Chapter 4 — Standards for Specific Land Uses and Activities

The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all Districts. These provisions are supplemental standards and requirements intended to minimize the impacts of these uses and activities on surrounding properties and protect the health, safety, and welfare of their occupants and of the general public. For discretionary projects, the Reviewing Body may impose additional conditions as may be deemed necessary to achieve these purposes, secure the objectives of the General Plan and this Ordinance, and support the findings of approval.

A. Purpose

The purpose of this Section is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with California Government Code Sections 65852.2 and 65852.22.

B. Applicability

The regulations established in this Section shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Chapter 2. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Section and the Building Code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this Section shall not be:

• Deemed inconsistent with the General Plan designation and/or zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

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• Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

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• Considered in the application of any City ordinance, policy, or program to limit residential growth.

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• Required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

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C. Where Allowed

Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for singlefamily or multi-family dwellings where such parcels include a proposed or existing dwelling.

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D. Types

An accessory dwelling unit approved under this Section may be one of the following types:

• Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

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• Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

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• Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

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• Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following:

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• a. Is contained entirely within an existing or proposed single-family dwelling

• b. Is less than 500 square feet.

• c. Has independent exterior access from the primary dwelling but may also provide internal access.

• d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling. For purposes of providing service for water, sewer, or power, or for fire or life protection, a JADU shall not be considered a separate or new dwelling unit.

• e. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

E. Location and Number

Single-Family Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-family dwelling zones as follows:

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• a. Single-Family Dwelling Parcel. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-family dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit:

  • i. Is either within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or within the existing space of an accessory structure, plus up to 150 additional square feet if such expansion is for the sole purpose of accommodating ingress and egress to the converted structure;

    • May be located either in the front or rear half of the parcel, located outside of the minimum required setbacks for each;

On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required

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on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel;

Has exterior access that is independent of that for the single-family dwelling; and

Has side and rear yard setback of three feet.

• b. Limited Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-family dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements:

• i. Is detached from the primary dwelling;

Is located on the rear half of the parcel;

Is located a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls;

Is 800 square feet or smaller in size;

Has a peak height above grade of 18 feet or less; and

Has side and rear setbacks of at least four feet.

• c. Types and Number of Units Allowed. The following combination of accessory dwelling units is allowed on a single-family dwelling parcel:

  • i. Detached accessory dwelling unit and junior accessory dwelling unit

Detached accessory dwelling unit and attached accessory dwelling unit

• Multi-Family Dwelling Zones. Accessory dwelling units are allowed in multi-family dwelling zones as follows:

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a. Converted Spaces within a Multi-Family Dwelling

• i. Within any multi-family dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for dwellings. No additions to or enlargements of the footprint of the existing multiple unit dwelling shall be permitted to establish or construct ADUs in accordance with this paragraph.

  • At least one accessory dwelling unit shall be allowed within an existing multi-family dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed 25 percent of the number of existing units.

• b. Limited Attached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-family dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements:

  • i. Has side and rear setbacks of at least four feet; and

Is 800 square feet or smaller in size.

On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.

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F. Standards Applicable to All Accessory Dwelling Units

The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing singlefamily dwelling or multi-family dwelling structure to create an accessory dwelling unit.

• Parcel Size and Width. No minimum parcel size or parcel width shall be required for the construction of an accessory dwelling unit.

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• Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

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• Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.

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• Permanent Foundation.

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• a. All accessory dwelling units shall be attached to a permanent foundation.

• b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, cargo container, or boat shall not be used as an accessory dwelling unit.

5. Nonconforming Conditions. The correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of an accessory dwelling unit is not required in order to establish an accessory dwelling unit on a parcel with a primary dwelling.

6. Design.

   • a. Accessory dwelling units shall be designed and constructed to architecturally and aesthetically match the existing dwelling(s) in terms of exterior materials and colors, building elements, structure mass, and roof pitch.

   • b. If the accessory dwelling unit is a manufactured home, the manufactured home shall be attached on a permanent foundation and shall match the primary dwelling architectural style, exterior materials and colors, and roof pitch.

7. No Separate Conveyance. An accessory dwelling unit may be rented, but not sold or otherwise conveyed separately from the parcel and the primary dwelling.

8. Owner-Occupancy Requirement.

   • a. An ADU is not subject to an owner-occupancy requirement.

   • b. A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject to this requirement. With respect to a JADU that is subject to an owner-occupancy requirement, a natural person with legal or equitable title to the property that includes the JADU must reside on the property as the person’s legal domicile and permanent residence.

9. Rental Term. No accessory dwelling unit may be rented for a term shorter than 30 days.

10. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charged to an accessory dwelling unit 750 square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new

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dwelling). For the purposes of this Paragraph, impact fees do not include any connection fee or capacity charge for water or sewer service.

G. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units

The following standards shall apply only to attached and detached accessory dwelling units.

Size

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• a. The minimum size of an ADU or JADU is 220 square feet of floor area.

• b. Detached. May not exceed 1,200 square feet. No more than two bedrooms are allowed.

• c. Attached. May not exceed 1,200 square feet. No more than two bedrooms are allowed. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling.

Height

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• a. Detached ADUs on Single-Family Parcels. A detached ADU that is on a parcel with a singlefamily or multi-family dwelling may be a single story, up to 18 feet in height.

• b. Additional Height to Match Roof Pitch. An applicant may request an increase in detached ADU height to match the roof pitch of the detached ADU to that of the primary dwelling. Maximum allowed height not to exceed 20 feet.

• c. Attached ADU Maximum Height. Attached ADUs are allowed a maximum height of 25 feet high or as high as the primary structure is allowed to be under the underlying zoning district standards (whichever is lower).

• Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

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• Utilities. Attached and detached accessory dwelling units shall have new, separate utility connections directly between the accessory dwelling unit and the utility provider.

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Parking

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• a. One off-street parking space, which may be unenclosed, is required for each attached and detached accessory dwelling unit. The parking requirement shall be in addition to the parking requirement for the primary dwelling. The parking space may be provided as tandem parking, including on an existing driveway, where the driveway is a minimum of 25feet in length. No parking shall be permitted in the front yard other than on the paved driveway. Parking shall not be required for a JADU.

• b. When a garage, carport, or covered parking structure providing required parking for the primary dwelling or dwellings is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced.

• c. Additional parking for the accessory dwelling unit is not required in the following instances:

  • i. The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations as defined by Government Code Section 65852.2(j)(10)

The accessory dwelling is an individually designated historic resource or is located within an architecturally and historically significant historic district.

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The accessory dwelling unit is attached to the existing primary structure or is a junior accessory dwelling unit.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.

Permits

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• a. Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a building permit from the City. The City shall issue the permit within 60 days from the date that the City received a completed application, unless:

  • i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;

The City requires corrections to the building permit application, in which case the 60day time period is tolled until the applicant resubmits a corrected application; or

• The building permit application is submitted with a permit application to construct a new single-family or multi-family dwelling on the parcel, in which case the City may delay acting on the building permit application until the City has acted on the permit application to construct the new primary dwelling, but the building permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.

• b. Application and Processing Fees. The City Council shall establish a schedule of fees pursuant to Section 11-7.15 for the application and processing of a building permit for an accessory dwelling unit.

H. Standards Applicable to Converted Accessory Dwelling Units.

The following standards apply only to converted accessory dwelling units:

• Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit.

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• Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement parking spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered, uncovered, or tandem parking spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway.

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• Building Permit. The property owner shall obtain a valid building permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to building permits generally.

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I. Standards Applicable to Junior Accessory Dwelling Units.

The following standards apply only to junior accessory dwelling units.

• Size. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 feet and shall not expand the size of an existing single-family dwelling by more than 150 square feet, provided such expansion is solely for the purpose of accommodating ingress and egress.

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• Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

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• a. A sink with a maximum waste line drain of one-and-on-half inches;

• b. A cooking facility with appliances which do not require electrical service greater than 120 volts or use natural or propane gas;

• c. A food preparation counter or counters that total at least 15 square feet in area; and

• d. Food storage cabinets that total at least 30 square feet of shelf space.

3. Parking. No additional off-street parking is required for the junior accessory dwelling unit.

4. Permits.

   • a. Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid building permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to building permit generally. The City shall issue a ministerial permit within 60 days from the date that the City received a completed application, unless either:

     • i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;

       • The City requires corrections to the building permit application, in which case the 60day time period is tolled until the applicant resubmits a corrected application; or

       • The application to construct a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel. The City may delay acting on the permit application for the junior accessory dwelling unit until the City acts on the permit application to construct the new primary dwelling, but the application to construct the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.

   • b. Application and Processing Fees. The City Council shall establish a schedule of fees pursuant to Section 11-7.15 for the application and processing of a building permit for a junior accessory dwelling unit.

5. Deed Restriction. Junior accessory dwelling units shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by a governmental agency, land trust, or housing organization.

occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by a governmental agency, land trust, or housing organization.

• a. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property and a copy filed with the Community Development Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:

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• i. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law.

  • The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.

  • The deed restriction runs with the land and shall be enforced against future property owners.

• e. The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the junior accessory dwelling unit has in fact been eliminated. The Community Development Director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the Community Development Director’s determination consistent with Section 11-7.8 (Appeals). If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.

  • f. The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

A. Purpose

The purpose of this chapter is to allow for the conduct of minor and major home occupations which are either clearly incidental or secondary to the primary residential use of a dwelling unit but always compatible with surrounding residential uses. It allows for the gainful employment in the home by any occupant of a dwelling so long as the enterprise does not require frequent customer access or have associated characteristics that would reduce the surrounding residents’ enjoyment of their neighborhood. The standards for minor and major home occupations in this chapter are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood:

• Permit home occupations as an accessory use in a dwelling unit;

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• Allow residents to operate small businesses in their homes, under certain specified standards, conditions, and criteria;

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• Allow for “telecommuting” and reduced vehicle use;

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• Ensure that home occupations are compatible with, and do not have an adverse effect on, adjacent and nearby residential properties and uses;

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• Ensure that public and private services, such as streets, sewers, water, or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with a residential use; and

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Preserve the livability of residential areas and the general welfare of the community.

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B. Permitted Minor Home Occupation

1. A home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence. An administration fee, state fee and gross receipts fee (5-1-34: License Fee; Gross Receipts) shall be the only fees associated with a Minor Home Occupation. A Minor Home Occupation shall comply with the following minimum standards:

   • a. A home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling.

   • b. A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling.

   • c. There shall be no external alteration of appearances of the dwelling in which a home occupation is conducted (relating to the home occupation).

   • d. Only a resident of the premises may engage in a home occupation on the premises. Nonresident partners, employees, or customers are not permitted to engage in the home occupation on the premises.

   • e. A home occupation shall not create any radio or television interference, or noise audible beyond the boundaries of the site.

• f. Not more than one truck of not more than one to one and one-half ton capacity (may not be a tow truck), and no more than one trailer which will each individually fit within a standard (ten feet by twenty feet) parking space or garage.

  • g. A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

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

  • i. Business advertising shall utilize a post office box and not the residential address.

  • j. Signs advertising the home occupation are not permitted on the property. Other advertising shall not include the address of the premises.

  • k. Sales of products or provision of services shall be delivered offsite by the occupants of the residence, and no customers shall come to the site to take delivery of products or receive services at the site.

C. Application Filing, Processing, and Review for Major Home Occupations

• An application for a home occupation permit shall be filed in compliance with Chapter 11-6.4 (Zoning Clearances)

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• Following receipt of a completed application, the Director or their designee shall determine that the proposed home occupation is allowed as a matter of right by this Code and conforms to all the applicable standards listed in subsection C below, a Zone Clearance may be issued.

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• The Director shall, within thirty (30) days, make a determination to approve or deny a home occupation permit that would be operated.

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• A Zoning Clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new Zoning Clearance shall be obtained for each new home occupation.

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• Appeals shall be subject to section 11-7-8 (Appeals).

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• A home occupation permit fee, in compliance with the City’s Fee Schedule, shall be collected when the application for a Major Home Occupation permit is submitted to the Planning Division.

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D. Major Home Occupation Operating Standards

The following criteria must be complied with to approve and maintain a home occupation:

• The major home occupation shall be conducted entirely within a dwelling or accessory building except for horticulture activities or creative activities by artists, which may be conducted outdoors.

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• Immediately following the effective date of an approved major home occupation permit, the applicant shall obtain a business tax certificate.

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• A major home occupation shall not be initiated until a current business tax certificate is obtained in compliance with Section 5-1-16 (License Fee; Home Occupations).

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• The major home occupation permit shall be valid only for the person to whom it is issued and shall be void when that person moves from the dwelling unit or discontinues the business. Only one home occupation (minor or major) may be allowed per dwelling.

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• Up to two employees other than residents of the dwelling unit shall be allowed to work, gather or congregate on the premises in connection with a major home occupation, or as otherwise allowed through State law for babysitters, domestic staff, or cottage food operations as defined in California Health and Safety Code Section 113758.

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• There shall be no use of materials or mechanical equipment not recognized as being part of normal household or hobby uses.

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• Where the person conducting the major home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored, and sold directly to customers at an off-premise location(s).

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• Activities conducted, and equipment, material or hazardous materials used shall be identified on the Zoning Conformance Review application and shall not change the fire safety or occupancy classifications of the premises.

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• Sales of goods from the premises shall be limited to the products of the major home occupation, and no other merchandise or goods shall be sold, kept, or displayed for the purpose of sale on the premises. Mail order businesses that do not involve handling of merchandise or storage in the home are permitted.

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• The use shall not generate pedestrian traffic or vehicular traffic beyond that normal to the zone in which it is located.

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• No use shall create or cause blight, hazards, or nuisances due to noise, dust, vibration, odors, smoke, glare, electrical interference, or other reasons.

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• The major home occupation shall not generate pedestrian or vehicular traffic beyond that ordinarily generated in the residential district in which it is located. A maximum of 6 client visits via appointment is allowed during any 24-hour period. Visitation and deliveries incidental to the major home occupation shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

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• No commercial vehicles may be used for delivery of materials, with the exception of reasonable courier services, to or from the premises. The permit holder shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed three-quarter (3/4) ton, owned by the operator of such major home occupation, which shall be stored in an entirely enclosed garage. No limousine or other vehicle for hire used in connection with the home-based business shall be kept on site or parked in the public rightof-way where the business is located or other residential road.

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• No excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the zone, are allowed.

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• There shall be no signs other than the address and name of any resident.

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• There shall be no outdoor advertising that identifies the major home occupation.

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• Not more than one (1) room in the dwelling shall be employed for the major home occupation. Garages shall not be used to conduct major home occupations. Garages or other enclosed accessory structures shall not be used for major home occupation purposes other than parking, except for the storage of incidental office supplies where two (2) parking spaces are maintained.

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• No building or space outside of the main building shall be used for major home occupational purposes except for agricultural uses in the R-A (Residential Agriculture) Zone.

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• In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use as determined by the Community Development Director or designee (e.g., by color, materials or construction, lighting, signs, sounds or noises, vibrations, heat, glare, etc.)

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• Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the zone.

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E. Prohibited Home Occupations

The following list presents example commercial uses that are not subordinate to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations:

• Adult or sexually-oriented business;

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• Barber or Beauty Shops.

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• Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises, to include kennels and boarding used for these animals;

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• Carpentry and cabinetmaking (does not prohibit a normal woodworking hobby operation);

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• Construction business (does not include secondary business offices where the business has its principal office, staff, and equipment located elsewhere);

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• Dance club/nightclub;

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• Dancing schools, exercise, and yoga studios, except one-on-one training or teaching that does not exceed 6 clients within 24 hours.

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• Firearms manufacture, sales, or repair;

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• Food preparation other than cottage food operations authorized under State law (Cal. Gov’t Code § 113758);

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Fortune-telling (psychic);

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• Furniture refinishing or upholstery;

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Junkyards;

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• Landscaping business (does not include secondary business offices where the business has its principal office, staff, and equipment located elsewhere);

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• Lawn mower and small engine repair;

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• Home occupations that become detrimental to the public health, safety and welfare, or constitute a nuisance; or if the use is found to be in violation of any law, ordinance, regulation, or statute;

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• Massage establishments;

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• Medical and dental offices, clinics, and laboratories;

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• Mini-storage;

• Plant nursery (excepting agriculturally zoned properties in the A, R-R or R-A District);

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• Retail sales of merchandise stored and/or displayed within the property;

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• Storage of equipment, materials, and other accessories to the construction and service trades;

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• Tattoo studios, to include body piercing and permanent makeup;

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• Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting (this does not prohibit mobile minor repair or detailing at the customer’s location utilizing a personal, noncommercial vehicle);

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Vehicle sales;

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Welding and machining;

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Yard sales (as a commercial business); and

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• Other similar uses determined by the Director not to be subordinate to or compatible with residential activities.

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F. Permit Expiration and Revocation

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Discontinuance or cessation.

• a. Home occupation permits shall immediately expire upon discontinuance or cessation of use for a period of ninety (90) days of the home occupation.

Revocation of permit.

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• a. The Director may revoke a home occupation permit for noncompliance with the provisions of this chapter or the conditions set forth in granting the permit.

• b. The revocation shall be effective upon delivery of written notice to the permittee.

• c. The permittee may appeal to the Planning Commission the revocation within fifteen (15) days of the Director’s decision.

• d. The Planning Commission’s decision may be appealed to the City Council within fifteen (15) days of the Commission’s decision.

• e. The appeal shall be in writing setting forth the reasons for the appeal and be filed, along with associated fees, with the Planning Division.

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A. Purpose

The purpose of this chapter is to allow for the conduct of child day care facilities and establish standards for City review in conformance with State law (HSC 1597.40-44) including limitation on the City’s authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities and evidence of the license shall be presented to the Planning Department prior to establishing any child day care facility.

B. Types of Child Care Facilities

• Child Care Facility . A facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. A childcare facility includes, non-profit nursery schools, preschools, child care centers, employer-sponsored child care centers, family child care homes, and any other day care facility licensed by the State of California. Each of these different types of child day care facilities is subject to different regulations and land use requirements.

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• Family Child Care Home. A child day care facility that provides supervision to children (infant through school age) in the caregiver's own home for periods of less than 24 hours per day. Per State law, Family Child Care Homes are allowed in all residential dwelling types and are not limited to detached single-family homes. The operation of a family child day care home constitutes an accessory use of residentially zoned and occupied properties and does not fundamentally alter the nature of the underlying residential use.

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• a. Large Family Child Care Home . A home that provides family day care for up to 14 children, inclusive, including children under the age of 10 years who reside at the home in accordance with Health and Safety Code Section 1597.465, or any successor thereto and shall not require an entitlement or business license.

• b. Small Family Child Care Home. A home that provides family day care for up to eight (8) children, including children under the age of 10 years who reside at the home in accordance with Health and Safety Code Section 1597.44, or any successor thereto. The use of a singlefamily residence as a small family child day care home shall be considered a residential use of property for the purposes of all local ordinances and shall not require an entitlement or business license.

C. Minimum Standards for Child Care Facility

• State and Other Licensing . All Child Care and Early Education Facilities shall be State licensed and shall be operated according to all applicable State and local regulations.

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• Passenger Loading. A passenger loading plan shall be required in accordance with Section 113.4 subject to the approval of the Director. All loading facilities shall be provided off-street and within the subject property. The Director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times for Child Care and Early Education Facilities.

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• Noise. The facility shall not exceed City noise limits as noise standards contained in Title VI, Chapter 17, Noise Regulations, of the Municipal Code.

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• Fences and Walls . A six-foot (6') high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry.

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• Organized Outdoor Activities—Hours . If the Child Care and Early Education Facility is located within or adjacent to a Residential District, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first on weekends.

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• Neighborhood Liaison . All Child Care and Early Education Facilities shall designate an on-site contact person to serve as a neighborhood liaison to address any neighborhood concerns related to the Child Care and Early Education Facility operation.

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• a. Outdoor Play Area . For Child Care and Early Education Facilities, outdoor space shall be required for each child older than 2 years in compliance with applicable State requirements. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school, or other public open area in close proximity to the facility.

D. Minimum Standards for Family Child Care Homes

• Fire Clearance. A fire safety clearance approved by Selma Fire Department is required for Family Child Care Homes.

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• State and Other Licensing. All family child care homes shall be State licensed and operated according to all applicable State and local regulations.

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• Structures. All family child care homes shall conform to all property development standards of the zoning district in which it is located unless otherwise provided in this Section.

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• Noise. The operation of a large family day care shall comply with noise standards contained in Title VI, Chapter 17, Noise Regulations, of the Municipal Code. Noise from the operation of any large family day care may not exceed that which is customary in residential neighborhoods during daytime hours. Prolonged and abnormally loud noises shall not be considered customary, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods from 8:00 a.m. until 9:00 p.m.

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• Hours of Operation. All family child care homes shall not be limited in hours or days of operation.

