Chapter 17.68 — WIRELESS COMMUNICATION FACILITIES AND TOWERS

The purpose of this chapter is to promote and maintain the purposes and objectives of the City of Woodlake zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.

(Ord. No. 650, § 3, 4-28-2025)

17.68.020 - Definitions.

For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:

"Antenna" means a system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.

"Antenna, amateur radio" means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).

"Antenna array" means one (1) or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure as defined below.

"Antenna, building mounted" means: an antenna that is mounted to a building or rooftop equipment screen, and that transmits or receives electromagnetic signals.

"Antenna, direct broadcast satellite service (DBS)" means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite.

"Antenna, multipoint distribution services (MDS)" means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

"Antenna structure" means an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

"Antenna structure, freestanding" means an antenna structure or mast that is not attached to a building, fence or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds twenty (20) feet, it shall be treated as a monopole.

"Antenna structure, monopole" An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least twenty (20) feet in height.

"Attached wireless communication facility (attached WCF)" means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

"Co-locate or co-location" means use of a common WCF or common site by two (2) or more wireless license holders or by one (1) wireless license holder for more than one (1) type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

"Equipment facility" means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Height" means the distance measured from ground level to the highest point on the WCF, including the antenna array.

"Pre-existing tower and antenna" means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter.

"Provider" means a person, as defined in Section 1.04.130 of the Woodlake Municipal Code, pursuant to the provisions of this chapter.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

"Wireless communication facility (WCF)" Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.

(Ord. No. 650, § 3, 4-28-2025)

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(Ord. No. 650, § 3, 4-28-2025)

For purposes of determining compliance with development standards in this title, including but not limited to setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of

the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.

(Ord. No. 650, § 3, 4-28-2025)

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. 650, § 3, 4-28-2025)

The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):

A.

All standards set forth in this chapter.

B.

Any applicable Federal, State and local laws, regulation and ordinances.

C.

All applicable provisions of the Woodlake Municipal Code, Woodlake Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter.

D.

The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable.

E.

All FCC rules, regulations, and standards.

(Ord. No. 650, § 3, 4-28-2025)

17.68.070 - Co-location of facilities.

A.

When technically and economically feasible, a new wireless communication facility (WCF) shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.

B.

Any site plan review application proposed in accordance with Chapter 17.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to locate, construct and operate the new WCF at a co-location. If co-location is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.

(Ord. No. 650, § 3, 4-28-2025)

A.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 17.68.090, and a building permit is not required.

1.

Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.

2.

Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas and television broadcast service (TVBS) antennas that are 1 meter (3 feet 3 3/8 inches) or less in diameter or in diagonal measurement, are located entirely on-site, and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.

B.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 17.68.090 of this chapter, however, a building permit is required.

1.

Satellite Earth Station (SES) antennas that are two (2) meters (six feet six and three-fourth inches (6' 6¾")) or less in diameter or in diagonal measurement are located in a C-S or I zone district and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.

2.

Amateur radio antenna structures that are twenty-four (24) inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.

3.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be

located, and that does not result in an increase in size of the overall WCF site.

(Ord. No. 650, § 3, 4-28-2025)

Wireless communications facilities that are not exempt per Section 17.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section 17.08.030 then this section shall apply.

A.

The following wireless communications facilities (WCF) shall be permitted uses. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is required.

1.

Installation of a monopole on an existing structure, located in a PF zone district, or in any commercial, mixed use, or industrial zone district, where the height of the monopole is not higher than twenty (20) feet above the height of the existing structure.

2.

Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.

3.

Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three (3) communication providers on a single antenna/tower.

4.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a thirty (30) percent increase in size of the overall WCF site.

B.

The following wireless communications facilities (WCF) shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 17.80. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is also required:

1.

Installation of a new free-standing antenna/tower with no guy wires in the C-S, C-N, MU, OS, or PF zone districts that does not exceed seventy-five (75) feet in height. The planning commission may approve a

WCF with a height higher than seventy-five (75) feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

2.

