Chapter 17.40

STANDARDS FOR SPECIFIC USES AND ACTIVITIES

Sections:

• 17.40.010 Accessory dwelling units. 17.40.020 Accessory uses and structures. 17.40.030 Adult-oriented businesses. 17.40.040 Alcohol sales. 17.40.050 Animal keeping. 17.40.060 Automobile and vehicle accessory sales/service. 17.40.070 Community gardens. 17.40.080 Convenience stores. 17.40.090 Day care home – Large. 17.40.100 Drive-through restaurants.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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A. Purpose. This chapter provides for accessory dwelling units on lots developed with single-family dwellings in any residential zone. Accessory dwelling units contribute needed housing to the community’s housing stock. An accessory dwelling unit (ADU) is deemed to be an accessory use and not considered to exceed the allowable density for the lot. Thus an ADU is consistent with general plan density and housing objectives and expands housing opportunities.

B. Applicability. The provisions of this chapter apply to all lots that are occupied with a single-family dwelling and zoned residential. Provisions of this section are intended to comply with state legislation regarding accessory dwelling units as such legislation may be amended over time. When provisions of this section are determined to be in conflict with state law, state law shall supersede these regulations.

• C. Definitions.

“Accessory dwelling unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit may be established in any of the following methods:

1. Located within the living area of an existing single-family dwelling.

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2. Attached as a separate unit to an existing single-family dwelling.

3. Constructed as a detached structure on a lot with an existing single-family dwelling.

4. Conversion of an uninhabited accessory structure such as a garage on a lot with an existing singlefamily dwelling.

“Existing structure” for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any existing primary residence or existing accessory structure such as a garage on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official.

“Living area” means the interior habitable area of a dwelling unit but does not include a garage or any accessory structure.

“Passageway” means a pathway that is unobstructed and extends from a street to one entrance of the accessory dwelling unit.

• D. Development Standards.

  1. General Development Standards.

     • a. ADUs are not intended for sale separate from the primary residence and may be rented.

     • b. Prior to issuance of a building permit for an ADU a covenant of restriction to run with the land shall be recorded which specifies the ADU cannot be sold separately and either the primary dwelling unit or the ADU must be owner-occupied.

c. The lot where the ADU is proposed is zoned for single-family or multifamily use and contains an existing single-family dwelling.

• d. Only one accessory dwelling unit may be created per legal lot.

• e. A minimum lot size of six thousand square feet is required for lots upon which an accessory dwelling unit is to be established.

f. Except as provided for in subsection (B) of this section, ADUs shall comply with the development standards for the zoning district in which they are located, including setbacks, minimum distance between structures, and height limits, but excluding minimum lot area per dwelling unit standards. However, where a lot containing a new detached ADU abuts an alley, the rear setback for the ADU may be reduced to five feet.

• g. No passageway shall be required in conjunction with the construction of an ADU.

• h. The total floor area of a detached ADU shall not exceed one thousand two hundred square feet.

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i. The increased floor area of an attached ADU shall not exceed fifty percent of the existing dwelling living area, with a maximum increase in floor area of one thousand two hundred square feet.

• j. ADUs are subject to local building code requirements that apply to detached dwellings; however, an ADU is not required to have fire sprinklers if they are not required for the primary dwelling.

• k. ADUs are not considered new residential uses for calculating connection fees or capacity charges for utilities, water or sewer service, except as described in the definition for “existing structure” in subsection (C) of this section.

2. ADUs Within Existing Space in the Primary Dwelling, Attached or Detached Garage or Other Existing Accessory Structure.

   • a. No setback shall be required for an existing garage that is converted to an ADU, and a setback of no more than five feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

   • b. No off-street parking is required.

c. Any existing off-street parking spaces that are displaced due to conversion of a garage, carport or covered parking structure are not required to be replaced.

d. There shall be no requirement to install a new or separate utility connection between the ADU and the utility or to impose a related connection fee or capacity charge.

• e. ADUs shall have independent exterior access from the existing residence.

3. Construction of New ADUs – Attached and/or Detached.

   • a. Parking requirements shall not exceed one parking space per unit or bedroom.

   • b. Parking shall not be required in the following instances:

     • i. The ADU is located within one-half mile of public transit.

     • ii. The ADU is located within an architecturally and historically significant district.

     • iii. The ADU is part of the existing primary residence or an existing accessory structure.

     • iv. When there is a car share vehicle located within one block of the ADU.

c. When a garage, carport or covered parking structure is demolished in conjunction with construction of an ADU, any existing off-street parking spaces that are displaced shall be replaced on the same lot. Replacement spaces may be located in any configuration except tandem parking and shall be covered spaces.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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4. Permit Requirements. ADUs shall be permitted ministerially through the city’s site plan review process within one hundred twenty days of application. The planning director shall issue the site plan review approval if all applicable requirements are met in this subsection (D), Development Standards.

5. Findings.

• a. In order to deny an application for an accessory dwelling unit the planning director shall find that the proposed ADU would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

b. The planning director finds that tandem parking is not permitted anywhere in the jurisdiction and as such is not allowed in conjunction with the establishment of an ADU.

6. Appeal. The decision of the planning director shall be final unless appealed pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).

• A. General Development Standards.

1. An accessory use shall be secondary to a primary use or building to which it relates under the same regulations as the main use in any zoning district.

2. Accessory structures shall be designed to be of similar and compatible architecture and materials as the principal structure(s) on the property.

3. Accessory buildings and structures shall be detached from a principal structure on the same lot, and shall not be designed for human habitation (no cooking or kitchen facilities).

4. Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than twenty feet from the main building and connected thereto by a roof of not less than five feet in width.

   5. See Section 17.40.070 for community garden accessory structure regulations.

• B. Agricultural Accessory Structures.

1. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural operation within the A-E, Exclusive Agricultural zone, A-L, Limited Agricultural and/or R-R, Rural Residential zone.

2. Agricultural accessory structures may be built prior to the primary or principal use structure on the same

site.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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3. Agricultural accessory structures shall not exceed twenty-eight feet in height, and shall meet all setback requirements of the zoning district except where Section 17.40.050, Animal keeping, establishes a greater setback requirement for a large animal keeping structure.

• C. Residential Accessory Structures and Uses.

  1. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, swimming pools, workshops, detached covered patios and decks, other similar structures and ground mounted photovoltaic panels. Freestanding bathrooms shall not be permitted as a residential accessory structure.

  2. Residential accessory structures shall not be designed for nor used for human habitation.

  3. Residential accessory structures with individual floor areas greater than one hundred twenty square feet shall be limited to two per residential lot.

4. The floor area of residential accessory structures shall not exceed a cumulative floor area of one thousand square feet, and individual accessory structure floor area shall not exceed twenty-five percent of the principal structure floor area.

5. Residential accessory structure setbacks are as follows:

   • a. Interior side setback: three feet.

   • b. Front setback, same as principal structure on same lot.

   • c. Corner lot street side setback: six feet.

   • d. Rear setback: three feet, except that a detached garage accessory structure with alley access shall require a five-foot rear setback.

6. Residential accessory structures shall not exceed twelve feet in height and shall be limited to one story, except in the R-R and R-E zones which allow two stories and twenty-four feet in height (See Table 2-4).

7. A residential accessory structure shall only be constructed or an accessory use initiated concurrent with or after the construction of the principal structure or initiation of the principal use on the same site. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. The purpose of this subsection is to regulate adult businesses by establishing reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

• B. Applicability.

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1. Adult businesses are permitted, subject to a conditional use permit, only in the heavy industrial land use zone district.

• C. Definitions.

“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law.

D. Development Standards.

1. Location Requirements.

a. No adult-oriented business shall be established or located in any area in the city other than the I-H Heavy Industrial zone, subject to a conditional use permit approval. In those locations where the adultoriented businesses regulated by this subsection would otherwise be permitted uses, it shall be unlawful to establish any adult-oriented business or substantially enlarge an existing adult-oriented business if the location is:

• i. Within two thousand feet of another such business.