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• On-Site Parking. On-site parking for large family day cares shall not be required except for that required for the residential building in accordance with Section 11-3.4 Parking, and Loading.

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• Passenger Loading. Curbside loading shall be presumed adequate for drop-off and pick-up of children. A passenger loading plan shall be required in accordance with Section 11-3.4 subject to the approval of the Director.

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• Setbacks. Large family childcare homes must meet play structure setback and placement requirements in Section 11-3.3, Accessory Structures.

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• Screening of Outdoor Play Areas. Fences shall comply with Chapter 11-3.6, Fences, Walls, and Hedges.

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• Residency. The operator of family day care must be a full-time resident of the dwelling unit in which the day care is located.

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A. Purpose

This Chapter is adopted to supplement and implement sections 65970 through 65981 of the Government Code of the State of California in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within one or more attendance areas. All of the requirements of said sections 65970 through 65981 of the Government Code are incorporated by reference and shall apply to school districts and the City as though expressly set forth herein.

B. Applicability

This chapter applies to all land proposed for residential development which is owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land proposed for residential development which is owned by the United States and any agency of the United States, the state of California and any agency of the state, a city, and any public district or political subdivision of the state of California insofar as it is legally possible to enforce this chapter, or any portion thereof, against such entities.

C. Definitions

The definitions set forth in Section 65973 of the Government Code of the state of California shall apply throughout this chapter. In addition, the following words and phrases, as used in this chapter, shall have the following meanings:

• “Attendance area” means that portion of a school district, within the city with identifiable boundaries determined by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.

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• “Conditions of overcrowding” means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of the school as determined by the governing body of the district.

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• “Developer” means any person, or any of the other entities mentioned in Section 11-4.5(B) of this Chapter, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, or files a tentative subdivision or parcel map for residential purposes.

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• “Dwelling unit” means one or more rooms in a building, mobilehome or portion thereof, designed, intended to be used, or used for occupancy by one family for living and sleeping quarters.

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• “Mobilehome space” means any space, including each space within a mobilehome park, designed for parking a mobilehome on a temporary, semi-permanent or permanent bases.

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• “Reasonable methods for mitigating conditions of overcrowding” include, but are not limited to the following:

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• a. Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to the school district for an interim period, or whereby temporaryuse buildings owned by the school district will be used;

• b. The availability of funds, the use of which would not impair the normal functioning of educational programs;

• c. The use of funds which could be made available from the sale of surplus school district real property and/or personal property;

• d. The use of school district property for temporary-use buildings;

• e. The use of other schools in the district not having overcrowded conditions.

• “Residential Development” means a project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units.

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D. School Facilities-Findings-Notification

Before a developer may be required to dedicate land or pay a fee in lieu thereof, pursuant to Sections 65970 through 65978 of the Government Code of the state of California and this chapter, the governing board of a school district which operates an elementary or high school within the city shall make the written findings, supported by clear and convincing evidence, required by Section 65971 of the Government Code of the state of California and notify the city council of its findings. The notice to the city council shall contain all of the following:

• The findings required by Section 65971 of the Government Code of the state of California;

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• A summary of the evidence upon which the findings are based;

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• The reasonable methods of mitigating conditions of overcrowding which have been considered by the school district and any determination made concerning them by the district;

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• The precise geographic boundaries of the overcrowded attendance area or areas;

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• Sufficient evidence on the interim classroom and related facilities needed by the school district and the costs of providing the same so that the city council can set the fees to be charged to the developer or the applicant for the building permit.

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• A statement that in consideration of the City concurring in the finding of overcrowding the governing board of the school district covenants and agrees at its sole cost and expense to defend and hold harmless the City from all liability, claims, charges, expenses, costs and litigation of whatsoever kind arising out of this Chapter, its sufficiency, legality, related findings, fees schedule, implementation, operation, enforcement, collection or otherwise.

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E. Action by City Council

Upon receipt of such notice from a school district, the city council shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.

F. School Facilities-Fees and General Requirements

• When the city council has concurred in such findings under, Section 11-4.5(E) the Council shall not approve an ordinance rezoning property to a residential use, nor shall the city council, planning commission or city manager grant a discretionary permit for residential use, nor shall the planning commission or city council approve a tentative subdivision or parcel map for

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residential purposes within such area until the city council has determined whether the developer shall dedicate real property, pay fees in lieu thereof, or a combination of both, as a condition of the approval. Such dedications and fees shall comply fully with all of the requirements of this chapter and section 65974 of the Government Code of the state of California.

• Notwithstanding the provisions of subsection one (1) of this section, the City Council may find that there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the council would benefit the city and justify issuing such an approval without requiring such a dedication or payment of fees or, may require the dedication of land in subdivisions containing more than fifty (50) parcels.

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• Notwithstanding the provisions of paragraph one (1) above, a builder of a residential development may exercise the option of providing interim facilities at his or her expense at a place designated by the school district in lieu of paying fees or may enter into any other legally binding agreement with the school district which the school district deems satisfies its needs including, but not limited to, an agreement where temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

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• Amount of Fee or Land Dedication: The fees payable, or dedication of land in lieu thereof, by a developer to a school district shall be determined by resolution of the City Council at or after the time that the Council concurs in the findings of the school district pursuant to Section 114.5(E) of this Chapter. No dedication of land may be required in subdivisions containing fifty (50) parcels or less. Any school facilities fees imposed by resolution and adopted by the Council pursuant to subsection A of this Section shall not exceed the limits set forth in Government Code section 65995.

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• Appeals: A right to appeal the imposition of fees to the City Council shall be available to developers and/or builders of residential development for those projects which come within the provisions of subsections F2 and F3 of this Section, who shall be apprised of such right at the time that fees are imposed in the manner provided by this Section.

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• Fee Payment and Land Dedication to Comply with Provisions: Any dedication of land, or payment of fees in lieu thereof, shall comply fully with all of the requirements of this Chapter and section 65974 of the Government Code of the State of California.

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G. Exemptions

This section shall not apply to the following types of projects:

• Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development, and residential development restricted to adults only; provided, the developer enters into a written agreement with the affected school district that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located.

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• Conversion of existing apartment buildings to condominiums or a community apartment project, except where such apartment buildings were restricted to “adults only” and said restrictions are removed when the conversion takes place.

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• Alterations, remodeling, renovations or reconstruction of existing residences which do not result in additional dwelling units.

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H. Building Permits

When the city council has determined pursuant to Section 11-4.5(F) of this ordinance that the developer shall dedicate real property, pay fees in lieu thereof, or a combination of both, a copy of the determination of the council shall be sent to the city building inspector. The city building inspector shall not issue any building permit for construction of a mobile home park or a residence, nor any permit to relocate a residence, nor any permit to move in a mobile home, or other such residential dwelling unit which is subject to the determination by the council unless the applicant provides proof that the required dedication of land and/or payment of fees to the school district has been made.

I. Liability and Responsibility of School District

• Liability. Notwithstanding anything in this Chapter to the contrary, no fee or dedication of land may be imposed hereunder unless and until the City receives a valid and enforceable commitment in writing from the school district that it shall at its sole cost and expense defend, represent, pay and indemnify the City from and for any claim, demand and/or litigation in any way arising out of or relating to this Chapter, its enforcement and operation, the establishment, the amount of and/or collection of fees established hereunder or here for.

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• Responsibility. It shall be the responsibility of the school district, at its sole cost and expense, to appear and testify at any hearing, including any appeal, relating to the imposition of fees or dedication of land.

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A. Purpose and Intent

The purpose of this Section is to regulate permanent Outdoor Dining. The intent of these regulations is to encourage outdoor dining and seating that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

B. Permit Requirements

• All Outdoor Dining and Seating areas subject to the requirements of this Section shall be allowed as specified in Chapter 2 (Zoning Districts and Allowable Uses).

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Outdoor Dining and Seating areas are allowed as follows:

• a. When providing 24 or fewer seats: A Site Plan Review is required; and

• b. When providing 25 or more seats: A Conditional Use Permit is required.

• c. When a SPR or CUP is required, in order to approve proposed outdoor seating, the Decision Body shall make the standard findings required, as well as all the following additional findings:

• d. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.

• e. Does not unduly interfere with pedestrian traffic on the sidewalk.

• f. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.

• g. Allows an unobstructed view of traffic devices.

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C. General Development Standards

The following developmental standards shall apply to all Outdoor Dining and Seating Facilities:

• Location. Outdoor dining and seating shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right-of-way, in required parking spaces, in designated vehicle drive aisles, or within required landscape planter areas except as allowed in Section E Parklets.

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• Hours of Operation. Except as otherwise provided, hours of operation for outdoor dining and seating areas shall be consistent with those for the primary use.

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• Signs. No additional business identification or advertising signs for outdoor dining and seating shall be allowed above the maximum number and allowable sign area for the corresponding primary use as established in Section 11-3.8 (Signs).

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• Maintenance. Outdoor dining and seating areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas as follows: all outdoor dining and seating areas shall leave a minimum horizontal clear space of six feet of clear sidewalk space, or greater if the Director of Public Works determines necessary to protect pedestrian access to the sidewalk area.

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• Quality of Materials. Any outdoor dining and seating area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic or polypropylene chairs are not compatible with permanent higher quality surrounding materials and structures. The selected materials shall be subject to the Community Development Director’s approval.

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• Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no outdoor dining and seating area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Director Review and Approval permit. However, a DPR shall not be required for the following activities when located less the 100-foot separation requirement:

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• a. Service windows for pedestrians.

• b. Outdoor dining and seating incidental to a restaurant or beverage/food establishment that conforms to all the following criteria:

  • i. Is separated from residentially zoned property by a nonresidential building; Does not operate between the hours of 10:00 p.m. and 6:00 a.m.;

Can be secured, in order to prevent access during non-business hours; and

Is operated in a manner that does not create a private or public nuisance

D. Operational Standards

The following operational standards shall apply to all Outdoor Dining Areas:

• Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the

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outdoor dining and seating, including any design requirements hereafter enacted, from the structure frontage to the curb.

• Permittee to Ensure Compliance. The permittee shall restrict the outdoor dining and seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

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• Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control. and by Section 11-4.6 in this Chapter.

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• Clean-up Facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate clean-up facilities, and associated procedures, in the following manner.

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• a. Cleaning Schedule. Outdoor dining areas shall be cleaned daily for removal of litter and food items which constitute a nuisance to public health and safety; and,

• b. Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

• Required Parking. Additional parking shall be required for the outdoor dining and seating area associated with the primary use at a rate of 50 percent of the typical parking ratio required under Section 11-3.4 in this Chapter.

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• Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in City’s Noise Ordinance (Chapter 17: Noise Regulations).

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E. Parklets

Parklets are intended to encourage activation of the public right-of-way, provide increased business opportunities for businesses and restaurants and increase opportunities for outdoor dining and other uses. All rules, regulations and provisions of the Outdoor Dining Standards shall continue to apply unless superseded by these Guidelines.

• Eligibility. Restaurants may apply for the temporary closure and use of one or more metered or unmetered parking space(s) that are located immediately in front of their property limits for outdoor dining. Where the applicant does not own the property in which their restaurant or business is located, then the property owner’s approval is required.

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• a. Parklets are permitted on streets with speed limits of 25 mph or lower. Parklets on streets with speed limits over 25 mph will be considered on a case-by-case basis.

• Parklet Location . Parklets will be reviewed to determine whether their proposed location will interfere with view preservations of historic buildings and landmarks, public art, and to determine if the architectural design of the structure(s), and their materials and colors, are compatible with the scale and character of surrounding development and other improvements on the site.

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• a. Parklets may be placed in non-restricted on-street metered and unmetered parking spaces in commercially zoned areas and may not be placed within a blue, green, red, yellow, or white painted curb.

• b. Parklets may not be located within a minimum of one parking space (which is approximately 20 feet) from an intersection with a crossing road. The allowable distance is subject to

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review by City staff considering the type of intersection, type of control, crosswalk and other pavement markings, etc. Parklets may not be located within designated turn lanes, tapers or bike lanes.

• c. Parklets are not permitted in front of, or within 15 feet of a fire hydrant or over a fire hydrant shut-off valve. Parklets constructed with irremovable materials may not be constructed over any utility access covers. Momentary access must be provided to any City staff or other public utility company from time to time that have underground conduits running beneath the Parklet area. Applicants understand and agree that City crew roadway restriping, resurfacing and utility company access may require the temporary removal of all, or a portion of the constructed Parklet to provide access. Accurate reinstatement of the parklet or its components will be the responsibility of the applicant.

• Parklet Size. A Parklet may occupy a maximum of three adjacent parking spaces. Larger Parklets will be considered on a case-by-case basis for up-to the length of a business frontage.

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• a. All Parklets are required to include a minimum 4’ setback on either end to buffer the Parklet from adjacent on-street parking spaces and a minimum 1’ buffer adjacent to the auto or bike travel lane. Parallel parking spaces typically range between 18 to 20 feet in length. With a standard 4-foot setback on both ends and a 20-foot typical parking space length.

• b. Parklets may not use any part of an adjacent parking space. In areas where parking is not striped, the Parklet shall not leave an “orphaned” space that is too small to park a full-sized passenger vehicle.

• c. Parklets should be a minimum width of 6 feet (or the width of the existing parking lane including the minimum 1’ buffer). Parklets generally entail the conversion of one or more parallel parking spaces, but may vary according to the site, context, and desired character of the installation.

• Bollards . Six feet long concrete bollards containing a 1/2-inch steel sheath that are placed four feet above grade and buried two feet below grade are to be placed 4’ apart from one another along the perimeter of the Parklet and a maximum of 2’ away from any corner.

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• Enclosure. The tops of Parklet walls shall not be higher than 36” above the ground however, narrow support pillars or posts may be built above 36” to support a roof or to mount lighting fixtures, lighting strings, or speakers, provided the roof is no lower than 7½’ high and provided the roof sustains a minimum wind speed of 110 mph.

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• Lighting. Applicants interested in lighting should consider solar-powered lighting that use a rechargeable battery. Parklets however, may have lighting fixtures or lighting strings installed on poles with or without a roof provided they are rated for outdoor use and their power cord is plugged into an enclosed Ground Fault Circuit Interrupter outlet located on the face or roof of the building. Running conduits or extension cords along the ground to the Parklet from the building to provide electrical power is prohibited and can be a tripping hazard.

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• Speakers. Parklets may have speakers mounted within them provided they are rated for outdoor use and their cords are connected in an aerial fashion to equipment located inside or outside of the building that is owned or occupied by the Applicant. Alternatively, speakers may be mounted directly upon the face of the building that is owned or occupied by the Applicant. Running conduits or speaker wire along the ground to the Parklet from any building is prohibited.

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• Reflectivity. Reflective elements/devices are required at the outside corners of all Parklets. Softhit posts equipped with reflective surfaces are a typical solution deployed along the perimeter;

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however, the City will consider other reflective elements incorporated into the Parklet design to enhance visibility of the structure including at night.

• Driveways. Parklets located adjacent to driveways must be set back twenty feet from the outside edge of the driveway apron. The City may consider shorter separation requirements for smaller driveways.

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• Easy Removal. Since Parklets are temporary and will be placed atop critical infrastructure and utilities such as gas lines, sewer and water mains, they must be designed for easy removal in case emergency access is required. No Parklet component may weigh more than 200 pounds per square foot.

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• Advertising/Signs. With the exception of one menu sandwich board, advertising, marketing, promotional activities or any other signage is prohibited in the Parklet.

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• ADA Compliance. If other areas of the business do not achieve minimum ADA accessibility requirements, then the Parklet design shall be accessible to the disabled in accordance with ADA standards. Parklet access shall adhere to the Uniform Building Code and Title 24 (California Building Standards Code) of the California Code of Regulations and include:

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• a. This includes the use of slip resistant surface materials, maximum allowable slopes and other provisions.

• b. The ability for wheelchair users to access the Parklet.

• Platform Deck. Each Parklet requires a platform that is flush with the curb. Construction drawings must be submitted for the seating deck so that the City can review the structural base for the Parklet.

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• Maintenance. The Parklet is required to be well maintained and be in good condition. Parklet owners are required to develop a maintenance plan for keeping the Parklet free from debris, grime, and graffiti, and to ensure any plants remain in good health and not grown in a manner that would obstruct visibility of the adjacent travel lane and/or intersections.

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• a. Restaurants are required to sweep the sidewalk and roadway area immediately surrounding the Parklet and to keep it litter-free as City street sweepers are unable to do so.

• b. The area beneath the Parklet platform shall be cleaned and rinsed out at least once a month.

• Change of Ownership. The Parklet Permit and License Agreement is non-transferable. If the applicant’s business changes ownership or ceases to operate, the permit will be automatically terminated and the platform, bollards, wheel stops, etc. shall be removed by the applicant (unless the applicant is a tenant on the premises and the property owner of these premises agrees, in writing, to assume the responsibility of removing the Parklet if the new tenant of these premises or new owner of applicant’s business does not wish to use the Parklet), and the parking space(s), parking meter(s), bike rack(s), and any other impacted road elements will be restored. Any new tenant or new operator of the applicant’s business will be required to apply and obtain a new Street Use Permit and License Agreement from the City.

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• Removal. If the applicant decides to no longer use the Parklet, or the permit has expired, the applicant is responsible for removing the Parklet and all related elements and restoring the public right-of-way to its original condition. Removal and restoration of the Parklet area requires an additional permit, which may be obtained from the Department of Public Works/Engineering Division. Failure to remove the Parklet and/or restore the road will result in forfeiting the maintenance deposit. Applicants shall reimburse the City for any costs to remove the Parklet and/or restore the road that exceed the amount of their maintenance deposit.

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• a. In some instances, such as a street repaving or utility work, the City may require the applicant to remove their Parklet temporarily. The City or utility will provide adequate notification to permit holders that a Parklet will need to be temporarily removed for repaving, utility, or other street work. In these situations, you may need to store your Parklet off-site during these construction activities. Parklet removal and reinstallation shall be performed at the sole cost of the permit holder.

• b. Because Parklets may be placed atop utilities there may be instances where the Parklet will require immediate removal with little notice (such as a gas leak, water main break, sewage pipe break, etc.). During these emergencies, the City or other public utility may remove the Parklet with little or no notice.

• Insurance. The Applicant (Permitee) shall obtain and maintain in force during the life of the Parklet Permit and License Agreement comprehensive general liability, automotive, and workers compensation insurance in amounts and coverage as determined by the City Attorney and specified in the Parklet Permit and License Agreement. Failure to maintain active insurance policies is grounds for revocation of the permit.

pplicant (Permitee) shall obtain and maintain in force during the life of the Parklet Permit and License Agreement comprehensive general liability, automotive, and workers compensation insurance in amounts and coverage as determined by the City Attorney and specified in the Parklet Permit and License Agreement. Failure to maintain active insurance policies is grounds for revocation of the permit.

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A. Purpose

• Prevent the overabundance or overconcentration of alcoholic beverage sales and its consumption to limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and other nuisances. Regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.

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• Establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.

B. Conditional Use Permit Required

• No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a conditional use permit, an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D, or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection F.

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• a. This Section shall not apply to retail facilities that sell alcoholic beverages for off-site consumption, which are equal to or greater than fifteen thousand (15,000) square feet in area and where the display and storage areas for alcoholic beverages constitute less than ten percent (10%) of the floor area of the establishment.

C. Findings for Approval of Conditional Use Permit

• The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for conditional use permits contained in Section 11-6.7(F), all of the following additional findings listed below can be made in an affirmative manner:

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• a. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;

• b. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;

• c. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and

• d. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.

D. Alcohol Exemption Permit

• Limited and full-service restaurants that offer alcoholic beverages incidental to meal service (License Type 41: On-Sale Bear and Wine- Eating Place and 47: On-Sale General- Eating Place) shall be exempt from the provisions of the conditional use permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions, including inspections to confirm adherence to all of the following:

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• a. The primary use of the premises shall be for sit-down meal service to patrons;

• b. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;

• c. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served;

• d. Window or other signage visible from the public right-of-way shall not advertise beer or alcohol;

• e. Customers shall be permitted to order meals at all times and at all locations of the

  • establishment where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers;

• f. The establishment shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;

• g. Take out service shall be only incidental to the primary sit-down use;

• h. Off-site alcohol sales are only allowed with the purchase of take-out food and packaged to be consumed at customers residence or other destination not in the public realm.

• i. Except for special events and to go orders, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups;

• j. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities, or other actions. The operator shall control noisy patrons leaving the restaurant;

• k. The permitted hours of alcoholic beverage service shall be 9:00 a.m. to 11:00 p.m. Sunday through Thursday, and 9:00 a.m. to 12:00 a.m. Friday and Saturday. Complete closure with all employees vacated from the building by 12:00 a.m. Sunday through Thursday, and 1:00 a.m. on Friday and Saturday. All alcoholic beverages must be removed from the outdoor dining area no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. No after-hours operation is permitted;

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• l. No more than 35 percent of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources, which shall be submitted annually to the Planning Division at the beginning of the calendar year and also available to the City and the California Department of State Alcoholic Beverage Control (ABC) upon request;

• m. Liquor bottle service shall be prohibited. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service;

• n. Establishments with amplified music shall be required to comply with Title VI, Chapter 17, Noise Regulations, of the Selma Municipal Code;

• o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;

• p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Community Development Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments;

• q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;

• r. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;

• s. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and

• t. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.

