Nothing in this chapter or this title shall be construed or applied so as to prevent the expansion, modernization, replacement, reconstruction, repair or rebuilding and continued use of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of land so used.

(Ord. 51 §2910, 1965).

Except where otherwise provided in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway other than an alley.

(Ord. 51 §2911, 1965).

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs or other structures shall exceed the height limit provided in this title. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than forty-five (45) feet above the height limit provided in this title; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 51 §2912, 1965).

Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R-2, R-3, R-4, R-S E, E-1, E-2, E-3, E-4, or E-5 zones, the rear and sideyards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 51 §2913, 1965).

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A.

No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E-5 zones may exceed two (2) stories, or thirty-five (35) feet in height;

B.

On a corner lot no detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E-5 zones shall be located at a distance less than ten (10) feet from the side street line;

C.

No accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4 or E-5 zones if two (2) stories in height, shall be located nearer than five (5) feet to any interior property line;

D.

No accessory buildings on the rear twenty-five (25) feet of a reverse corner lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4 or E-5 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear;

E.

A private garage of not to exceed six hundred (600) square feet may be a part of the main building if the garage and the main building have a common wall not less than five (5) feet in length, or if not more than four (4) feet from the main building and connected thereto by a roof of not less than five (5) feet in width;

F.

One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, or E-5 zones, when the slope of the front half of such lot is greater than one (1) foot rise or fall in the horizontal distance of four (4) feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five (5) feet from the side or front line of the lot; and further provided that no such building shall exceed ten (10) feet in height;

G.

When garages or accessory buildings are proposed and are located in such a manner on the lot as to have any doors opening on to an alley, there shall be a ten (10) foot setback from such alley for all such buildings.

(Ord. 51 §2914, 1965).

Editor's note— Ord. No. 2023-486, § 1, adopted Oct. 24, 2023, repealed § 17.50.060, which pertained to additional dwelling units—requirements and derived from Ord. 51 §2915, 1965.

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. 51 §2916, 1965).

Where yards are required by this title, they shall be not less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A.

Cornices, canopies, eaves or other similar architectural features not providing additional floor space within the building may extend into a required front, side or rear yard not to exceed three (3) feet;

B.

Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into any front, side or rear yard not more than six (6) feet; provided, however, that an open-work railing, riot more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place;

C.

Detached accessory buildings may occupy front, side and rear yards except as provided in section 17.50.040;

D.

Light structures, as defined in the Uniform Building Code under "patio covers," shall be permitted within six (6) inches of the property line; such structure to be open on at least two (2) sides and not to extend forward of an existing dwelling; with the provision that if such a structure is placed over an existing driveway, a barricade must be erected at the forward portion of the structure and if the driveway approach is from the rear of the lot, a barricade must be erected at the rear portion of the structure.

(Ord. 51 §2917, 1965).

A.

In the R1, R2, R3, R4, R-S, E, E-1, E-2, E-3, E-4, and E-5 zones, no fence, wall or hedge located in the rear or side yards shall exceed a height of six (6) feet.

B.

In R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, R-S,. E, E-1, E-2, E-3, E-4, and E-5 zones, no fences, wall or hedge located in the required front yard shall exceed a height of four (4) feet.

C.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, and E-5 zones, no fence, wall or hedge located within twenty-five (25) feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four (4) feet.

D.

In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4 and E-5 zones, no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three (3) feet of such lines, and no sharp wire or points shall project at the top of any fence or wall less than six (6) feet in height.

(Ord. 51 §2918, 1965).

No portion of any required front yard, or side yard on the street side of a corner lot, shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, or building materials (except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage," as used in this section, means the presence for a period of forty-eight (48) or more consecutive hours in the required front or side yard.

(Ord. 51 §2919, 1965).

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of public utility distribution and transmission lines, towers and poles and underground facilities for providing gas, water, electricity or telephone and telegraph services by public utility companies under the jurisdiction of the public utilities commission of the state, provided, however, before any right-of-way for such transmission lines is acquired, the proposed route shall be submitted to the planning commission for review and recommendation.

(Ord. 51 §2920, 1965).

Except as provided elsewhere in this title:

A.

No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used, for any purpose or in any manner other than a use listed in this title or amendments thereto as permitted in the zones in which such land, building or premises is located.

B.

No building shall be erected nor any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this title or amendments thereto for the zone in which such building is located.

C.

No building shall be erected nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto for the zone in which such building is located.

D.

No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereof, shall be considered as providing a yard or open space for any other building or structure.

(Ord. 51 §204, 1965).

