auditoriums, museums, meeting halls, gymnasiums, and similar places of assembly, there shall be at least one parking space for every forty square feet of area within the main auditorium or meeting hall, whichever provides the greater number of spaces. In cases of a use without a building, there shall be one parking space for each five persons normally attending or using the facilities, plus one parking space for every permanent employees.

C.

For coin-operated vending machines, having more than one hundred cubic feet located outdoors, there shall be at least two parking spaces provided for each such machine.

D.

For convalescent homes, homes for the aged, nursing homes, and children's homes, there shall be one parking space for each and one-half beds or fraction thereof.

E.

For dance halls, skating rinks, natatoriums, and similar establishments, there shall be one parking space provided for each one hundred square feet of gross floor area.

F.

For establishments for the sale and consumption on the premises of food and beverages:

1.

Having less than one thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet;

2.

Having less than four thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet;

Having more than four thousand square feet of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet.

G.

For furniture stores, in C-2 and C-3 districts, there shall be two square feet of off-street parking area for each square foot of floor area. If at any time the premises are used for other than a furniture store, the parking requirements for such other shall be met before such use is commenced. In all other districts in which furniture stores are permitted, the parking requirements specified therein shall apply.

H.

For hospitals, sanitariums, and asylums, there shall be at least one parking space for every two beds or one space for every one thousand square feet of gross floor area, whichever provides the greater number, plus one space for every three employees.

I.

For hotels, tourist courts, motels, and apartment hotels, there shall be one parking space for each individual sleeping room or unit. In cases where large units may be subdivided into smaller units for individual use, there shall be one space for each of the smaller units.

J.

For housing for the elderly, there shall be one parking space for every three dwelling units, or portions thereof, when use is authorized by conditional use permit. If at any time the premises are used for other than housing for the elderly, the parking requirements for such other use shall be met before such use is commenced.

K.

For machinery sales and wholesale stores, there shall be one parking space for each eight hundred square feet of gross floor area.

L.

For medical offices, there shall be provided four parking space for each doctor in any building or structure.

M.

For motor vehicle sales and automotive repair shops, there shall be one parking space for each four hundred square feet of gross floor area.

N.

For mortuaries, funeral homes, and similar establishments, there shall be one parking space for each twenty square feet of floor area of assembly rooms, plus one space for each employee, plus one space for each car owned by such establishment.

O.

For park and recreational uses, there shall be one parking space for each five thousand square feet of active recreational area within a park or playground.

P.

For public utility facilities such as communications equipment building, electrical substations, and the like, the following standards shall apply:

1.

For facilities open to the public, there shall be three square feet of parking area for every one square foot of gross floor area or fraction thereof, the parking area to be within three hundred feet of the property served.

2.

For facilities not open to the public, there shall be one parking space for each two employees. This shall apply to the maximum number of employees on duty at any one time.

3.

For facilities wherein there are areas open and not open to the public, the parking ratios in subdivisions 1 and 2 of this subsection shall be used as a basis for determining the respective amount of parking areas to be provided.

Q.

For a recreational slide, there shall be four parking spaces for each slide lane of the slide.

R.

For rooming houses, lodging houses, clubs, and fraternity and sorority houses, there shall be one parking space for each person which the building was or is designed or intended to house as a sleeping guest or member or employee.

S.

For schools, both public and private, the following standards when relative to public schools shall be advisory only:

1.

Elementary and junior high, there shall be one parking space for each member of the faculty and each employee;

2.

High schools, there shall be one parking space for each member of the faculty and each employee, plus one space for each eight students regularly enrolled;

Junior colleges, colleges, and universities, there shall be one parking space for each two members of the faculty and employees, plus one space for each two full-time or equivalent regularly enrolled students.

4.

Schools having auditoriums or places of assembly, the provisions of subsection B shall apply, if such application will provide a greater number of spaces than subdivisions 1, 2, or 3 of this subsection. The required parking spaces shall be within the school property or on a parking lot contiguous thereto.

5.

Day nurseries, nursery schools, and child care nurseries, there shall be one parking space for each member of the faculty, each employee, and the owner.

T.

For small animal veterinary hospitals and clinics, there shall be provided four parking spaces for each doctor in any building or structures, plus one space per each employee.

U.

For transportation facilities, requirements shall be as follows: for airports, railroad passenger stations, bus depots, or other passenger terminal facilities, such parking spaces and location of such spaces as the planning commission shall deem to be adequate for employees, for the loading and unloading of passengers, and for spectators, visitors, and others.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(4))

Every parcel of land used for the parking or loading of motor vehicles, or motor vehicle sales, shall be improved and maintained as required in the following paragraphs:

A.

All areas shall be graded, surfaced, and drained; and parking stalls, lanes and directional guides shall be marked in accordance with the standards adopted by the commission.

B.

Where such area adjoins a residential or agricultural district it shall be separated therefrom by a solid masonry wall not less than five feet nor more than six feet in height, provided the wall shall not exceed three feet in height where it is in the front yard area of an abutting residential district. Where no wall is required along a boundary of an area covered by this section, there shall be a concrete curb or timber barrier not less than six inches in height securely installed and maintained as a safeguard to abutting property or public right-of-way. The barrier shall be not less than three feet from any property line on the subject property.

C.

