Chapter 10.50 — DEVELOPMENT STANDARDS

The purpose of this chapter is to establish development standards to preserve, protect, and promote the public health, safety, and general welfare of the city, and to minimize environmental impacts and land use conflicts. (Ord. 2025-01, passed 1-7-2025)

This chapter shall apply to uses within all zone districts unless specifically stated otherwise. (Ord. 2025-01, passed 1-7-2025)

(A) Air pollution. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District or the requirements of any air quality plan adopted by the City of Tulare.

(B) Combustibles and explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and Cal. Code of Regulations Title 19.

(C) Discharge of materials. No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, state or local government agency.

(D) Ground vibration. No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.

(E) Odorous gases and matter. No use shall be permitted that emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

(F) Property development. New development shall be required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters, sidewalks, street paving, and street lighting. These improvements shall be constructed consistent with requirements shown in the City of Tulare Standards and Specifications Manual and shall be installed prior to occupancy of any structures on the site.

(G) Rooftop equipment. All mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.

(H) Trash collection areas. Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-family residential, mixed-use, commercial, office, public facility and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the City Engineer and shall provide direct stab access as determined by the City's Solid Waste Manager.

(I) Through lots. A front building setback area shall be provided on each frontage of a through lot, except where access to one of the frontages has been waived or is otherwise prohibited.

(J) Waste materials. Waste materials that are associated with any use that causes fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers. (Ord. 2025-01, passed 1-7-2025)

(A) No fence or wall shall be placed within the public right-of-way.

(B) A masonry fence exceeding three feet in height shall require engineered footings and a building permit. All other fencing exceeding seven feet in height shall require engineered post footings and a building permit.

(C) Corner cutoff areas. The following regulations shall apply at all intersections of streets, alleys, or private driveways in all zoning districts in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutoff areas established herein.

(1) There shall be a corner cutoff area at all intersecting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees, with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 45 feet from the intersection of such lines or their projections at the corner of a street or highway.

(2) There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point at a distance determined by the AASHTO 7th Edition Highway and Street Design (Green Book), but in no case not less than ten feet, from the edges of the driveway where it intersects the street or alley right-of-way.

(3) Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, said corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line and through a point on the side property line from said intersection of the side and front (or rear) property lines at a distance determined by the AASHTO 7th Edition Highway and Street Design (Green Book).

(D) Allowable fence materials. All fences constructed or installed within the city shall be limited to the materials specified for each zoning district.

(E) All fences and walls shall be constructed of new or good used material, and all fences and walls shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed unless otherwise required, or repaired.

(F) The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state, or any agency thereof.

(G) The city reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement or public right of way in any emergency.

(H) Temporary fences. The use of temporary fences is allowed subject to the following requirements:

(1) A temporary fence may be constructed of chain link or other such material approved by the Director and shall not be permanently affixed to the site.

(2) A temporary fence shall be located on the site in such a manner as not to impede pedestrian or automobile traffic adjacent to the site unless approved by the Director or City Engineer.

(3) A temporary fence placed to secure a construction, rehabilitation, or demolition project on the site shall be removed when the project is completed.

(4) A temporary fence placed for a reason other than to secure a construction, rehabilitation, or demolition project on the site shall be removed after 90 days unless a temporary use permit is issued in accordance with Chapter 10.76 which allows a longer period of time.

(Ord. 2025-01, passed 1-7-2025)

The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures:

(A) All lights and light fixtures, except public streetlights and solar-powered lights of five watts or less per fixture, shall be located, aimed, or shielded so as to minimize light trespassing across property boundaries or skyward.

(B) No lights or light fixtures shall flash, revolve, blink, or otherwise resemble a traffic control signal or operate in such a fashion as to create a hazard for passing traffic.

(C) Building-mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.

(D) Light fixtures under ceiling canopies shall be recessed, or the sides of the lens area shall be shielded to eliminate the emission of horizontal light.

(Ord. 2025-01, passed 1-7-2025)

(A) Architectural features, including without limitation, sills, chimneys, fireplaces, cornices, and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than 36 inches, and a porch may extend into a required front building setback area not more than six feet. Where an architectural feature extends more than 24 inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way.

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

(C) Fences, walls, hedges, garden structures, walks, driveways, and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.

(D) When more than 60% of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for proposed new buildings in such block shall be the average of the actual front building setback of the main buildings on either side of the proposed new building.

(Ord. 2025-01, passed 1-7-2025)

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

(Ord. 2025-01, passed 1-7-2025)

It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:

(A) The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:

(1) The California Building Standards Code, Cal. Code of Regulations, Title 24, and any and all amendments, thereto, published by the California Building Standards Commission.