E. Density

The following criteria shall be used to determine the density of any facilities that sell alcoholic beverages for off-site consumption, under this section in the City:

• All facilities shall be a minimum of three hundred feet (300') from any public park and any public or private school.

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All facilities shall be a minimum of five hundred feet (500') in numbers from any existing nonexempt facility which conducts retail sales of alcoholic beverages for off-site consumption.

F. Existing Uses

All existing alcohol outlets to which these regulations are applicable shall be considered legal nonconforming uses in regards to the Conditional Use Permit or Alcohol Exemption Permit unless any one of the following occurs:

The use is expanded or modified;

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The use is discontinued for a period of six (6) months or longer. The six-month period to determine that a nonconforming alcohol outlet has been discontinued shall commence when the use ceases and any one of the following occurs:

• a. The business license lapses;

• b. The site is vacated;

• c. The lease is terminated;

• d. Utilities are terminated; or

• e. A conforming use that meets the applicable requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet.

  • i. Cessation of use due to property damage or remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 4-1.4 of the Municipal Code. However, if the building permit expires before the use resumes, the 6-month period under Subsection (F)(2) shall relate back and commence with the cessation of use.

A substantial change in character or mode, which shall include but is not limited to:

• a. A change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday

• b. A 5 percent increase in the floor area of the premises

• c. A 10 percent increase in the shelf area used for the display of alcoholic beverages

• d. Queuing outside the establishment

• e. Age requirements for entry

• f. Checking identification at the door

• g. Implementing a cover charge

• h. Offering bottle service

When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP or Alcohol Exemption Permit.

A. Purpose and Intent

• Purpose. The purpose and intent of this Chapter is to regulate adult oriented businesses in the City which, unless closely regulated, tend to have serious secondary effects on the community,

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which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the adult businesses.

• Intent. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of adult businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

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B. Definitions

The following words and phrases shall, for the purposes of this, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

• Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”.

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• Adult Bookstore or Adult Video Store. An establishment which has a regular and substantial portion of its stock-in-trade business in any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations (“adult material”) which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”.

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• Adult Business. Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law. “Adult business” shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie.

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• Adult Cabaret. A nightclub, restaurant or similar business establishment which features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities” or films, motion pictures, videocassettes, slides or other

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photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”.

• Adult Motel/Hotel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration where one or more of the following conditions exist: a) at least 20 percent of the gross receipts of the hotel/motel sales from providing patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions are derived from circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”; and/or b) rents, leases, or lets any room for less than a six hour period, or rents, leases or lets any single room more than twice in a 24-hour period.

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• Adult Materials. Any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials which are distinguished or characterized by an emphasis upon matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law.

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• Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas”.

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• Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”.

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• Bar or Tavern. A facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. “Bar or tavern” includes those facilities located within a hotel, motel, or other similar transient occupancy establishment.

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• Child Daycare Facility. A facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis.

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• Distinguished or Characterized by an Emphasis Upon. Means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. When the phrase refers to adult motel or hotel, the primary purpose of providing patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions must be to provide adult material to patrons.

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Establishment. Establishment of an adult business includes any of the following:

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• a. The opening or commencement of any such business as a new business; or

• b. The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; or

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• c. The addition of any of the adult businesses defined herein to any other existing adult business; or

• d. The relocation of any such adult business.

• Figure Model. Any person who, for any form of consideration, poses in a modeling studio to be observed, sketched , painted, drawn, sculptured, photographed or otherwise depicted.

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• Gross Receipts. Means and includes the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, adult material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

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• Liquor Store. A commercial establishment devoted primarily to the retail sale of alcoholic beverages for consumption off- site.

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• Minor. Any natural person under 18 years of age.

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• Nightclub. Any commercial establishment located in a building, room or structure that provides entertainment, alcoholic beverages and/or dining.

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• Owner or Permit Holder or Permittee. For purposes of this Chapter, shall mean any of the following:

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• a. The sole proprietor of an adult business; or

• b. Any general partner of a partnership which owns and operates an adult business; or

• c. The owner of a controlling interest in a corporation which owns and operates an adult business; or

• d. The person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.

• Person. Means and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).

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• Regular and Substantial Course of Conduct and Regular and Substantial Portion. A facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.

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• a. The area(s) devoted to the display of adult material exceeds 15 percent of the total display area of the business; or

• b. A business or concern, including an adult theater, adult cabaret, and adult motion picture theater, which presents any type of entertainment distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public nude, seminude, or dressed only in lingerie, on any two or more separate days within a 30-day period; three or more separate days within a 60-day period; or four or more separate days within a 180-day period; or

• c. At least 20 percent of the gross receipts of the business, in any three month period, are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

• Religious Institution or Church. A structure, which is used primarily for religious worship and related religious activities.

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• School. Any childcare facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

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Specified Anatomical Areas. Includes any of the following:

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• a. Human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or

• b. Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified Sexual Activities. Includes any of the following:

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• a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

• b. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; or

• c. Masturbation, actual or simulated; or

• d. Excretory functions as part of or in connection with any of the activities described in subsections (A) through (C) of this definition; or

• e. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are totally exposed, partially exposed or opaquely covered

• Substantial Enlargement. The increase in floor area occupied by the business, by more than 10 percent as the floor area exists on the effective date of this Chapter.

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• Transfer of Ownership or Control of an Adult Business. Shall mean and include any of the following:

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• a. The sale, lease or sublease of the business; or

• b. The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; or

• c. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control

C. Location Requirements

Adult businesses shall be allowed only in the areas of the City identified on the map attached to Ordinance 99-9 on file in the City Clerk's office and incorporated herein by reference. In addition, no adult businesses shall be located:

• Within five hundred feet (500') of any bar, tavern, nightclub, liquor store or other adult business located either inside or outside of the City limits;

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• Within one thousand feet (1,000') of any existing church, school, library, park or other recreational facility where minors congregate, nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls located either inside or outside of the City limits;

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• Within one thousand feet (1,000') of any property planned for a park, school, library or other recreational facility where minors congregate located inside or outside of the City limits;

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• Within five hundred feet (500') of any land described by the Land Use Element of the City General Plan with any residential land use, located either inside or outside of the City limits.

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• Within two hundred fifty feet (250') of any existing restaurant or grocery store which is likely to be frequented by minors.

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As used in this Section, “existing” means at the time the permit application is submitted. “Planned for”, means property designated in the General Plan of the City for such use, or other official planning documents of the City, or property owned or leased by Selma for such use. The distances set forth above shall be measured in a straight line, without regard to intervening structures, as a radius from the property line of the adult business to the closest property line of the other use. Adult businesses are prohibited from all areas of the City except as expressly permitted in this Section. (Ord. 99-9, 8-16-1999)

D. Statement and Records

• Person(s) required to obtain an adult business license pursuant to the provisions of this Chapter for any business establishment which provides products, adult material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”, as defined in Section 11-4.8 of this Chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, adult material, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three years. control.

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No person required to keep records under this Section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places. The City shall inspect these only in the instance when there is a dispute as to whether a business is an adult business and needs to comply with the provisions of this Chapter. (Ord. 99-9, 8-16-1999)

E. Location Requirements

Adult businesses shall be allowed only in the areas of the City identified on the map attached to Ordinance 99-9 on file in the City Clerk's office and incorporated herein by reference. In addition, no adult businesses shall be located: It shall be unlawful for any person to operate, engage in, conduct or carry on any adult business within the City unless the person of the adult business first obtains, and continues to maintain in full force and effect an adult business license pursuant to Section 1129-9 (Adult Business License Required) of this Chapter, and a conditional use permit. In addition to the base zoning requirements governing conditional use permits generally, the following additional requirements shall be satisfied by adult businesses. Such additional requirements shall be included in any approved Conditional Use Permit:

• Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Selma Fire Department and building regulations and standards adopted by the City.

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• No adult business shall be operated in any manner that permits the observation of any material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”

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from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

• Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Lighting shall be shown on the required plot plans and shall be reviewed and approved by the Community Development Department.

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• No loudspeakers or sound equipment shall be used by an adult business or the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City.

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• The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director.

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• The adult business shall not be located, in whole or in part, within any portable structure.

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• The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.

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• The adult business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises.

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• Any adult business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements:

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• a. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Department and City Community Development Department of any violations of law observed. Any security guard required by this subsection shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State and/or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder;

• The adult business shall submit the landscaping plan to the Community Development Director for review and approval. If the adult business is the sole use on a lot, no planting shall exceed 30 inches height, except trees with foliage not less than six feet above the ground;

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• The adult business shall submit plans to the Community Development Director for review and approval, for lighting the entire exterior grounds, including the parking lot;

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• The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right of way within any other building or other separate unit within the same building;

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• No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Community Development Director.

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• Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

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• All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view at all times.

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• Except as specifically provided in this Section, the adult business shall comply with the zoning, development and design standards applicable to the zone in which the business is located. Adult businesses shall comply with the off-street parking standards pursuant to Chapter 17 of this Title, except the number of off-street parking spaces required for adult businesses shall be not less than as follows:

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• a. Adult arcade, adult bookstore or adult video store, one for each 200 square feet of gross floor space

• b. Adult cabaret, one for each four seats, and in any case, not less than one for each 50 square feet used for dancing.

• c. Adult hotel/motel, one for each sleeping or dwelling unit.

• d. Adult motion picture theater or adult theater, one for each five seats.

• No adult material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the adult business.

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• No person under the age of 18 years shall be permitted within the premises at any time.

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• The adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

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• Except as otherwise required by law for adult motion picture theaters, and except as provided in subsection (19) of this Section with regard to adult arcades, and subsection (20) of this Section with regard to adult businesses providing live entertainment, all areas of the adult business accessible to patrons shall be illuminated at least to the extent of 20 foot-candles, minimally maintained and evenly distributed at ground level.

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• All signage shall comply with the sign regulations pursuant to Chapter 28 of this Title, except the following signs shall be prohibited for all adult businesses:

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• a. Animated signs.

• b. Illuminated or flashing signs.

• c. Revolving signs.

• d. Movable signs mounted on trailers, trucks, or similar conveyance.

• e. Murals, paintings, pennants, banners and flags places on the building.

• f. Off-site signs, including freeway-oriented signs.

• g. Signs that display a message, graphic representation, or other image that are obscene as defined in Section 311 of the California Penal Code.

• h. Signs that are mounted on or above the roofline of a building.

• i. Projecting signs.

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• j. Signs that are cut, burned, limed, painted, or otherwise marked on a filed, tree, rock, or other natural feature.

• k. Freestanding signs.

• l. All signs shall be attached to the wall of the building. The adult business shall be permitted two square feet of sign area per linear foot of the front of the building adjacent to a street, parking area or access drive. The sign area shall be on the front of the building facing the street. Any parcel within 1,000 feet of Highway 99 right of way shall not have a sign that faces the freeway, but may have a sign on the side or back of the building, subject to the review of the Planning Commission. All sign designs shall be submitted to, and reviewed and approved by the Planning Commission. All adult materials and activities shall be concealed from view from any public right of way, parking lot or neighboring property.

• No adult business shall be open or operating during the hours from two o'clock (2:00) A.M. to six o'clock (6:00) P.M.

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• The following additional requirements shall pertain to adult arcades, which provide one or more viewing area(s):

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• a. Upon application for a Conditional Use Permit for an adult arcade, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the adult business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade to an accuracy of plus or minus six inches (±6”).

• b. The application shall be sworn to be true and correct by the owner under penalty of perjury.

• c. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Planning Commission.

• d. It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the adult arcade.

• e. The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult arcade to which any patron is permitted access for any purpose excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

• f. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the adult arcade to ensure that the individual viewing area specified in subsection (19)g of this Section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (19)a of this Section.

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• g. No individual viewing area may be occupied by more than one person at any one time. “Individual viewing area” shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

• h. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subsection (19)h shall be constructed so as to allow twelve inches (12”) of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.

• i. The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which persons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

• j. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the adult arcade to ensure that the illumination described above is maintained at all times that any patron is present on the adult arcade.

• k. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

• i. No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. “Entertainer” shall mean any person who is an employee or independent contractor of the adult business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

  • The adult business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers' use.

  • The adult business shall provide an entrance/exit to the adult arcade for entertainers that is separate from the entrance/exit used by patrons.

  • The adult business shall provide access for entertainers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and that actually results in) preventing any physical contact between patrons and entertainers.

  • No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer.

  • Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

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• The adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than 20 foot-candles as measured at the floor level.

• The foregoing applicable requirements of this Section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the Conditional Use Permit and the adult business license issued pursuant to this Chapter.

F. Sale; Serving Alcohol and Intoxicated Persons

• It is unlawful to sell, serve or permit the consumption of alcohol in a structure occupied by an adult business.

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• It is unlawful for any person under the age of 18 years or any obviously intoxicated person to enter or remain on the premises of an adult business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business.

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• It is unlawful for any person having responsibility for the operation of an adult business, to allow any person under the age of 18 years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of an adult business has knowledge that the person is under the age of 18 years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this Section, the licensee of an adult business license, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business.

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G. Suspension and Revocation of a Conditional Use Permit

The Planning Commission may suspend or revoke any conditional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Chapter:

• The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances, the requirements of this Chapter, and the conditions of approval of the conditional use permit; or

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The approved use has been substantially enlarged without City approval; that the approved use has been partially or wholly converted to another adult business without City approval; that the conditional use permit has not been utilized within six months of its issuance; or

The adult business license has been suspended, revoked or expired.

H. Adult Business License Required

An applicant for the operation of an adult business must obtain an adult business license in addition to a conditional use permit. No adult business license shall be sold, transferred, or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. An adult business license held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the license null and void. An adult business license shall be valid only for the exact location specified in the license.

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I. Application for Adult Business License

Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Community Development Department. Such application shall contain:

• If the applicant is an individual, the individual shall state his or her legal name, permanent and business address, phone number(s) and submit satisfactory written proof that he or she is at least 18 years of age; or

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If the applicant is a partnership, the application shall state the partnership's complete name, whether it is a general or limited partnership, and show the name, permanent and business address, and phone number(s) of each of the partners, except limited partners. A copy of the partnership agreement, if any, shall also be provided; or

If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name, permanent and business address, and phone number(s) of each of the officers and directors. The applicant shall also provide the date of incorporation, evidence that the corporation is in good standing under the laws of California, and the name of the registered corporate agent and the address of the registered office for service of process. A copy of the articles of incorporation and bylaws shall also be provided.

• The address to which notice of action on the application is to be mailed.

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• If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

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• The applicant's driver's license number, social security number, and/or his/her State or federally issued tax identification number.

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• The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s) if any, plus the names and addresses of the owners and lessors of the adult business site, if any.

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• A floor plan showing where the specific entertainment uses are proposed to be conducted within the building. The floor plan shall include a sketch or diagram showing the configuration of the premises, including the size and location of the manager's station, if applicable, the size and location of video or other view areas, if applicable, and a statement of total floor space occupied by the business. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required. However, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult business to an accuracy of plus or minus six inches (±6”).

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• A detailed description of the adult business for which the permit is required, including all information which classifies the business as an adult business.

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• The manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

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• A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment.

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• Proposed hours of operation.

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• A certificate and straight-line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the adult business; and

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• a. The property line of any other adult business within 500 feet of the property line of the adult business for which a permit is requested;

• b. The property line of any land that carries a Selma General Plan land use designation containing the words residence or residential within its title within 500 feet of the property line of the adult business for which a permit is requested;

• c. The property line of any existing religious institution, school, library, park, or other recreational facility where minors congregate, or any planned park or other recreational facility where minors congregate, within 1,000 feet of the property line of the adult business for which a permit is requested.

• A diagram of the off-street parking areas and premises entries of the adult business showing the location of the lighting system.

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• The name or names of the person or persons having the management or supervision of applicant's business and of any entertainment, including those persons who will be the operator of an adult business and who are required by Section I above of this Chapter to obtain an adult business operator license.

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• The names of all employees, independent contractors, or other persons required by Section I above of this Chapter to obtain an adult business performer license.

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• Whether the applicant or any of the other individuals pursuant to this Section has had a previous permit under this Chapter or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

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• Whether the applicant or any other individual listed pursuant to this Section holds any other permits and/or licenses for an adult business from another city or county, and if so, the names and locations of such other permitted businesses.

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• If a person who wishes to operate an adult business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate an adult business is a partnership or corporation, each partner, except limited partners, and each officer and director, must sign the application for a permit as applicant. All applications for a license or renewal shall be filed with the City Community Development Department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Applicants for a license under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the City Community Development Director or his/her designees, shall be grounds for revocation of a license.

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J. Investigation of Application

Upon receipt of an application properly filed with the Community Development Department and upon payment of the nonrefundable application fee, the Community Development Department

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shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Selma Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed adult business in accordance with its responsibilities under law and as set forth in this Chapter. The Community Development Department shall complete said investigation within 25 days of receipt of the application. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. A department or agency shall disapprove an application if it finds that the proposed adult business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Community Development Department.

K. Decision by Community Development Director on Application for License

The Community Development Director or designee (hereinafter “Director”) shall grant or deny an application for a license within 60 days from the date of its proper filing. Upon the expiration of the sixtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the license is sought, unless and until the Director notifies the applicant of a denial of the application and states the reason(s) for that denial.

L. Grant of License

• The Director shall grant the application unless one or more of the reasons set forth in Section N below of this Chapter is present.

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• The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business. The license shall also indicate that the adult business whether permitted or not shall be subject to any applicable California Statutes or City regulations or ordinances consistent therewith. The permit shall be posted in a conspicuous place at or near the entrance to the adult business so that it can be easily read at any time.

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M. Non-Grant of License (Denial)

The Director shall deny the application for any of the following reasons:

• The building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire and safety laws of the State and of the City; or

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The applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Selma Police Department, Fresno County Sheriffs or other department of the City; or

The applicant has had any type of adult business license revoked by any public entity within two years of the date of the application; or

The applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code section 290, or any violation of Penal Code sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647; or

On the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open; or

A Conditional Use Permit has been denied for the proposed use; or

An applicant is under 18 years of age; or

An applicant, manager, or any agent or employee of the applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an adult business or any sex- related crime prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the applicant; or

The required application fees have not been paid. If the Director denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial. If a person applies for a license for a particular location within a period of 12 months from the date of denial of a previous application for a license at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

N. Inspection

An applicant or licensee shall permit representatives of the Selma Police Department, Fresno County Sheriff's Department, Fresno County Health Department, Selma Fire Department, Selma Code Enforcement, Selma Planning Department, or other City departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this Section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

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O. Expiration of License

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section J above of this Chapter (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license shall not be affected. When the Director denies renewal of the license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Director finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least 90 days have elapsed since the date denial became final.

P. Revocation of License

After an investigation, notice and hearing, the Director shall revoke an existing adult business license, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist:

• The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the State, or of the regulations or ordinances of the City; or

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The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Selma Police, Fresno County Sheriffs or other departments of the City; or

The licensee has had any type of adult business license revoked by any public entity within three years of the date the license was issued; or

There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; or

The licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code section 290, or any violation of Penal Code sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or

If, on one or more occasions within a 12 month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (5) of this Section, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the adult business is located, and the person or persons were employees, contractors or agents of the adult business at the time the offenses were committed; or

If the licensee or any employee of the licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

The adult business has been operated in violation of any of the requirements of this Chapter, and

• i. If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the licensee; or

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If the violation is of a noncontinuous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions of this Chapter occur (regardless of whether notice of each individual violation is given to licensee within any 12 month period); or

The subject adult business has employed minors; or

The Conditional Use Permit for the use has been suspended or revoked.

Q. Hearing on Revocation of License

After an investigation, notice and hearing, the Director shall revoke an existing adult business license, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist:

• Upon determining that grounds for license revocation exist, the Director shall furnish written notice of the proposed revocation to the licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the licensee may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the adult business and by sending the notice by certified mail, postage prepaid, addressed to the licensee as that name and address appear on the license. Within 15 calendar days after the later of the mailing or posting of the notice the licensee may file a request for hearing with the Director. If the request for a hearing is filed within 15 calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided.

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Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission shall conduct a hearing within 45 calendar days of the filing of such request by the licensee. Notice of time and place of the hearing shall be given to the licensee. Notice of time and place of the hearing shall be given to the licensee by personal service or via certified mail, postage prepaid, at least 15 calendar days in advance of the date set for the public hearing. At the hearing, the licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission.

ce of the date set for the public hearing. At the hearing, the licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission.