Where such areas adjoin a residential district, there shall be a border of appropriate landscaping not less than ten feet in depth, along the residential street frontage, to protect the character of the adjoining residential property. Such landscaping shall be maintained. No building shall be erected nor shall any property be used unless a site or plot plan or the development has been submitted to the city administrator and approved. The provisions of Chapter 17.56 shall apply.

D.

Lighting where provided to illuminate such parking, sales or display areas shall be hooded and so arranged and controlled so as not to cause a nuisance either to highway traffic or to the living environment. The amount of light shall be provided according to the standards of the department of public works.

E.

No required parking space shall be so located as to require the moving of any vehicle on the premises in order to enter or leave any other stall. The preceding sentence need not apply in the event that a parking facility has an attendant present at all times during the use of the facility.

F.

Automobile parking so arranged as to require the backing out of motor vehicles from a parking space, garage, or other structure onto a major or secondary street as designated on the circulation element of the city, shall be prohibited when either or both of the following conditions exist:

1.

The property is adjacent and contiguous to a public alley;

2.

The width of the lot, or the nature of the design of the existing or proposed structures is such that vehicles leaving the property may do so by moving in a forward direction with relation to the street.

G.

Parking areas for any use shall be placed in such location with relation to the parking generator as to provide for the efficient use of the parking facility. On-site parking areas shall have ready vehicular access. The location of off-site parking areas shall be noted by an appropriate sign located both at the parking generator and at the parking facility.

H.

All access to individual parking spaces on a lot or portion of a lot designated for parking shall be from the lot or portion of a lot or from a public alley.

I.

In no case shall parking spaces be so arranged that ingress or egress from a parking space requires backing into a public or private pedestrian access way.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(5))

When parking is to be provided off the regularly subdivided lot on which the structure or uses, or some portion thereof, is located, the owner or lessee of record of the development or use site shall furnish satisfactory evidence to the city administrator that he owns or has available sufficient property to provide the minimum off-street parking required by this zoning title. Whether parking is to be provided in property owned by the applicant or is in another ownership, there shall have been recorded in the office of the county recorder, prior to the issuance of any building permit, a covenant executed by the owners of such property for the benefit of the city in a form approved by the city attorney to the effect that the owners will continue to maintain such parking space so long as such structure, improvement, or use exists. Such covenant shall also recite that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected or the use maintained, and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use without the prior written consent of the city. In the event the owners of such structure should thereafter provide parking space equal in area within the distance allowed by this zoning title and under the same conditions as to ownership upon another lot than the premises made subservient in a prior such covenant, the city will, upon written application therefore accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant, and the owners shall furnish at their own expense such title reports or other evidence as the city may require to ensure compliance with the provisions of this section.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(6))

A.

Automobile parking spaces shall have the dimensions established by the commission by standards adopted under subsection C of this section. In the absence of such standards, or whenever such standards are not applicable, the parking space shall have a minimum dimension of nine by twenty feet.

B.

Where automobile parking spaces are to be grouped as a common facility, the individual spaces plus such additional area as is necessary to afford adequate access thereto shall total not less than three hundred and seventy square feet per space. When access to the spaces or a portion thereof is afforded from a public street or alley, only an area necessary to accommodate such spaces need be provided, without additional area for access. This standard may be varied expressly or by the requirement of conflicting or restricting requirements in this code or under standards adopted by the commission under subsection C of this section.

C.

After notice thereof by one publication in a newspaper of general circulation at least ten days before the hearing, and a public hearing thereon, the commission may adopt parking space standards which the commission deems necessary or desirable to provide for the safe and commodious parking of vehicles.

Such standards may include, but are not limited to, the width and length of parking spaces, the location and arrangement of parking, striping and marking, wheel stops, pavement standards, landscaping, ingress and egress, lighting and loading space requirements.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.I(7))

Vehicular and pedestrian access shall be provided according to the regulations pertaining to each district.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.J)

A.

General Provisions. Signs, billboards, and advertising structures may be erected and maintained in any district where such use is permitted, except where restricted by this code, subject to the following conditions:

1.

Signs may be painted upon the surface of a building provided, however, that when such sign is so located as to face a residential district the sign and the method of lighting the sign, if any, shall be approved by the city administrator.

2.

Vertical Signs. Any projecting wall sign with its advertising surface at or approximately at right angles to a wall facing a street shall be deemed to be a vertical sign and shall not exceed twenty-four inches in thickness. Any V-shaped projecting sign shall also be deemed to be a vertical sign, and shall not exceed twenty-four inches in thickness at its farthest projection from the building, nor four feet in thickness at the face of the building. Thickness for purpose of this requirement is the distance between the two faces of the sign.

When the bottom of a sign is eight feet and less than ten feet above the ground, the projection over the property line abutting the street line shall not exceed one foot. When the bottom of the sign is ten feet and less than twelve feet above the ground, the projection shall not exceed two feet six inches. When the bottom of the sign is twelve feet and less than fourteen feet above the ground, the projection shall not exceed three feet. When the bottom of the sign is fourteen feet and less than sixteen feet above the ground, the projection shall not exceed four feet. When the bottom of the sign is sixteen feet or more above the ground, the projection shall not exceed five feet.

3.

Flat Signs. Signs painted or mounted on the face, side or rear of building shall not exceed a total amount of two times the area permitted for vertical signs. Not more than one hundred fifty square feet of total sign area shall be permitted on any one building wall.