Installation of a new free-standing antenna/tower with no guy wires in the I zone district that does not exceed one hundred (100) feet in height. The planning commission may approve a WCF with a height higher than one hundred (100) feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

3.

Modification to an antenna/tower approved by conditional use permit where the modification results in an increase in the height of the approved antenna/tower.

C.

Wireless communication facilities that are not exempt per Section 17.62.060 are prohibited in any residential zone district.

D.

Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 17.80 if it is located in the Airport Overlay District and shall meet all requirements of Chapter 17.34.

(Ord. No. 650, § 3, 4-28-2025)

Review of any application for construction, installation and operation of a WCF identified in Section 17.68.090 as requiring a permit shall comply with the following provisions in addition to the applicable provisions of Chapter 17.72 and 17.80:

A.

Each applicant shall submit a site plan and elevation view drawn to scale and other supporting drawings, calculations, and documents, signed by appropriate licensed professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the community development director to be necessary to determine compliance with the provisions of this chapter.

B.

Each applicant shall provide the community development director an inventory of its existing towers and those towers it intends to construct within ten (10) years of the date of its application that are located or will be located within the city limits or within one-quarter (¼) mile thereof. The community development director may share information with other applicants applying for permits to construct antennas/towers for the

purpose of encouraging co-location, provided however, that the community development director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for co-location.

C.

The information requested in this subsection B of this section shall not be made available to the general public except as may be required by federal, state or local law, ordinances or rules and regulations related thereto.

D.

The community development director may retain a consultant at the applicant's expense to review the application and make determinations and recommendations on issues including, but not limited to:

1.

Compliance with radio frequency emission standards;

2.

Possible granting of exceptions to the development standards in this chapter;

3.

The identification of alternative solutions when the community development director believes that the proposed facilities may create a significant impact to the surrounding area; or

4.

Proposals for the installation of new towers or antennas.

(Ord. No. 650, § 3, 4-28-2025)

An appeal of the decision of the community development director or of the planning commission on a WCF application shall be processed in accordance with the appeal provisions of Chapter 17.70.

(Ord. No. 650, § 3, 4-28-2025)

Every application must comply with the following development standards:

A.

Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions that will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.

B.

Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.

C.

Lighting. WCF shall not be artificially lighted, except for:

1.

Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.

2.

Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.

D.

Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six (6) feet in height and the structure shall be equipped with an appropriate anti-climbing device.

E.

Noise. A description of all audible noise-generating equipment, including the times and decibel levels of the noise which will be produced shall be submitted with the application for the project. No equipment shall be operated at a WCF that produces noise in excess of the applicable noise standards stated in the Woodlake General Plan. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the community development department.

F.

Painting. All equipment, antennas, poles or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas that will be viewed primarily against the skyline shall be painted light gray or light blue or other sky-blending color. WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the community development department, including the use of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors and textures that will blend with the natural setting and existing building environment.

(Ord. No. 650, § 3, 4-28-2025)

17.68.130 - Federal and state regulations.

A.

All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other agency of the federal or state government with the authority to regulate towers and antennas.

B.

If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or state agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.

C.

Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the city may require removal of the tower or antenna at the owner's expense.

(Ord. No. 650, § 3, 4-28-2025)

17.68.140 - Removal of abandoned antennas, towers, supporting equipment and structures.

A.

Any antenna, tower, supporting equipment and structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna tower, or owner of the land which it is located on shall remove said antenna, tower or supporting equipment within ninety (90) days of receipt of notice from the director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the city may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

B.

If the cost of removal of the antenna or tower are not paid within thirty (30) days after the date on which the notice of request for payment is mailed to the owner of the property, the city council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.70 - PERMITS AND APPLICATIONS

An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to processing of that permit.

(Ord. No. 650, § 3, 4-28-2025)

17.70.020 - Application form and submittal items.