At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives of the Director regarding whether the license is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section Q above of this Chapter, the Director, based upon the report of the Planning Commission or, if no hearing was requested by the licensee, based upon the report of the City staff, shall immediately revoke the adult business license. The decision of the Selma Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within 15 calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in this Chapter. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely

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appeal, shall be final and conclusive. No application for an adult business license shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which an adult business license has been revoked within the preceding three year period.

R. Judicial Review

Notwithstanding anything to the contrary in this Chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or license under this Chapter the applicant may seek judicial review of the action in accordance with California Code of Civil Procedure section 1094.8.

S. Regulations Nonexclusive

The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult businesses as adopted by the City Council.

T. Violations; Penalties

Any firm, corporation, or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

U. Public Nuisance

In addition to the penalties set forth at Section U above of this Chapter, any adult business, which is operating in violation of this Chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

V. Conflicting Ordinances Repealed

All ordinances or parts of ordinances, or regulations in conflict with the provisions of this Chapter are hereby repealed.

A. Purpose

The purpose of this Chapter is to establish reasonable and uniform standards and procedures for personal wireless service facilities deployment, construction, installation, collocation, modification, operation, relocation, and removal on all areas within the city’s territorial boundaries, consistent with and to the extent permitted under Federal and State law. The standards and procedures contained in this Chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the city’s local values, which include, without limitation, the aesthetic character of the city, its various neighborhoods and community.

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This Chapter is not intended to, nor shall it be interpreted or applied to:

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• a. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;

• b. Prohibit or effectively prohibit any personal wireless service provider’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;

• c. Unreasonably discriminate among providers of functionally equivalent services;

• d. Deny any request for authorization to place, construct or modify personal wireless service facilities based on environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication commission’s regulations concerning such emissions;

• e. Prohibit any collocation or modification that the city may not deny under Federal or State law; or

• f. Otherwise authorize the city to preempt any applicable Federal or State law or regulation.

B. Definitions

The abbreviations, phrases, terms and words shall have the meanings assigned to them in this Section or, as may be appropriate, in Chapter 8 (Terms and Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this Section shall have the meanings assigned to them in 47 U.S.C. Section 702, as may be amended from time to time, and, if not defined therein, shall have their ordinary meanings. If any definition assigned to any phrase, term or word in this Section conflicts with any Federal- or State-mandated definition, the Federal- or State-mandated definition shall control.

• “Approval Authority” means the Planning Director or designee, Planning commission, or City Council on appeal.

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“Base Station” has the same definition as provided by the FCC in 47 C.F.R. Section

1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables [FCC]-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in [47 C.F.R. Section 1.40001(b)(9)] or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section, supports or houses equipment described in subsections (1) and (2), codified as 47 C.F.R. Section 1.40001(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this Section, does not support or house equipment described in subsections (1) and (2), codified as 47 C.F.R. Section 1.40001(b)(1)(i) and (ii).

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

“CPCN” means a “Certificate of Public Convenience and Necessity” granted by the CPUC or its duly appointed successor agency pursuant to California Public Utilities Code Section 1001 et seq., as may be amended.

“CPUC” means the California Public Utilities commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency or agencies.

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

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

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

“FAA” means the Federal Aviation Administration or its duly appointed successor agency.

“FCC” means the Federal Communications commission or its duly appointed successor agency.

“Least Intrusive” means that design or location of Telecom Facilities which is technically feasible and most closely conforms to local values, including aesthetics, as expressed through the municipal code and applicable design standards. The least intrusive standard balances the national and state interests in personal wireless services with the local interest in orderly, planned development. A least intrusive design may, but is not necessarily required to, include architectural integration, camouflage, pseudo-natural integration or may be a stealth facility.

“OTARD” means an over-the-air reception device subject to 47 C.F.R. Section 1.4000 et seq., as may be amended, and which includes, without limitation, satellite television dishes not greater than one meter in diameter.

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

“Personal Wireless Service Facilities” means the same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

“Public Right-of-Way” means any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated, or controlled by the city.

“RF” means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Section 6409(a)” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012), codified as 47 U.S.C. Section 1455(a), as may be amended or superseded.

“Shot Clock” means the time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended or superseded.

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Small Cell Facility . Shall have the same meaning as Small Wireless Facility in 47 C.F.R. § 1.6002(1) (or any successor provision), which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below:

• a. The facility is mounted on a structure fifty (50) feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d);

• b. Are mounted on structures no more than 10% taller than other adjacent structures; or

• c. Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than 10%, whichever is greater.

• d. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume;

• e. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

• f. The facility does not require antenna structure registration under 47 C.F.R. Part 17;

• g. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

• h. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

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

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

  • i. The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

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

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

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

  • i. The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or

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

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

The proposed collocation or modification involves the installation of any new groundmounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or

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

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

  • i. The proposed collocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the director; or

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

“Temporary Personal Wireless Service Facilities” means portable wireless communication facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent personal wireless service facilities. Temporary personal wireless service facilities include, without limitation, cells-on-wheels (“COWs”), siteson-wheels (“SOWs”), cells-on-light-trucks (“COLTs”) or other similarly portable wireless communication facilities not permanently affixed to the site or land upon which it is located.

“Tower” has the same definition as provided by the FCC in 47 C.F.R. Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

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

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

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

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C. Applicability

• Applicable Facilities. This Chapter applies to all personal wireless service facilities within the city and all applications and requests for approval to construct, install, modify, collocate, relocate or otherwise deploy personal wireless service facilities in the city, unless exempted pursuant to subsection B of this Section.

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• Exempt Facilities. Notwithstanding subsection A of this Section, the provisions in this Chapter shall not be applicable to:

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• a. Amateur radio facilities;

• b. OTARD antennas;

• c. Personal wireless service facilities installed completely indoors and not visible to the public intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system); and

• d. Personal wireless service facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission, and distribution facilities subject to CPUC General Order 131-D.

• Requests for Approval Pursuant to Section 6409(a). Any request to collocate, replace or remove transmission equipment at an existing tower or base station submitted with a written request for approval under Section 6409(a) shall be processed administratively pursuant to the standards and procedures established by the Director, pursuant to Section 11.4.9-D, and in accordance with Federal law.

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D. Permits Required

• Director Review and Approval. A DRA is subject to the Planning Director’s review and approval in accordance with Section 11-6.6 (Director Review and Approval) may be issued for new facilities or collocations or modifications to existing facilities that meet the following criteria:

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• a. The facility is a small cell located within the public right-of-way.

• b. The facility qualifies as eligible facilities request as defined in this chapter.

• Conditional Use Permit. A CUP is required for all personal wireless services facilities subject to Planning Commission review, except for those that are exempt under Section 11-4.9(C) or that are governed by Section 11-4.9(C)(3).

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In the event that the Director determines that any application submitted for an Administrative Wireless Telecommunications Facility Permit does not meet the criteria of this Code, the Director shall convert the application to a Wireless Telecommunications Facility Conditional Use Permit application and refer it to the City Council. Additional submittal materials may be required.

• Other Permits and Regulatory Approvals. In addition to any permit or other permit required under this Chapter, the applicant must obtain all other required permits and other regulatory approvals from the city, and State and Federal agencies. Any use permit or other permit granted under this Chapter shall be subject to the conditions and/or other requirements in any other required permits or other regulatory approvals.

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• Proprietary Approvals. Nothing in this Chapter shall be deemed to waive any required proprietary approvals for siting of personal wireless service facilities on privately or publicly owned property or improvements.

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E. Application Requirements

• The City shall not accept, approve, or deny any personal wireless service facility subject to this Chapter except upon a duly filed application pursuant to 11-4.9(E)(3) and any other written rules the Director may publish in any publicly stated format.

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Minimum Application Content. The materials required under this Section are minimum requirements for any application for any personal wireless service facility:

• a. Application Form. The Director shall prepare, and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Chapter, laws, and applicable court decisions.

• b. Application Fee. The City Council may approve by resolution a Municipal Fee Schedule that establishes cost-based fees for permits, appeals, amendments, information materials, penalties, copying, and other such items. These fees may be amended by the City Council.

Procedures for a Duly Filed Application. The City shall accept applications filed in accordance with the provisions in this Section.

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

• b. Appointment Scheduling Procedures. A pre-scheduled appointment may be scheduled by contacting the City Planning Division. No application shall be tendered to or accepted by the City during any of the following periods: (i) any time the City Hall is closed to the public; (ii) any legal holiday observed by the City;

Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within ninety (90) calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director's discretion, grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request prior to the ninetieth (90th) day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

Application Requirements. All applicants for a wireless telecommunications facility shall submit all the content, information, materials and fees required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application forms, checklists, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this Section. The City Council further authorizes the Director to establish other reasonable rules and regulations, which may include regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such permit application forms, checklists, informational handouts, rules and

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regulations must be in written form and made available on the City's website and/or in-person at the Planning Department to provide applicants with prior notice.

F. Additional Requirements

• Technical Consultants . At its discretion, the City may engage outside technical consultants to evaluate and/or verify the information used to support the applicant's showing(s) in its application or with testimony in City proceedings, and where applicable pursuant to this section. The reasonable cost for the consultants shall be borne by the applicant. An advance deposit for the estimated cost of the fees for the outside consultants shall be promptly paid to the City by the applicant upon request by the City. Failure to pay such deposit shall render any pending application incomplete until paid. After the consultant’s work has been completed, if the amount of the deposit was insufficient to cover the cost of the consultants' fees the applicant shall immediately reimburse the City for any shortfall. If the cost of the work is less than the estimate the amount over shall promptly be repaid to the applicant at the conclusion of the application proceedings.

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Review Procedures . The City Council by resolution may adopt further procedures for review of wireless facilities.

G. Decision

• General Notice Required for the Application. Public notice as provided in Section 11-7.9 will be required for any use permit. The approval authority shall not act on any application for a personal wireless service facility unless the public notice required by law has occurred.

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Deemed-Approval Notice Procedures. Not more than 30 days before the applicable FCC timeframe for review expires, and in addition to the public notice required in subsection (A)(1), above, an applicant for a minor use permit must provide a posted notice at the project site that states the project shall be automatically deemed approved pursuant to California Government Code Section 65964.1 unless the city approves or denies the application or the applicant tolls the timeframe for review within the next 30 days. The posted notice must be compliant with the provisions in this Chapter. The public notice required under this subsection (A)(2) shall be deemed given when the applicant delivers written notice to the Planning Director that shows the appropriate notice has been posted at the project site.

Decision Notices. In accordance with Chapter 11-6 within 2 working days after the approval authority approves, conditionally approves or denies an application for a personal wireless service facility or before the FCC timeframe for review expires (whichever occurs first), the approval authority shall send a written determination to the applicant and all other parties entitled to receive notice. For any denial notice, the approval authority shall include the reasons for the denial either in the notice or as a separate written document.

Required Findings for Approval. The approval authority shall only approve or conditionally approve a duly filed application for a minor use permit if the approval authority determines that the project, as submitted or modified, conforms to all the following criteria. The inability to make one or more of the findings is grounds for denial of an application. The proposed use is consistent with the General Plan and any applicable specific plan;

• a. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood or other built and natural environment;

• b. The proposed personal wireless service facility complies with all applicable development standards described in Chapter 11-4.9.7;

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• c. The applicant has demonstrated that its proposed facility shall be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions;

• d. The applicant has demonstrated a good-faith effort to identify and evaluate more-preferred locations and potentially less-intrusive designs; and

• e. The applicant has provided the approval authority with a meaningful comparative analysis that shows all less-intrusive alternative locations and designs identified in the administrative record are either technically infeasible or not potentially available.

Conditional Approvals. The approval authority may impose any reasonable conditions on any entitlement granted, related and proportionate to the subject matter in the application, as the approval authority deems necessary or appropriate to promote and ensure conformance with the General Plan, any applicable specific plan and all applicable provisions in the Selma Municipal Code.

Limited Exception for Personal Wireless Service Facilities. The Planning Director shall not grant any limited exceptions to the requirements of this Chapter unless all of the following findings can be made:

• a. The proposed facility qualifies as a “personal wireless service facility” as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded;

• b. The applicant has provided the Planning Director with a reasonable and clearly defined technical service objective to be achieved by the proposed facility;

• c. The applicant has provided the Planning Director with a written statement that contains a detailed and fact-specific explanation as to why the proposed facility cannot be deployed in compliance with the applicable provisions in this Chapter, the Municipal Code, the General Plan and/or any specific plan;

• d. The applicant has provided the Planning Director with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the city, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed facility; and

• e. The applicant has demonstrated that the proposed location and design is the least noncompliant configuration that shall reasonably achieve the applicant’s reasonable and clearly defined technical service objective to be achieved by the proposed facility, which includes, without limitation, a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area.

Appeals . Any person or entity may appeal a decision by the Planning Director in accordance with the standards and procedures set forth in Section 11-7.8. Environmental effects from RF emissions that comply with all applicable FCC regulations shall not be grounds for an appeal.

H. Site Location Requirements for Facilities Outside the Public Right-of-Way

• The City desires to promote cleanly organized and streamlined facilities using the smallest and least intrusive means available to provide wireless services to the community. All wireless telecommunications facilities located outside the public rights-of-way must comply with all applicable provisions in this section. In the event that any other law, regulation or code requires

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any more restrictive design and/or construction requirements, the most restrictive requirement will control.

• a. Prohibited Locations. No personal wireless service facilities shall be located in any residential zone.

• b. Exception to Prohibited Locations. Personal wireless service facilities may be located in residential zones only on parcels without any residential uses.

• c. Preferred Locations. All applicants must, to the extent feasible, propose new wireless telecommunications facilities in locations according to the following preferences, ordered from most preferred to least preferred:

  • i. Commercial zones;

Manufacturing zones;

Open Space zones

No new facility may be placed in a less appropriate area unless the applicant demonstrates that no more appropriate location can feasibly serve the area the facility is intended to serve, provided that the City may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

Preferred Support Structures . In addition to the preferred locations described in Section 114.9(H)(1)(c), the City also expresses its preference for installations on certain support structures. The approval authority will take into account whether a more preferred support structure is technically feasible and potentially available. The City's preferred support structures are as follows, ordered from most preferred to least preferred:

• a. Collocation on an existing non-tower structure;

• b. Collocation on an existing tower;

• c. New installations on existing buildings, utility structures, and other non-tower structures;

• d. New freestanding towers.

I. Site Location Requirements for Facilities Within the Public Right-of-Way

• Preferred Facility Location . All applicants must, to the extent feasible, propose new wireless telecommunications facilities in locations according to the following preferences, ordered from most preferred to least preferred:

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• a. Within or abutting a commercial zone not requiring any modifications to the existing location of any infrastructure or landscaping;

• b. Within or abutting a commercial zone requiring only minor alterations to the existing infrastructure or landscaping (including planter size);

• c. Within or abutting an open space zone;

• d. Abutting sensitive uses, such as historical sites, schools, daycare facilities, playgrounds, etc.

• e. Within or abutting residential zones.

• f. No new facility may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate location can feasibly serve the area the facility is intended to serve, provided that the City may authorize a facility to be established in a

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less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

Preferred Antenna Location . All applicants must, to the extent feasible, propose antennas in locations according to the following preferences, ordered from most preferred to least preferred:

• a. On an existing utility pole;

• b. On an existing street light;

• c. No new antennas may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate location can feasibly serve the area the antennas are intended to serve, provided that the City may authorize antennas to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

Preferred Equipment Location. All applicants must, to the extent feasible, propose equipment in locations according to the following preferences, ordered from most preferred to least preferred:

• a. Within a below-grade equipment vault, vault must be flush with grade;

• b. Mounted on the subject vertical infrastructure;

• c. In an existing ground-mounted (grade-level) equipment cabinet or enclosure, with no expansion or additional cabinets to be added;

• d. Within a new equipment cabinet or enclosure mounted at grade. An exception shall be required to place a new equipment cabinet or enclosure mounted at grade.

• e. No new equipment may be placed in a less appropriate location unless the applicant demonstrates that no more appropriate equipment location can feasibly serve the facility, provided that the City may authorize equipment to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

Exception Required . Wireless telecommunications facilities are strongly disfavored in certain areas. Therefore, the following locations are permitted only when an exception has been granted pursuant to Section 11-4-9.6

• a. Within center medians;

• b. Mounted on traffic signals;

• c. Mounted on new vertical infrastructure that is not replacing existing vertical infrastructure;

• d. New equipment cabinet or enclosure mounted at grade.

No Interference with Public Rights-of-Way. In no case shall any part of a wireless telecommunications facility alter vehicular circulation or parking within the public rights-of-way, nor shall it impede vehicular and/or pedestrian access or visibility along any public right-of-way. No permittee shall locate or maintain wireless telecommunications facilities to unreasonably interfere with the use of city property or the public rights-of-way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights-of-way. Unreasonable interference includes disruption to vehicular, bicycle, or pedestrian traffic on city property or the public rights-of-way, interference with public utilities, and any such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result in less disruption. All such facilities shall be moved by the

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permittee, at the permittee's cost, temporarily or permanently, as determined by the City Engineer or the Planning Director.

J. Standards of Review

• Generally Applicable Standards. All new personal wireless service facilities and all collocations or modifications to existing personal wireless service facilities not subject to Section 6409(a) must conform to the generally applicable development standards in this subsection to mitigate impacts on adjacent properties.

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• a. Location. The proposed facility shall comply with all applicable development standards of the base district in which it is located.

• b. Concealment. Personal wireless service facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and/or compatible with the uses germane to the underlying zoning district and existing in the immediate vicinity.

• c. Overall Height. Ground-mounted towers may not exceed the applicable height limit for structures in the applicable zoning district. Rooftop personal wireless service facilities may not extend beyond 15 feet above the roofline.

• d. Setbacks. Personal wireless service facilities may not encroach into any applicable setback for structures in the subject zoning district.

• e. Landscaping. Personal wireless service facilities must include landscape features when proposed in a landscaped area. The approval authority may require additional landscape features to screen the facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this Chapter. The permittee shall be responsible for maintenance of and replacement of all landscaping.

• f. Backup Power Sources. After obtaining all necessary permits, the permittee may operate backup power generators only during: (1) commercial power outages, or (2) for maintenance purposes during normal construction hours. . The city strongly favors non- and low-polluting backup power sources such as fuel cells and natural gas generators, and strongly disfavors backup power sources that pollute such as diesel and gasoline generators. The approval authority shall not approve any diesel or gasoline generators or other similarly noisy or noxious generators in or within 1,000 feet from any residence or park; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.

• g. Lighting. Exterior facility lighting and fencing shall not be permitted unless required by federal regulations or by the Director for safety purposes.

• h. Signage; Advertisements. All personal wireless service facilities must include signage that continuously and accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number, as well as a local or toll-free number to the owner/operator’s network operations center. Personal wireless service facilities must not bear any other signage or advertisements unless expressly approved by the city, required by law or recommended by the FCC, CPUC, or other United States or State governmental agencies.

ipment owner/operator, the owner/operator’s site name or identification number, as well as a local or toll-free number to the owner/operator’s network operations center. Personal wireless service facilities must not bear any other signage or advertisements unless expressly approved by the city, required by law or recommended by the FCC, CPUC, or other United States or State governmental agencies.

• i. Future Collocations . All personal wireless facilities shall demonstrate good faith effort to colocate on existing facilities or sites and in non-residential zones. Requests for co-location on existing monopoles or other wireless service facilities that do not increase the height, bulk

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or otherwise adversely detract from the existing facility, shall be approved if aesthetically acceptable and structurally and technologically feasible.

• j. Utilities. All wires or cables necessary for operation shall be placed underground, except if attached flush to the building surface where not highly visible from surrounding uses.

• k. Compliance with Laws . All personal wireless service facilities must be designed and sited in compliance with all applicable Federal, State and local laws, regulations, rules, restrictions and conditions, which includes, without limitation, the California Building Standards Code, General Plan and any specific plan, the Selma Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

K. Standard Conditions of Approval

In addition to all other conditions adopted by the approval authority, all use permits, whether approved by the approval authority or deemed approved by the operation of law, shall be automatically subject to the conditions set forth below:

• Approved Plans . Before the permittee submits any applications to the Building and Safety Division, the permittee must incorporate the permit, all conditions associated with the permit and the approved photo simulations into the project plans (the “Approved Plans”). The permittee must construct, install and operate the facility in strict compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the facility, must be submitted in a written request subject to the Planning Director’s prior review and approval, who may refer the request to the original approval authority if the Planning Director finds that the requested alteration, modification or other change implicates a significant or substantial land-use concern.

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Build-Out Period. In accordance with Section 11-6-11 Permit Implementation, Time Limits and Extensions, the permit shall automatically expire two years from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved facility, which includes, without limitation, any permits or approvals required by the any Federal, State or local public agencies with jurisdiction over the subject property, the facility or its use. The Planning Director may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension received by the City prior to the automatic expiration date in this condition.