4.

Signs may be placed on the outer faces of a marquee if they are made a part thereof and do not exceed the municipal code limitations of marquees. No sign shall be hung from the underside of a marquee unless it meets the minimum height limitations applicable to a marquee. No signs shall be placed on the roof of a marquee. All wall or projecting signs placed above a marquee shall comply with the requirements for such signs as if no marquee existed.

B.

They shall conform with the regulations for signs and advertising structures for the district in which they are located.

C.

All signs in or adjacent to R districts shall be nonflashing and nonanimated.

D.

All signs shall meet the height and setback requirements of the district in which they are located.

E.

The area of a sign shall be calculated by multiplying its maximum vertical dimension by its maximum horizontal dimension.

F.

Whenever the area of any sign is limited by this zoning title a double-faced sign may be erected having the allowed sign area on each side of the sign; provided, the maximum dimension between the two faces of the double-faced sign shall not exceed twenty-four inches or ten percent of the maximum dimension of the face of the sign, whichever is the lesser.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.K)

Every hospital, institution, hotel, commercial building, industrial building, or apartment building hereafter erected or established shall provide and maintain loading spaces as provided in this section:

A.

When the lot upon which the loading spaces are located abuts upon any alley, such loading space shall adjoin or have access from said alley.

B.

A loading space may occupy a rear or side yard, except such portion required to be landscaped.

C.

In no case shall any part of an alley or street be used for providing required loading space.

D.

Where the loading area has access from a street, such access way shall conform to city standard specifications as adopted or amended.

E.

Loading spaces shall be not less than twelve feet in width and fourteen feet in length, and shall have fourteen feet of vertical clearance.

F.

Loading space being maintained in connection with any main building existing on January 1, 1961, shall hereafter be maintained so long as the building remains, unless an equivalent number of such spaces are provided on a contiguous lot or elsewhere on the same lot, in conformity with the requirements of this section; provided, however, that this regulation shall not require the maintenance of more loading space than is hereby required for a new building, nor the maintenance of such space for any type of main building other than those specified.

G.

No loading space which is provided for the purpose of complying with the provisions of this zoning title shall hereafter be relinquished or reduced in any manner below the requirements established in this code, unless equivalent facilities are provided elsewhere, the equivalency of which is determined by the city administrator.

H.

Where a commercial loading area is adjacent to a residential district loading shall be done only between the hours of eight a.m. and six p.m.; unless the loading area is located not less than one hundred feet from such district or is completely enclosed.

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.L(1))

17.60.200 - Nonresidential off-street loading spaces.

Total Square Feet Loading of Building Space Spaces (gross floor area) Required

A.

Sanitariums, hospitals and similar institutions:

0 - 3,000 .....

0

B.

Hotels and offices buildings:

C.

Other commercial buildings or uses:

D.

For industrial buildings or uses first enumerated in industrial (M) districts:

(Ord. 211 (part), 1980: prior code § 11-1-1908.1.L(2))

Chapter 17.62 - NONCONFORMING USES AND STRUCTURES

Sections:

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

(Ord. 211 (part), 1980: prior code § 11-1-1909.1)

17.62.020 - Nonconforming uses and structures.

A.

Purposes. A nonconforming use is one which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter, but which, under this ordinance, does not conform with the use regulations for the district in which it is located. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, reestablishment after abandonment, and restoration and destruction.

B.

A nonconforming structure is one which was lawfully erected prior to the adoption of the ordinance codified in this chapter, but which, under this chapter, does not conform with the conditions of coverage, yard spaces, height of structures, distance between structures, or other standards prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed and by prohibiting their restoration after destruction.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.(A, B))

17.62.030 - Alterations and additions to nonconforming uses and structures.

Except as provided herein or as required by law, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards prescribed for the district in which the structure is located.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.C)

Except as otherwise prescribed in this chapter, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

A.

An application for a change of use shall be made to the planning commission containing the same general information as required for a variance.

B.

The planning commission shall hold a public hearing in the manner prescribed in Section 17.52.040.

C.

The planning commission may grant the change of use only if it finds that the proposed use will not increase the degree of nonconformity with any of the purposes, conditions, or basic characteristics of the district in which it is located and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

D.

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

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.D)

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.E)

Whenever a nonconforming use or structure shall be destroyed or substantially damaged by fire or other calamity, by an act of God, or by the public enemy, the structure may be restored and the nonconforming use may be resumed subject to approval of a conditional use permit in conformance with Chapter 17.52, provided that restoration is started within six months and diligently pursued to completion. Should the conditional use permit be denied, or the building razed either voluntarily or as required by law, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure or use shall be as determined by the building official.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.F; Ord. No. 373, § 9, 10-15-2015)

17.62.070 - Elimination of nonconforming uses and structures.

A.

The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within three years after the effective date of the ordinance codified in this chapter:

1.

A nonconforming use which does not occupy a structure;

2.

A nonconforming use occupying a structure having an assessed valuation of less than two hundred fifty dollars;

3.

A nonconforming sign or outdoor advertising structure;

4.

A nonconforming fence, wall, or hedge.

B.

Other nonconforming uses and structures shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:

1.

Type of construction (Uniform Building Code, 1961 Edition);

2.