A.

The director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or Federal law, regulation, or policy. An application shall be made in the form prescribed by the director on the date the application is filed, unless otherwise specified by this title or State law.

B.

All filing fees required to be paid upon the filing of any application shall be set forth from time to time by city council resolution.

(Ord. No. 650, § 3, 4-28-2025)

17.70.030 - Authority to file an application.

The following persons shall have the authority to file an application:

A.

The record owner of the real property that is the subject of the permit or other matter.

B.

The property owner's authorized agent.

C.

Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application.

D.

The director, city administrator, planning commission, or city council.

(Ord. No. 650, § 3, 4-28-2025)

If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council.

(Ord. No. 650, § 3, 4-28-2025)

Applications filed pursuant to this title shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with any certificates and affidavits of applicable posting, mailing, or publication.

(Ord. No. 650, § 3, 4-28-2025)

Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing. If an application is withdrawn after a notice of public hearing has been mailed or posted, the application shall be agendized so that the withdrawal of the application can be announced publicly.

(Ord. No. 650, § 3, 4-28-2025)

17.70.070 - Decision processes for planning applications.

A.

Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one (1) of the decision processes depicted in Table 17.70.070-1 (Role of Review Authority Planning Permit Applications). Table 17.70.070-1 determines the role of each review authority in the decision-making process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 17.70.070-1 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title 16.

Table 17.70.070-1 Role of Review Authority Planning Permit Applications

B.

All applications heard by the planning commission or city council according to Table 17.70.070-1 shall be at public hearings in accordance with Chapter 17.70.090.

C.

Where a project requires multiple decisions by the planning commission and city council, the planning commission's decisions on such project shall not be final, but shall be advisory to the city council, which shall be vested with the final decision-making powers pertaining to the project.

(Ord. No. 650, § 3, 4-28-2025)

All discretionary applications will be reviewed by the director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.

(Ord. No. 650, § 3, 4-28-2025)

A public hearing is a noticed session before the planning commission, city council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on discretionary applications regulated by this title.

(Ord. No. 650, § 3, 4-28-2025)

Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.

A.

A notice of any public hearing shall be given by at least one (1) publication in a newspaper of general circulation in the city not less than 10 days before the date of the public hearing.

B.

A notice of public hearing shall be given by mailing a written notice not less than ten (10) days prior to the date of such hearing to the applicant and to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted county tax roll. Notice shall also be mailed to interested persons that have filed a written request for notification with the director.

C.

In the event that the number of owners of property to whom notice may be sent pursuant to Subsection B of this section would result in more than 1,000 notices, notice may alternatively be given at least ten (10) days prior to the hearing by either of the following procedures:

1.

By placing a display advertisement of at least one-eighth (⅛) page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment.

2.

By placing a written notice with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

(Ord. No. 650, § 3, 4-28-2025)

Public notice of hearings shall begin with words similar to "Notice of Proposed Change of Zone District" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit," as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.

(Ord. No. 650, § 3, 4-28-2025)

Public hearings before the city council and the planning commission shall be conducted in accordance with Chapter 17.70.

(Ord. No. 650, § 3, 4-28-2025)

If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.

(Ord. No. 650, § 3, 4-28-2025)

17.70.140 - Testimony at hearing.

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.

(Ord. No. 650, § 3, 4-28-2025)

For applications requiring a final decision by the city council, the planning commission shall first hold a public hearing on the matter. For such hearing, the planning commission shall, by resolution, recommend to the city council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing after noticing is completed.

(Ord. No. 650, § 3, 4-28-2025)

17.70.160 - Review authority decision.

The review authority responsible for making a final determination for any application, as identified by Table 17.70.070-1, shall announce its findings by formal resolution, or in the case of a change to the text of this title or to the Zoning Map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Non-discretionary permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.

(Ord. No. 650, § 3, 4-28-2025)

17.70.170 - Notice of decision.