Maintenance Obligations; Vandalism. The permittee shall at all times keep the site, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the Approved Plans and all conditions in the permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware through its own staff including contractors that such graffiti or other vandalism occurred.

Compliance with Laws. The permittee shall maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the facility or any use or activities in connection with the use authorized in the permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific

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requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws.

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

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

Indemnification. The applicant, permittee, operator of a facility, and property owner (when applicable) agrees to defend, indemnify and hold harmless the City of Villa Park, its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City or any of its councils, commissions, committees or boards arising from or in any way related to the wireless telecommunications facility, or any actions or operations conducted pursuant thereto. Should the City, its agents, officers or employees receive notice of any such claim, action or proceeding, the City shall promptly notify the applicant, permittee, operator of a facility, and property owner of such claim, action or proceeding, and shall cooperate fully in the defense thereof.

Revocation/Modification of Permit . The original approval authority may revoke or modify the permit at any time based upon noncompliance with the Selma Municipal Code or any approval conditions. In accordance with Section 11-7.13, the approval authority may revoke the permit or amend these conditions as the approval authority deems necessary or appropriate to correct any such noncompliance.

Duty to Retain Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals (the records) issued in connection with the personal wireless service facility, which includes, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records shall be construed against the permittee.

Additional conditions for wireless telecommunications facilities within the rights-of-way:

Taxes and Assessments . To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of an applicant's use or occupation of the rights-of-way, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority.

Undergrounded Utilities . In the event that other public utilities or cable television operators in the public rights-of-way where the permittee's wireless facility is located underground their

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facilities, the permittee must underground its equipment except the antennas and antenna supports. Such undergrounding shall occur at the permittee's sole cost and expense except as reimbursed pursuant to law.

Electric Meter Removal . In the event that the commercial electric utility provider adopts or changes its rules obviating the need for a separate electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall apply to the City for permission to remove the separate electric meter and enclosure and restore the affected area to its original condition.

Existing Infrastructure Restoration

• a. Upon installation of the new work, the contractor shall restore the street and/or alley pavement as required in full and complete compliance with the approved Encroachment Permit and Wireless Telecommunications Facility Permit for use of the public right-of-way, and to the satisfaction of the City Engineer.

• b. Upon installation of the new work, the contractor shall restore all concrete walks, driveway aprons, and “collector strips” as required in full and complete compliance to the satisfaction of the City Engineer.

• c. Upon installation of the new work, the contractor shall restore all trees, landscaping, lawns and/or sod strips to the satisfaction of the City Engineer.

L. Temporary Personal Wireless Facilities

• Temporary Personal Wireless Service Facilities—Non-Emergencies. The Planning Director may approve or conditionally approve a temporary use permit for a temporary personal wireless service facility for a period between 4 days and 45 days, inclusive, in accordance with Chapter 11-6.8 (Temporary Use Permits) only when the Planning Director finds all the following:

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• a. The proposed temporary personal wireless service facility shall not exceed 50 feet in overall height above ground level;

• b. The proposed temporary personal wireless service facility complies with all setback requirements applicable to the proposed location;

• c. The proposed temporary personal wireless service facility shall not involve any excavation or ground disturbance;

• d. The proposed temporary personal wireless service facility shall be compliant with all generally applicable public health and safety laws and regulations, which includes, without limitation, maximum permissible exposure limits for human exposure to RF emissions established by the FCC;

• e. The proposed temporary personal wireless service facility shall not create any nuisance or violate any noise limits applicable to the proposed location;

• f. The proposed temporary personal wireless service facility shall be identified with a sign that clearly identifies the site operator and contains a working telephone number to a live person who can exert power-down control over the antennas;

• g. The proposed wireless temporary personal wireless service facility shall be removed within 5 days after the expiration of the temporary use permit;

• h. The applicant has not received any other temporary use permit for substantially the same location within the previous 90 calendar days; and

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• i. The applicant has not sought approval for any permanent personal wireless service facility in substantially the same location within the previous 365 days.

Temporary Personal Wireless Service Facilities—Emergencies

• a. Temporary personal wireless service facilities may be placed and operated within the City for more than 3 days without a temporary use permit only when a duly-authorized Federal, State, county or City official declares an emergency within the City, or a region that includes the City in whole or in part at the location of the temporary personal wireless service facility.

• b. By placing the temporary personal wireless service facility pursuant to this subsection (b), the entity or person placing the temporary personal wireless service facility agrees to and shall defend, indemnify and hold harmless the City, its agents, officers, officials, employees and volunteers from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“Claims”) brought against the City or its agents, officers, officials, employees or volunteers for any and all Claims of any nature related to the installation, use, non-use, occupancy, removal, and disposal of the temporary personal wireless service facility; provided, however, the permittee and, if applicable, the property owner upon which the facility is installed, shall not defend, indemnify, or hold harmless the City, agents, officers, officials, employees and volunteers due to the negligence, gross negligence, or willful misconduct of the City, agents, officers, officials, employees, and volunteers.

The temporary personal wireless service facility shall prominently display upon it a legible notice identifying the entity responsible for the placement and operation of the temporary personal wireless service facility.

Any temporary personal wireless service facilities placed pursuant to this subsection (b) must be removed within: (a) 5 days after the date the emergency is lifted; or (b) upon 3 days’ written notice from the Community Development Director or City Manager; or (c) within one hour if required for public safety reasons by City police or fire officials (whichever occurs first). In the event that the temporary facility is not removed as required in this subsection B, the City may at its sole election remove and store or remove and dispose of the temporary facility at the sole cost and risk of the person or entity placing the temporary facility.

The Community Development Director’s decision pursuant to subsection A, above, shall be final and not subject to further administrative appeal.

A. Purpose and Intent

• Purpose. The provisions of this Section provide incentives for the production of housing in compliance with Government Code Sections 65915 through 65918 for very low-, low-, and moderate-income households and senior households.

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• Intent. It is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City’s Housing Element.

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• Conflicts. Where regulations are not specifically addressed in this Section or where there are conflicts between these provisions and the provisions of Government Code Sections 65915

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through 65918, the provisions of the Government Code, as they may be amended over time, shall apply.

B. Definitions

• Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.

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Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.

“Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.

Common interest development” means common interest development as defined in Civil Code Section 4100.

“Concession or incentive” means any of the following:

• a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

• b. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

• c. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

“Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

“Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution or regulation.

“Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the

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substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

“Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.

Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).

Maximum allowable residential density” means the density allowed under the Zoning Ordinance, Title XI of this Municipal Code (the “Zoning Ordinance”) and the City of Selma General Plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning district, as set forth in Title XI of the Zoning Ordinance, and the and the City of Selma General Plan applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the General Plan, the density provisions of the General Plan shall prevail.

Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.

Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

Very low income households” means very low income households as defined in Health and Safety Code Section 50105

C. Requirements

To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this Section, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Code, except as provide by Subsection 11-4.10.E (Allowed Incentives or Concessions), Subsection 11-4.10.I (Parking Requirements in Density Bonus Projects), and Subsection 11-4.10.J (Housing with Childcare Facilities).

ves or concessions as provided by this Section, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Code, except as provide by Subsection 11-4.10.E (Allowed Incentives or Concessions), Subsection 11-4.10.I (Parking Requirements in Density Bonus Projects), and Subsection 11-4.10.J (Housing with Childcare Facilities).

• Project Eligible for Density Bonuses. Excluding any units permitted by the density bonus, the City shall grant one density bonus, the amount of which shall be specified in Subsection 11-4.10.C (Density Bonus Amount), when an applicant for a housing development, includes within that development at least any one of the following:

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• a. At least five percent of the total dwelling units are for very low-income households;

• b. At least 10 percent of the total dwelling units are for low-income households;

• c. At least 10 percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate-income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase subject to the equity share and restrictions specified in Government Code 65915(g);

• d. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5;

• e. At least 20 percent of the dwelling units in a student housing development for lower income students that meets the requirements of Government Code Section 65915(b)(1)(F);

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• f. One hundred percent of all the dwelling units in the housing development, including total units and density bonus units, but exclusive of a manager’s unit(s), are for lower-income households, as defined in Health and Safety Code Section 50079.5, except that 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income house; or

• g. At least 10 percent of the dwelling units in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

Density Bonus Selection. For purposes of calculating the amount of the density bonus in compliance with Subsection 11-4.10.E (Allowed Incentives or Concessions) below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on Paragraph 1, above.

Bonus Units not to Qualify. A density bonus granted in compliance with Subsection 11-4.10.C (Density Bonus Amount), below, shall not be included when determining the number of dwelling units that are required by Paragraph 1, above.

Minimum Project Size. The density bonus provided by this Section shall be available only to a housing development of five or more dwelling units, including mixed-use developments.

Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5.

Commercial Development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the Community Development Director shall grant to the commercial developer a development bonus, in compliance with the following:

• a. Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City. Affordable housing may be contributed by the commercial developer in one of the following manners:

  • i. The commercial developer may directly build the dwelling units;

The commercial developer may donate a portion of the parcel or property elsewhere to the affordable housing developer for use as a site for affordable housing; or

The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.

• b. Affordability Requirements. To qualify for a development bonus under this Subparagraph, a commercial developer shall partner with a housing developer that provides at least 30 percent of the dwelling units for low-income households or at least 15 percent of the dwelling units for very low-income households.

• c. Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that complies with the following:

  • i. Within the unincorporated City limits;

Close to public facilities and services, including schools and employment centers; and

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Within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b).

• d. Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:

  • i. Up to a 20 percent increase in maximum allowable intensity in the General Plan; Up to a 20 percent increase in maximum allowable floor area ratio;

    • Up to a 20 percent increase in maximum height requirements;

    • Up to a 20 percent reduction in minimum parking requirements;

    • Use of a limited-use/limited-application elevator for upper floor accessibility; and/or An exception to the standards established in this Code or other land use regulation.

• e. Affordable Housing Fee. A development bonus pursuant to this Section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.

• f. Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of the affordable units in accordance with timelines established by the agreement described in Subparagraph a, above, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

D. Density Bonus Amount

• Density Bonus. A housing development the complies with the eligibility requirements established in this Section shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

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• a. Very Low-Income Density Bonus. A housing development which provides very low-income units shall be entitled to a density bonus calculated as follows:

Table 4-1 Bonus for Very Low-Income Household Units

• Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).

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• b. Low-Income Density Bonus. A housing development which provides low-income units shall be entitled to a density bonus calculated as follows:

Table 4-2 Bonus for Low-Income Household Units

• Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).

• c. Moderate-Income Density Bonus. A common interest housing development which provides moderate-income units shall be entitled to a density bonus calculated as follows:

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Table 4-3 Bonus for Moderate-Income Household Units

• Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).

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• d. Land Donation Density Bonus. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with Section, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this Subparagraph shall be construed to affect the authority of the City to require a developer to donate land as a condition of development approval. See Subsection 11-4.10.G (Donations of Land) for addition land donation requirements.

Table 4-4 Bonus for Land Donation

• e. Senior Housing Density Bonus. A housing development that is eligible for a bonus shall be entitled to a density bonus of 20 percent of the number of senior housing units. No affordable units are required to qualify for this bonus.

• f. Student Housing Density Bonus. A housing development that is eligible for a bonus shall be entitled to a density bonus of 35 percent of the student housing units. The term “unit”, as used in this Subparagraph, means one rental bed and its pro rata share of associated common area facilities.

• g. Transitional Foster Youth, Disabled Veteran, or Homeless Persons Housing Density Bonus. A housing development that is eligible for a bonus be entitled to a density bonus of 20 percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons.

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• h. Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Subsection or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this Subsection.

Density Bonus Calculations. For the purpose of density bonus calculations:

• a. Fractional units shall be rounded up to the next whole number, in compliance in State law.

• b. The residential units do not have to be based upon individual subdivision maps or parcels.

• c. The residential units shall be on contiguous parcels that are the subject of one development application.

• d. The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower-income household are located.

• e. Affordable housing projects shall choose a density bonus from only one affordability category (e.g., very low-income, etc.) and may not combine categories.

• f. A density bonus for a senior housing project may not be combined with a density bonus for an affordable housing project.

• g. A density bonus for the donation of land may be combined with density bonuses for affordable and senior housing. However, in no case may a total density bonus exceed 35 percent.

Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zone Map amendment, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

Location of Bonus Units. The developer may locate density bonus units in the housing project in areas other than where the units for the low-income households are located.

E. Continued Affordability

The applicant shall agree to, and the City shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c).

• Duration of Affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows.

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• a. Very Low- and Low-income Dwelling Units. The continued affordability of all very low- and low-income-qualifying dwelling units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.

• b. Moderate-Income Dwelling Units in Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance.

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• c. Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Dwelling units for transitional foster youth, disabled veterans, or homeless persons shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.

• d. Lower-Income Students in a Student Housing Development. The continued affordability of dwelling units for lower-income students in a student housing development shall be subject to a recorded affordability restriction of 55 years.

Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Paragraph:

• a. Lower-Income Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and

• b. Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

Occupancy and Resale of Moderate Income for Sale Dwelling Units. An applicant shall agree to, and the City shall ensure that, the initial occupant of all for-sale dwelling units that qualified the applicant for the award of the density bonus are persons and families of very low-, low-, or moderate-income, as required, and that the dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5. The City shall enforce an equity sharing agreement unless it conflicts with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement:

• a. Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

• b. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership.

  • i. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and

The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

F. Allowed Incentives and Concessions

Applicant Request and City Approval.

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• a. An applicant for a density bonus in compliance with this Section and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in this Subsection and may request a meeting with the Community Development Director.

• b. The applicant may file a request for incentives or concessions either before filing an application for City approval of a proposed project or concurrently with an application for project approval.

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Consideration of Requested Incentive or Concession. The City shall grant the incentive or concession requested by the applicant unless the City Council makes a written finding, based on substantial evidence, of any the following:

• a. The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

• b. The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

• c. The incentive or concession would be contrary to State or Federal law.

Number of Incentives or Concessions. The applicant shall receive the following number of incentives or concessions based on the percentage of affordable units in the proposed project:

Table 4-5 Number of Incentives and Concessions

• Maximum 20 percent moderate dwelling units.

Types of Incentives. For the purpose of this Subsection, concession or incentive means any of the following:

• a. A reduction in the site development standards of this Zoning Code (i.e., site coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in this Section. See Subsection 11-4.10.I (Parking Requirements in Density Bonus Projects) and Subsection 11-4.10.H (Waivers or Reduction of Development Standards);

• b. Approval of mixed-use land uses not otherwise allowed by this Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

• c. Other regulatory incentives proposed by the applicant or the City that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in

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Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in this Section; and/or

• d. In its sole and absolute discretion, a direct financial contribution granted by the City Council, including writing-down land cots, subsidizing the cost of construction, or participating in the cost of infrastructure.

Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted to require a General Plan amendment, zoning amendment, study, or discretionary approval.

G. Standards for Affordable Units

All affordable units awarded and constructed in compliance with the provisions established in the Section shall meet the following requirements:

• Concurrency. Affordable units shall be built concurrently with market rate units unless the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

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Location. Affordable units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development.

Unit Size. The average number of bedrooms of the affordable units shall be equivalent or greater to the bedroom mix of the housing development's other units.

Design. The design and appearance of the affordable units shall be compatible with the design of the housing development as a whole.

Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as permitted by this Section.

Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development to be produced and operated at an alternative development site. If the developer and the City agree to allow the production and operation of affordable units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this Section.

H. Donations of Land

An applicant shall be eligible for the increased density bonus for land donation provided by this Section if all the following conditions established in this Subsection are met.

• Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units in the proposed development;

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Minimum Size. The transferred land shall have an area sufficient to permit development of at least 40 units;

Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate General Plan land use designation, zoning, and development standards to make the

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development of affordable units feasible, and it shall have existing or planned public facilities, and infrastructure that are adequate to support the development;

Entitlements. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land;

Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, in compliance with Subsection 114.10.D (Continued Affordability). The restriction shall be recorded on the property at the time of dedication;

Recipient. The land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer;

Location. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter-mile of the boundary of the proposed development; and

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

I. Waivers or Reduction of Development Standards

• Eligibility. An applicant who applies for a density bonus may also request a waiver or reduction of any development standard that would physically prevent the construction of the development project.

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Development Standards Defined.

• a. Development standards include any adopted City standard or regulation related to the physical location or type of construction, including but not limited to, structure height, setbacks, parking, floor area ratio, and the placement of public works improvements.

• b. As defined in this Subsection, development standards do not include land use regulations, permitting procedures, inclusionary housing requirements, or development impact fees.

Number of Waivers or Reductions.

• a. There shall be no limit to the number of waivers or reductions available to an applicant.

• b. The approval of waivers or reductions shall neither reduce nor increase the number of incentives available to a project established in Subsection 11-4.10(F) (Allowed Incentives and Concessions).

Justification of Approval. The City shall approve the requested waiver or reduction if the applicant can demonstrate that it is physically impossible to construct the project without the waiver or reduction.

Provisions of Waivers or Reductions. The City shall approve the requested waiver or reduction, unless the City makes a written finding, based upon substantial evidence, of either of the following:

• a. The waiver or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact

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without rendering the development unaffordable to low-income and moderate-income households.

• b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources.

• c. A housing development that receives a waiver from any maximum controls on density pursuant to Section 11-4.10(C) shall not be eligible for, and shall not receive, a waiver or reduction of development standards pursuant to this subdivision, other than as expressly granted under Section 11-4.10(C).

• d. The waiver or reduction is contrary to State or Federal law.

J. Parking Requirements in Density Bonus Projects

• Applicability. This Section applies to a development that meets the requirements of Subsection 11-4.10(E) (Requirements), and Subsection 11-4.10(D) (Continued Affordability), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this Section in compliance with Subsection 11-4.10(F) (Allowed Incentives and Concessions), above, through either a modification, variance, or other modification process approved by the Community Development Director. A request in compliance with this Subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled as established in Subsection 11-4.10(F) (Allowed Incentives and Concessions).

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Maximum Parking Requirements. Upon the request of the developer, the City shall not require more than the following parking ratios for a density bonus project, inclusive of parking for persons with disabilities and guest parking set forth in Government Code Section 65915(p):

Table 4-6 Maximum Parking Requirements

Special Parking Requirements. At the request of the applicant, the City shall allow reduced parking ratios (inclusive of parking for persons with disabilities and guest parking) for the following projects types:

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Table 4-7 Maximum Parking Requirements

(1) Access to major transit stops shall be unobstructed and without natural or constructed impediments. In compliance with Government Code Section 65915, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

(2) Bus routes shall be fixed and operate at least eight times per day.

(3) 62 years of age or older in compliance in Civil Code Sections 51.2 and 51.3.

Parking Study. If the City, or an independent consultant, has conducted an area-wide or citywide parking study in the last seven years, then the City may impose a higher vehicular parking ratio based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this Paragraph, supporting the need for the higher parking ratio.

Location of Parking. For purposes of this Subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

Parking Space Calculation. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

K. Housing with Childcare Facilities

• Housing Developments Childcare Facilities. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Subsection 114.10.E (Requirements) of this Section and includes as part of that development a childcare facility that will be located on the site of, as part of, or adjacent to the housing development, the City shall grant either an additional density bonus or an additional incentive or concession in accordance with Government Code Section 65915(h).

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• a. Bonuses and Incentives. The City shall grant a housing development that includes a childcare facility in compliance with this Subsection one of the following:

  • i. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or

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

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• b. Determination of Adequate Childcare Facilities. The City shall not be required to provide a density bonus or concession for a childcare facility in compliance with this Subsection if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

Commercial Developments Child Care Facilities. An applicant for a commercial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a childcare facility, in compliance with Government Code Section 65917.5.

• c. Bonuses and Incentives. The City shall grant a commercial development that includes a childcare facility in compliance with this Subsection one of the following:

  • i. A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or

    • A maximum of 10 square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility.

• d. Qualifications Requirements.

  • i. For purposes of calculating the allowable density bonus under this Subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable State childcare licensing requirements shall be considered.

The childcare facility shall be of a sufficient size to comply with all applicable State licensing requirements to accommodate at least 40 children.

This facility may be located either on the project site or may be located off-site as agreed upon by the applicant and the City.

If the childcare facility is not located on the site of the development project, the City shall determine whether the location of the facility is appropriate and whether it complies with the purpose and intent of this Section.

The granting of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5.

L. Application and Review

• Application. An application for a density bonus or donation of land for housing shall be filed with any related entitlement applications and processed in compliance with this Section. If desired, a request for specific incentives or concessions, listed in Subsection 11-4.10.E (Allowed Incentives and Concessions), may be filed in compliance with Government Code Section 65915.

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Target income of affordable housing units and proposals for ensuring affordability.

For any requested waiver of a development standard, the applicant shall provide evidence that the development standard for which the waiver is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested.

If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of

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the requirements and each of the findings included in Government Code Section 65915(g) can be made.

If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.