• ii. Within one thousand feet of any religious institution, school, or public park.

• iii. Within one thousand feet of any property designated for residential use or used for residential purposes.

b. Measurement of Distance. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the religious institution, school or public park or any property designated for residential use or used for residential purposes. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. This section establishes standards regarding the permitting requirements for businesses involved in the sale of alcoholic beverages.

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B. Applicability. The regulations of this section apply to any use which is subject to a state issued Alcoholic Beverage Control (ABC) license, either on-sale or off-sale.

• C. Development Standards.

  1. Permit Requirements – Uses With Off-Sale ABC Licenses.

     • a. Convenience stores, food stores and other similar stores with ABC licenses and with less than fifteen thousand square feet of floor area shall require a conditional use permit.

b. Supermarkets and retail stores with ABC licenses and with fifteen thousand square feet or more of floor area will require a conditional use permit if located within an over-saturated census tract as defined by the State Department of Alcoholic Beverage Control.

• c. Liquor stores with ABC licenses shall require a conditional use permit.

2. Permit Requirements – Uses With On-Sale ABC Licenses.

   • a. Bars, taverns, cocktail lounges and nightclubs with ABC licenses shall require a conditional use permit.

b. Sit-down restaurants with an ABC license whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food, are exempt from the requirement of a conditional use permit. An incidental bar or lounge may be allowed for the convenience of dining patrons; however, if the bar area exceeds twenty-five percent of the floor area a conditional use permit shall be required. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. This section establishes standards for the location and keeping of large animals, which are animals typically associated with farms or agricultural land uses such as cattle, sheep, goats, or horses.

B. Applicability. The regulations of this section apply in the Rural Residential (R-R), Exclusive Agricultural (A-E) and Limited Agricultural (A-L) zones in which large animal keeping is allowed, subject to the regulations of this section.

• C. Development Standards. In the zones where large animals are permitted, all of the following standards and conditions apply:

1. Breeding, raising and keeping of poultry, birds, rabbits, chinchillas, or fish for domestic use of the resident on the lot is permitted; however, there shall be no killing of animals or dressing of such animals for any purpose.

2. Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted; provided, that any combination of such animals is limited to one animal per one-half acre. No killing or dressing of such animals shall be conducted on the lot.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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3. Pens, coops, stables and other structures housing livestock or poultry shall be at least:

   • a. One hundred feet from the front property line and twenty-five feet from side and rear property lines.

   • b. Corrals and other enclosures shall be no less than thirty feet from dwelling units within the same zoning district or less restrictive agricultural districts, but no less than one hundred feet from division lines separating the R-R district from more restrictive zoning districts. Pastures may be located within the front yard setback for those lots with substantial front yard setbacks.

4. All fencing shall comply with the applicable standards in Section 17.30.030, Fences and walls. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the planning director. Chain link fencing shall not be permitted in a front yard.

5. All development which involves housing or enclosing large animals shall be reviewed by the planning director for compliance with this section and any other applicable statutes, laws and ordinances.

6. Applicant shall allow inspection of animal maintenance facilities by the city of Wasco building inspector, animal control, and by the Kern County Health Department.

7. Any permit issued pursuant to this section may be revoked or modified pursuant to Section 17.52.100, Permit procedures, upon receipt of a recommendation for revocation or modification from the Kern County Health Department, Wasco animal control officer or from the city of Wasco building inspector. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. This section establishes standards for new and used automobile and vehicle sales and service facilities and auto service businesses.

• B. Development Standards. All auto related uses shall be developed in the following manner:

  1. All parts, accessories, etc., shall be stored within a fully enclosed structure.

  2. Service and associated car storage areas, except for vehicle display areas, shall be completely screened from public view.

  3. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-ofway.

  4. All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.

  5. All vehicles associated with the business shall be parked or stored on site and not in adjoining streets, alleys or on landscaped areas (in contrast to planned, hardscape areas for display of vehicles).

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6. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

7. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

8. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. This section establishes standards for community gardens on private and public property within the community.

• B. Definitions.

“Community gardens” are defined as an area of land used to grow and harvest fruits, vegetables, flowers, herbs and ornamental plants by individuals or collectively by members of a group, and may be arranged into multiple plots. This classification does not allow harvesting for commercial sales on or off the premises.

• C. Development Standards.

  1. Hours of operation shall be limited to the hours between sunrise and sunset.

  2. Accessory structures such as storage sheds for tools and other supplies are allowed with a maximum floor area of one hundred twenty square feet and a maximum height of twelve feet.

  3. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are required. All hoses shall be equipped with a positive shut-off or trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.

  4. Composting may be performed on-site within a composting container, in compliance with the following:

     • a. Composted materials shall be only those materials generated on site.

     • b. Composting containers shall be located a minimum of twenty feet from adjacent residential buildings.

  5. Trash and composting receptacles shall be screened from adjacent residential properties by utilizing landscaping, fencing or placed within storage structures.

  6. The property shall have an active utility account for water, trash and green waste removal.

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7. Planting illegal or invasive plants shall be prohibited. (Ord. 706 § 3 (Exh. A), 2019).

• A. Purpose. This section establishes standards for convenience stores within the community.

• B. Definitions.

“Convenience store” is defined as a retail store generally containing less than five thousand square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic.

• C. Development Standards.

  1. Minimum site area shall be ten thousand square feet.

  2. One access drive may be permitted for each street frontage, subject to city engineer approval. Access to state highways is subject to Caltrans approval.

  3. No convenience store shall have a point of entrance that is less than one thousand feet from a

previously approved convenience store, except in such cases when a physical feature such as State Highway 46, serves as a pedestrian barrier that could potentially expose persons to dangerous situations.

4. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

5. The premises shall be kept in a neat and orderly condition at all times.

6. Each convenience store shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted subdivision ordinance standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

7. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 17.40.250. Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands and propane storage area if applicable.

8. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

9. Each convenience store shall provide a public restroom located within the store.

10. On-site video games may not be installed or operated on the premises.

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11. A convenience store adjacent to any residentially designated district shall have a six-foot high decorative masonry wall and landscaping along the property lines adjacent to such districts.

12. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with PCC concrete. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. The provisions of this section apply to large family day care homes (nine to fourteen children), as defined by current state law. These standards shall apply in addition to requirements imposed by the California Department of Social Services and other regulatory agencies.

• B. Development Standards.

1. The operator of a large family day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

2. A large family day care home shall be the primary residence of the care provider, and the day care use shall be incidental and accessory to the use of the property as a residence.

3. Day care facilities shall be located no closer than five hundred feet, in any direction, from an existing day care facility, measured from property line to property line except that they may be located no closer than two hundred fifty feet measured from property line to property line from any existing day care facility not fronting on the same street.

4. The capacity specified on the license shall be the maximum number of children for whom care can be provided.

5. An outdoor play area of no less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

6. All fences or walls shall provide for safety with controlled points of entry.

7. All on-site parking shall be provided pursuant to Chapter 17.36, Off-Street Parking and Loading. Sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard setback; however, it cannot impede access to the off-street parking required to serve the dwelling.

8. The day care facility shall contain a fire extinguisher and smoke detector devices and meet all standards established by the Kern County Fire Marshal.

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9. No day care facility shall be established until an application for a conditional use permit has been submitted to and approved by the planning commission in accordance with the procedure set out in Chapter 17.52. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for drive-through facilities. Each such drive-through business shall be subject to all of the regulations applicable to the permitted use in the zone in which the drivethrough is located and the regulations of this section.

• B. Development Standards. Drive-through facilities shall comply with all of the following:

  1. Pedestrian walkways should not enter through drive aisles, but where they do, they shall have clear visibility, and they must be identified by special paving or striping.

  2. Drive-through aisles shall be a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.

  3. Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum queue of six cars.

  4. Landscaping shall be used to screen drive-through aisles from the public right-of-way and shall be used to minimize visual impact of readerboard signs and directional signs.