Not later than ten (10) days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable document shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution or other applicable document shall also be filed and maintained as public record by the director.

(Ord. No. 650, § 3, 4-28-2025)

The decision of the review authority identified in Table 17.70.070-1 for any permit or other non-legislative decision shall be effective and final ten (10) days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written appeal of the decision.

(Ord. No. 650, § 3, 4-28-2025)

Where an application has been denied by a review authority and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one (1) year after the effective date of the denial, unless that review authority specifies in its decision that the denial is made without prejudice.

(Ord. No. 650, § 3, 4-28-2025)

17.70.200 - Appeals.

A.

A decision of the director may be appealed to the planning commission by any interested person within ten (10) days following the decision of the director. Any decision of the planning commission, including a decision on an appeal, may be appealed to the city council by any interested person within ten (10) following the decision of the planning commission.

B.

Appeals to the planning commission or to the city council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.

C.

A decision on an application that has been appealed may be upheld, overturned, or modified. The appeal decision shall be adopted by resolution or other applicable document.

(Ord. No. 650, § 3, 4-28-2025)

Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site or structure that was the subject of the

permit, except for a Home Occupation Permit and Conditional Use Permit as determined by Section 17.78.070 and Section 17.78.080.

(Ord. No. 650, § 3, 4-28-2025)

Before any building, grading, encroachment or other development permit is issued for any building, excavation, or other structures proposed as a part of an approved permit, the director shall determine that the proposed building location, facilities and improvements are in substantial conformance with the approved permit and any conditions of approval.

(Ord. No. 650, § 3, 4-28-2025)

A.

Upon the violation of any applicable provision of this title, the provisions of any conditional use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended. Written notice of the suspension shall be sent by the director to the person to whom the use permit was issued, or to their successor if known, advising them of the suspension and the violations causing the suspension.

B.

No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended. For any construction activity taking place on the site that is the subject of the suspended permit, the Building Official shall issue a Stop Work order.

C.

The city council shall hold a public hearing and hear evidence from city staff, the holder of the permit, and other interested persons. Should the city council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the city council may either revoke the permit or take such other action as the city council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.

(Ord. No. 650, § 3, 4-28-2025)

A.

An approved permit shall expire and shall become null and void two (2) years after the date of approval unless, prior to expiration, one (1) of the following occurs:

A building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.

2.

The use for which the permit was approved has commenced.

B.

If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one (1) year, the permit shall expire and become null and void.

(Ord. No. 650, § 3, 4-28-2025)

Prior to expiration of a permit, a person having authority to file an application may file a written request with the director for extension of a permit that may otherwise expire. The request for extension shall be taken to the planning commission, who may extend the expiration date of the permit by one (1) year. The planning commission may grant up to a total of three (3) one-year extensions. After all available extensions have been granted, a new permit application shall be submitted.

(Ord. No. 650, § 3, 4-28-2025)

17.70.260 - Succession to a county permit upon annexation.

A.

If a parcel of real property is considered for annexation to the city is subject to a permit previously approved pursuant to the provisions of the Tulare County Zoning Ordinance and the use has commenced on the date that the city council initiates annexation, then the city shall succeed to the permit and shall administer and enforce the permit in accordance with the provisions of this chapter.

B.

If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Tulare County Zoning Ordinance and the use has not yet commenced on the date that the city council initiates annexation, then the city shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit. If the city declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.

(Ord. No. 650, § 3, 4-28-2025)

A.

Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the director provided that the director determines that the adjustment is minor, does not contradict the intent of the review authority's approval, does not

increase the approved use's impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the General Plan.

B.

If the director determines that the findings in Subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.

(Ord. No. 650, § 3, 4-28-2025)

A person having authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application was for a new permit.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.72 - SITE PLAN REVIEW

The purpose of the site plan review is to assure that a proposed development is reviewed to assure substantial compliance with the General Plan, the Municipal Code, policies, and improvement standards of the city.