All single-family dwellings, accessory dwelling units, manufactured homes as defined by section 17.02.435 - manufactured home, on a permanent foundation shall meet the following developmental/architectural standards:

A.

Roof overhang. All main buildings shall have a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the roof overhang is architecturally integrated into the design of that dwelling unit.

B.

Roofing material. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a roof consisting of wood shakes, asphalt, composition or wood shingles, clay, concrete or metal tiles, or of slate material. Rolled-roofing materials are prohibited.

C.

Roof pitch. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a pitched roof with a minimum rise to run ratio of 4 to 12.

D.

Siding material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, brick, concrete, stucco, masonite or metal lap. Corrugated sheet-metal siding is specifically prohibited for use as a siding material. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

E.

Minimum square footage. Inhabitable buildings shall have a minimum square footage of seven hundred seventy-five (775) square feet. The minimum width of the main building and garage or carport shall be a minimum of fifty percent (50%) of the lot width. Only living space within the primary walls of the dwelling unit shall be used for determining the minimum square footage of the unit. Porches, screened rooms, garages or carports shall not be included when determining the minimum square footage of a unit.

F.

Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or Section 18551 of the Health and Safety Code, such that the floor elevation of the proposed unit is compatible with the floor elevations of the surrounding dwelling units.

G.

Deviations. The city planner may approve deviations from one (1) or more of the developmental/architectural standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the city planner may be appealed to the planning commission in accordance with section 17.05.050 of this chapter.

(Ord. 182 Exhibit A(10), 1982).

(Ord. No. 376, 2008; Ord. No. 492, § 3, 4-23-2024)

Emergency housing shall be subject to the following development standards:

A.

There shall be a maximum of twenty (20) beds in an emergency housing project.

B.

Parking shall be provided at a rate of one (1) space per employee on the maximum shift, and one (1) space per six (6) beds.

C.

The facility shall be provided with on-site management at all times.

D.

The facility shall have on-site security at all times.

E.

Outdoor lighting shall be provided around the perimeter of the facility, provided that lighting shall be hooded and adjusted so as to not illuminate adjoining properties or roadways.

F.

Occupants may stay up to six (6) months during a one-year period.

G.

The project shall provide storage space for occupants at a rate of ten (10) square feet per bed.

H.

The applicant shall supply the city with an operating and management plan for the facility to the city.

I.

The facility shall be licensed by the state of California.

(Ord. No. 421, § 7, 7-7-2015)

A.

Purpose. This chapter is adopted in accordance with § 65915 et seq., of the California Government Code, as may be amended. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low-income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate-income households that qualified the housing project for award of a density bonus or other incentives.

B.

Applicable zoning districts. This chapter shall be applicable to all zoning districts that allow residential uses.

C.

Qualifications. All proposed housing developments that qualify under California Government Code § 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code § 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code § 65915 et seq.

D.

Density increase and other incentives. The City of Arvin shall grant qualifying housing developments and qualifying land transfers a density bonus, consistent with California Government Code § 65915 et seq., and incentives or concessions also as described in California Government Code § 65915 et seq.

E.

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of Arvin to be processed concurrently with all other entitlements of the proposed housing development. The proposal must also be accompanied by a standard city application and fee is in addition to the processing of any concurrent entitlements or projects.

F.

The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4.

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low or moderate-income households, or senior citizens, or other qualifying residents;

5.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed; and

6.

Any other information as determined by the community development director necessary to process and evaluate the proposal consistent with the provisions of California Government Code § 65915 et seq.

E.

The application shall be considered by the approving authority at the same time it considers the project for which the request is being made. The request shall be approved if the applicant complies with the provisions of California Government Code § 65915 et seq.

F.

Retention. Consistent with the provisions of California Government Code § 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Arvin and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 421, § 8, 7-7-2015; Ord. No. 456, § 4(Exh. A, § 21), 2-26-2019)

The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.

1.

Business license required. A home occupation, home base business, shall require a city business license and a home occupation permit. A permit to conduct a home occupation shall be obtained from the community development director, or designee, prior to issuance of a business license.

2.

Application: An application and payment of the established fee for a home occupation permit shall be submitted to the community development director or designee by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or authorized representative.

3.

Home occupation or quasi-home occupation permit - Substitute for administrative approval - No home occupation or quasi-home occupation (home based business) shall be established in a residence until a home occupation permit or quasi-home occupation permit is approved by the community development director or designee. Home occupation and quasi-home occupation conditions, as established in this section, satisfy the requirements of an administrative permit, section 17.05.080 - permitted uses designated—administrative approval. Upon issuance of a home occupation permit or a quasi-home occupation permit by the community development director, or designee said permit conditions incorporates the requirements and findings below to ensure that the residential neighborhood is not adversely affected by the establishment of a home base business.

a.

Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood.

b.

Findings:

i.

That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and

ii.

That the proposed use will be harmonious with existing structures and uses of land in the vicinity;

iii.

That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.

4.

Home occupation and quasi-home occupation permits - term. A home occupation or quasi-home occupation permit shall not expire unless: revoked, lapse of a current and valid business licenses; however, the permit is not transferable to a different permittee, location, or use.

5.

Home occupation and quasi-home occupation permits - revocation. The home occupation or quasi-home occupation permit granted under this article shall be subject to revocation by the community development director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article or upon verification of objectionable activity and/or complaints.

6.

Home occupation and quasi-home occupation permits - denial. A home occupation-quasi-home occupation permit shall not be issued for the following uses: Retail sales, commercial photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.50.160(D) (home occupation permits-quasi-home occupations: conditions: issuance).

7.

Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under section 17.50.160(D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.

8.

Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, state, and federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.

9.

Indemnification. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

10.

Conditions: Issuance.

a.

No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:

i.

The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.

ii.

The home occupation shall be conducted entirely within the residential dwelling. Outside activity, storage, or display is prohibited, except as provided herein or upon conditional approval of the community development director.

iii.

Limitations of use and storage:

(a)

The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.

(b)

Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.

(c)

Storage of goods and materials may be stored in approved accessory structures per Arvin city code.

(d)

No occupation may be conducted in the garage area nor in any accessory structure.

iv.

The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling.

v.

Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1) foot by one (1) foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.

vi.

Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited.

vii.

Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.

(a)

Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

(b)

No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.

(1)

"Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20) feet in length, eight (8) feet in width, and thirteen and one-half (13-1/2) feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle.

(2)

Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner.

(c)

In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited.

(d)

At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space.

(e)

Parking of vehicles and/or utility trailers shall comply with the Arvin city code.

viii.

Such occupation or profession shall be conducted by the residents of the premises.

ix.

The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.

x.

Limitations of use and storage:

(a)

The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.

(b)

Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.

(c)

Storage of goods and materials may be stored in approved accessory structures per Arvin city code.

(d)

No occupation may be conducted in the garage area nor in any accessory structure.

xi.

The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.

xii.

The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.

xiii.

The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes.

xiv.

Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.

(Ord. No. 492, § 3, 4-23-2024)

An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one (1) full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A "cottage food operation" includes both of the following:

1.

Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business unless it is registered with the County of Kern.

2.

Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the Kern County.

a.

Cottage food operation. Consistent with the operational requirements set forth in California Health and Safety Code § 114365 et seq., a cottage food operation (CFO) shall comply with the following standards.

i.

All applicable provisions of the municipal code are made a part of the conditions of approval in their entirety, as if fully contained therein.

ii.

All CFOs shall obtain a home occupation permit, section 17.50.160 and shall maintain a city business licenses, failure to maintain a city business licenses and Kern County Environmental Health regulations shall be cause for revocation of the cottage food industry operations. Where a conflict exist between section 17.50.160 and 17.50.170, the requirements of section 17.50.170 shall prevail.

iii.

The CFO shall be registered with the Kern County Office of Environmental Health and conform with all regulations of AB 1616.

iv.

Only foods defined as "non-potentially hazardous" are approved for preparation by CFOs. The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change.

v.

There may be one (1) full-time equivalent employee (not counting family members or household members).

vi.

Class A CFOs are allowed to engage in direct sale, including up to two (2) customers on-site at one (1) time.

vii.

Class B CFOs may engage in both direct sale and indirect sale of cottage food products.

viii.

 No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining or dishwashing.

ix.

No infants, small children, or pets may be in the registered or permitted area during the preparation, packaging, or handling of any cottage food products.

x.

Equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.

xi.

All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products shall be washed, and sanitized before each use.

xii.

All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.

xiii.

 No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment shall occur outside of the registered or permitted area.

xiv.

Smoking shall be prohibited in the registered or permitted area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment.

xv.

A person with a contagious illness shall refrain from working in the registered or permitted area of the CFO.

xvi.

A person involved in the preparation of packaging of cottage food products shall keep his or her hands clean and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity.

xvii.

Water used during the preparation of cottage food products shall meet potable drinking water standards.

xviii.

Food preparation shall take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residential zone property.

xix.