  5. Drive-through aisles shall be constructed with Portland cement or other material approved by the city engineer.

  6. Parking areas and the drive-through aisle and structure shall be set back from the ultimate frontage curb face a minimum of twenty feet.

  7. Menu boards shall be a maximum of thirty-two square feet, with a maximum height of eight feet and shall face away from the street or be screened from street view.

  8. No drive-through aisles shall exit directly onto a public right-of-way.

  9. Drive-through restaurant loudspeakers shall not be audible above sixty-five dB at the edge of any adjacent property.

10. Credit for off-street parking: Vehicle stacking spaces within the drive-through lane(s) may be granted credit toward required off-street parking at a maximum rate of fifty percent, at the discretion of the approving entity (planning director or planning commission).

11. Drive-through lanes shall be designed to avoid the blocking of parking stalls and pedestrian access.

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12. All exterior lighting shall be arranged and shielded to prevent any glare, reflection, and any hazardous interference of any kind on adjoining streets or property. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section establishes use and development regulations for emergency shelter facilities in accordance with state law and the city’s adopted housing element. In accordance with state law, local communities have a responsibility to provide adequate sites for emergency shelters that serve homeless individuals and families. The goal of emergency shelters is to address acute needs of individuals and families by providing basic residential facilities and may include programs, which help residents find available social services. Consistent with the findings of the state legislature, the city recognizes the need for and the benefit of temporary housing and services for homeless persons and families. This chapter is intended to allow for the development of emergency shelter facilities subject to location, development and operational standards that minimize potential adverse impacts on nearby properties and the community as a whole.

B. Location of Emergency Shelters. Emergency shelters are permitted in conjunction with religious facilities (churches), subject to the location and permitting restrictions identified in this code. Emergency shelters are further permitted by right in the High Density Residential (R-3), Commercial Retail (C-R) and Service Commercial (CS) zones. Emergency shelters shall not be located within three hundred feet of any other existing emergency shelter facility.

C. Development Standards. In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters and each emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of a church facility as otherwise provided in this code.

1. State and Local Standards Compliance.

   • a. Facility compliance with applicable state and local standards and licensing requirements if required for any program provided in the shelter.

   • b. Compliance with applicable state and local housing, building, and fire code requirements.

2. Operational Characteristics.

   • a. The facility shall have on-site supervision during all hours when the shelter is open.

   • b. Facilities shall provide secure areas for personal property.

   • c. If the emergency shelter is proposed in conjunction with a church facility, the area utilized for emergency shelter facilities may not exceed twenty-five percent of the total floor area used for the religious facility.

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• d. Where a day care facility or elementary or middle school is operated on the same site as an emergency shelter, the day care and school facilities must be separated from the emergency shelter facilities by means to prevent access from one facility to the other.

3. Citywide Number of Beds Limited. At no time shall the number of emergency shelter beds permitted within the city limits be greater than the total number of homeless individuals counted in the most recent point in time homeless count for the Wasco area. If at any point the number of existing permitted beds exceeds the most recent point in time homeless count, no new beds will be permitted.

4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

5. Parking. The emergency shelter shall provide on-site parking at a rate of two spaces per facility for staff plus one space per six occupants allowed at the maximum capacity.

6. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the community development department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical and operational standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning and community development department with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for guest houses which are a permitted use in all residential zones. “Guest house” means living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, a temporary family guest, or persons permanently employed on the premises.

• B. Development Standards.

  1. A guest house shall have no kitchen facilities.

  2. The guest house may be a maximum of twenty percent of the main structure footprint and must comply with the requirements set forth in Table 2-4 for residential development standards.

3. Guest house buildings or structures shall be detached from the principal residential structure on the same lot and incidental to the principal building.

4. Guest house buildings or structures shall be limited to one story except where developed as a second story over a freestanding garage, subject to conditional use permit approval.

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5. Prior to issuance of a building permit for a guest house a covenant of restriction to run with the land shall be recorded which specifies the guest house cannot be sold separately or rented and the primary dwelling unit must be owner-occupied.

6. Separate utility connections for guest houses will not be permitted. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for the conduct of home occupations. In general, a home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would be unaware of its existence. The standards and provisions for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

B. Development Standards. All home occupations shall comply with all applicable requirements and standards identified in this section.

1. Permitted Home Occupations. Home occupations may include, but are not limited to the following:

==> picture [401 x 347] intentionally omitted <==

----- Start of picture text -----
Activity Includes
On-site professional service and Architect, broker, consultant, engineer,
consultation – by appointment only insurance agent, land surveyor,
bookkeeper, accountant, typist, or similar
use as determined by the planning director.
Off-site personal services requiring home Gardening and landscaping service,
office locksmith, and other uses where storage in
vehicle is required, or similar use as
determined by the planning director.
Sales – no door-to-door sales, delivery to Sales representative (including jewelry,
customers only cosmetics, products of domestic
consumption), catalog and telephone sales
only or similar use as determined by the
planning director.
Artisan studio Artist, sculptor, photography studio, author,
composer, weaver, crafts, rug and blanket
weaving, lapidary or similar use as
determined by the planning director.
Group instructional (income producing Small day care or similar use as determined
activities) by the planning director.
----- End of picture text -----

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No home occupation permit shall be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, or religious instruction; provided, that no more than six students are

present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit shall be required for a business using the owner’s or any partner’s home solely as its business address; provided: (a) that there is no signage at the home address; (b) there are no building materials stored at the home address; (c) that no manufacturing takes place at the home address; (d) that in the course of doing business, no employees or customers appear at the home address to transact business.

2. Operating Standards. Home occupations shall comply with all of the following operating standards:

   • a. The home occupation shall not alter the appearance of the dwelling unit.

   • b. There shall be no displays, sale or delivery of merchandise or advertising signs on the premises.

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

• d. There shall be no advertising which identifies the home occupation by street name.

e. The home occupation shall be confined completely to one room located within the dwelling. It shall not occupy more than twenty-five percent of the gross area of one floor of the residence. No portion of any garage, carport or other accessory structure shall be used for home occupation purposes, other than for storage which does not impair required parking in the garage.

• f. Only one vehicle no larger than a three-fourth-ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

g. No external alterations or construction features can be made to accommodate a home occupation nor can any change be made which would change the fire rating of the structure or the fire district in which the structure is located.

h. There shall be no use or storage of material or mechanical equipment, either indoor or outdoor, not recognized as being part of a normal household or hobby use.

• i. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

j. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances.

• k. Only the occupants of the dwelling may be engaged in the home occupation.

l. The home occupation shall not require the services of commercial carrier freight deliveries at the site in a frequency greater than what is normally found in a residential area.

m. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

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n. No business license shall be issued until a home occupation permit is obtained, pursuant to the municipal code.

• o. A home occupation permit shall not be transferable.

• p. There shall be no more than one home occupation in any dwelling unit.

• q. If the home occupation is to be conducted on rental property, the property owner’s written

authorization for the proposed use shall be obtained prior to the submittal of a home occupation permit.

3. Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

• a. Antique shop;

• b. Auto repair;

• c. Barber and beauty shop;

d. Businesses which engage in the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

• e. Cabinet making;

• f. Reserved;

• g. Funeral chapel or funeral home;

• h. Kennel;

• i. Medical and dental offices, clinics, and laboratories;

• j. Mini-storage;

• k. Repair, fix-it or plumbing shops;

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

• m. Vehicle repair (body or mechanical), upholstery and painting;

• n. Welding and machining;

• o. Any other use determined by the planning director to not be incidental nor compatible with residential activities.

4. Application. The conduct of a home occupation requires the approval of the planning director who may establish conditions to further the intent of this section. An application for a home occupation permit shall be in a form prescribed by the planning director, shall be filed with the department, and shall follow the site plan

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and design review process pursuant to Chapter 17.52. All permitted home occupations shall fall under one of the five listed categories in subsection (B)(1) of this section, or be a prohibited use pursuant to subsection

(B)(3) of this section. No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning director as being consistent with the requirements of this chapter in accordance with the procedures set out in Section 17.52.060.