Determination. Within 30 days of filing the application, the Community Development Director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:

• a. The amount of the density bonus for which the project is eligible;

• b. The parking ratio for which the project is eligible, if requested; and

• c. Whether the applicant has provided enough information for the City to make a determination as to the requested incentives or concessions, if incentives or concessions are requested.

M. Density Bonus Housing Agreement.

• Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the “agreement”) with the City in the City's standard form of agreement.

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Agreement Provisions.

• a. Project Information. The agreement shall include at least the following information about the project:

  • i. The total number of dwelling units approved for the housing development, including the number of designated dwelling units;

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

The marketing plan for the affordable dwelling units;

The location, size (square feet), and number of bedrooms of the designated dwelling units;

Tenure of the use restrictions for designated dwelling units of the time periods required by Subsection 11-4.10.D (Continued Affordability);

A schedule for completion and occupancy of the designated dwelling units;

A description of the additional incentives and concessions being provided by the City;

A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and

Other provisions to ensure successful implementation and compliance with this Section.

• b. Minimum Requirements. The agreement shall provide, at minimum, that:

  • i. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all the designated dwelling units at the appraised value;

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The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City;

When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by HUD;

The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;

In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all the City's costs of action including legal services; and

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

Conditions by Project Type.

• a. For-Sale Housing. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:

  • i. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:

  - (A). Restricts the sale of the unit in compliance with this Section, or other applicable City policy or ordinance, during the applicable use restriction period; 

  - (B). Contains provisions as the City may require ensuring continued compliance with this Section and State law; and 

  - (C). Shall be recorded against the parcel containing the designated dwelling unit. 

• b. Rental Housing. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:

  • i. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Section;

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

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The applicable use restriction period shall comply with the time limits for continued availability in Subsection 11-4.10.D (Continued Affordability).

• c. Moderate-Income Housing. In the case of affordable units for moderate-income households, the density bonus housing agreement shall provide for the following requirements:

  • i. The initial sale of each affordable unit shall be to a household that meets the income requirement for the affordable unit.

When the initial purchaser sells the unit, the initial purchaser shall retain the value of any improvements, the down payment and the value of the unit's appreciation, less the City's share of the appreciation.

When the initial purchaser sells the unit, the City shall receive a share of the unit's appreciation equal to the percentage by which the initial sale price to the moderateincome household was less than the fair market value of the home at the time of initial sale. The City shall use this share of appreciation for any of the purposes established in Health and Safety Code Section 33334.2(e).

• d. Childcare Facility. In the case of childcare facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:

  • i. Operating duration requirements for the childcare facility, such that the childcare facility shall remain in operation for as long as or longer than the period of time during which the density bonus units are required to remain affordable.

Provisions requiring that for children who attend the childcare facility, the percentage of children from the income group associated with the development's affordable units shall be equal to or greater than the minimum percentage of affordable units that shall be provided for that income group to receive a density to the requirements of this Subsection.

Agreement Execution.

• a. Following the approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units.

• b. The approval of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed before the issuance of building permits for the project. Recordation of the agreement shall take place as soon as possible after the approval of any required final map or, where a map is not being processed before the issuance of any building permit for the project.

• c. The agreement shall be binding on all future owners, developers, and/or successors-ininterest.

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A. Purpose

• The purpose of this chapter is to protect the health, safety, and welfare of the residents of the city as allowed by and in accordance with state law and regulations.

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B. Commercial Cannabis Activities Prohibited

• Commercial Cannabis uses and activities are prohibited in the City of Selma, and no commercial cannabis uses shall operate, locates, or otherwise be permitted or established within the City, even if located within or associated with an otherwise permitted use, and neither the City Council nor city staff shall approve any use, interpretation, permit, license certificate of occupancy, Zoning Code or General Plan amendment allowing the operation and/or establishment of commercial cannabis uses.

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C. Personal Cannabis Cultivation

• Cultivation of cannabis indoors for personal consumption shall be permitted by first obtaining a Cannabis Cultivation Permit from the Community development Director or their designee. Personal cultivation may be permitted within a fully enclosed and secure structure by persons twenty-one (21) years of age or older, which shall conform to state law and the following minimum standards. Cannabis plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity. No person shall cultivate more cannabis plants indoors than is expressly authorized by State Law.

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Outdoor cannabis cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of Selma.

Cultivation Permit. Any person seeking a permit to cultivate cannabis shall complete an application for a personal cultivation permit on a form provided by the City of Selma which shall contain, but is not limited to, the following:

• a. The physical site address of the premises where the cannabis will be cultivated.

• b. The name of each person owning, leasing, occupying, or having charge of the premises where the cannabis will be cultivated and, in the event that the person owning said parcel is not the person applying for a cultivation permit, then a signed, notarized, consent to the cultivation of cannabis at the premises on a form provided by the City of Selma.

• c. A signed consent form from the applicant(s) and/or property owner authorizing city staff, including the Selma Fire Department and the Selma Police Department, to conduct an inspection of the area used for the cultivation of cannabis upon request.

• d. Prior to the issuance of a cultivation permit pursuant to this chapter, the structure wherein the cannabis will be cultivated must be reviewed, inspected and approved by the Community Development Director or his or her designee.

• e. A personal cannabis cultivation permit shall be valid for no more than one year.

• f. A personal cannabis cultivation permit may only be renewed upon an application for renewal to the Community Development Director or his or her designee on a form provided by the City of Selma.

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• g. The City Council may establish or amend, by resolution, a fee or fees required to be paid upon the filing of an application for a permit, or renewal thereof, as provided for in this chapter, which shall not exceed the reasonable cost of administering this chapter.

• h. The Community Development Director, or his or her designee, may deny any application for a personal cannabis cultivation permit, or extension thereof, if he or she finds, in his or her discretion, based on the facts available that the issuance of such permit, or extension thereof, does not meet the requirements of this chapter and would be detrimental to the public health, safety or welfare.

Personal Cultivation- Residential Structure. The indoor personal cultivation of cannabis in a residential zone within a residential structure shall not exceed an area of fifty (50) square feet, unless a larger area is required to cultivate a greater quantity as allowed either by state law.

• a. Any person seeking to cultivate cannabis pursuant to this chapter in a residential structure shall first obtain approval of the residential structure and a cultivation permit from the Community Development Director or their designee. The Community Development Director may establish any procedures or forms necessary for the processing of the approval/cultivation permit described in this chapter.

• b. The residential structure to be used for marijuana cultivation shall conform to this code, building standards of the city of Selma including all adopted codes, and any requirements deemed necessary by the Community Development Director or his or her designee including, but not limited to, the following minimum standards:

  • i. Indoor grow lights in a residential structure shall not exceed one thousand (1,000) watts or other limit as determined by the City and shall comply with the building regulations of the City of Selma and all adopted codes including, but not limited to, the California building and electrical codes and shall be inspected and approved by the fire chief and/or building inspector.

  • ii. Indoor cultivation within a residential structure shall not take place in a kitchen, bathroom, bedroom, or common area of the residence and shall be secured by one or more lockable doors.

  • iii. Any cultivation within a residential structure shall have a ventilation system separate from the remaining area of the residential structure with a filtration system that shall prevent cannabis plant odors from exiting the interior of the cultivation area or the residential structure. Said ventilation system shall comply with the building regulations of the City of Selma and adopted codes including, but not limited to, the applicable sections of the California building code related to mechanical ventilation.

the residential structure with a filtration system that shall prevent cannabis plant odors from exiting the interior of the cultivation area or the residential structure. Said ventilation system shall comply with the building regulations of the City of Selma and adopted codes including, but not limited to, the applicable sections of the California building code related to mechanical ventilation.

• iv. The use of generators or any other internal combustion engine or use of any combustible products including, without limitation to, gasoline, diesel fuel, butane, propane, or natural gas within the residential structure shall be prohibited.

Personal Cultivation - Detached Structure. Any person seeking to cultivate cannabis pursuant to this chapter in a detached structure shall first obtain approval of the detached structure and a personal cultivation permit from the Community Development Director or their designee. The Community Development Director may establish any procedures or forms necessary for the processing of the approval/cultivation permit described in this chapter.

• a. The detached structure shall conform to this code, building standards of the City of Selma including all adopted codes, and any requirements deemed necessary by the Community

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Development Director or his or her designee including, but not limited to, the following minimum standards:

• i. The detached structure shall be attached to a slab foundation or equivalent base by bolts or similar attachments.

• ii. The walls and roofs of the detached structure must be constructed of two inch by four inch (2”x4”) or larger material. The frame of the structure must be overlaid with at least five-eighths inch (5/8”) exterior plywood or other suitable material and shall be covered with materials similar to or conforming with the materials used on surrounding structures.

• iii. The detached structure shall be accessible by one or more lockable exterior grade doors.

• iv. The total area of the detached structure shall not exceed one hundred (100) square feet unless a larger area is required to cultivate a greater quality of cannabis set forth in state law.

• v. Indoor grow lights shall not exceed a maximum wattage to be determined by the Community Development Director or their designee. Electricity to the building must be provided by suitable connection as determined by the Community Development Director. Use of portable generators, portable heaters, or combustible products including, but not limited to, gasoline, diesel fuel, propane, butane, or natural gas, unless expressly permitted by the Community Development Director or his or her designee, are strictly prohibited. The detached secure structure shall have a ventilation and filtration system installed to prevent odors from cannabis plants from exiting the interior of the building and shall comply with the building regulations of the City of Selma and all adopted codes, including, but not limited to, applicable California building code sections related to mechanical ventilation.

gnee, are strictly prohibited. The detached secure structure shall have a ventilation and filtration system installed to prevent odors from cannabis plants from exiting the interior of the building and shall comply with the building regulations of the City of Selma and all adopted codes, including, but not limited to, applicable California building code sections related to mechanical ventilation.

• vi. The secured structure shall be located within the rear yard of any premises and must be set back at least ten feet (10') from any building, pool, or property line. If any greater setback is required by any other provision of this code or any other code, the greater setback distance shall apply.

• vii. The area surrounding the secured structure must be enclosed by a solid fence at least six feet (6') in height and an adequate mechanical or electronic security system approved by the Community Development Director or their designee or the chief of police must be installed in and around the detached structure.

• viii. The detached structure shall be inspected and approved by the fire chief and/or building inspector.

Violation of permit. If any requirement relating to cultivation, or terms of any permit issued for personal cultivation in accordance with this chapter is determined by any city officer or official to have been violated, that officer or official may immediately revoke the permit and, if deemed necessary to correct or prevent any such or any further violation of either this chapter or the terms of any permit issued thereunder, such officer or official of the city may immediately confiscate or destroy any growing cannabis, harvested or processed cannabis or any cannabis products. The city officer or official shall issue a written order revoking the permit as soon as practicable upon detecting the violation of this chapter or of any permit leading to the revocation. Any confiscation or destruction of any cannabis or cannabis products shall be final and conclusive, and not subject to an appeal insofar as the confiscation or destruction of

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cannabis or cannabis products occurs in connection with the action taken by the officer or official in revoking the permit. The revocation of the permit shall, however, be subject to an appeal as provided in this chapter.

Appeal. Any applicant for or holder of a permit issued pursuant to the provisions of this chapter, which application or permit has been denied, revoked, or suspended by order of the chief of police, Community Development Director, or other officer or official of the city shall have the right to appeal such order or denial, revocation or suspension to the city council within twenty (20) days after the date on which such order is hand delivered to the applicant or permittee, or deposited in the United States mail, postage prepaid, addressed to the applicant or permittee.

f the chief of police, Community Development Director, or other officer or official of the city shall have the right to appeal such order or denial, revocation or suspension to the city council within twenty (20) days after the date on which such order is hand delivered to the applicant or permittee, or deposited in the United States mail, postage prepaid, addressed to the applicant or permittee.

• a. An appeal shall be made by filing a notice of appeal with the city clerk of the City of Selma within the twenty (20) day period set forth in this section. The filing of such appeal shall not suspend the order of denial, revocation or suspension of said permit. The city council shall hear the appeal within a reasonable time, not exceeding ninety (90) days, from and after the date of receipt of the notice of appeal by the city clerk. The city council shall conduct a public hearing, written notice of the time and place thereof being mailed to the applicant or permittee not less than ten (10) days prior to said hearing, unless timely notice be waived by the applicant or permittee. The rules of evidence shall not apply to the hearing and the applicant or permittee shall have the right to the assistance of counsel and the reasonable presentation of witnesses and evidence. The council shall make an order affirming, overruling or modifying the denial, revocation or suspension of such permit within sixty (60) days from and after the date the hearing on said appeal is concluded. The city council decision shall be limited to addressing whether a permit that has been revoked, denied or suspended shall or shall not be reinstated or issued. Any action taken by the chief of police, Community Development Director or other officer or official of the city in connection with the denial, revocation of or suspension of any permit other than the order revoking, denying or suspending the permit, shall be final, conclusive, and unreviewable. The decision of the city council shall be the final decision of the city. Any person who has a permit issued under this chapter revoked shall be precluded from holding or being issued any such permit for a period of one year from the date of the order revoking the permit or the city council's decision upholding the revocation, whichever is later.

Penalty. Any violation of any of the provisions of this chapter shall be a misdemeanor and constitutes a public nuisance and shall be enforced and/or abated in accordance with title I, chapter 4 of this code or other applicable section of this code.

• Nonexclusive. Nothing in this chapter is intended to be an exclusive penalty or remedy. Nothing in this chapter is intended to authorize the use, possession, sale, distribution or cultivation of marijuana in violation of state or federal law.

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D. Public Nuisance

• Any violation of any of the provisions of this chapter shall be a misdemeanor and constitute a public nuisance and shall be enforced and/or abated in accordance with title I, chapter 4 of this code or other applicable section of this code. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

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• Any person who violates this section shall be guilty of a misdemeanor and be punished in accordance with applicable laws.

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A. Purpose

• The purpose of this chapter is to establish regulations for the location, use, character, parking, signing and processing of applications for bed and breakfast inns and facilities within the City of Selma.

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B. Definitions

• “Bed and Breakfast Inn” means a residential building containing a specified number of guestrooms occupied by a specific number of persons, which provides living units and meals for transient guests, and which is managed and occupied by the owner of the property in residential zones or by a manager residing on the property in nonresidential zones.

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C. Permits Requirements

• Applications for bed and breakfast inns meeting the development standards below shall be subject to the approval of a site plan review permit pursuant to 11-6.5 (Site Plan Review). Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to section 11-6.7 (Conditional Use Permit). Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission to further the purposes of this section.

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D. Development Standards

1. The following development standards shall apply to bed and breakfast inns subject to a site plan review permit:

   • a. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply;

   • b. One additional off-street parking space shall be provided for each room available for lodging purposes;

   • c. One additional off-street parking space shall be provided for each room available for lodging purposes;

   • d. The owner of the facility shall reside on site;

   • e. Bed and breakfast inns shall be subject to all applicable building, fire, health and safety codes;

   • f. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights;

   • g. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences; and

   • h. Bed and breakfast facilities shall be operated by the permanent occupants of the facility. No more than one person not residing at the facility shall be employed in the operation of the facility.

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2. The following standards shall apply to bed and breakfast inns subject to a conditional use permit:

   • a. All of the standards set forth in 11-4.12(C)(1) with the exception of (1)(c) and (1)(g).

• b. A bed and breakfast inn shall consist of no more than two residential dwellings on a maximum of two adjacent parcels. A bed and breakfast inn consisting of more than one dwelling or parcel shall be considered a single facility. Adjacent parcels shall be adjoining contiguous parcels that are not separated by a public-right-of-way.

  • c. The owner of the bed and breakfast inn shall reside at the facility. If more than one person residing off the facility is employed, one additional off-street parking space for every two employees shall be provided.

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Nonconformities

Cha ter 5 Nonconformities p

This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or future amendments.

It is the intent of this Chapter to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions established in this Chapter.

A. Compliance

A nonconforming parcel that does not comply with the applicable area, parcel depth, or width requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.

• Approved subdivision. The parcel was created by a recorded subdivision;

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• Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of this Zoning Ordinance or the zoning amendment that made the parcel nonconforming;

Variance or lot line adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or

Partial government acquisition. The parcel was created in compliance with the provisions of this Zoning Code but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

B. Increase of Nonconformity

No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

• A structure which is nonconforming solely by reason that it does not conform with one or more height, yard or area regulations shall, for the purposes of this Section be deemed to be a conforming structure.

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No nonconforming structure shall be altered or enlarged, except as follows:

• a. Where required by this Code or Statute, or to make the structure conform.

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Any structure which is nonconforming solely by reason of yard or height requirements may be structurally altered or enlarged; provided, that all alterations or additions shall comply with the yard and height requirements of the zone; and further provided, that the entire structure so altered or enlarged complies with all other requirements of the Ordinance other than yard and height.

If a nonconforming structure is removed, every future use of such premises shall be in conformity with the provisions of this Ordinance.

A nonconforming structure in a C or M Zone may remain, subject to Section 11-5.3.

In all R Zones every nonconforming structure, other than a residential structure, designed or intended for use not permitted in such zone shall be completely removed or altered to structurally conform to the uses permitted in such zone within a time determined by the Commission, provided:

• a. Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of the building or structure as found by the Commission.

• b. In no event may the normal life of the structure be fixed at less than 40 years from its original construction.

• c. No such order shall require the removal or alteration of the structure sooner than 10 years from the time such order is made.

• d. Within 10 days after the making of such order, the Commission shall give notice thereof to the owner of record of the structure by causing a copy of the order to be personally served on the owner or mailed to the owner by registered or certified mail addressed to their residence, or if their residence is unknown, then to the address as shown by the records of the Tax Collector of the City, and by causing a copy of the order to be recorded with of the County Recorder.

• e. Not less than 60 days and not more than 90 days before the time fixed for removal or alteration, the officer in charge of issuance of use permits shall give the owner of record of such structure written notice thereof in the manner above mentioned and shall give the occupants of such structure notice thereof by leaving with any of the occupants of said structure or posting on said structure in a conspicuous place, such notice.

• f. Such notice may be given after the time so fixed, but in no case shall such a structure be required to be so removed or altered without at least 60 days' notice being given.

Proceedings for determination of time for removal or alteration of such nonconforming structures in R Zones, as mentioned in subsection 11-5.3(F)), above, may be initiated and shall be set for hearing, noticed, heard and determined in substantially the same manner as provided in the following provisions relating to amendments; provided, that all references therein to amendments shall be deemed to refer to the proceedings relating to such determination as stated in Section 11-7.7. The provisions are as follows: Section 11-7.7(B); Section 11-7.7(D); Section 11-7.7(E); subsections 11-5.4(B), (B), (C), (D) and (F).

All decisions of the Commission in proceedings for such determination may be appealed and reviewed in substantially the same manner as provided in the following named provisions relating to appeals from decisions of the Board of Zoning Adjustment; provided, that all references therein to the Board of Zoning Adjustment shall be deemed to refer to the Commission. The provisions are as follows: Section 11-23-7; subsections 11-23-8(A) and (B). (Ord. 533, 6-5-61)

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A. Nonconforming Use Continuation

The nonconforming use of a structure existing at the time this Ordinance became effective may be continued, provided:

• The nonconforming use of a structure may be expanded or extended throughout the structure. A nonconforming use of a nonconforming structure may be changed to another use of the same or more restricted classification.

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• Conforming Structures: A nonconforming use of a conforming structure shall not be expanded or extended into any other portion of the conforming structure, and if such nonconforming use is discontinued, any future use of such structure shall be in conformity with the provisions of this Ordinance.

B. Nonconforming Use Discontinuation

Notwithstanding any other provision of this Chapter, a use which is one which becomes nonconforming by virtue of an amendment of this Ordinance, change in the use or otherwise, for failure or lack of approval of a required permit or site plan review, shall be discontinued within two years of the date the use becomes nonconforming or upon a date provided for by general law, whichever is earlier. The nonconforming use shall cease to exist if the required permits and/or site plan reviews are not obtained within two years of the date the use becomes nonconforming.

A. Nonconforming Structures and Uses. [11-19-3(A)]

• Subject to all other regulations of this Chapter, a nonconforming structure destroyed to the extent of not more than 50 percent of the permitted structure, as determined by the Building Official, by fire, explosion or other casualty or by act of God, or the public enemy, may be restored and the occupancy or use of the structure or part thereof which existed at the time of such partial destruction may be continued. The time for removal or alteration of the restored structure as mentioned in subsection 11-19-1(D) shall nevertheless be the same as if such structure had not been thus restored.

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If a nonconforming structure is so destroyed to an extent of more than 50 percent of the permitted structure, as determined by the Building Official, of its reasonable value, the same may not be restored, and may not be occupied and used, except in conformity with this Ordinance.

B. Nonconforming Use of Land [11-19-4(A)]

• The nonconforming use of land where no structure (excepting fences) thereon is employed in connection with such use, and nonconforming signs or billboards, existing at the time this Ordinance became effective, or which thereafter becomes subject to the provisions of this Ordinance, may be continued for a period of not more than three years thereafter.