• (2) Any provision of the Tulare Municipal Code.

(3) Any other law or regulation, such violations including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to the public health, safety, and general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Chief Building Official.

(B) Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting any alley, street, or other public right-of-way.

(C) The outside placement, parking, storage, or stockpiling of equipment, materials, vehicles, furnishings, or commodities, not associated with the normal use, maintenance, or repair of a residential dwelling or its accessory structures, including, but not limited to, farm equipment, porta-potties, picking ladders, agricultural produces, produce boxes and bins, trucks larger than one ton, scrap materials, inoperable vehicles, and appliances or furniture.

(D) Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create an unsightly appearance, or create conditions which are detrimental to neighboring properties.

(E) Broken windows or other structural defects in the real property or any structures or improvements that create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards.

• (F) Clotheslines visible from a public street.

(G) Garbage cans and garbage receptacles stored in locations on a lot that are visible from the public street or neighboring properties except that, the Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Enforcement Officer makes such a determination, the Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties.

(H) Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which creates an unsightly appearance.

(I) Failure to maintain required landscaping and trees and/or removal, destruction, or severe pruning of required landscaping or trees.

(J) Installation of newspaper/magazine racks, overnight/postal drop boxes, or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the city and/or failure to properly maintain said items.

(Ord. 2025-01, passed 1-7-2025)

The following standards apply to all development occurring within the C districts and are intended to facilitate highquality development that complements the character of Tulare.

(A) Site design. Design and placement of new buildings must consider the existing built environment of the surrounding area, in particular existing setbacks, building size and massing, and color and materials. Toward this end,

the following objectives shall be considered:

(1) Structures shall be sited in a manner that complements adjacent structures. Where applicable, single and multi-structure sites shall be clustered to create plazas or pedestrian malls. Where clustering is not possible, a visual link between separate structures shall be established, by various means, including stamped concrete walkways, arcade systems, trellises, or other open structures.

• (2) Structures shall be sited to minimize conflicts between pedestrians and vehicle traffic. Structures can be linked to adjoining street sidewalks with textured paving, landscaping, and trellises.

(3) Outdoor spaces between buildings shall be used to provide important pedestrian amenities such as benches, trellises, fountains, artwork, etc.

• (4) Freestanding commercial structures shall be oriented with the main entry towards the street and should have the main facade parallel to the street, to the extent possible.

• (5) Loading facilities shall be located to the side or rear of commercial buildings and shall be screened from view to the extent possible.

(B) Parking and circulation. Design considerations for parking and circulation shall include the location of ingress and egress points, pedestrian and vehicle conflicts, on-site circulation patterns, and service vehicle functions.

• (1) Safe pedestrian circulation systems shall be provided in the design of parking facilities. Pedestrian linkages between buildings in commercial developments should be strongly emphasized.

• (2) Provide on-site vehicle circulation, which utilizes main entrances and avoids awkward turning movements.

• (3) Common driveways are encouraged to provide access to adjacent sites and improve on-site circulation.

• (4) Parking areas shall be generously landscaped to provide interior and perimeter treatments.

• (5) Parking lots shall be separated from buildings by raised sidewalks or curbing, in conjunction with landscaping where appropriate.

(6) Parking driveways (access points) shall be located as far as possible from street intersections to avoid traffic problems. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

(7) Parking lots shall be screened from adjoining streets by the use of low earth berms, walls, landscaping, or a combination of these methods.

• (C) Landscaping.

(1) Landscaping for commercial uses shall be used to define specific areas by helping to focus on entrances to buildings and parking lots, define the edges of various land uses, provide a transition between neighboring properties, and provide screening for loading and equipment areas.

• (2) Landscaping around the entire base of structures is recommended to soften the edge between the parking lot and the building.

(3) Trees shall be located throughout parking lots not simply at the ends of aisles.

(4) Landscaping must be protected from vehicle encroachment by means of raised planting areas, walls, and curbs.

(D) Walls and fences.

(1) To the extent possible, walls shall be designed to blend with the overall architectural character of the site, including material, color, and texture. Where possible, landscaping should be used to soften the appearance of walls.

(2) Walls shall not be blank, long surfaces, but rather should be articulated with intervening pillars, alternating heights, offsetting sections, and materials that provide variety, including material texturing (as with plaster treatments).

(3) Screening fences shall be compatible with the overall site design. Chain link fencing with slats is acceptable for areas not visible from the street. Exterior storage shall be limited to portions of the site least visible to public view. (E) Building design.