5. Revocation. A home occupation permit (permit) may be revoked or modified by the planning director if any one of the following findings can be made:

   • a. That the use has become detrimental to the public health, safety or traffic or constitutes a nuisance.

   • b. That the permit was obtained by misrepresentation or fraud.

   • c. That the use for which the permit was granted has ceased or was suspended for six or more consecutive calendar months.

   • d. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this section.

   • e. That one or more of the conditions of the home occupation permit have not been met.

   • f. That the use is in violation of any statute, ordinance, law or regulation. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for mini-storage facilities. (“Mini-storage” means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.)

• B. Development Standards. Mini-storage facilities shall comply with all of the following:

  1. The minimum site area shall be twenty thousand square feet.

  2. The site shall be entirely paved, except for structures and landscaping (vehicular storage areas may have alternative surfacing subject to city approval).

3. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

4. The site shall be completely enclosed within a six-foot high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access) which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.

5. No business activity shall be conducted other than the rental of the storage spaces for inactive storage

use.

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6. All storage shall be located within a fully enclosed structure(s).

7. No flammable or otherwise hazardous materials shall be stored on site.

8. Residential quarters for a manager or caretaker may be provided in the development.

9. The development shall provide for two parking spaces for the manager/caretaker, and a minimum of two spaces located adjacent to or in a close proximity to the manager’s quarters for customer parking.

10. Aisle width shall be a minimum of twenty feet between buildings to provide unobstructed and safe circulation.

11. Trash receptacles shall be located on the premises in a quantity and manner approved by the city. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

12. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday and 9:00 a.m. to 9:00 p.m. on Sundays. (Ord. 723 § 1, 2023; Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for mobilehomes and manufactured housing when used as a single-family dwelling.

• B. Development Standards. Mobilehomes and manufactured housing are permitted on individual residentially zoned lots, subject to site plan review approval, and shall comply with all of the following:

  1. Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

  2. Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with applicable codes in all residential zones.

3. The planning director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking, and any other criteria determined appropriate by the planning director. If individual codes, covenants and restrictions governing development within a subdivision are applicable, and more restrictive than those imposed by this chapter, the codes, covenants and restrictions shall prevail.

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4. The following design standards shall govern the installation and construction of manufactured and mobilehomes:

   • a. All homes shall have a minimum eave dimension of eighteen inches.

   • b. All roofing and siding shall be of similar materials to dwelling structures on adjacent properties excepting that siding and roofing shall be nonreflective and shall be installed from the ground up to the roof.

   • c. All roofs shall have a minimum pitch of 1:4.

   • d. All homes shall have a minimum width (across the narrowest portion) of twenty feet.

   • e. Not more than ten years shall have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install said manufactured home.

   • f. The main floor of any proposed mobile and/or manufactured home shall be a maximum of eighteen inches above grade.

g. All new mobile and/or manufactured homes shall be required to have skirting of either concrete cinder blocks or similar material. No prefabricated metal, vinyl, wood, etc., skirting shall be permitted. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for mobilehome park development. Mobilehome parks are defined as an area or tract of land where two or more lots are rented or leased or held out for rent or lease, but not divided as owner occupied lots, to accommodate mobilehomes.

B. Development Standards. Mobilehome parks are subject to conditional use permit approval and shall comply with all of the following:

1. Individual mobilehome space minimum setbacks shall be measured from the edge of internal private streets and space lines.

2. Maximum mobilehome space coverage (mobilehome and its accessory structure) shall be seventy-five percent.

3. Each mobilehome shall be equipped with skirting or provided with a support pad which is recessed to give the appearance of the mobilehome being located on grade.

4. All on-site utilities shall be installed underground in accordance with the city of Wasco improvement standards.

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5. The mobilehome park shall be provided with parking as required by Chapter 17.36, Off-Street Parking and Loading.

6. A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants, owners and their invited guests. The area shall be provided in one common location with a minimum aggregate area of four hundred square feet of recreational space per mobilehome space or lot.

7. All exterior boundaries of the mobilehome park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height and include landscaping pursuant to this chapter.

8. Common open space shall be landscaped in accordance with a landscape plan approved by the planning director consistent with Chapter 17.34.

9. All mobilehome park or subdivision developments shall provide open space recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or day care facilities. The types of amenities shall be approved by the planning director and provided according to the following schedule:

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----- Start of picture text -----
Dwelling Units Amenities
0 – 9 0
10 – 50 1
51 – 100 2
101 – 200 3
201 – 300 4
----- End of picture text -----

Add one amenity for each one hundred additional units or fraction thereof.

10. Landscaped setback easements shall be provided along the periphery of the mobilehome development and shall be fifteen feet in width for all sides adjacent to public right-of-way. The interior edge of this landscape easement (and not the edge adjacent to the public right-of-way) shall be used for setback purposes.

11. Mobilehomes shall have individual space setbacks as follows:

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----- Start of picture text -----
Front 15 ft.
Side 5 ft.
Street side 10 ft.
Rear 5 ft.
Rear yard through lot 15 ft.
----- End of picture text -----

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12. Mobilehomes shall be limited in height to one story or fifteen feet, whichever is less.

13. Minimum distance between mobilehomes and mobilehome accessory structures shall be ten feet.

14. All fences and walls shall be no taller than four feet within the required front yard space setback and no taller than seven feet within the required side and rear yard space setbacks. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for multifamily residential development. Multifamily development is defined as three or more dwelling units on a single parcel including triplex, fourplex, or other multifamily configurations. Units may be attached or detached and may include condominiums.

• B. Development Standards. Multifamily development shall comply with the following requirements:

1. Multifamily developments shall provide fifteen percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way, vehicle parking or maneuvering areas, areas adjacent to or between any structures less than fifteen feet apart, setbacks, patio or private yards.

2. Each dwelling shall have a private (walled) patio or balcony not less than fifty square feet in area or ten percent of the dwelling unit (whichever is less), and the patio or balcony shall not be used for storage.

3. All multifamily developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type and number of amenities shall be approved by the planning director and provided in accordance with the following schedule:

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----- Start of picture text -----
Dwelling Units Amenities
0 – 4 0
5 – 11 1
12 – 50 2
51 – 100 3
> 100 3 plus 1 additional amenity required for
every 50 additional units above 100
----- End of picture text -----

4. If laundry hookups are not provided in each dwelling unit, common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided at a rate of at least one washer and one dryer for each five dwelling units.

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5. Multifamily Site Planning.

a. Building Articulation. Long, unbroken façades and box-like forms shall be avoided. Building façades shall be broken up to give the appearance of a collection of smaller structures. To the extent possible, each of the units shall be individually recognizable. This can be accomplished with use of balconies, setbacks and projections which help articulate individual dwelling units or collections of units, and by the pattern and rhythm of windows and doors. Wall planes shall be offset no less frequently than every thirty-two feet and rooflines shall be articulated with varying heights.

b. Clustering of Units. The following design techniques shall be considered and implemented whenever possible:

• i. Varying front setbacks within same structure;

• ii. Staggered and jogged unit planes;

• iii. Use of reverse building plans to add variety;

• iv. Maximum of two adjacent units with identical wall and rooflines.

c. Project Entries. Project entries shall provide direct visibility to the project with landscaping, recreational facilities and project directories. Special attention is to be given to the hardscape and landscape treatments to enhance the overall project image at project entries.

d. Entry Drives. The principal vehicular access into a multifamily housing project shall be through an entry drive rather than a parking drive.

• e. Garages.

  • i. Individual parking garages within residential structures shall be enclosed behind garage doors;

  • ii. Garages with parking aprons less than twenty feet in length or width shall have automatic garage door openers and/or sectional roll-up doors.

f. Carports. Where carports are utilized, they shall follow the same criteria for spatial arrangement as parking courts. Carports may be incorporated with patio walls or used to define public and private open space, but incorporating carports into exterior project walls adjacent to streets shall be prohibited. The ends of each cluster of carports shall be landscaped.

g. Pedestrian Access From Parking. Landscape bulbs shall align with major building entrances to provide pedestrian access to the building entrance from a parking court or drive. Bulbs that align with entrances shall include a pathway as well as a vertical landscape or architectural element, for example, a trellis or a tree.

h. Open Space. Residents of housing projects shall have safe and efficient access to usable open space, whether public or private, for recreation and social activities. The design and orientation of these areas

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shall take advantage of available sunlight and shall be sheltered from the noise and traffic of adjacent streets or other incompatible uses.