A person who prepares or packages cottage food products shall complete a food processor course instructed by the California Department of Public Health within three (3) months of becoming registered or permitted.

xx.

A CFO shall properly package and label all cottage food products in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 343 et seq.) and the Department's additional labeling requirements.

xxi.

The CFO business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed the capacity of one (1) ton, owned by the business owner.

xxii.

Storage of materials and/or supplies related to the business, outside the residence, is not permitted.

xxiii.

No signs shall be displayed on the site in connection with the home occupation. There may be advertising on a vehicle that should not exceed three (3) square feet in total. Magnetic signage is recommended.

xxiv.

In no way shall the appearance of the dwelling be altered to identify the business and changed the residential character of the existing neighborhood; and

xxv.

There shall be no use of utilities or community facilities beyond the normal use of the property for residential purposes as defined in the zone.

(Ord. No. 492, § 3, 4-23-2024)

Neighborhood serving commercial uses are intended to introduce complimentary uses in conjunction with existing and/or proposed single family residential uses in locations where the neighborhood supports such a use and serves the neighborhood. The following standards are designed to allow neighborhood serving commercial uses to be integrated closely with existing and proposed single family residential uses on a small scale. Allowing neighborhood serving commercial uses to be integrated into neighborhoods at appropriate locations and at the same scale as the existing and proposed residential uses is intended to make more efficient use of existing infrastructure capacity and improve walking and biking accessibility to these services by nearby residents.

1.

A neighborhood serving commercial use must implement and meet the following criteria: Support a compact walkable neighborhood with nearby services;

a.

Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;

b.

Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing;

c.

Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and

d.

Utilize existing infrastructure and service capacity.

2.

A neighborhood serving commercial use must implement and meet the following criteria:

a.

Support a compact walkable neighborhood with nearby services;

b.

Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;

c.

Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing;

d.

Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and

e.

Utilize existing infrastructure and service capacity.

3.

Uses permitted: The following uses are permitted as a neighborhood serving commercial use subject to chapter 17.60 site development permit, implements and meet the criteria established above, subject to the implementation of the requirements of chapter 17.70 site development standards, and also meeting the standards as listed in this section:

a.

Other neighborhood serving commercial not listed below may be permitted by conditional use permit where it can be demonstrated that the proposed use meets the criteria identified above and all requirements of this section.

i.

Neighborhood convenience retail in conjunction with existing or proposed single family residential uses as listed below:

ii.

Food sales (i.e. groceries, bakeries, candy shops, delicatessens);

iii.

Consumer repair services (i.e. watch, jewelry, musical instrument);

iv.

General retail sales-convenience; (i.e. convenience market (No off- or on-sale of alcoholic beverages), neighborhood takeout food preparation; and

v.

Live-work units.

4.

Design standards for permitted non-residential uses. Uses permitted above shall conform to the following design guidelines:

a.

Architectural standards: All new development (residential and non-residential) shall be of a design that compliments residences and/or introduces and improves on the design located on the same block and shall follow these design standards;

i.

Building materials shall be of siding, brick, stone or other materials that are similar in composition and otherwise in common with other buildings located in the area.

ii.

Colors shall compliment other buildings in the area.

iii.

The primary entrance shall be from the front sidewalk, front corner entrances may satisfy this requirement. Secondary entrances may be allowed in the rear where there is rear parking.

iv.

To support the privacy of existing residences, windows on the portion of a side wall directly opposite an existing residence shall be limited to obscure glass or similar material approved or windows that are above sightline in both buildings.

v.

New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.

b.

Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street.

i.

Maximum sign area allowed shall be the one-half (½) of the building width in square feet: building width/2 = X square feet.

ii.

May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.

iii.

Window signs may not be larger than one (1) square foot.

iv.

Lighted window signs may only be lit during hours of operation.

v.

Lighted signs may not flash, blink or otherwise move.

c.

Exterior lighting: Shall be compatible with residences located on the same block and;

i.

Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.

5.

Building, lot, location and other standards: Uses permitted above shall conform to the following guidelines:

a.

Location and access:

i.

Permitted non-residential uses shall be located in a neighborhood where no similar services are provided within one thousand (1,000) feet;

ii.

Must be located on a corner lot of sufficient size to meet the requirements of chapter 17.70 site development standards;

iii.

Must provide a minimum of five hundred (500) square feet of open space for the existing and/or proposed single family residential unit.

iv.

Conditionally approved non-residential uses not listed in subsection B above, must be found to be compatible with and to impose no adverse impact upon adjacent residential uses and meet all of the requirements of this subsection.

b.