(Ord. No. 650, § 3, 4-28-2025)

17.72.020 - Applicability.

A.

Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.

1.

In all residential districts, site plan review shall be required for:

a.

The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit.

b.

The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site.

c.

The erection of a new nonresidential main building or structure when the erection requires the issuance of a building permit.

d.

The alteration of an existing nonresidential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than ten (10) percent or five hundred (500) square feet or the seating capacity by more than ten (10) percent or twenty-five (25) seats.

2.

In all non-residential zone districts, site plan review shall be required for:

a.

The erection of a new building or structure when the erection requires the issuance of a building permit.

b.

The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:

i.

The alteration will increase the floor area or seating capacity of a nonconforming building or structure or involves the structural alteration of a nonconforming building or structure.

ii.

The alteration will increase the floor area of a conforming building or structure by more than ten (10) percent or five hundred (500) square feet or the seating capacity by more than ten (10) percent or twenty-five (25) seats.

c.

The development of new public or private parking areas or lots.

d.

The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five (5) spaces, increase or decrease the gross area of the parking area or lot by more than one thousand seven hundred fifty (1,750) square feet, or will involve the relocation of the parking area or lot.

3.

In all districts, site plan review shall not be required for:

a.

The erection or alteration of one-family dwellings and related accessory buildings or structures.

b.

The erection or alteration of temporary tract offices and model homes.

c.

The erection or alteration of signs and advertising structures.

(Ord. No. 650, § 3, 4-28-2025)

17.72.030 - Site plan contents.

A.

The site plan shall be drawn to a scale which that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Chapter 17.70.020, and such other data as may be required to permit the director to make the required findings.

(Ord. No. 650, § 3, 4-28-2025)

After consultation with the appropriate departments within the city, the director shall approve, approve with such conditions as set forth in subsection E of this section or disapprove the site plan. The director, before approving a site plan, shall make all the following findings:

A.

The development complies with all applicable provisions of this title.

B.

The development is so designed that it will have no adverse effects on surrounding property or improvements.

C.

The development can be adequately and efficiently provided with public utilities and services.

D.

The development will not create congested or unsafe vehicular or pedestrian circulation or access conditions on or off the site.

E.

That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 17.72.010 and to protect the public health, safety, and welfare. Conditions may include the following:

1.

Requiring special yards, spaces, and buffers.

2.

Requiring fences and walls.

3.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise.

4.

Requiring grading, surfacing and drainage improvements.

5.

Regulation of points of vehicular ingress and egress.

6.

Regulation of signs.

7.

Requiring landscaping and maintenance thereof.

8.

Requiring maintenance of grounds.

9.

Requiring fire-prevention equipment and measures.

10.

Regulation of noise, vibration, odors, electrical discharge or interference.

11.

Regulation of lighting.

12.

Requiring street dedications and improvements in accordance with ADA compliance.

Regulation of pedestrian ingress, egress, and internal circulation.

14.

Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter. In making such findings, the director shall consult with city personnel as appropriate to assure that approvals will be consistent with established legislative policies and city standards relating to planning, public works, and land development.

(Ord. No. 650, § 3, 4-28-2025)

The decision of the director shall be final unless appealed to the planning commission in accordance with the procedure specified in Section 17.70.200. The director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten (10) days of the adoption thereof.

(Ord. No. 650, § 3, 4-28-2025)

17.72.060 - Appeals.

Appeals of the director's decision shall be submitted and processed consistent with the procedures in Section 17.70.200.

(Ord. No. 650, § 3, 4-28-2025)

17.72.070 - Life of permits and extensions of time.

A.

A site plan review permit shall expire one (1) year from its approval date, unless a building permit application has been submitted or the use has commenced.

B.

Prior to expiration, the director may extend the permit expiration date by one (1) year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.

C.