Required common open spaces shall be conveniently located for the majority of units. Private open spaces shall be contiguous to the units they serve and screened from public view. Projects shall have secure open spaces and children’s play areas that are visible from the units.

i. Planted Areas. All areas not covered by structures, drives, parking or hardscape shall be appropriately landscaped. Such planted area shall include trees at a rate of one tree, with a minimum trunk diameter of two inches at four feet above finished grade at time of planting per five hundred square feet of planted area, or such greater amount in order to achieve fifty percent shading in ten years.

j. Refuse Storage/Disposal. Trash bins shall be fully enclosed in accordance with the city of Wasco improvement standards. Said enclosures shall be landscaped on their most visible sides. Locations shall be conveniently accessible for right-hand-side trash collection and maintenance and shall not block access drives during loading operations.

k. Support Facilities. Any support structures within multifamily residential projects such as laundry facilities, recreation buildings and sales/lease offices shall be consistent in architectural design and form with the rest of the complex. Temporary sales offices shall also be compatible with these guidelines.

l. Mailboxes. Where common mailbox services are provided, they shall be located close to the project entry, or near recreational facilities. The architectural character shall be in similar form, materials and colors to the surrounding buildings. Mailbox locations must be approved by the U.S. Postal Service.

m. Security. Multifamily projects shall be designed to provide a maximum amount of security for residents and visitors. Parking areas shall be well lit and located so as to be visible from residential units. Landscaping shall be planned and maintained to provide views into open space areas.

6. Multifamily Architecture. The design of multifamily developments shall comply with the requirements of the underlying zone district and the following:

   • a. Façade and Roof Articulation. Structures containing three or more attached dwellings in a row shall incorporate at least one of the following:

i. For each dwelling unit, at least one architectural projection not less than two feet from the wall plane and not less than four feet wide shall be provided. Such projections shall extend the full height of single-story structures, at least one-half the height of a two-story building, and two-thirds the height of a three-story building;

ii. A change in wall plane of at least two feet in depth for at least twelve feet in length for each two units shall be provided.

• b. Materials. Piecemeal embellishment and frequent changes in materials shall be avoided.

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c. Balconies, Porches and Patios. Balconies, porches and patios shall be required. These elements shall be integrated to break up large wall masses, and to offset floor setbacks.

d. Dwelling Unit Access. The use of long, monotonous access balconies and corridors which provide access to five or more units shall be avoided. Instead, access points to units shall be clustered in groups of four or less. To the extent possible, the entrances to individual units shall be plainly visible from nearby parking areas. The use of distinctive architectural elements and materials to denote prominent entrances shall be used.

e. Exterior Stairs. Simple, clean, bold projections of stairways shall be used to complement the architectural massing and form of the multifamily structure. Stairways shall be of smooth stucco, plaster or wood, with accent trim of complementary colors. Thin-looking, open metal, prefabricated stairs are prohibited.

f. Carports, Garages and Accessory Structures. Carports, detached garages, and accessory structures shall be designed as an integral part of the architecture of projects. They shall be similar in materials, color and detail to the principal structures of the development. Carports may utilize flat roofs but shall not project above any exterior walls adjacent to public streets, and shall be located in parking courts to the rear of buildings. Prefabricated metal carports shall not be used unless the exterior façade is made to match the exterior façade of the buildings.

Where garages are utilized, doors shall appear to be recessed into the walls rather than flush with the exterior wall. Their design shall be simple and unadorned.

g. Solar Panels. Solar panels, when used, shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match the roof colors. Natural aluminum finish is strongly discouraged. Any mechanical equipment shall be enclosed and completely screened from view.

h. Mechanical and Utility Equipment. All mechanical equipment whether mounted on the roof or ground shall be screened from view. Utility meters and equipment shall be placed in locations where they are not exposed to view from the street or they shall be suitably screened. All screening devices shall be compatible with the architecture and color of the adjacent structures.

i. Antennas. All antennas shall be placed in attics or building interiors. All new units shall be pre-wired to accept cable reception. Satellite dish antennas are specifically prohibited on roofs and shall be considered early in the design process in terms of location and any required screening.

7. Multifamily Infill in Single-Family Neighborhoods. If multifamily projects are located in existing neighborhoods, they shall be compatible with adjacent structures and fit within the context of the existing neighborhood. Minimum requirements include the following:

a. Front Yard Setbacks. Front yard setbacks for new multifamily projects are pursuant to the requirements of the base zone district (shown on Table 2-5) and if setback average is used, the setback shall be equal to or greater than the average setbacks for the two adjacent properties.

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b. Architectural Compatibility. New multifamily development in existing neighborhoods shall incorporate architectural characteristics and maintain the scale of existing structures on the property and surrounding development, by incorporating window and door detailing, façade decoration, materials, color, roof style and pitch, porches and other features that are compatible. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for planned residential development and small lot subdivisions which may include attached and detached single-family dwellings. The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well-planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate uses of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development through the encouragement of integrated planning and design.

• B. Development Standards. All such projects shall conform with the following design requirements:

1. Density. The underlying residential use district and overlay district shall determine the maximum number of dwelling units allowed in a planned unit development or small lot subdivision. When a parcel or parcels has more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area.

2. Site Coverage. Structures shall not occupy more than forty percent of the gross site area for single-family detached units, and sixty percent for zero lot line and patio homes.

3. Height. Detached single-family structures shall not exceed two and one-half stories, or thirty-five feet. Attached single-family structures shall not exceed two and one-half stories or thirty-five feet. If more than two units are attached, the multifamily development standards shall apply.

4. Setbacks. The minimum setback from the project perimeter shall be determined by setbacks related to the street functional classification or twenty-five feet whichever is less. Setbacks between dwelling units in planned unit developments (cluster developments) shall be determined by the base zoning district.

5. Open Space. All planned residential developments with twelve or more dwelling units shall provide thirty percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way; vehicle parking and maneuvering areas; areas adjacent to or between any structures less than fifteen feet apart; setbacks; patios and private yards.

6. Amenities. All planned residential developments shall provide recreational amenities within the site which may include a: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or day care

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facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:

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----- Start of picture text -----
Dwelling Units Amenities
0 – 11 1
12 – 50 2
51 – 100 3
101 – 200 4
201 – 300 5
----- End of picture text -----

Add one amenity for each one hundred additional units or fraction thereof.

7. Private streets shall not be allowed pursuant to the city of Wasco subdivision ordinance, Title 16.

8. Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes. No lot or dwelling unit in the development shall be sold unless a corporation, homeowner’s association, assessment district or other approved appropriate entity has been legally formed with the right to assess those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, and landscaping. Conditions, covenants and restrictions (CC&Rs) may be developed and recorded for the development subject to the review and approval of the city attorney. The recorded CC&Rs shall not be under the jurisdiction of the city for enforcement. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the city engineer. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. It is the policy of the city of Wasco, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereinafter Acts), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

• B. Findings. The city council finds and determines that:

  1. The federal Fair Housing Amendment Act of 1988 and California’s Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and

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zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

2. The Wasco housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.

3. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.

4. This chapter is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs.

C. Applicability. A request for reasonable accommodation may be made by any person with a disability, the person’s representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.

D. Application Requirements. Request for reasonable accommodation shall be submitted on an application form provided by the planning division or in the form of a letter to the planning division and shall contain the following information:

1. Application Material.

   • a. The applicant’s name, address and telephone number.

   • b. Address of the property for which the request is being made.

   • c. The current use of the property.

• d. The basis for the claim that the individual is considered disabled under the Acts.

  • e. The code provision, regulation or policy from which reasonable accommodation is being requested.