Parking: The following vehicle parking standards shall be met:

i.

On-street parking may be credited toward the minimum parking requirements.

ii.

All off-street parking must be provided in the rear or side yards and screened by an opaque wall or landscaping at least three (3) feet in height. No parking is allowed in the front or side yard setback.

iii.

No commercial vehicle may be parked on the street or on the premises overnight except in an enclosed garage.

c.

Bicycle parking: Shall be provided near the front entrance and covered where possible.

i.

For each four hundred (400) square feet of neighborhood commercial use there shall be one (1) bicycle space.

ii.

Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.

d.

Other standards:

i.

Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m.

ii.

Outdoor storage: No outdoor storage shall be permitted.

iii.

Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.

6.

Setbacks, height requirements for new or enlarged buildings. The setback and height requirements for a new or redeveloped building shall be:

a.

Yard setback:

i.

Shall meet the minimum yard setback as required in the R-1 zone district;

ii.

Outdoor seating may be located in the front, rear and side yard setback but must be screened from adjacent residential uses.

b.

Building height: Proposed new or enlarged building shall meet the following;

i.

When located between two (2) existing buildings the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of the adjacent buildings measured in a like manner.

ii.

When located adjacent to an existing building and on a corner lot or next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the adjacent building or the average height of the adjacent building and the underlying zone measured in a like manner.

iii.

When located on a corner lot and next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of all buildings on the block measured in a like manner or of the underlying zone.

(Ord. 309, 1998: Ord. 199 (part), 1985; Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019; Ord. No. 492, § 3, 4-23-2024)

Urban two-unit development for property meeting the requirements of Government Code Section 65852.21 can ministerially develop one (1) primary dwelling unit and one (1) urban primary dwelling unit, (plus one (1) accessory dwelling unit (ADU) and one (1) junior accessory dwelling (JADU) - maximum four (4) units subject to the provisions of Section 17.50.130 - Single-family dwellings, accessory dwelling units, and manufactured homes - development/architectural standards and meeting the following requirements:

1.

Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

Housing that has been occupied by a tenant in the last three (3) years.

2.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code chapter 12.75 (commencing with § 7060) of division 7 of title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

3.

The proposed housing development does not allow the demolition of more than twenty-five percent (25%) of the existing exterior structural walls, unless the housing development meets at least one (1) of the following conditions:

a.

If a local ordinance allows - demolition of more than twenty-five percent (25%) of the existing exterior structural walls is permitted.

b.

The site has not been occupied by a tenant in the last three (3) years.

c.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4.

No standards herein adopted shall not preclude the construction of up to two (2) units or that would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area.

a.

Notwithstanding the above, no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

b.

Notwithstanding the above, in all other circumstances not described in clause (i), the required setback of up to four (4) feet from the side and rear lot lines.

c.

Front yard setbacks shall be as provided in the zone district where two-unit development is permitted.

5.

Off-street parking of up to one (1) space per unit shall be required, except that no off-street parking shall be imposed in either of the following instances:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car shared vehicle located within one (1) block of the parcel.

6.

For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

7.

The city building official may deny a proposed housing development projects if written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

8.

Rental of any unit created under the urban two-unit development shall be a term longer than thirty (30) days.

9.

Notwithstanding Section 65852.2 (Accessory Dwelling Units) or 65852.22 (Junior Accessory Dwelling Units), a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.

10.

Notwithstanding subparagraph (8), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

11.

Units constructed pursuant to this section shall be included in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.

12.

For purposes of this section, all the following apply:

13.

A housing development contains two (2) residential units if the development proposes no more than two (2) new units or if it proposes to add one (1) new unit to one (1) existing unit.

14.

The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.

15.

Urban lots created as provided under title 16, chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an urban lot split shall be limited to two (2) dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two (2) lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one (1) primary dwelling unit and one ADU and UL Parcel 2 may be developed with one (1) primary dwelling unit and a JADU. Maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under title 16 subdivision, chapter 16.06 urban lot splits are subject to the City of Arvin's Development Impact Fees and require separate utility connections. Once an urban lot is created, no additional land divisions are permitted.

16.

Prior or concurrent to the ministerial approval of a residential development on a urban lot created under title 16 - subdivision chapter 16.06 urban lot splits documentation shall be submitted at the time of submittal of a building permit which document compliance with the requirements of title 16 - subdivision, chapter 16.06 urban lot splits. Submitted documentation of compliance required by title 16 subdivision, chapter 16.06 urban lot splits shall be in a form as may be required by the city planner.

(Ord. No. 492, § 3, 4-23-2024)