A holder of an approved site plan review permit shall file for an amendment when substantial changes are made to the originally approved site plan.

(Ord. No. 650, § 3, 4-28-2025)

17.72.080 - Subsequent permits.

Subsequent development permits associated with the site plan review shall be consistent with the approved site plan review. If there is a change in the proposed development, a new site plan application shall be submitted.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.74 - ADMINISTRATIVE USE PERMITS

The purpose of requiring the administrative approval of certain uses is to determine whether or not a particular use meets the standards set forth in this title that are specific to that use, with the intent that uses that meet all of the standards will be approved.

(Ord. No. 650, § 3, 4-28-2025)

This chapter shall apply to all uses listed as permitted uses subject to administrative approval.

(Ord. No. 650, § 3, 4-28-2025)

Applications for an administrative use permit shall be filed pursuant to Chapter 17.70 with the Director and processed consistent with Chapter 17.70.050 and, if applicable, Chapter 17.70.060.

(Ord. No. 650, § 3, 4-28-2025)

In order for an application to receive administrative approval, the following findings must be made by the reviewing authority listed identified in Chapter 17.70:

A.

The use meets the standards and requirements in this title that are specific to that use.

B.

The use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located.

C.

The use is consistent with the General Plan.

D.

The proposed location, size, design and operating characteristics of the use would not be detrimental to the public interests, health, safety, convenience or welfare of the city, and that any incompatible impacts of

the proposed use are mitigated by conditions of approval.

(Ord. No. 650, § 3, 4-28-2025)

Appeals to a decision of the reviewing authority of an administrative use permit shall be submitted and processed consistent with the procedures in Chapter 17.70.200.

(Ord. No. 650, § 3, 4-28-2025)

17.74.060 - Life of permits and extensions of time.

An administrative use permit shall expire one (1) year from its approval date unless a building permit application has been submitted or the use has commenced.

(Ord. No. 650, § 3, 4-28-2025)

Revocation of an administrative use permit shall be conducted consistent with procedures and notice requirements in Chapter 17.74.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.76 - TEMPORARY USE PERMITS

A temporary use permit provides a mechanism for administrative review and determination for proposed and qualifying short term uses and activities to ensure that such activities are consistent with the General Plan and the provisions of this title. In review of temporary use permits, the accessibility for persons with disabilities must be a consideration.

(Ord. No. 650, § 3, 4-28-2025)

17.76.020 - Temporary uses exempt from permit requirements.

The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards:

A.

Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.

B.

Emergency public health and safety facilities established by a public agency.

C.

Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.

D.

Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).

E.

Events held exclusively on city property and that are in conjunction with the city use.

F.

Events held exclusively at a school site that are in conjunction with the school use.

G.

Events held exclusively on a place of assembly or facility site and that are in conjunction with that place of assembly or facility use.

H.

Garage and yard sales held on private property.

I.

Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title.

(Ord. No. 650, § 3, 4-28-2025)

17.76.030 - Temporary use permit required.

The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 17.70:

A.

Any use listed in Table 17.08.020 or Table 17.08.030 that is identified as a temporary use.

B.

Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.

C.

Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).

D.

Farmers markets.

E.

Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.

F.

Seasonal sales occurring outdoors when not related to an existing business.

G.

Temporary sales offices.

H.

Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.

I.

Temporary community food banks.

J.

Other temporary activities that the director determines are similar in nature and intensity to those identified above.

(Ord. No. 650, § 3, 4-28-2025)

Standards for height, off-street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The director may waive requirements for long-term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.

(Ord. No. 650, § 3, 4-28-2025)

17.76.050 - Temporary improvements on a site.

A.

Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.

B.

The allowance described in Subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.

C.

At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease.

(Ord. No. 650, § 3, 4-28-2025)

A.

The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:

1.

The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit.

2.

The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use, or to the general welfare of the city.

3.

The temporary use will not function or be located in a manner that restricts access to required parking areas.