  • f. What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.

2. Processing Fee.

a. The applicant shall pay a processing fee to the city as adopted by resolution of the city council. The amount of the processing fee shall reasonably represent the actual cost of processing the application. The applicant may apply for a fee waiver, which may be granted at the discretion of the city council.

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If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.

• E. Review Authority.

  1. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.

2. Other Review Authority. If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.

• F. Review Procedures and Findings.

  1. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.

2. Other Review Authority. The determination on whether to grant, grant with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision. The determination shall then be provided in writing to the applicant.

3. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:

   • a. Whether the housing, which is the subject of the request, will be used by a disabled individual.

   • b. Whether the accommodation requested is necessary to make specific housing available to a disabled individual.

c. Whether the requested accommodation would impose an undue financial or administrative burden on the city, in which instance it would not be deemed to be reasonable.

d. Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning, in which instance it would not be deemed to be reasonable.

• e. Potential impact on surrounding uses.

• f. Physical attributes of the property and structures.

• g. Alternative accommodations which may provide an equivalent level of benefit.

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4. Conditions of Approval. In granting a request for reasonable accommodation the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

G. Appeal of Determination. A determination by the review authority to grant, grant with modifications or deny a request for reasonable accommodation may be appealed, pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for recreational vehicle storage facilities. These types of facilities may be incorporated into a multifamily or planned residential development or developed as a separate business facility.

• B. Development Standards. All such projects shall conform with the following design requirements:

1. Centralized storage areas shall be provided for recreation vehicles, boats, etc., at a minimum rate of one space for each six dwelling units if included as part of residential development. Any fractional space requirement shall be construed as requiring one full storage space pursuant to Chapter 17.36, Off-Street Parking and Loading.

2. Individual storage spaces shall measure not less than twelve feet by thirty feet, and shall have direct access to a driveway with a minimum paved width of twenty-five feet.

3. Storage areas shall be paved and drained.

4. Storage areas shall be completely screened from exterior view by the combination of landscaping,

masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the planning director. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for structures originally constructed as a singlefamily residence which are proposed for conversion to low intensity office use.

• B. Development Standards. All such projects shall conform with the following design requirements:

  1. The building elevations and the landscaping between the front property line and the building front shall be maintained in their residential character.

  2. Wherever possible, parking shall be provided to the rear or side of the structure.

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3. Any trees with a breast height diameter (BHD) of six inches or greater shall be preserved. If it becomes necessary to remove such tree, each tree removed shall be replaced with a thirty-six-inch box tree at a rate of one per one removed.

4. If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

5. Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required where feasible.

6. Parking spaces shall be provided as determined by Chapter 17.36 and at project review. Landscaping and/or parking requirements may be reduced in accordance with Section 17.52.100 upon the planning director’s approval in order to preserve the character of the design district.

7. Tandem parking shall not be allowed.

8. Loading spaces shall not be required.

9. Signs shall be permitted in accordance with the C-O zone.

10. The structure shall be made to conform to the provisions of the Uniform Fire Code and the Uniform Building Code and appropriate occupancy requirements for commercial structures.

11. Trash receptacles shall be placed to the rear of structures and be screened from view. Location and size of receptacles will be determined at project review. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides design requirements for residential development within subdivisions. It is the intent of this section to require a variety of single-family residential development types, which are innovative in design and compatible with surrounding neighborhoods while being conducive to creating a balanced housing market in the city.

• B. Development Standards. Residential subdivision development shall comply with the following requirements:

  1. Houses within new residential subdivisions situated on lots deeper than one hundred feet shall have a minimum five-foot variation in the front yard setback from twenty to thirty feet. No more than two houses with the same front yard setback shall be placed on adjacent lots.

2. The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile or a twenty-five-year minimum architectural style composition shingle with dimensional variations. A minimum of fifteen percent of the houses within an approved subdivision shall have concrete or approved tile roofs. All

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other proposed roofing materials shall be subject to review and approval by the city of Wasco planning director.

3. All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance. Uniform materials and consistent style should be evident within a development in all exterior elevations. Secondary materials should be used to highlight building features and to provide visual interest.

4. All houses within new subdivisions shall provide decorative lighting on both sides of the garage or shall provide lighting under the eave of the garage.

5. All residential mechanical equipment shall be ground mounted and not be visible from street frontage.

6. The second story of a two-story residence shall be situated to the rear of the house and is permitted by right in a new subdivision. The addition of a second story of an existing residence or the construction of a new two-story home in an established neighborhood shall be subject to a conditional use permit to ensure that the design of the second story will provide privacy for adjacent single-family residences.

7. All fences shall meet the minimum requirements of the base zone district. Materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. Fencing shall not be chain link and shall not exceed the heights as established under Table 3-1.

8. If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as follows:

Table 4-1. Residential Floor Plan and Elevation Guidelines

==> picture [451 x 220] intentionally omitted <==

----- Start of picture text -----
Min. No. of Elevations per
Number of Single-Family Min. No. of Bldg. Floorplans
Bldg. Floorplan (excludes
Dwellings (excludes reverse plans)
reverse plans)
1 – 3 1 1
4 – 8 2 2
9 – 18 3 2
19 – 36 3 3
37 – 60 3 4
61 – 99 4 4
100+ 4 for the first 100 houses, plus 1 4
for each 20 houses over 100
----- End of picture text -----

Notes:

• The required number of building elevations may be reduced by one for every two building footprints

• added to the required minimum number specified above.

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9. No two identical elevations shall be placed side by side within a subdivision:

   • a. All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance diversity.

10. Color.

• a. The use of varying building body colors and complementary accent and trim colors is considered to meet the intent of this chapter,

• b. The use of bright or garish colors (i.e., fluorescent “hot” or “day-glow” colors) shall not be permitted,

• c. Using building materials in their natural state, such as brick or stone, is strongly recommended.

11. The following defines the landscaping requirements for all new residential developments and existing residential uses that have had or propose substantial improvements as defined in Chapter 17.90, Definitions:

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

b. All new residential developments shall provide landscaping and automatic irrigation in the front yard setback area.

c. The front yard setback shall be landscaped with drought-tolerant plant materials and two trees, which shall be planted a minimum of ten feet from any common property line; provided, however, that one street tree shall be planted per residential lot in any required parkstrip landscaping. This would reduce the number of required trees in the front yard setback outside of the landscape parkstrip from two to one.

• d. All landscaping shall be watered by an automatic irrigation system.

• e. All sod shall be uniformly cut and fully mature prior to installation.

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

• g. All new trees shall be required to have heavy-weight tree stakes to provide support.

h. All landscaping and irrigation required under these standards shall meet state WELO requirements and be installed prior to issuance of a certificate of occupancy. (Ord. 706 § 3 (Exh. A), 2019).

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A. Purpose and Applicability. This section outlines the city’s policy on the protection of viable agricultural lands and agricultural operations and the city’s intent to recognize the right to continue such agricultural operations even when they may create nuisance impacts on adjoining nonagricultural land uses.

B. Definitions. As used in this chapter:

“Agricultural land” means all real property currently used for agricultural operations.

“Agricultural operations” means the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers or transportation to market. This does not include the cultivation of cannabis.

C. Policy Statement.

1. It is the policy of the city of Wasco to preserve, protect and encourage the use of viable agricultural lands for the production of food and other agricultural products. It is the further intent of the city to provide notification of the city’s recognition and support of persons’ and/or entities’ right to farm.

2. Where nonagricultural land uses extend into agricultural lands or exist side by side, agricultural operations frequently become the subject of nuisance complaints.

Such nuisance complaints may result in the curtailment or cessation of agricultural operations and discourage investment in such operations. It is the purpose of this subsection to reduce the loss of agricultural operations by clarifying the circumstance under which agricultural operations may be considered a nuisance. This subsection is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provisions of state law relative to nuisances. Rather it is only to be utilized in the interpretation and enforcement of the provisions of city codes and regulations.