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• If a structure is employed in connection with a nonconforming use of land, and is removed, or destroyed to the extent of more than 50 percent of the permitted structure, as determined by the Building Official, of its reasonable value by any cause, or the nonconforming use of the

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structure is discontinued, the nonconforming use of such land may be continued for a period of not more than three years after the date of such removal, destruction, or discontinuance.

No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, or changed, except to a conforming use.

If a nonconforming use of land, including, but not limited to, agricultural land use is permitted to be continued under any of the provisions of this section but is discontinued for one year, any future use of such land shall conform to the provisions of this Ordinance.

C. Effect of Zone Changes for Nonconformities [11-19-5]

• All of the provisions of this chapter shall apply to structures, land, and uses which hereafter become nonconforming due to any amendment of this Ordinance.

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If a zone is established by this Ordinance or is hereafter changed, to cause any boundary thereof to be located closer than the specified minimum distance to a use which under the provisions of this Ordinance may not be established within such minimum distance from the zone, then such use shall be deemed to be a nonconforming use.

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Cha ter 6 Permit Processin p g

The purpose of this chapter is to identify the procedures for the filing and processing of the different land use permit or approval applications provided for in this Ordinance, unless superseded by specific requirement of this Ordinance or State law.

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any building, or addition to any building, the appropriate permit or permits shall be secured by any owner or their agent for said work. A permit shall also be secured for certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. It shall be unlawful to commence any work until and unless such a permit has been obtained, and further, no such building shall be occupied or used unless a license for such use, where required, is first obtained from the City.

Permits granted by the City:

• Site Plan Review

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• Zoning Clearance

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• Director Review and Approval

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• Conditional Use Permit

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• Temporary Use Permit

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• Minor Deviations

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• Variance

Table 6-1 Permit Review Authorities

These provisions are intended to prescribe the procedure for filing applications for permits, appeals, amendments, and approvals when required or permitted by this Chapter. These provisions are

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intended to provide the framework by which applications will be determined to be complete and permitted to be filed.

A. Application Initiation

• Property owners or designees of property owner and lessees of the subject property; or Resolution of the Planning Commission or City Council.

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B. Application Forms

• The Director shall prescribe the form on which all applications are made; shall prepare and provide forms for all planning applications; and shall prescribe all application filing requirements. No application shall be accepted unless it complies with the specified application filing requirements.

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• The Director may require the submission of supporting materials as part of the application, including, but not limited to, operational statements, photographs, plans, drawings, renderings, models, material and color samples, and other items necessary to describe existing conditions on the project site and in the vicinity and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

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• All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division office. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

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• Planning applications forms must be signed by the applicant and owner of the property, or by a person with the owner’s power-of-attorney, involved in the application. In the case of multiple owners, either all owners must sign the application, or the signatory must provide evidence that he or she has the right to act on behalf of all owners.

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• If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue.

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C. Determination of Completeness

• No application shall be processed pursuant to this Chapter prior to the determination by the Director that the application is complete in accordance with this Section and the Permit Streamlining Act, Government Code Section 65920 et seq. or any successor legislation thereto, to the extent applicable.

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• The determination shall be made not later than 30 calendar days after the Planning Division has received an application for a development project and shall state whether the application is complete or is incomplete and shall specify additional information to be resubmitted.

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• A completed application shall consist of:

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• a. The application form with all applicable information included on the form;

• b. The additional information, reports, dimensioned drawings, and other material required with application form;

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• c. A description of how the proposed project or requested action is consistent with the required findings of each application type; and

• d. Payment in full of the required fee for processing the application.

• If an application is determined incomplete, the Director shall transmit to the applicant in writing the reason for the determination and shall list the information that must accompany a resubmitted application. An incomplete application shall be determined to be withdrawn if the information requested is not received by the Director within 30 days of the date the initial written determination of incompleteness is delivered to the project applicant.

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• The Director shall determine in writing the completeness of the resubmitted application and transmit the determination to the applicant. This determination shall be made no later than 30 calendar days after the Planning Division has received the resubmitted application. If determined complete, the resubmitted application shall be processed pursuant to this Chapter. If the application is determined to be incomplete, the applicant shall be noticed pursuant to this subsection and the application may be deemed withdrawn if no response is received by the City after three (3) months. If deemed withdrawn, the applicant may file a new application or appeal the determination of incompleteness to the Planning Commission pursuant to Section 11-7.8 Appeals.

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• If the Director fails to make a timely determination as to completeness of an application, or resubmitted application, the application shall be automatically deemed complete. The applicant and Director may mutually agree in writing to extend these time periods.

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• The time periods for processing any applications under this Chapter shall commence upon the date the application has been determined to be complete.

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D. Abandonment of Projects

• Applications for permits or approvals, pursuant to this Chapter, shall be deemed to have been abandoned when information and/or fees necessary for the completion of the application have been requested in writing and not received by the Planning Division within ninety (90) days of notification. The applicant may request (within the ninety (90) day time period) an extension of up to one hundred eighty (180) days, or longer as may be approved by the Planning Director only for extenuating circumstances. No further action shall be taken on an application and no fees will be refunded once abandoned.

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A. Purpose

Preliminary Development Review is a process that is intended to provide applicants proposing a new project with relevant initial information on, but not necessarily limited to, General or Specific Plan regulations or policies, consistency with the Municipal Code, improvement standards, environmental review, technical studies required, infrastructure needs, and applicable processing procedures pursuant to this Code.

B. Applicability

Preliminary Development Review is required prior to a formal entitlement submittal for the following projects:

New non-residential construction on a vacant or underutilized property.

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• New multi-family residential development.

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• Additions of more than or equal to 20% of the gross floor area of the main structure or an addition of 1,000 square feet, whichever is greater. This threshold is not to exceed 3,000 square feet.

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• Changes in uses that increase the total required off-street parking.

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C. Review Authority

The Director shall make the determination that a Preliminary Development Review submittal is complete for review. The reviewal process shall include all internal and external departments that have approval oversight throughout the proposed entitlement process.

After review, all comments will be compiled into a written summary that articulates requirements for future entitlement processing in accordance with this Code.

D. Application Requirements

Any applicant seeking a Preliminary Development Review must complete an application on a form approved by the Director, or their designee, submit the required materials for review, and pay the adopted fee required for the processing of the application as set or amended by resolution of the city council. Application materials shall include but is not limited to the following

1. Scaled Site Map,

2. Detailed Project Description,

3. Operational Statement

4. Preliminary Title Report,

5. Owner Authorization.

E. Summary of Recommendations

The Director shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project. The written summary shall not be interpreted as a recommendation for approval or disapproval.

F. Formal Submittal

Following the completion of the Preliminary Development Review process, the applicant may submit for a subsequent entitlement application and filing fees.

A. Purpose

A zoning clearance is the procedure used by the City to verify that a proposed land use and that the project complies with the development standards of this Zoning Code that apply to the use, consistent with the General Plan.

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B. Applicability

Zoning clearance can be provided for all buildings and structures hereinafter erected, constructed, altered, or moved within or into any district established by this Ordinance, or for any use or activity which requires a building permit.

C. Review Authority

If the Director determines that the proposed use or building is allowed as a matter of right by this Code and conforms to all the applicable development and use standards, the Director shall issue a Zone Clearance if one is requested.

D. Application Requirements

Applications for a Zone Clearance shall be submitted in accordance with the provisions set forth in 11-6.2. The Director may request that the Zone Clearance application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The Director may require attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans, and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

A. Purpose

The purposes of site plan review are to enable the Planning Director to ministerially make a finding that the proposed development conforms with the intent and provisions of this Chapter and to guide the Building Department in the issuance of building permits.

B. Applicability

Site plan review provisions shall apply to the following:

• All activities listed as permitted uses in all zone districts shall be subject to the approval of a site plan review granted in compliance with this Chapter, unless otherwise specified later in this Chapter. Approval of a single-family residential unit on a lot shall not require site plan review. Site Plans will be required under the following circumstances:

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• a. New nonresidential developments proposing to construct a new structure.

• b. Additions of more than or equal to 1,000 square feet to existing non-residential buildings.

• c. Changes in uses that do not increase the size of a structure but increase the total required off-street parking requirement pursuant to this Chapter.

• d. New multi-family residential development such as, but not limited to, apartments, condominiums, triplexes, or fourplexes.

C. Review Authority

The Director shall approve, or conditionally approve, applications for a Site Plan Review based on consideration of the requirements of this chapter.

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D. Application Requirements

Applications for a Site Plan Review shall be submitted in accordance with the provisions set forth in 11-6.2. The Director may request that the Site Plan Review application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The application should include at a minimum the following information:

• The lot dimensions.

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• Setbacks.

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• All existing and proposed buildings and structures and their location, elevation, size, height, and proposed use.

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• Walls and fences and their location, height, and materials.

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• All parking, including the location, number of spaces, dimensions of the parking area, and internal circulation patterns.

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• Pedestrian, ADA path of travel, bicycle, and vehicular access.

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• Signs and their location, size, and height.

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• Loading, including the location, dimensions, number of spaces, and internal circulation.

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• Lighting, including the location and hooding devices.

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• Utilities, including location of existing and proposed utilities and easements.

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• Street dedications and improvements.

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• Drainage.

Landscaping, including the location and type.

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• Fire prevention equipment and measures, including type and location.

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• Such other data as may be required to permit the planning official to make the required findings.

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E. Review and Decision

• The Director shall issue a permit if the proposed development conforms precisely to applicable development standards and does not require discretionary review or approval as outlined in this Chapter.

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• The Director shall require resubmittal of the site plan and identify required revisions if the development is not in compliance with the applicable development standards in which the property is located.

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• The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based.

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F. Required Findings

The Director may only approve a Site Plan Review application if it finds that the application is consistent with the purposes of this article and with the following:

• The applicable standards and requirements of this Code.

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• The General Plan and any operative plan or policies the City has adopted.

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• Any applicable design guidelines the City has adopted.

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• Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or zoning approval that the project required.

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G. Conditions of Approval

The Director may impose standard, objective conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this article and ensure compliance with the applicable criteria and standards established by this Code.

A. Purpose

A DRA is intended to allow for the approval of projects which conform to the standards established for the Zoning District and do not require discretionary review. A DRA provides for an administrative review and assessment of the proposed development project considering explicit standards contained in the Chapter which have been designed to ensure that the completed project will be in harmony with existing or potential development in the surrounding area, consistent with the goals, objectives, and policies of the General Plan.

B. Applicability

A Director Review and Approval (DRA) shall be required prior to issuance of any Building Permit for the development of uses subject to a DRA as listed in Chapter 2 of the Zoning Ordinance.

C. Review Authority

The Director, or their designee, may issue a DRA for all uses requiring such permit. The Director, or their designee, shall review the application for a DRA and approve, approve with requirement to conform with the zone district, or deny said application within thirty (30) days after the application is received by the community development department. Failure of the Director to act within thirty (30) days shall not be deemed an approval.

D. Application Requirements

Anyone seeking a DRA must complete an application on a form approved by the Director, or their designee, and pay any fee required for the processing of the application as set or amended by resolution of the city council. Said application shall not be deemed received unless it is complete, and all fees paid.

E. Required Findings

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

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• The proposed use will not be contrary to the objectives of the General Plan and any applicable specific plan.

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

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A. Purpose

The purpose of this Chapter is to describe the process and general requirements in which a Conditional Use Permit (CUP) is required. Conditional uses require special consideration due to unusual characteristics or potential impacts on surrounding uses. They require discretionary review and approval to ensure that the uses are generally consistent with the purposes of the Zoning District where they are proposed to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties.

B. Applicability

A CUP is required for buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which may have an impact upon the general welfare, safety of the public, or otherwise specified as a requirement in Chapter 2 of the Zoning Ordinance. These uses require an additional level of review and have a higher threshold of approval to ensure that they are compatible with the adjacent land uses and comply with the goals and intent of the General Plan. A Conditional Use Permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application unless a specific time period in which the use permit will be valid, and the use may be operated has been set.

C. Review Authority

Planning Commission Public Hearing:

• A public hearing shall be held by the Planning Commission after the filing of a complete application for a conditional use permit, notice of which shall be given in the manner prescribed in Section 11-7.9.

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• At the public hearing, the Planning Commission shall review the application and the statement and project plans submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained,

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• The public hearing shall be conducted in accordance with the rules and procedures specified in Section 11-7.9

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D. Application Requirements

The applicant shall submit an electronic copy and three physical copies of a site plan, or as determined by the City Manager or Designee, and a completed CUP application form to the Planning Division. The application submission shall include a filing fee as required under the Selma User Fee Schedule.

• Upon receipt of a CUP application, the City shall first review the application to determine completeness and determine the level of environmental review necessary for the project.

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• If the application is deemed complete, the conditional use permit shall be considered at a future, duly noticed public hearing before the Planning Commission.

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• A CUP may be granted only when all the following findings are met in reference to the property being considered. The inability to make one or more of the findings is grounds for denial of an application.

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• Any person may appeal the Planning Commission’s decision to the City Council in accordance with the procedure specified in Section 11-7.8 Appeals. Upon appeal of the Planning Commission’s action, the City Council shall hold a new public hearing where it shall review the proceedings held by the Planning Commission and either affirm, deny, or modify the Commission’s decision.

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• A CUP shall expire and become void one year from the date it became effective if the use permitted under the CUP is not operating within that time period, unless a greater time was agreed upon in writing upon permit approval, or a building permit was issued, and construction has commenced prior to the expiration.

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• A CUP may be renewed for an additional year, or for a lesser or greater time as specified, provided that an application for renewal is filed with the Planning Commission prior to the expiration of the previous CUP. The Planning Commission may by resolution approve, approve with conditions, or deny an application for renewal of a CUP. The resolution shall describe the findings of the Planning Commission regarding the decision.

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

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E. Public Notice

Public Notice shall be provided 10 days prior to the date of action pursuant to section 11-7.9

F. Required Findings

The Planning Commission in granting a conditional use permit shall find as follows:

• The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and is in substantial compliance with all of the applicable provisions of this Development Code;

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The proposed use is consistent with the General Plan and any applicable specific plan;

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create substantial noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby, or adverse to the public interest, health, safety, convenience, or welfare of the City;

The subject parcel is physically suitable in size and shape for the type and density/intensity of use being proposed;

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; and

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act.

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A. Purpose

The purpose of this Chapter is to establish a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

B. Applicability

An application for a Temporary Use Permit shall be submitted at least 45 days before the use is intended to begin. The application requires non-discretionary review and shall be on the required form and include an operational statement and the written consent of the owner of the property or the agent of the owner.

C. Temporary Uses Requiring a Temporary Use Permit

• Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days or a total of 60 days in a one-year period.

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• Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:

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• a. Temporary outdoor sales shall be conducted for the same site on which the permit is applied and authorized for.

• b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.

• c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, and ADA path of travel compliance or required landscaped areas or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

• d. Number of Events. No more than 4 events shall be allowed, per applicant, on any 1 site within any 12-month period, except sidewalk sales located on the public right-of-way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12month period. Business Improvement Districts Areas shall be exempt from the limitations on number of events.

D. Review Authority

The Director shall approve, conditionally approve, or deny applications for temporary use permits based on consideration of the requirements of this Zoning Ordinance. The Director may refer an application for a temporary use permit to the Planning Commission if the Director finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Planning Commission review. If the Director determines that the application is subject to review under CEQA and the project does not qualify for an exemption pursuant to State law or CEQA Guidelines, the temporary use permit shall be processed as a conditional use permit application.

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E. Application Requirements

An application for a Temporary Use Permit shall be submitted in accordance with the provisions set forth in 11-6.2. The Planning Director may request that the TUP application be accompanied by a written narrative, operational statement, plans, and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all applicable provisions of this Code. The application should include at a minimum the following information:

• A statement of operations describing the hours of operation, days that the temporary use will be on site, the number of people staffing the use during operation, and other information relating to the operation of the use that pertains to the impact of the use on the community or on adjacent uses; and

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Drawings, sketches or illustrations, dimensioned and drawn to scale, showing the size and location of the property, location of adjacent streets, location and size of all structures on the site, signs, location and number of off-street parking spaces and drive aisles, locations on entrances and exits and temporary structures to be erected or installed as a part of the temporary use.

F. Required Findings

The Director may approve an application for a temporary use permit, without public notice, upon making the following findings:

• The proposed use complies with the timeframes indicated for said use.

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• The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City.

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• The proposed use will not unreasonably interfere with pedestrian and ADA path of travel compliance or vehicular traffic or circulation in the area surrounding the proposed use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas or a parking management plan.

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• The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

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• Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director.

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A. Purpose

The purpose of this Chapter is to establish procedures to allow minor adjustments to the dimensional requirements, design standards, and other requirements of this Ordinance when so doing is consistent with the purposes of the General Plan and the District and would, because of practical difficulties, integrity of design, topography, and similar site conditions, result in better design, environmental protection, and land use planning.

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B. Applicability

The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the district. Minor deviations of up to but not exceeding ten percent (10%) of the development standards, such as, but not limited to, setbacks, height, buildable area, or parking, for the applicable district may be approved by the Community Development Director (“Director”) upon application by the property owner, which application outlines and demonstrates the justifiable need and reason for the deviation. In no case shall a minor deviation be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance. No deviation which compromises public health and safety in any manner shall be approved.

C. Review Authority

The Director shall approve, conditionally approve, or deny applications for a minor deviation based on consideration of the requirements of this chapter.

D. Application Requirements

An application for a minor deviation shall be submitted to the Director in accordance with Section 11-6.2. The application shall state in writing the nature of the deviation requested and explain why the findings necessary to grant the deviation are satisfied. The applicant shall also submit plans delineating the requested deviation.

E. Required Findings

A decision to grant a deviation shall be based on making all of the following findings:

• The deviation is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, location of existing improvements, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

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• The requested modification is consistent with the General Plan and any applicable area or specific plan;

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• The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations;

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• The granting of the requested deviation will not be detrimental to the health or safety of the public, the occupants of the property, parcels sharing common parcel lines, or result in a change in land use or density that would be inconsistent with the requirements of this Code.

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A. Purpose

The purpose of this chapter is intended to provide a mechanism for relief from the strict application of this Code where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions.

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B. B. Applicability

Variances may be granted with respect to development standards, but variances from the use regulations of this Code are not allowed. The Planning Commission shall have power to grant such variances only to the extent necessary to overcome such practical difficulty or unnecessary hardship as may be established in accordance with the provisions of this Chapter. No Variance shall be granted, in whole or in part, that would have an effect substantially equivalent to a reclassification of property, alter any use, density limit, maximum floor area ratio, or bulk of a building or structure not expressly permitted by the provisions of this Ordinance for the District or Districts in which the property in question is located, grant a privilege for which a conditional use procedure is provided by this Ordinance, or would change a definition in this Ordinance. A Variance is not a vested right and is granted upon the discretion of the Planning Commission. The burden of proof for satisfying the requirements for granting of a Variance, as stated in this Ordinance, rests with the applicant.

C. Review Authority

The Planning Commission shall have authority to grant variances, pursuant to the provisions of this Chapter, and to specify terms and conditions thereof. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and such other conditions as the Planning Commission deems necessary to carry out the purposes of this Ordinance.

D. Application Requirements

Procedure; Revocation; Modification:

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• a. The procedure for application for variances and the review and issuance thereof, shall be as provided in Section 11-6.2.

• b. Variances may be revoked or modified in the manner and under the conditions set forth in Section 11-6.11

E. Public Notice

All applications for Variances shall require a public notice pursuant to the noticing procedures in Section 11-.7-9

F. Required Findings

The applicant for a variance shall show, and before a variance may be granted the Planning Commission shall find, as follows:

• That because of special circumstances applicable to subject property, including size, shape, topography, location or surrounding, the strict application of this Ordinance deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

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• 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.

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• The strict application of the provisions of this Ordinance would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships.

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• That the granting of such variance will not adversely affect the general plan or the purposes of this Ordinance. The variance would not impair the integrity and character of the District in which it is to be located.

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G. Conditions of Approval

In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required.

An unincorporated property within the City’s sphere of influence shall be pre-zoned to the zoning district that would apply upon annexation to the City per LAFCo requirements for annexation in the City.

A. Initiation and Processing

A prezoning shall be initiated, processed and approved or disapproved in the same manner as provided for other amendments by this Chapter and in coordination with LAFCo.

B. Application of Official Zoning Designation

Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the Zoning Map.

Any discretionary, ministerial, or administrative land use permit pursuant to this chapter shall become void 12 months following the date on which the land use permit became effective unless, by conditions of the land use permit, a lesser or greater time is prescribed, or unless, prior to the expiration, a development-related permit is issued by the City, and construction has commenced and is being diligently pursued in accordance with the land use permit. Failure to utilize any use permit granted by the City within 12 months after the effective date of issuance unless a written request for extension is submitted to the Planning Commission 30 days prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate.