4.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

5.

The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

6.

The use is consistent with the General Plan, applicable specific plans, and the provisions of this title.

(Ord. No. 650, § 3, 4-28-2025)

The director may place conditions on the temporary use permit, including, but not limited to, expiration date, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.78 - HOME OCCUPATION PERMITS

The provisions of this chapter provide for the conduct of home occupations inside a residence that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling.

(Ord. No. 650, § 3, 4-28-2025)

Home occupations shall not commence without first obtaining a home occupation permit, except as provided below:

A.

A home occupation permit shall not be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, swimming lessons, or place of assembly, provided that no more than five (5) students are present at any one (1) time, and the activity complies with all of the operating standards in Section 17.78.050. The in-home educational activity may exceed the five-student limit after first securing a conditional use permit.

(Ord. No. 650, § 3, 4-28-2025)

Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 17.70.

(Ord. No. 650, § 3, 4-28-2025)

17.78.040 - Prohibited home occupation uses.

A.

The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones, and are prohibited as home occupations:

1.

Barbershop, hair salon, nail care, massage therapy, or day spa.

2.

Fortune telling.

3.

Kennel or animal boarding.

4.

Laboratory, general or medical.

5.

Mini-warehouse or self-storage facility.

6.

Motor vehicle repair or service, minor or major.

7.

Office; medical, dental, or optometry.

8.

Pet grooming.

9.

Repair shop, large appliance or equipment.

10.

Specialty construction or trade service where construction activities take place at the site.

11.

Tattooing or body art.

Landscaping or tree-cutting service.

13.

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

B.

A home occupation permit may be denied if the director finds that land use proposed for a home occupation is listed in this section, or that the land use is not incidental nor compatible with residential activities.

(Ord. No. 650, § 3, 4-28-2025)

A.

A home occupation shall comply with all of the following operating standards:

1.

A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way.

2.

There shall be no displays on the premises.

3.

There shall be no signs other than those allowed by Chapter 17.56.

4.

There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.

5.

The home occupation shall be confined to one (1) room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking of vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.

6.

Only one (1) vehicle no larger than a three-quarter ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

7.

The home occupation shall not encroach into any required parking, setback or open space areas.

8.

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

9.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

10.

Utility consumption shall not exceed normal residential usage.

11.

The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes,

toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.

12.

Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.

13.

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.

14.

No home occupation shall commence until a current business license is obtained, pursuant to this title.

15.

No more than one (1) home occupation shall be located within a dwelling unit at one (1) time.

16.

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 for a home occupation permit.

17.

No space shall be rented out to others in association with a home occupation.

18.

A home occupation that is a cottage food operation shall meet the requirements of Section 17.78.

B.

The director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.

C.

A home occupation permit may be denied if the director finds that there is a failure or inability to meet one (1) or more of the operating standards of this section.

(Ord. No. 650, § 3, 4-28-2025)

17.78.060 - Life of permits and extensions of time.

The initial life and subsequent extensions of time for home occupation permits are stated in Sections 17.70.240 and 17.70.250.

(Ord. No. 650, § 3, 4-28-2025)

17.78.070 - No transferability.

A.

Notwithstanding Section 17.70.210, if property ownership changes on property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.

B.

If the holder of a valid home occupation pennit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.

(Ord. No. 650, § 3, 4-28-2025)

17.78.080 - Revocation.

A home occupation permit may be revoked or modified in accordance with Section 17.70.230 if any one (1) of the following findings are made:

A.

The home occupation has become detrimental to the public health, safety, or traffic, or constitutes a nuisance.

B.

The home occupation permit was obtained by misrepresentation or fraud.

C.

The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title.

D.

One (1) or more of the operating standards of the home occupation permit have not been met.

E.

The home occupation violates Federal, State, or local statute, ordinance, law, or regulation.

(Ord. No. 650, § 3, 4-28-2025)