Type I and II; time period, forty years, manufacturing;

3.

Type of construction (Uniform Building Code, 1961 Edition);

4.

Type III and IV; time period, thirty years, commercial;

5.

Type of construction (Uniform Building Code, 1961 Edition);

6.

Type V; time period, twenty-five years, residential.

C.

When such nonconforming use is removed, at or before the end of the specified time period, every future use shall be in conformity with the provisions of the ordinance codified in this chapter. Repairs necessary to maintain a nonconforming use, and minor alterations not exceeding an assessed valuation of two hundred fifty dollars shall not be construed as lengthening the allowed time period for compliance.

D.

The time period shall begin on the date the use first became nonconforming on or after the effective date of the ordinance codified in this chapter. Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed shall be computed from the effective date of the change of district or regulations.

E.

Records and notification of nonconforming uses and structures. Within six months after the effective date of the ordinance codified in this chapter and amendments thereto, the planning official shall compile a list and description of all structures or uses which shall have become nonconforming by the adoption of the ordinance codified in this chapter or amendments. This list shall be recorded in the office of the Fresno County recorder.

F.

Within one year after the effective date of the ordinance codified in this chapter or amendments thereto, the planning official shall notify in writing the owners of all nonconforming structures or uses of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by the owners, if such removal or conformance is required by the provisions of the ordinance codified in this chapter.

G.

Continuing Nonconforming Uses or Structures. Nothing in this title shall be construed to exempt a use or structure which became nonconforming under the provisions of a previous ordinance and which continues to be nonconforming under the provisions of this title. Such continuing nonconforming uses or structures

shall be discontinued or eliminated within the schedule and under the provisions of the ordinance in force when they first became nonconforming or within the schedule and under the provisions of this title from the date of its enactment, whichever is more restrictive.

H.

Nonconforming Yards. Existing structures which are nonconforming solely because of the lack of required yards but which are within sixty percent of conformance shall be exempted from Section 17.52.030 of this title and shall be exempted from making alterations to improve the existing structure, but shall otherwise be subject to the provisions governing nonconforming structures.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.G)

Any existing structure or use which is a conditional use in the district in which it is located shall be considered as a permitted use for the purposes of this chapter, provided, however, that any expansion, alteration, or change of such use or structure shall be subject to approval of the planning commission in accordance with the provisions described in Chapters 17.52 through 17.64.

(Ord. 211 (part), 1980; prior code § 11-1-1909.3)

Chapter 17.64 - ADMINISTRATION—ENFORCEMENT—PENALTIES

Sections:

Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising or other costs incidental to the several procedures in this title. The filing fees shall be set by a resolution of the city council. The fees shall be reviewed on an annual basis to ensure their currency.

(Ord. 211 (part), 1980: prior code § 11-1-1910.1)

This chapter is in addition to other provisions of this title and other city ordinances relating to the legal status of conditions and activities in the city.

A.

If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be complied with. Violation of any such term or condition shall constitute a nuisance and violation of this title and shall be subject to the same penalties as any other violation of the city code.

B.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any use of land, building or premises established, conducted or operated, or maintained contrary to the provision of this title shall be and the same is declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces, or by the filing of a criminal action for violation of this title, the remedies to be cumulative.

C.

Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this title.

(Ord. 211 (part), 1980: prior code § 11-1-1910.2)

All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses, shall comply with the provisions of this title and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.

(Ord. 211 (part), 1980: prior code § 11-1-1907.1)

The city administrator shall be the official responsible for the enforcement of this title. In the discharge of this duty, the city administrator shall have the right to enter on any site or to enter 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 city administrator may serve notice requiring the removal of any structure or use in violation of this title on the owner or his authorized agent, on a tenant, or an architect, builder, contractor or other person who commits or participates in any violation. The city administrator 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 city administrator may call upon the chief of police, building official, or health officer to assist in the enforcement of this title.

(Ord. 211 (part), 1980: prior code § 11-1-1907.2)

A.

Any person, firm, corporation, or organization violating any provision of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as herein provided.

B.

Any structure erected, moved, altered, enlarged or maintained, and any use of a site contrary to the provisions of this title, with the exception of nonconforming uses and structures as defined and governed in Chapter 17.62 shall be unlawful and a public nuisance, and the city attorney shall institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and may take such other steps as may be necessary to accomplish these ends and may apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or use contrary to the provisions of this title.

C.

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

(Ord. 211 (part), 1980: prior code § 11-1-1907.3)

Chapter 17.65 - CONDITIONS OF APPROVAL FOR MEDICAL MARIJUANA FACILITIES

Sections:

The city council finds and determines as follows:

A.

Federal law prohibits the possession and distribution of marijuana. (21 U.S.C. Section 812, 841(a)(1), 844) Under federal law there is no exception for medical marijuana. Although California criminalizes the possession and cultivation of marijuana generally (Health & Safety Code Section 11357, 11358), California has decriminalized the possession and cultivation of medical marijuana, when done pursuant to a physician's recommendation. (Health and Safety Code Section 11362.5(d).) Further, California law decriminalizes the collective or cooperative cultivation of medical marijuana. (Health & Safety Code Section 11362.775) In 2004, the legislature enacted Senate Bill 420 (codified at Health and Safety Code Section 11352.7 et. seq.) to clarify the scope of Proposition 215(the "Compassionate Use Act") and to provide qualifying patients and primary care givers who collectively or cooperatively cultivate marijuana for medical purposes with limited defense to certain specified state criminal statutes. Finally, recognizing the dangers associated with the medical marijuana industry, the state legislature adopted Health and Safety Code Section 11362.83, permitting:

(1)

Cities or other local governing bodies to adopt local ordinances that regulate the location, operation, or establishment of medical marijuana cooperatives or collectives; and

(2)

Enforce said civil and criminal enforcement of local ordinances.