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Cha ter 7 Zonin Ordinance Administration p g

This Chapter defines the authority and responsibility of City staff and official bodies in the administration of this Title and in compliance with Chapter 11-6.1 (Permit Processing-General Provisions).

As provided by State law, the Commission is designated as the planning agency and as the advisory agency, when required or authorized. The Director or designee shall perform the functions of an advisory agency, as assigned, in compliance with State law.

The Council shall perform the duties and functions prescribed in this Title, which include the following:

• Review Authority on Specified Planning Matters. Final decisions on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process; and

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Appeals. The Review of any appeal filed from a decision by the Commission

The functions listed above shall be performed in compliance with Chapter 11-6.1 (Permit Processing-General Provisions) and the California Environmental Quality Act (CEQA).

A. Duties and Authority

The director or designee:

Shall have the responsibility to perform all of the functions designated by State Law;

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2. Shall perform the duties and functions prescribed in this Title, including the review of any administrative development project in compliance with Chapter 6 (Permit Processing), and the California Environmental Quality Act (CEQA);

3. Shall perform other responsibilities assigned by the Council and Commission; and

B. Delegation and Supervision

The Director may delegate the responsibilities of the Director to assigned City staff under the supervision of the Director. When the Director designates a City staff person, the staff person shall perform the duties assigned by the Director, in addition to those listed in Subsection 11-7.4(A) (Duties and Authority), as appropriate to the personnel title of the designee.

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Effect of Council Decision . Unless otherwise provided in the Code, the Council decision shall be final and effective and subject to a writ under Code of Civil Procedure Section 1094.5 or CEQA Section 1085 immediately upon final Council action.

A. Appointment

The Planning Commission , pursuant to Title II Chapter 1- Planning Commission, shall be appointed and serve in compliance with Subsection 11-7.6 of the City of Selma Municipal Code.

B. Duties and Authority

The Commission shall perform the duties and functions prescribed by Title 2 (Commissions and Boards) of the City of Selma Municipal Code and this Title, including the following:

• The review and final decision on development projects and related environmental documents; and

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The recommendation, to the city council for final decisions, on development agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process.

The functions listed above shall be performed in compliance with Chapter 6 (Permit Processing) and the California Environmental Quality Act (CEQA).

The purpose of this Chapter is to provide procedures by which changes may be made to the text of this Ordinance and to the Zoning Map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan.

A. Applicability

The procedures in this Chapter shall apply to the following proposals:

• Zoning Ordinance Text Amendment . A change the text of this Ordinance

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Zoning Map Amendment (Rezone and Prezone). An application to revise a Zoning District classification or Zoning District boundary line shown on the Zoning Map. The same application and process shall be applicable for the purpose of prezoning to establish the designation of land uses for unincorporated property adjoining the city, within the sphere of influence, prior to annexation.

Plan Amendment . A change in the text of the General Plan or any operative plan, or a change to the General Plan's planned land use designation for a site, including pre-zoning.

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B. Initiation

An Amendment to the text of the Zoning Ordinance, Zoning Map or General Plan may be initiated by:

• Council. A resolution of intention directing the commission to initiate an amendment;

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• Planning Commission. A resolution of intention initiated by the planning commission;

• Director. An amendment may be initiated by the Director;

Zoning Ordinance Text Amendment. An amendment to the text of the zoning code may be initiated by any qualified applicant identified in Chapter 6 (Permit Processing); or

Zoning Map Amendment. An amendment to the zoning map (i.e. rezone) may be initiated by a petition signed by no fewer than 50 persons who are property owners or tenants within the City.

Plan Amendment. An amendment to the General Plan or operative plan may be initiated by any qualified applicant identified in Chapter 6 (Permit Processing). Plan Amendments include changes to text in said plans, maps, and planned land use designations.

C. Application Requirements

• Application . A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Director or designee accompanied by the required fee. The Director or designee may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

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Coordination with Other Applications. The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Ordinance to be processed simultaneously with the proposed zoning amendment.

D. Review Procedures and Public Notice

• Staff Report. The Director or designee shall prepare a report and recommendation to the planning commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 117.7(G), Criteria for Zoning Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

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Public Hearing Required. All zoning amendments shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.

Public Notice. At least 10 days before the date of the public hearing, the planning division shall provide notice consistent with Section 11-7.9, Public Notices and Hearings.

E. Planning Commission Hearing and Recommendation

• Planning Commission Hearing . The Planning Commission shall conduct a public hearing in conformance with Chapter 6, Permit Processing.

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Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in Section 11-7.7 and shall be transmitted to the City Council. If the matter under consideration is a proposal to reclassify a property from one zone to

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another and the Planning Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request for a hearing with the City Clerk within 14 days after the Planning Commission action.

F. City Council Hearing and Action

• After receiving the report from the Planning Commission or a written request from an interested party pursuant to Section 11-7.7(6)(B), the City Council shall hold a duly-noticed public hearing. At least 10 days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 6, Permit Processing. The notice shall include a summary of the Planning Commission recommendation.

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After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment.

G. Criteria for Zoning Amendments

The Planning Commission shall not recommend, and the City Council shall not approve a Zoning Text Amendment unless the proposed amendment meets the following criteria:

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• a. Zoning Ordinance Text Amendment Findings.

  • i. The Ordinance amendment is consistent in principle with the General Plan and any applicable Specific Plan; and

• The Ordinance amendment is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare.

b. Zoning District Boundary Amendment (Rezoning Map Amendments) and General Plan Amendments Findings.

• i. The change in district boundaries is consistent in principle with the General Plan;

  • The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare; and

The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District.

H. Interim Zoning

• The City Council, to protect the public safety, health, and welfare, may adopt an interim ordinance prohibiting or allowing any uses or establishing development standards when this Zoning Ordinance may otherwise be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the City Council, Planning Commission or the Director or designee is considering or studying or intends to study within a reasonable time. Nothing in this Section shall limit the power of the City Council, by virtue of the City Charter, to take necessary action to protect the public health, safety, and welfare.

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Procedures.

• a. In adopting an interim ordinance, the City Council need not follow the procedures otherwise required prior to the adoption of an Ordinance amendment as provided for in this Chapter.

• b. An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Chapter 6, Permit Processing.

• c. The City Council as part of any interim ordinance, may adopt procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Chapter 6, Permit Processing.

Required Findings

• a. The City Council shall not adopt or extend any interim ordinance pursuant to this Section unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, and welfare.

Duration

• a. An interim ordinance shall be of no further force and effect sixty days from its effective date. After notice and public hearing pursuant to Chapter 7, the City Council may extend the interim ordinance up to 60 months.

Notwithstanding subsections (1) through (3) of this Section, if the interim zoning ordinance would operate to prohibit a use otherwise authorized by this Ordinance, the City Council shall follow the procedure specified in Government Code Section 65858, or any successor legislation thereto.

A. Purpose

This Chapter provides procedures (as described in Table 6-1 Permit Review Authorities ) for the following:

• The Council's review of a decision rendered by the Planning commission;

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• The Planning commission's review of a decision rendered by the Director or designee;

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• The simultaneous request for an appeal by both the Council and Planning commission; and;

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• The filing of an appeal, by other than the Council or Planning commission, of a decision rendered by the Director or designee or Planning commission.

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B. Planning commission Review

A member of the Planning commission may request the opportunity to discuss any decision previously rendered by the Director or designee; however, a majority vote of the Planning commission is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. The decision of the Planning Commission on the appeal is final, unless after a timely written request is made to the City Council and the City Council approves the request for appeal to the City Council.

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C. Council Review

A member of the Council may request the opportunity to discuss any decision previously rendered by the Director or designee or Planning Commission; however, a majority vote of the Council is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.

D. Appeal by the Council and Planning commission

If members of both the Planning Commission and Council file an appeal from the same decision, the matter shall be scheduled for Council determination. The Council shall determine whether the appeal shall be considered, and if so, by which review authority. Once the Council determines that the appeal should be heard, the appeal shall be scheduled for hearing by the review authority designated by the Council.

E. Appeals of Decisions

An appeal filed by other than the Council or Planning Commission shall be heard by the following review authorities:

• Director Appeals. A decision rendered by the Director or designee may be appealed to the Planning commission;

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F. Planning Commission Appeals

A decision rendered by the Planning Commission may be appealed to the City Council.

Report and Scheduling of Hearing. When an appeal has been filed, the Director or designee shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority.

Required Statement and Evidence.

• a. Applications for appeals shall include a general statement, specifying the basis for the appeal and the specific aspect of the decision being appealed.

• b. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions to mitigate potential impacts.

• c. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.

Action. If the matter originally required a noticed public hearing, the Planning Division or city Clerk, as applicable, shall notice the hearing in compliance with Section 11-7.8.7 (Notice for Appeal Hearings). At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

• a. By resolution, the review authority may affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal.

• b. When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.

• c. When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.

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• d. If new or different evidence is presented on appeal, the planning commission or Council may, but shall not be required to, refer the matter back to the director or designee or planning commission for further consideration.

G. Time Limitations

• Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Planning Division or city Clerk, as applicable, within 15 days after the decision date identified in the notice of decision. Appeals addressed to the Planning commission shall be filed with the Planning Division, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case, and the basis for the appeal as required by Section 11-7.8(6)(C) (Required Statement and Evidence) below. Appeals shall be accompanied by the filing fee established by the Council Fee Resolution. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day, where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.

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H. Notice for Appeal Hearings

• Appeal of Planning Commission's Decision. Where an appeal of a Planning Commission decision made following a public hearing, noticed in compliance with Section 11-7.9 (Public Notices and Hearings), is filed with the city Clerk, and a hearing on the merits of the appeal is placed in the Council agenda, notice shall be given in compliance with Section 11-7.9 (Public Notices and Hearings), unless the council determines otherwise.

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Appeal of Director's Decision. The director or designee may require mailed notices, on a caseby-case basis, in compliance with Section 11-7.9 (Public Notices and Hearings), for the appeal of an administrative discretionary review decision to the planning commission or Council. At minimum, notice of the appeal shall be mailed to all persons who previously received notice of the director's or designee’s decision, at least 21 days before the scheduled public hearing or review.

I. Notice of Final Decision- Planning Commission

Within 10 working days after the final decision is rendered by the planning commission, a notice of the decision, and any applicable conditions of approval, shall be mailed to the appellant at the address shown on the application. A copy of the notice shall also be sent in compliance with Section 11-7.9.8 (Mailing of the Notice of Decision).

J. Appeal Pending

While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance, and all permits and licenses issued for the use or structure shall be stayed.

This Chapter provides procedures for the noticing requirements and public hearings before the Commission and Council, and for administrative review by the Director or designee. When a public hearing is required by this Title, public notice shall be given, and the hearing shall be conducted as provided by this Chapter.

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A. Notice of Public Hearing

• A notice of public hearing shall be mailed to the applicant or their agent, the owner of the property and owners and occupants of all property within a radius of three hundred (300) feet from the property lines of the site under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

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• If applicable, a notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing 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.

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• At least ten (10) days prior to the date of the hearing, a public notice shall be published in a newspaper having general circulation in the city.

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B. Notice of Decision – Director

The Director or designee may record the decision, refer the matter to the Commission for determination, or defer action and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City.

C. Notice of Decision – Commission

The Commission may announce and record the decision at the conclusion of a scheduled hearing, or defer action, take specified items under advisement, and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City.

D. Finality of Decision by Director or Commission

The decision of the Director or Commission or their designees is final unless appealed in compliance Chapter 11-7.8 (Appeals).

E. Recommendation by Commission

At the conclusion of a public hearing on a Comprehensive Plan, Development Agreement, Specific Plan, prezoning, or a proposed amendment to the General Plan or Zoning Map/Code, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

F. Notice of Decision – Council

For an application requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and general welfare of the City.

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G. Mailing of the Notice of Decision

Within 10 working days after the final decision or recommendation is rendered by the appropriate review authority, a notice of the decision, recommendation, any applicable conditions of approval, and any reporting/monitoring requirements, shall be mailed to the applicant at the address shown on the application. A copy of the notice shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice.

This Section provides procedures and requirements for the review and approval of development agreements consistent with the provisions of state law.

A. Applicability

• Initiation. Consideration of a development agreement may be initiated by:

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• a. The Council; or

• b. Property Owner(s) or other persons having a legal or equitable interest in the property proposed to be subject to the agreement.

B. Application Filing, Processing and Review

• Owner’s request. An over of real property may request and apply through the planning division to enter into a development agreement, provided that:

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• a. The status of the applicant as property owner or bona fide representative of the owner is established to the satisfaction of the director or designee;

• b. The application is accompanied by all documents, information, and materials required by the planning division.

Director Review. The director or designee shall receive, review, process, and prepare recommendations for the planning commission and Council consideration on all applications for development agreements.

Concurrent Processing and Public Hearings. All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a Development Agreement. The Council shall be the review authority for the Development Agreement and all associated applications.

Fees. The application for a Development Agreement shall include the processing fee established by the Council Fee Resolution.

C. Public Hearings

• Commission Hearing. Upon finding the application for a Development Agreement complete, the Director or designee shall set the date for a public hearing before the Commission, in compliance with Section 11-7.8 (Public Notices and Hearings). Following conclusion of a public hearing, the Commission shall adopt a resolution and make a written recommendation to the Council that it approve, conditionally approve, or deny the application.

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Council Hearing. Upon receipt of the Commission's recommendation, the City Clerk shall set a date for a public hearing before the Council in compliance with Section 11-7.9 (Public Notices

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and Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or deny the application, with appropriate findings in compliance with Subsection 11-7.10.4.E. (Required Findings). If the Council proposes to adopt a substantial modification to the Development Agreement not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Cal. Gov’t Code § 65857). Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the proposed modification.

Notice of the Hearings. Notice of the hearings, outlined in Subsection 11-7.9 (Public Notices and Hearings above, shall be given in the form of a notice of intention to consider approval of a development agreement, in compliance with State law (Cal. Gov’t Code § 65867).

Adopting Ordinance. Should the Council approve or conditionally approve the application, it shall, as a part of the action of approval, direct the preparation of a Development Agreement embodying the conditions and terms of the application as approved or conditionally approved, as well as an ordinance authorizing execution of the development agreement by the Council, in compliance with State law (Cal. Gov’t Code § 65867.5).

Required Findings. The ordinance shall contain the following findings, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings:

• a. The Development Agreement is in the best interests of the city, promoting the public interest and welfare;

• b. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable Specific Plan, and this Title;

• c. The Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of Subsections 11-7.9 (Development Agreements) and Subsection 11-7.9(D) (Contents of a Development Agreement),

D. Contents of a Development Agreement

• Mandatory Contents . A Development Agreement entered into in compliance with this Chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]).

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Permissive Contents. A Development Agreement entered into in compliance with this Chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by State law (Cal. Gov’t Code § 65865.2 [Agreement Contents]), and any other terms determined to be appropriate and necessary by the council, including provisions for the payment to the city of monetary consideration.

E. Execution and Recordation

• Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement becomes effective, and until it has been executed by the applicant.

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Conditioning Approval. The provisions of this Chapter shall not be construed to prohibit the Director or designee, Commission or Council from conditioning approval of a discretionary

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permit or entitlement on the execution of a Development Agreement, where the condition is otherwise authorized by law.

Recordation. A Development Agreement shall be recorded with the County Recorder no later than 10 days after it is executed, in compliance with State law (Cal. Gov’t Code § 65868.5).

F. Environmental Review

• The approval or conditional approval of a Development Agreement in compliance with this chapter shall be deemed a discretionary act for purposes of CEQA.

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G. Periodic Review

• Periodic Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review by the Director or designee during the full term of the agreement.

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Appropriate fees to Purpose of Periodic Review. Fees cover the city's costs to conduct the periodic reviews shall be collected from the contracting party, in compliance with Section 117.9(B) (Application Filing, Processing and Review). The purpose of the periodic review shall be to determine whether the contracting party or the successor-in-interest has complied in good faith with the terms and conditions of the Development Agreement. The burden of proof shall be on the applicant or contracting party or the successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the Director or designee finds and determines, on the basis of substantial evidence, that the contracting party or the successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Director or designee shall notify the Commission, which may recommend to the Council that the agreement be terminated or modified.

The procedures for the termination or modification hearing shall comply with Section 11-7.6 (H) below.

H. Amendment or Cancellation of Development Agreement

A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with State law (Cal. Gov’t Code § 65868), or as set forth in the agreement. The requested amendment or cancellation shall be processed in the same manner specified by this Chapter for the adoption of a Development Agreement.

I. Effect of a Development Agreement

• Rules, Regulations and Policies . Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications, and Building Code provisions applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

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State Law. In compliance with State law (Cal. Gov’t Code § 65866), unless specifically provided for in the Development Agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property under the

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Development Agreement. Further, a Development Agreement does not prevent the City from conditionally approving or denying any subsequent development project application, on the basis of existing or new rules, regulations, and policies.

Approved Development Agreements. Development Agreements approved by the Council shall be on file with the City Clerk.

A. Purpose

The purpose of this section is to provide procedures, requirements for the annexation of property to the city.

B. Process

1. Property that is subject to annexation shall be pre-zoned consistent with the General Plan, any other applicable operative plan and annexation criteria. If an applicant proposes to pre-zone to different zone districts than those which are consistent with the General Plan and other operable plans, then plan amendments which achieve consistency shall be initiated and processed.

2. Annexation shall not be approved unless the proposed annexation meets all of the following criteria:

   • a. The proposed annexation and parcel configuration is consistent with the General Plan and any applicable operative plan

   • b. Adequate public services, facilities, and utilities meeting City standards are available to the lands proposed for annexation or will be provided within a specific period of time, with financial guarantees and performance requirements, to ensure this will occur.

   • c. Projects requiring annexation will not negatively impact City finances.

   • d. The City will partner with the community, if there is wide support for annexation, to coordinate terms to initiate and support the annexation process.

   • e. The annexation shall be approved by the Local Agency Formation Commission (LAFCO) of Fresno.

   • f. Legal Description and exhibit consistent with State Board of Equalization Standards

   • g. Permit Modifications and Revocations

3. Any request to modify a planning permit may be approved by the Decision Body by amending existing conditions or adding new conditions after following the same procedures as for applying for such permit.

Any planning permit may be revoked if any of the following apply:

• a. Failure to utilize any use permit granted by the City within 12 months after the effective date of issuance unless a written request for extension is submitted to the Planning Commission 30 days prior to the expiration of the permit. The Planning Commission shall review the request at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate.

• b. One or more of the terms or conditions upon which a permit was granted has been violated.

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• c. The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance, after the owner or other person responsible for the operation of the premises has been placed on notice by the City that such conditions exist and has failed to correct the objectional conditions.

• d. The Commission shall hold a hearing prior to the revocation of any use permit. Written notice shall be given at least 10 days prior to the hearing to the permittee at the address of the property subject to the permit; or if the property is unimproved, to the address of the owner as shown on the last equalized assessment roll in the office of the Assessor of the County.

Table 7-1 Revocation Authority

This Chapter provides procedures intended to ensure compliance with the requirements of this Title and the conditions of land use permit approval pursuant to Title I Chapter 20 and Chapter 21 of the Municipal Code.

A. Violations

• Public Nuisance. Any use, structure, or property altered, enlarged, erected, established, maintained, moved or operated contrary to the provisions of this Title, or any condition of approval, is hereby declared to be unlawful and a public nuisance, and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

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Stop Work Order. Construction in violation of this Title, or any condition imposed through this Title, shall be subject to the issuance of a Stop Work Order. A violation of a Stop Work Order shall constitute a misdemeanor.

Penalty. Any violation of this Title, or failure to comply with any of its provisions, shall be deemed to be a misdemeanor, and punishable as such, notwithstanding the fact that, at the discretion of the City Attorney, violation of any section of this Title may be prosecuted as an infraction. Each day a violation of any provision of this Title continues shall be a new and separate violation.

B. Inspection

Every owner and applicant seeking an approval, or any other action through this section, shall allow authorized City officials, or their designees, reasonable access to any premises or property that is the subject of the approval or other action. Once approval or other action has been granted in compliance with this Title, the owner or applicant shall allow authorized City officials, or their designees, access to the premises, where there is reasonable cause to believe the premises or property is not in compliance with the approval or other action.

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C. Additional Permit Processing Fees

Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Title, or any condition imposed through this Title, shall pay the additional permit processing fees established by the Council Fee Resolution for the correction of the violation, before being granted a permit for a use or structure on the site.

A. Filing Fees

• The rates and fees for the following zoning related activities, permits, and violations shall be set in the Master Fee Schedule as adopted by the Council.

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• a. Planning Permits;

• b. Zoning District Confirmation Letters;

• c. Site Plan Reviews;

• d. Director Review and Approvals;

• e. Conditional Use Permit;

• f. Variance;

• g. Temporary Use Permit;

• h. Modification and Revocation;

• i. Rezones/Prezones

• j. Zoning Ordinance Text and Zoning District Amendments

• k. General Plan Amendments

• l. Annexation; and

• m. Appeals

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