(1) Consideration should be given to the height and scale of buildings so that they are compatible with that of surrounding development. The height of new buildings shall transition from adjoining buildings to the maximum building height of the new structure.

(2) Large buildings shall be designed to avoid the appearance of a box-like structure. Methods to achieve this objective include:

(a) Vary the planes of the exterior walls. Walls should not run in one direction for more than 50 feet without an offset.

(b) Vary the height of buildings so that they appear to be divided into distinct massing elements. (c) Articulate the different parts of a building's exterior by use of color and material changes, trim accents, window placement, and other facade elements.

(d) Use of landscaping, including climbing vines, can work to reduce the bulky appearance of buildings. (e) All building faces shall receive architectural treatment, not just the street face of the building. Walls and roof lines should have varied planes. (3) Rooflines should not run in a continuous plane for more than 50 feet without offsetting or jogging the roof plane.

(4) All roof-mounted equipment shall be screened from public view by materials similar to those used in the overall structure. Mechanical equipment should be located below the highest vertical element of the building. (5) Where appropriate, the use of awnings is encouraged. Awning color and form should be consistent. Plexiglas, metal, and glossy vinyl awnings are discouraged, while canvas, fabric, and matte finish vinyl awnings are encouraged. (6) The following standards for building color should be observed:

(a) Where possible, the number of colors appearing on exterior walls should be minimized. Most structures should use no more than three colors.

(b) Large areas of white should be avoided. The use of a subdued dominating color is encouraged, however a bright trim color may be appropriate.

(c) Colors used on new buildings should be complementary to colors used on surrounding existing development unless surrounding buildings use colors that strongly conflict with these standards. (F) Lighting.

(1) Exterior lighting is required to provide illumination for the security and safety of on-site areas such as parking, loading, shipping and receiving, pathways, and other work areas.

(2) The design of light fixtures should be architecturally compatible with on-site buildings.

(3) All light fixtures must be shielded to confine the spread of light within the boundaries of the site, particularly where uses sensitive to exterior lighting are located in close proximity.

(G) Driveways.

(1) Driveways shall conform to city commercial driveway approach standards.

(2) Entrance driveways to major activity centers shall be no closer than 200 feet from the adjacent intersection of a collector or arterial street, measured from the end of the curb return to the nearest edge of the driveway. Entrance driveways for service stations, small commercial properties, or neighborhood shopping centers shall be no closer than 50 feet from the adjacent intersection, measured from the end of the curb return to the nearest edge of the driveway.

(3) Service driveways, or private alleys, provided at the rear of commercial buildings for delivery of goods shall have a minimum width of 25 feet. The City Engineer shall approve all service driveways or private alleys located within 50 feet of a street intersection (measured from the end of the curb return to the nearest edge of the driveway) or other commercial driveway.

(4) All entrance driveways for major shopping centers that provide for left and right turning movements on arterial streets shall have a driveway throat of 100 feet.

(Ord. 2025-01, passed 1-7-2025)

The following guidelines apply to all development occurring within the M districts and are intended to facilitate high-quality development that complements the character of Tulare.

(A) Site design.

(1) For industrial complexes that include multiple buildings (such as an industrial campus), the placement of structures that create opportunities for plazas, courts, or gardens is encouraged. Setback areas may be used to provide space for employee lunch/break areas.

(2) Where industrial uses are adjacent to non-industrial uses, buffering techniques such as setbacks, screening, and landscaping shall be provided to reduce/eliminate any negative impacts of industrial operations.

(B) Parking and circulation. Important design considerations for parking and circulation include the location of ingress and egress points, on-site pedestrian and vehicle traffic circulation patterns, and service functions. The purpose is to ensure efficient circulation, safety, and visual quality.

(1) Site access and internal circulation should be designed in a manner that emphasizes safety and efficiency. Consideration should be given to the separation of employee/customer parking and commercial vehicle operations (trucking, delivery, etc.).

(2) Parking facilities shall be designed so that vehicles can move from one area to another on the same site without entering the street, and with an adequate amount of on-site parking to prevent trucks and other vehicles from parking or idling on public streets.

(3) Separate vehicle and pedestrian circulation systems should be considered in the design of parking facilities. Pedestrian linkages between buildings in multi-structure industrial developments shall be implemented if applicable. To improve vehicle circulation, parking aisles, signs, and drive aisle pavement markings shall identify onsite circulation patterns and should be aligned with vehicle circulation routes.

(4) Facilities shall be designed to provide common driveways to provide access to adjacent sites and improve onsite circulation.

(5) Parking driveways (access points) shall be located as far as possible from street intersections to avoid traffic problems. The number of access points shall be limited to the minimum amount necessary to provide adequate circulation.

