(See Section 120 of this article for Second Dwelling Units.)

(a)

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any Zoning District.

(b)

Accessory uses and structures are also subject to the development and site regulations found under Development Regulations and Additional Development Standards for each Zoning District in Chapter 2. Accessory structures shall be designed to be of similar and compatible architecture and materials as the main buildings and shall be located, developed, and operated in compliance with the following standards:

(c)

Agricultural accessory structures. In the Agriculture Zoning District, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural use including stables, barns, pens and sheds, other structures for the housing of such animals, feed, equipment, tools, and solar photovoltaic panels. In the Open Space District, agricultural accessory uses and structures may be allowed if a primary agricultural use is approved for the property.

(1)

Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Community Development Director.

(2)

Building separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.

(3)

Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.

(d)

Residential accessory structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, swimming pools, spas, workshops, detached covered decks and patios, detached uncovered decks and patios eighteen (18) inches in height or greater, other similar structures, and solar photovoltaic panels. Uncovered decks and patios under eighteen (18) inches in height, and fences are not subject to the regulations in this section. For residential second units or Accessory Dwelling Units, please see Section 9-5.121, Second Dwelling Units.

(1)

Attached structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this title. An attached structure shall comply with all requirements of this title applicable to the main structure, including, but not limited to setback requirements and height limits.

(2)

Number of structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Community Development Director.

(3)

Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of 1,000 square feet unless approved by the Community Development Director. In reviewing a request for additional size, the Community Development Director may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

(4)

Height. The maximum height shall not exceed eighteen (18) feet.

(5)

Building separation. Detached accessory structures requiring a building permit, with the exception of shade structures shall be separated from any main building by a minimum of six (6) feet.

(6)

Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than five (5) feet to any rear property line, except when the rear property line is adjacent to an alley right-of-way, street right-of-way, park or other open space, the accessory building shall not be closer than one (1) foot to such rear property line. If an accessory building is or under one hundred twenty (120) square feet, it may be permitted within the required side yard setback so long as it is located in the rear one-third of the lot and does not encroach upon the adjacent property and allows for proper drainage. Detached accessory buildings shall meet all other setback requirements of the main building.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 865, § 2, eff. 4-18-2024)

(a)

Purpose and intent.

(1)

It is the purpose and intent of this article to regulate adult use businesses, including the regulation of live nude and live semi-nude entertainment, in order to promote the health, safety, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult use businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult use businesses. The City Council finds that among these secondary effects are increased incidents of unlawful conduct and disorderly behavior, generating a disproportionate demand for police responses; depreciated property values; vacancy problems; blighted conditions; and interference with neighbors' enjoyment of property due to debris, noise, vandalism, and depreciated property values. The City Council in adopting the ordinance codified in this article takes legislative notice of the existence and content of the following studies that substantiate the adverse secondary effects of adult use businesses:

a.

Neighborhood Deterioration and the location of Adult Entertainment Establishments in St. Paul, Minnesota, Minnesota Crime Control Planning Board, April 1978.

b.

Effects on surrounding area of Adult Entertainment Businesses in Saint Paul, Minnesota, Minnesota, Minnesota Crime Control Planning Board, June 1978.

c.

Adult Entertainment Businesses in Indianapolis, Indiana: An Analysis, Department of Metropolitan Development, February 1984.

d.

Final Report to the City of Garden Grove, California: The Relationship between Crime and Adult Business Operations on Garden Grove Boulevard, Richard McCleary, PhD., James W. Meeker, J.D., PhD. October 23, 1991.

e.

Adult Entertainment: Land Use and Legal Perspectives, Rochester Consolidated Planning Department, Rochester, New York, 1988.

f.

Adult Entertainment, 40-Acre Study, Department of Planning and Economic Development, Saint Paul, Minnesota April 1987.

g.

Report of the Attorney General's Working Group on the regulation of Sexually Oriented Businesses, Hubert H. Humphrey, III, Attorney General, State of Minnesota, June 6, 1989.

h.

Report to The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses, Environmental Research Group, March 31, 1996.

i.

Report to Reedley City Council regarding Municipal Code Amendments Establishing Regulations for Sexually Oriented Businesses, Reedley Administrative Staff, Reedley, California, May 9, 2000.

j.

Summary of the Final Report of the Attorney General's Commission on Pornography, Richard E. McLawhorn, July 1986.

(2)

The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any non-obscene communicative materials, including non-obscene sexually-oriented materials. Similarly, it is neither the intent nor the effect of this article to restrict or deny access by adults to non-obscene sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of non-obscene sexually-oriented entertainment to their intended market. Neither is it the intent nor is it the effect of this article to condone or legitimize the distribution of obscene material or material harmful to minors.

(3)

The City Council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F. 3d 325, 329 (4th Cir. 1996), certiorari denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F. 3d 701 (6th Cir. 1996), certiorari denied 520 U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions]. The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a city to be available in the community.