B.

The city council acknowledges that state and federal laws prohibit the possession, sale and distribution of marijuana. The city council also acknowledges that the State of California has adopted the Compassionate Use Act and the Medical Marijuana Program Act. The city council also acknowledges that it is charged with the duty to protect the health, safety and welfare of its residents and the public in general.

C.

The City of Orange Cove is a small rural farming community at the base of the Sierra Nevada Range and surrounded by vast agricultural resources. The community is a relatively poor community with a high rate of unemployment. There has developed within the community a large number of marijuana grows in the backyards of residential neighborhoods, to the extent that such grows are visible from the street and the pungent odor of marijuana is clearly noticeable to the passerby. This development of marijuana grows, particularly in residential neighborhoods, threatens the health, safety and welfare of the residents. These grows have become a target for crime. Given the small size of this community, if regulations are not put in place, the city council fears that the outdoor cultivation of marijuana will permeate the entire community and bring more crime to the community. Recently, in the Central San Joaquin Valley, and more particularly in Fresno County, there have been incidents of violence including homicides and missing persons relating to the cultivation of medical marijuana.

D.

A scan of newspaper headlines and the internet paints a controversial picture of the medical marijuana industry. Some have been caught selling marijuana to people not authorized to possess it, many intentionally operate in the shadows without any business licensure or under falsified documentation, and some have been the scene of violent robberies and murder. These abuses have prompted a range of reactions from communities across California. forty-two cities and nine counties have local ordinances regulating dispensaries, one hundred three cities and fifteen counties have moratoriums, and one hundred forty-three cities and twelve counties have bans in place.

E.

Arrests have been made within this community of individuals armed with machine guns coming into this community for the purpose of stealing marijuana being cultivated within the community.

F.

There have been many reports of violence incidental to the cultivation of marijuana, whether medical or non-medical. There have been reports of shootings in Fresno County related to marijuana. One of the shootings resulted in a death. There have been reports of missing persons related to the medical marijuana industry. The reports of marijuana related threats to neighboring landowners and other citizens have escalated and grown in recent months.

G.

Additionally, a number of sources, including the United States Department of Justice's California Medical Marijuana website (http://www.usdoj.gov/dea/ongoing/legalization.html) and the "White Paper on Marijuana Dispensaries" published by the California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009) have concluded that the establishment of marijuana dispensaries can lead to an increase in

crime. Among the crimes cited are burglaries, robberies, sales of illegal drugs in the areas immediately surrounding such dispensaries, as well as other public nuisances such as loitering, smoking marijuana in public places, sales to minors and driving while under the influence of marijuana.

H.

Although decriminalized in California, the unregulated cultivation and dispersement of medical marijuana in the City of Orange Cove pose an immediate and serious threat to the health, safety and welfare of the community. The State of California has left the regulation of such activities to local authorities. Comprehensive civil regulations of premises used for medical marijuana cultivation and distribution is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and fire hazards that may result from unregulated marijuana cultivation.

I.

The city council has considered evidence presented to it concerning the safety of the cultivation and distribution of medical marijuana and finds there is an abundance of evidence both locally, and nationally, that such business are targets of crime and the inherent risks to the public's health, safety and welfare, thereby warranting a zero tolerance policy for violations; and, as such, a proactive effort on the part of the city to prevent crime.

J.

The city council considers the unregulated cultivation and distribution of medical marijuana a current and immediate threat to the health, safety and welfare of the public.

K.

As described above, the medical marijuana industry, while decriminalized in California, still poses a threat to the health, safety and welfare of the public. The council finds that said activity does not fit squarely in any defined zoning district in the city. In order to protect the health, safety and welfare of the public and to prevent and deter criminal activity, the council finds it necessary to regulate the use of land within the city, through land use regulations.

L.

The city council now desires to impose said regulations on the business and activity of medical marijuana facilities, in order to protect the health, safety and welfare of the general public. The intent of this ordinance is not to be in conflict with federal law which expressly prohibits the possession and distribution of marijuana, but rather to impose land use restrictions upon the activities of those whose activities have been decriminalized under state law. The intent of this ordinance is not to otherwise permit the possession and distribution of marijuana, but rather to protect the health, safety and welfare of the public.

(Ord. No. 362, § 3, 10-10-2012)

A.

"Collective" or "cooperative" pursuant to Health & Safety Code Section 11362.775, medical marijuana patients and primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." (Guidelines For the Security and Non-Diversion of Marijuana Grown for Medical Use; Department of Justice, State of California, August 2008, citing Health & Safety Code Section 11362.775)

B.

"Medical marijuana" is defined in subsection (h) of Health and Safety Code Section 11362.7.

C.

"Medical marijuana facility" is a facility wherein medical marijuana is cultivated and dispensed as a collective or cooperative pursuant to Health & Safety Code Section 11362.775.