3. This subsection is also intended to promote a good neighbor policy by advising purchasers adjacent to or near agricultural operations of the inherent potential problems associated with such a purchase. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosure, purchasers will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions as the natural result of living or working in or near agricultural areas.

but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosure, purchasers will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions as the natural result of living or working in or near agricultural areas.

D. Nuisance. No agricultural activity, operation, or facility conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations and in compliance with all federal, state, and local laws and regulations shall be or become a nuisance, public or private, pursuant to this code.

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E. Disclosure. The approval of parcel maps, tentative maps or vesting tentative maps adjacent to or near agricultural lands shall require the owner/developer or successors in interest to notify all purchasers of lots within the project site of the nature and extent of existing agricultural activities, operations, and facilities in the vicinity of the project site. If the first purchaser of a lot is a builder, this requirement shall be extended so that the actual and ultimate homeowner receives the notice. This disclosure shall also provide notice of the potential conflicts or effects of typical agricultural activities including, but not limited to, noise, odors, dust, agricultural spraying, agricultural burning, etc. Furthermore, notice shall be provided that, pursuant to California Civil Code Section 3482.5, typical agricultural activities shall not be considered a nuisance except as otherwise provided in that Civil Code section. (Ord. 706 § 3 (Exh. A), 2019).

• A. Purpose and Applicability. This section provides design requirements for senior citizen/congregate care and senior group housing developments over six persons/beds, subject to conditional use permit approval.

• B. Development Standards. Senior group housing developments shall comply with the following requirements:

  1. A bus turnout and shelter on the on-site arterial or collector frontage shall be dedicated if the project is located on a bus route as determined by the planning director.

  2. The parcel upon which the senior group housing is to be established shall conform to all standards of the underlying land use district.

  3. The senior/group housing shall conform with all local, state and federal requirements.

  4. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to the Uniform Building Code.

  5. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (i.e., safety bars, etc.) as well as emergency signal/intercom systems as determined by the planning director.

6. Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.

7. Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal one hundred square feet for each living unit.

8. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided. The facilities shall have keyed access for tenants only.

9. The project shall be designed to provide maximum security for residents, guests and employees.

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10. Trash receptacles shall be provided for on the premises and be of sufficient size and number as determined appropriate by the public works director.

11. The city may require a traffic study for senior citizen, congregate care, and/or group quarter facilities located in R-2 or less intensive residential zones. (Ord. 706 § 3 (Exh. A), 2019).

• A. Purpose and Applicability. This section provides design requirements for new service stations (gasoline) and service station conversions, subject to applicable discretionary approvals.

• B. Development Standards – New Service Stations.

  1. New service stations shall be permitted only at the intersections of arterial, state highway and collector streets. A maximum of one service station shall be permitted at each intersection. The use shall not face a residential land use district.

  2. The minimum parcel size shall be ten thousand square feet, with a minimum street frontage of one hundred feet on each street.

  3. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

     • a. The dispensing of petroleum products, water and air from pump islands,

     • b. The provision of emergency service of a minor nature,

     • c. The sale of items via vending machines shall be placed next to the main structure in an area not to exceed thirty-two square feet and shall be screened from public view.

4. Pump islands shall be located behind the front yard setback line, or twenty-five feet from a street property line, whichever is greater; however, a canopy or roof structure over a pump island may encroach up to three feet in the required setbacks. The maximum number of points of ingress/egress to any one street shall be two except in the case of state highways where a maximum of one shall be permitted.

5. There shall be a minimum distance of one hundred feet between curb cuts along a street frontage.

6. No driveway shall be located closer than fifty feet to the curb return, except in the case of a state highway where the minimum distance shall be one hundred feet.

7. The width of a driveway shall comply with city of Wasco improvement standards.

8. On-site parking shall comply with Chapter 17.36.

9. Outside storage of motor vehicles shall be prohibited.

10. No vehicles may be parked on sidewalks, parkways, driveways or alleys.

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11. No vehicle may be parked on the premises for the purpose of advertising same for sale.

12. Landscaping shall comprise a minimum of five percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the following regulations and those contained in Chapter 17.34:

• a. A minimum five-foot wide planter shall be provided along interior property lines, except for openings to facilitate vehicular circulation to adjacent properties,

b. A planter area of not less than two hundred square feet shall be provided at the corner of two intersecting streets. Landscaping shall have clearance below six feet and above thirty inches,

c. A minimum of fifty square feet of planter area shall be located along those portions of the main structure fronting on a public street,

• d. Additional landscaping may be required to screen the service station from adjacent properties.

13. Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

14. No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

15. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

16. Lighting shall comply with city of Wasco improvement standards for on-site and off-site illumination; provided, however, that canopy luminaires, and lights in excess of one hundred fifty watts should not be visible from the public right-of-way or adjoining properties.

17. Restroom entrances should be located within the structure; however, if access is from the outside of the structure, the view from adjacent properties or public rights-of-way shall be concealed by planters or decorative screening.

18. Noise from bells or loudspeakers shall not exceed sixty-five decibels at the property line at any time.

19. All parking, loading, circulation aisles and pump island bay areas shall be constructed with Portland cement concrete.

C. Development Standards – Service Station Conversions. A structure originally constructed as a service station and which is proposed for conversion to another allowable use, regardless of current use, shall require upgrading and remodeling for such items as, but not limited to, removal of all gasoline appurtenances, removal of canopies, signage, removal of pump islands, removal of gas tank, removal of overhead doors, nonconforming structures,

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additional street improvements to conform to access regulations, exterior remodeling, and any additional standards as required by this zoning ordinance. (Ord. 706 § 3 (Exh. A), 2019).

• A. Purpose and Applicability. This section provides design requirements for single room occupancy facilities, subject to applicable discretionary approvals.

• B. Development Standards. Single room occupancy (SRO) facilities are subject to the following standards:

  1. SROs shall not be located within five hundred feet of a parcel which has a school for children, adult bookstore or theater or liquor store.

  2. SROs shall be located within one-fourth mile of a bus stop and/or have an adequate bus/dial-a-ride turnout bay adjacent to the site.

  3. SROs shall comply with the parking requirements set forth in Chapter 17.36.

  4. Any design of an SRO project shall coordinate with and complement the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area this should be reflected in the design and scale of the SRO project.

  5. An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided near an entry located adjacent to the front entry/desk area.

6. Exterior common areas and/or open courtyards shall be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the residents. Exterior common areas, including parking areas, should be illuminated. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose and Applicability. This section provides standards for the location and development of temporary storage containers (cargo/shipping containers) and outdoor storage. Temporary storage containers shall be subject to temporary use permit approval per Section 17.40.280.

• B. Development Standards – Storage Containers.

  1. Storage containers shall have minimum setbacks of five feet from side and rear property lines. Storage containers shall not be located in any front setback area.

  2. Storage containers are allowed as a temporary use, subject to a temporary use permit approval, which shall define the length of time the storage container may remain on a property.

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3. Only one storage container is permitted on residential properties.

4. On nonresidential properties with twenty thousand square feet or less, only one container is permitted. On properties with more than twenty thousand square feet of area two containers are permitted. In no case shall there be more than two storage containers on a single property or development site.

5. Storage containers utilized for construction-related storage shall be allowed on nonresidential properties for the duration of construction activities and shall be considered a component of a construction yard.

6. On residential properties storage containers shall be limited to a maximum size of twelve feet in length, eight feet in width, and eight feet in height.

7. On nonresidential properties storage containers shall be limited to a maximum size of twenty feet in length, eight feet in width, and eight feet in height. Such containers shall not be stacked on top of another container.

   8. All storage containers shall be maintained in a clean and orderly manner, free from graffiti.

• C. Development Standards – Outdoor Storage.

  1. Outdoor storage areas shall be entirely enclosed by a solid wall or opaque fencing as approved by the planning director, with a minimum height of six feet and a maximum height of eight feet.

  2. Materials within the storage area shall not be higher than the wall or fencing, except where authorized by site plan review approval or other applicable approval for the storage area.