(6) Parking lots shall be screened from adjoining streets by the use of low earth berms, walls, landscaping, or a combination of these methods.

(7) Industrial sites shall be designed to accommodate all parking needs generated by the use. The use of the public street for parking, staging, and maintenance of trucks is not permitted. Signs shall be installed in adjacent residential areas noting that facility truck and employee parking and maintenance of trucks is prohibited in residential areas and public streets.

(8) Parking lots shall be designed to accommodate solid waste pick-up service without excessive backing-up of service trucks.

(9) Facilities shall be designed to provide a separate entrance for heavy-duty trucks accessible via designated truck routes or major streets away from sensitive receptors and local residential streets.

(C) Loading facilities.

(1) Loading facilities shall be located out of sight of the public-of-way, to the extent possible. Loading docks are most appropriately located at the rear of buildings, however when the rear of buildings is adjacent to noise-sensitive land uses, loading dock locations should be planned to minimize associated noise impacts on surrounding land uses .

(2) Highly visible loading facilities shall be screened from view particularly if it is not possible to locate them at the rear of the building.

(3) For industrial sites within 500 feet of sensitive receptors, heavy-duty trucks shall have a separate entrance accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses.

(4) Truck entry, exit, and internal circulation shall be located away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.

• (5) Loading facilities shall be located so that vehicles are not required to use public streets backing into loading docks.

• (D) Building design.

(1) Avoid long, blank building facades, particularly on walls visible from the public right-of-way. Facades with varied setbacks are encouraged. If possible, wall planes should not run in one continuous direction for more than 50 feet without an offset.

• (2) All elevations to a building should be architecturally treated to avoid monotonous overall design.

(3) Window and doors are key elements of a structure's form and should relate to the scale of the facade on which they appear. Windows and doors can help establish character by their rhythm, spacing, and variety. Recessed openings further work to provide depth and contrast on elevation planes.

• (4) Metal buildings should be architecturally designed, providing variety and visual interest to the streetscape.

• (5) All roof-mounted equipment shall be screened from public view by materials similar to those used in the overall structure. Mechanical equipment should be located below the highest vertical element of the building.

• (6) Design elements that are undesirable and should be avoided include:

• (a) Highly reflective surfaces.

• (b) Large blank, unarticulated wall surfaces.

• (c) Exposed, treated block walls.

• (d) Poorly designed mansard roofs on a portion of the roofline.

• (e) Materials with high maintenance requirements, such as stained wood or shingles.

• (E) Lighting.

• (1) The design of light fixtures should be architecturally compatible with on-site buildings.

• (2) All light fixtures must be shielded to confine the spread of light within the boundaries of the site, particularly where uses sensitive to exterior lighting are located in close proximity.

• (F) Driveways.

• (1) Driveways shall conform to city industrial driveway approach standards.

• (2) Driveways designed for heavy truck usage shall not exceed 60 feet in width without approval from the City Engineer.

Development Standards165

• (3) Minimum separation between on-site driveways shall be 100 feet.

• (G) Monitored electrified security fences.

• (1) 'Monitored electrified security fence' means a perimeter alarm system with an assembly of battery-powered

equipment, including, but not limited to, a monitored alarm device and an energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system's battery, and other integrated components.

(2) The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business

must first verify the alarm event prior to requesting the deployment of law enforcement.

(3) The design, construction, and use of monitored electrified security fences shall be allowed, subject to the following requirements:

(a) IEC Standard 60335-2-76. Unless otherwise specified herein, Monitored Electrified Security Fences shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.

(b) Power source. The energizer for monitored electrified security fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery is charged by a solar panel.

(c) Perimeter barrier. Monitored electrified security fences shall be installed behind a minimum five-foot-high, maximum seven-foot-high, non-electrified perimeter barrier. On all new fencing, a minimum of six feet high shall apply.

(d) Emergency gate access. Before a monitored perimeter security fence is activated, a Knox device shall be approved by the Fire Department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored electrified security fence is operational.

(e) Setback. The monitored electrified security fence shall be setback four inches to 12 inches from the nonelectrified perimeter barrier.

(f) Height. Monitored electrified security fences shall be a minimum of two feet above the non-electrified perimeter barrier, but in no event, more than ten feet in height.

(g) Warning signs. Monitored electrified security fences shall be clearly identified with warning signs that read: 'Warning-Electric Fence' at intervals of not less than 30 feet.

(4) It shall be unlawful for any person to install, maintain, or operate a monitored electrified security fence in violation of this chapter.

(Ord. 2025-01, passed 1-7-2025)