D.

"Primary caregiver" is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

E.

"Qualified patient" is a person who is entitled to the protections of California Health and Safety Code Section 11362.5.

(Ord. No. 362, § 3, 10-10-2012)

A.

Written application for a conditional use permit under this chapter shall be made to the city manager, on forms acceptable to the city manager, accompanied by a non-refundable fee as specified in the resolution adopted by the city council, which fee shall be sufficient to cover the cost of handling the application. Fees or costs incidental to the filing of a complete application, and/or associated with the conditional use permit application, and/or to meet other provisions of this chapter are not included in the application fee. The application shall be signed by the applicant or applicants. The application shall include the following:

1.

The name, address and telephone number of the applicant. The applicant must be a qualified patient, a person with an identification card or a primary caregiver as those terms are defined and used in Health and Safety Code Section 11362.7 et. seq.; and

2.

The name of each qualified patient, person with an identification card, or primary caregiver who is part of the collective or cooperative operating pursuant to the conditional use permit; and

3.

A copy of the current medical recommendation or state-issued medical marijuana card for the applicant and collective/cooperative members; and

4.

A statement, signed by the applicant and all collective/cooperative members, that they acknowledge that they may be subject to prosecution under federal or state laws; and

5.

An agreement, signed by the applicant and all members of the collective/cooperative, to waive, release, indemnify and defend the city from any and all legal liability related to or arising from the application for a license, the issuance of the license, or the enforcement of the conditions of the license, and/or the operation of any facility at which medical marijuana is cultivated; and

6.

The address of the real property upon which the medical marijuana will be cultivated, a description of the nature of the proposed use or development.

7.

The notarized signature of all property owners of the proposed site indicating the owners' consent to the application and acknowledgement that the property owner may be subject to prosecution under federal or state laws; and

8.

The fee prescribed by the city council by resolution for processing the application; and

9.

Such other information and documentation as the city determines is necessary to ensure compliance with state law and this chapter.

B.

The applicant and each member of the collective/cooperative must be fingerprinted and photographed by the police department, at the applicant's expense.

(Ord. No. 362, § 3, 10-10-2012)

17.65.040 - Application process.

A.

Notwithstanding Chapter 17.52 of this Code, applications for a conditional use permit for the cultivation of medical marijuana in an M-1 or M-2 zone district shall be processed by the city manager. Within fifteen days of receipt of a complete application, the city manager shall distribute the application to relevant

departments, and the county, state and federal agencies for review and comment. Such reports shall be submitted to the city manager not later than ninety working days from the date of distribution of the application.

B.

In considering an application for a conditional use permit pursuant to this chapter, the city manager shall approve the application only upon the police chief's certification, after a background check, that each applicant, and each member of the collective/cooperative, has not been convicted of a felony, or drug or illegal substance related non-felony, or is a known member of a criminal street gang.

C.

In the event the report of the city chief of police is adverse to the issuance of the conditional use permit, the city manager shall not issue the permit. The city manager's decision to approve or deny an application shall be final. There shall be no appeal to the planning commission or city council.

D.

Notice of Decisions. Notice of the city manager's decision shall be given as follows:

1.

Denial. A letter shall be mailed to the applicant, property owner and/or authorized agent as shown on the application form.

2.

Grant. A notice of granting shall be delivered pursuant to Government Code Section 65091 to the following:

a.

To the owner of the subject real property as shown on the latest equalized assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.

b.

To any person designated in any application or appeal to receive such notice.

c.

To every person filing with the director a written request for notice with respect to an identified proceeding specified in such request.

d.

To each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

e.

To all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than one thousand, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten days prior to the hearing.

f.

If the notice is mailed or delivered pursuant to paragraph (b), the notice shall also either be:

(A)

Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least ten days prior to the hearing.

(B)

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.

g.

The notice shall include the information specified in Government Code Section 65094.

h.

In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.

All such notices shall be mailed within seven days after the decision is made. Whenever the action taken is subject to appeal or request for hearing by any person receiving such notice, the notice shall set forth the procedure for filing such appeal, objection, or request within a period of fifteen days after the date such action was taken.

E.

Effect of City Manager's Decision. Unless appealed to the commission pursuant to subsection F, below, the decision of the director shall be final and effective for all purposes.

F.

Appeal to the Commission. Any interested party may file an appeal of the director's action to grant, grant in modified form, or deny a special permit. When the appeal is filed, said decision shall be set aside, and a public hearing upon the matter shall be set before the commission. Notice of the hearing shall be provided pursuant to Government Code Section 65091 and subsection D above.

(Ord. No. 362, § 3, 10-10-2012)

Because the danger and risks to the health, safety and welfare of the public, the sale, transfer, assignment of a conditional use permit issued pursuant to this chapter is personal to the applicant(s) and does not run with the land. All changes in ownership, whether of property or business assets, shall require a new conditional use permit application and approval.

(Ord. No. 362, § 3, 10-10-2012)

Medical marijuana facilities, including the cultivation of medical marijuana shall at all times occur within a secure, locked, and fully enclosed structure, including a ceiling, roof or top, and shall meet the following requirements:

A.

Location. The medical marijuana facility shall be a minimum of one half mile from any school, public park or playground, recreation area, amusement park, sports facility, adult business, day care facility, church, chapel, youth-orientated establishment, places of worship, medical facility or other medical marijuana facility.