  3. Where an outdoor storage area abuts a public street right-of-way, the required wall of fencing shall be set back from the right-of-way as required by the applicable zoning district, and the setback area shall be landscaped subject to site plan review approval or other applicable approval.

  4. Outdoor storage shall not be permitted in any residential zoning district. (Ord. 706 § 3 (Exh. A), 2019).

A. Purpose. The purpose of this section is to establish standards for short-term activities, special events and temporary uses on public or private property. The temporary use permit shall allow for short-term activities, typically less than one year in duration, which may be appropriate when regulated.

• B. Permitted Uses. Temporary uses are divided into two categories: major and minor.

Major temporary uses may occur on developed or undeveloped private or public property, may last longer than minor temporary uses, and may have a greater potential to create health and safety impacts, create traffic impacts, and/or could potentially disrupt community life. As such they will be subject to greater conditioning to address potential impacts.

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Minor temporary uses may occur on developed or undeveloped private or public property, generally commercial, for shorter time periods. These temporary uses produce little noise, and have minimal impacts to adjacent properties or to traffic and public safety.

1. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit:

   • a. Temporary real estate offices, including modular buildings, and model homes within approved residential subdivisions;

b. Motorhomes, travel trailers/RVs or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The temporary use permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever comes first. Temporary motorhomes, travel trailers and mobilehomes shall be subject to conditions as may be deemed necessary by the planning director. Consistent with Table 2-3 these temporary residences may be permitted by temporary use permit in all residential zones except the R-3 high density zone;

c. Cargo/shipping containers, for one-time temporary storage on a site with an existing permitted use. Storage must be directly related to the primary use and will not be permitted on a continual or regular interval basis. The temporary use permit may be granted for up to sixty days and will be subject to conditions as deemed necessary by the planning director;

d. Christmas tree sales lots may be permitted by a temporary use permit in the A-E, A-L, C-N, C-R and C-D zones consistent with Table 2-6. However, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license. Such activity shall only be held from November 15th through December 31st;

e. Fairs, festivals, revivals, and concerts, when not held within premises designated to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities, in the zones outlined in Table 2-6;

• f. Shows, carnivals, circuses and exhibitions in the zones outlined in Table 2-6. These uses shall follow regulations set forth in Chapter 5.48.

2. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit:

a. Outdoor display and sales of merchandise within commercial land use districts on private property shall not exceed fifteen days per calendar year per business or organization and are subject to the following provisions:

i. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. No permitted sale event shall exceed seventy-two hours.

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ii. Set-up and take-down of tents, lighting, tables, merchandise and/or items for the event shall be done each day of the event.

b. Outdoor display and sales of merchandise within the Historic Downtown district, including sidewalk sales, shall not exceed five events per calendar year and are subject to the conditions outlined in Sections 5.40.020 and 5.40.030, and no single event shall exceed seventy-two hours.

c. Special events other than those covered under major temporary uses subsection (B)(1) of this section shall be required for all entertainment events. Entertainment events may include arts and crafts, exhibits, auctions, farmer’s markets, food events, and other similar events as determined by the planning director.

d. Car washes conducted by a qualifying sponsoring organization on nonresidential properties. Sponsorships shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code. Car washes will not be permitted during Stages 2 through 5 of water conservation measures as outlined in Section 13.22.050.

e. Temporary produce stands may be permitted through a temporary use permit in the zones outlined by Table 2-3 and shall follow regulations set forth in Section 5.16.130.

• f. Temporary canopies in nonresidential zones in compliance with Section 17.30.020(B).

C. Temporary Use Permit Application. The planning director shall have approval authority for temporary use permits, except for any temporary use permit involving the sale of alcohol which shall require city council approval. For temporary uses that are not listed in this section, the director of planning may, at his/her sole discretion, determine whether an unlisted temporary use requires a permit and should be classified as major or minor. This determination shall be based on the similarities and differences with the above listed uses and an assessment of the proposed temporary use’s compatibility with surrounding land uses and the zoning district in which the temporary use is proposed.

1. An application for a temporary use permit shall be prepared, filed and processed in compliance with the following:

   • a. Name and address of sponsoring business or organization;

   • b. Name and address of the party responsible for the temporary use;

   • c. Name(s) and address(es) of property owner(s);

   • d. Assessor’s parcel number(s);

• e. The proposed location of the temporary use;

  • f. A site plan drawn at the scale specified by the planning director, which includes the following information as it pertains to the temporary use:

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• i. Location, existing uses and setbacks on proposed properties;

• ii. Location of proposed temporary use, including access and parking;

• iii. Other specified uses of the property;

• g. A narrative description of the proposed use including:

  • i. Time and dates of use;

  • ii. Expected traffic generation;

  • iii. Parking and circulation;

  • iv. The number of persons engaged in conducting the temporary use.

• h. Such other information as shall be required by the planning director.

2. The applicant shall pay a fee as specified by the master fee schedule; provided, however, that the fee requirements of this chapter shall not apply to community events and fundraising activities by local government agencies, schools, and/or local nonprofit organizations.

• D. Temporary Use Permit – Approval, Conditional Approval, Appeal, or Revocation.

1. Time for Decision. Completed applications for a temporary use permit that doesn’t include the sale of alcohol may be approved, conditionally approved, or denied by the community development department within fourteen days after the application has been deemed complete. Applications for a temporary use permit involving the sale of alcohol require city council approval and must be scheduled for a council agenda for review and action.

2. As part of the approval process for a temporary use permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in this chapter and will result in minimal impacts to adjacent properties. These conditions may involve any factors affecting the operation of the temporary use or event and/or the operation of existing uses on the temporary use site. Conditions imposed may include, but are not limited to, the following:

• a. Provision for a fixed time period or maximum number of days without specified dates;

• b. Regulation of operating hours and days, including limitation of the duration of the temporary use;

• c. Provision for security and safety measures;

• d. Provision and use of traffic cones or barricades;

e. Provision to obtain any and all necessary permits required by responsible agencies for the sale of food, beverages and/or other goods or services at the event;

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• f. Provision of a waste management plan and clean-up to restore the site of the event to its original state;

• g. Other conditions that will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.

3. Appeal. The planning director’s decision on temporary use permit applications may be appealed to the planning commission per Chapter 17.72.

4. Revocation.

   • a. A temporary use permit may be revoked or modified by the city of Wasco planning director or his designee, after notice and administrative hearing, for any of the following causes:

     • i. Any fraud, misrepresentation or false statement contained in the application for permit;

     • ii. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;

     • iii. Any violation of municipal code;

     • iv. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

5. Notice of an administrative hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint or violation, and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address.

E. Permit Nontransferable. No permit shall be transferred to another site (including addition of another site to an application previously approved) or another person without written consent from the planning director or his designee as evidenced by an endorsement on the face of the permit by the planning director or his designee showing the site to which and/or to whom the permit is transferred and the date of the transfer. The planning director or his designee may require compliance with any or all provisions of this chapter as a precondition to consent to any transfer.

• F. Indemnification and Insurance.

1. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city of Wasco and its council members, agents, officers, attorneys, employees, boards and commissions free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the indemnified parties, and that permittee shall pay any settlement entered into and shall

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Title 17 Zoning | Wasco Municipal Code

satisfy any judgment that may be rendered against the city, its council members, agents, officers, attorneys, employees, boards and commissions as a result of the alleged acts or omissions of permittee or permittee’s officers, agents or employees in connection with the uses, events or activities under the permit.

2. Insurance Required for Temporary Uses Taking Place on Public Property. Except as otherwise provided in this section, concurrent with the issuance of a permit under this chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit proof of insurance in the amount of one million dollars, or an amount as may be established by the city council, naming the city as an additional insured.

G. Penalty for Violation. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1.

H. Unlawful to Use City Name Without Authorization. It is unlawful for any event organizer to use in the title of the event the words “the city of Wasco” or “city of Wasco” or facsimile of the seal or logo of the city of Wasco without prior written authorization from the city manager. (Ord. 706 § 3 (Exh. A), 2019).