B.

Exterior. The exterior appearance of the structure shall be compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the immediate area.

C.

Security.

1.

A city police department approved twenty-four-hour centrally monitored alarm system is required.

2.

A city police department approved closed circuit television (CCTV) video monitoring shall be installed that meets the following criteria:

a.

Continuous twenty-four-hour operation and recording with minimum archival period of fourteen days.

b.

Sufficient cameras, angles of observation and lighting to allow facial feature identification of persons in interior and exterior areas where marijuana is present at any time.

c.

Sufficient cameras, angles of observation and lighting to allow facial feature identification of persons in the immediate exterior areas of doors, windows or other avenues of potential access.

d.

All CCTV recordings shall be accessible to law enforcement officers at all times during operating hours and otherwise upon reasonable request. All CCTV recording systems shall have the capability of producing tapes, DVDs or other removable media of recordings made by the CCTV system.

e.

To prevent tampering, the recorder shall be kept in a secure location and all recordings shall be date and time stamped.

D.

Structure.

1.

The structure shall meet all applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

2.

At a minimum, the structure, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door.

E.

Windows.

1.

Windows and glass panes shall have vandal-resistant glazing, shatter-resistant film, glass block, or bars installed equipped with latches that may be released quickly from the inside to allow exit in the event of emergency.

2.

Windows vulnerable to intrusion by a vehicle must be protected by bollards or landscaping grade separation reasonably sufficient to prevent such intrusion.

F.

Ventilation. The structure for cultivating medical marijuana shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the property line and designed to prevent mold and moisture and otherwise protect the health and safety of those persons

participating in the cultivation. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s)).

G.

Roofs, Roof Hatches, Skylights, Ceilings. For buildings in which a Medical Marijuana Facility is located:

1.

All means of gaining unauthorized access to the roof shall be eliminated. Exterior roof ladders shall be secured with locked ladder covers.

2.

Roof hatches and skylights shall be secured so as to prevent intrusion.

3.

Where a medical marijuana facility is located in a building with other tenants, the medical marijuana facility shall be secured against unauthorized access from other tenant spaces or common areas, including access through crawl spaces, ceiling spaces, ventilation systems or other access points concealed from the common areas.

H.

Visibility.

1.

No marijuana may be visible from any location off the property on which a medical marijuana facility is located.

2.

Exterior landscaping within ten feet of any building in which a medical marijuana facility is located shall be free of locations which could reasonably be considered places where a person could conceal themselves considering natural or artificial illumination.

3.

Exterior building lighting and parking area lighting must be of sufficient foot-candles and color rendition, so as to allow the ready identification of any individual committing a crime on-site at a distance of no less than forty feet.

I.

Signage and Markings. There shall be no signage or markings on the property, structure, on any other building located on the property, or off-site, which in any way evidences that the collective or cooperative cultivation of medical marijuana is occurring on the property. There shall be posted signage over each and

every door or entrance which is accessible from a public street, sidewalk or alley which states that "No One Under 18 Years of Age Permitted" and "Loitering Prohibited." Said signage shall be in both English and Spanish and shall be clearly posted.

J.

Fire Suppression System. An approved automatic fire sprinkler system, designed in compliance with NFPA 13, shall be provided in buildings and portions thereof used as a medical marijuana facility.

K.

Entrances, Exits, Doors.

1.

A medical marijuana macility shall have a single, plainly identified primary entrance/exit site that is visible from public or common areas.

2.

Any exit or entrance that is not visible from a public or common area shall be plainly marked as an emergency exit only. Such emergency exits shall be self-closing, self-locking, equipped with an alarm and not used except in an emergency.

3.

Any aluminum door shall be fitted with steel inserts at the lock receptacles.

4.

Any outward opening doors shall be fitted with hinge stud kits, welded hinges or set-screw hinge pins.

5.

Panic exit hardware shall be "push-bar" design.

6.

Double doors shall be fitted with three-point locking hardware and push-bars consistent with fire agency regulations or requirements.

7.

All emergency exits shall be solid core doors featuring hinge-pin removable deterrence. Emergency exit doors shall have latch guards at least twelve inches in length protecting the locking bolt area. Latch guards shall be of minimum 0.125-inch thick steel, affixed to the exterior of the door with non-removable bolts, and attached so as to cover the gap between the door and the doorjamb for a minimum of six inches both above and below the area of the latch.

8.

All glass doors or doors with glass panes shall have shatter-resistant film affixed to prevent glass breakage.

(Ord. No. 362, § 3, 10-10-2012)

The use and operation of any facility shall not commence until such time as the city building inspector and city police department have first inspected the structure to confirm that said structure complies with the infrastructure and safety requirements set forth in this chapter, and the city has issued a certificate of occupancy.

A certificate of occupancy shall not be issued until such time as the applicant(s) have obtained a conditional use permit pursuant to this chapter.

(Ord. No. 362, § 3, 10-10-2012)

17.65.080 - Operating requirements for medical marijuana facility.

A.

The hours of operation of a medical marijuana facility shall be no earlier than 8 a.m. and no later than 8 p.m., seven days a week.

B.

No persons under the age of eighteen are allowed at, in, or on a medical marijuana facility, unless such individual is a qualified patient and accompanied by their parent or documented legal guardian.

C.

The applicant and each member of the collective/cooperative shall be limited to cultivation of medical marijuana at one medical marijuana facility at any one time.

D.

The following records must be maintained in a form and manner approved by the police department at the medical marijuana facility at all times and available for inspection by the police department:

1.

The full name, address, and telephone number(s) of the owner and lessee, including all alias names used in the previous ten years;

2.

The address where correspondence is to be mailed;

3.

A record identifying the name of the licensee and each collective/cooperative member by name, home address and telephone number;

4.

A copy of all participant physician recommendations, identification cards, and primary caregiver evidence; and shall reflect whether the recommendation is written or oral. The record shall identify the city and city of residence for the applicant, and each member;

5.

A sketch or diagram showing the property with the location of the cultivation and all buildings on the property, including a statement showing the total area occupied by the cultivation and the distance from the property lines;

6.

A statement setting forth the number of plants to be cultivated and demonstrating that the cultivation does not exceed the maximums set forth under state law or this ordinance, namely patient maximums and the cap of 99 plants;

7.

Statement identifying all persons who will be tending to the cultivation and describing the cultivation process;

8.

For lessees, written evidence that the owner has consented to use of the property for medical marijuana cultivation;

9.

Current records of any transaction by which a member pays money for marijuana from the medical marijuana facility during the two-year period preceding the current date. Such records must include at a minimum the following information:

a.

The name of the collective/cooperative member that paid money;

b.

The amount of cash involved, if any;

c.

The method of payment if not by cash; and

d.

The amount of marijuana involved.

An agreement, signed by the applicant and every collective/cooperative member, that within seven days of request by the police department, they will produce for inspection by law enforcement a record, current to within forty-eight hours, of costs of cultivation, overhead and operating expenses; and

E.

The total quantity of marijuana grown or located at any medical marijuana facility shall not exceed the amount stated in Health & Safety Code Section 11362.77, but in no case, irrespective of the number of collective/cooperative members, the number of marijuana plants shall not exceed ninety-nine, whether mature or immature.

F.

No smoking or any other consumption or ingestion of marijuana is allowed at a medical marijuana facility.

G.

Medical marijuana facilities shall be available for inspection by the police department, city manager, the fire authority having jurisdiction or their respective authorized representatives, at all times during operating hours and upon reasonable notice during non-operating hours.

H.

A medical marijuana facility shall have on its premises, posted in a prominent location, a copy of its conditional use permit and a document that provides the names, home addresses, home telephone numbers and twenty-four-hour emergency telephone numbers of the applicant and every collective/cooperative member.

I.

A licensed, uniformed security guard shall be present at a medical marijuana facility at all times during hours of operation.

J.

The applicant shall not hold or maintain a license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages.

K.

The applicant shall not hold or maintain a business license from the city to operate an adult business.

L.

Required participation in the cultivation: no employees. All persons who associate together for the collective or cooperative cultivation must participate in the cultivation and the cultivation must occur solely among members of the association. No employees, independent contractors, or other persons may be utilized for the cultivation.

M.

No compensation or sales: distribution only among members. No member may compensate any other member to cultivate on its behalf. All distribution of the cultivated marijuana shall be solely among members of the association and shall be without compensation of any kind. Nothing in this subsection shall be deemed to prevent a primary caregiver from subsequently providing the cultivated marijuana to one of his/her qualified patients.

N.

No on-site consumption. No on-site consumption of medical marijuana shall occur.

O.

No cultivation in conjunction with a business: The cultivation shall not occur in conjunction with any business. No products or services shall be sold from the property where the cultivation occurs.

P. The cultivation operation shall be open for inspection by any law enforcement officer or city code enforcement officer between the hours of 8:00 a.m. and 9:00 p.m. seven days a week, or at any time upon responding to a call for service related to the property where the cultivation is occurring.

(Ord. No. 362, § 3, 10-10-2012)

A conditional use permit issued pursuant to this chapter may be revoked for any violation of this chapter, or in the event any applicant or collective/cooperative member is found guilty of a felony, a drug or illegal substance non-felony, or determined by the chief of police to be a known member of a criminal street gang. A conditional use permit issued pursuant to this chapter may also be revoked, if in the discretion of the chief of police, criminal activity has occurred upon the premises, the result of which has placed the health, safety and welfare of the public in jeopardy.

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Title 1, of this Code, which include criminal, civil and administrative remedies. Additionally, a violation of this chapter constitutes a nuisance per se, and as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, revocation of the conditional use permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the applicant and/or the collective/cooperative members.

The city police department, with administrative assistance from the city manager's mffice, shall have primary responsibility for enforcement of the provisions of this chapter. Nothing in this chapter shall be construed as imposing on the enforcing officer or the city any duty to issue any notice to abate, nor to abate, nor to take any other action with regard to any medical marijuana facility in violation of this chapter, and neither the enforcing officer nor the city shall be held liable for failure to issue an order to abate, nor for failure to abate, nor for failure to take any other action with regard to any violation of this chapter.

In the event that a conditional use permit has been revoked pursuant to this section, the applicant shall be barred from being issued a new conditional use permit for such use at any location in the city.

(Ord. No. 362, § 3, 10-10-2012)

17.65.100 - Severability.

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. No. 362, § 3, 10-10-2012)