(b)

Definitions. When used in this article, the following words and phrases shall have the meanings ascribed to them in this section:

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show still or moving images, by means of film, motion picture, video cassette, video disk, photographic slide, or other photographic or computer-generated means, where such still or moving images are characterized by the depiction, simulation, or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store, or adult video store mean commercial establishments which devote a significant or substantial portion of its interior business or advertising to the sale, rental or viewing, for any form of consideration, of one or more books, magazines, periodicals or other printed or photographic or still or moving images by means of film, motion picture, video cassette, video disk, photographic slide, or other photographic or computer-generated means, where such still or moving images are characterized by the depiction, simulation, or description of specified sexual activities or specified anatomical areas; provided, that an establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical activities, and still be categorized as an adult bookstore, adult novelty store or adult video store and such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for any form of consideration, one or more of the specified materials which depict, simulate, or describe specified anatomical areas or specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served there, which regularly features: (1) persons who appear semi-nude; or (2) live performances which are characterized either by the exposure of specified anatomical areas or by the performance or simulation of specified sexual activities; or (3) the presentation, showing, sale, rental, or viewing of photographs or still or moving images by means of the sale, rental, or showing of film, motion picture, video cassette, video disk, photographic slide, or other photographic or computer-generated devices or mechanisms, where such still or moving images available thereby or manifested therewith are characterized by the depiction, simulation, or description of specified sexual activities or specified anatomical areas.

Adult motel means a motel, hotel or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, video disks, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually-oriented material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets, leaflets, radio, or television; or (2) offers a sleeping room for rent for a period of time less than ten (10) consecutive hours; or (3) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) consecutive hours.

Adult motion picture theater means a commercial establishment where film, motion pictures, video cassettes, video disks, slides or similar photographic reproductions characterized by the depicting or description of specified sexual activities or specified anatomical areas are regularly featured for any form of consideration.

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which for any form or consideration, regularly features persons who appear semi-nude or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Adult use businesses means any and all of the following:

(1)

Adult arcade;

(2)

Adult bookstore;

(3)

Adult cabaret;

(4)

Adult motion picture theater;

(5)

Adult novelty store;

(6)

Adult theater;

(7)

Adult video store;

(8)

Adult motel.

Employee means a person who works or performs in and/or for an adult use business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

Establishing means and includes any of the following:

(1)

The opening or commencement of any business as a new business subsequent to the effective date of the ordinance codified in this article; or

(2)

The conversion of any existing business (whether or not an adult use business) to an adult use business, as defined in this article, subsequent to the effective date of the ordinance codified in this article; or

(3)

The addition of any adult use business, as defined in this article, to any other existing adult use business; or

(4)

The relocation of any adult use business.

Nude, nudity, or state of nudity mean the appearance or showing of the human bare buttocks, anus, male genitals, female genitals, areola or nipple of the female breast, pubic hair, or pubic region.

Operator means and includes the owner, custodian, manager, operator or person in charge of any adult use business.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Public building means any building owned, leased or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes.

Public building regularly frequented by children means any building owned, leased or held by the United States, the County, the City, and special district, school district, or any other agency or political subdivision of the State or the United States, which building is used as a library, community center, children's museum or youth center, or any other use having special attraction to children, or which building is often visited by children for social activities, unaccompanied by their parents or other adult custodians.

Public park or recreation area means public land which has been designated for park, recreational or arts activities including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, or similar public land within the City which is under the control, operation or management of the City or the Recreation District.

Regularly features or regularly featured means, with respect to an adult cabaret, adult theater, or adult motion picture theater, what is featured or shown at least one time within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

Residential zone means property which is zoned as residential and/or as a single-family house, duplex, townhouse, multiple-family dwelling, or mobile home park or subdivision, including property within the Residential-Ranchette District (RR), the Residential Estate District (RE), the Residential Single Family District (RSF), the Residential Traditional Neighborhood District (RT), the Residential Medium Density District (RMD), and the Residential High Density District (RHD).

Sensitive use means property and uses which are adversely affected by adult use businesses. These uses include residential zones, schools, religious institutions, youth and senior centers, day care centers, parks, libraries, post offices and other public buildings.

School means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

Semi-nude means a state in which clothing or other opaque covering covers and obscures no more than the genitals and pubic region of a male human, or no more than the genitals, pubic region, and entirety of the breast of a female human below a point at the top of the areola, with the exception of portions of the body covered by supporting straps or devices.

Sexually-oriented materials means any physical objects or visual images, however stored, recorded, or manifested, that are offered for sale, rental or viewing and that simulates, depicts or describes "specified anatomical areas" or that are offered for sale or rental for use in "specified sexual activities" (other than condoms sold in conformity with laws otherwise applicable).

Significant or substantial portion means that fifteen (15) percent or more of interior floor space or display space is devoted to depiction of specified sexual activities or sexually-oriented materials, or that fifteen (15) percent or more of actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of sexually-oriented materials, as defined in this section.

Specified anatomical area means and includes any one or more of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below the top of the areola; or

(2)

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

Specified sexual activity means and includes without limitation any of the following:

(1)

The fondling or other intentional touching of one's own or another's human genitals, pubic region, pubic hair, perineum, anus, or female breast, whether the person so touched is nude, semi-nude, or clothed or covered, or

(2)

The fondling or other intentional touching of the buttock of any nude or semi-nude person; or

(3)

Sex acts, normal or perverted, actual or simulated, whether the actor or actors is or are nude, semi-nude, or clothed or covered, including actual or simulated vaginal intercourse, anal intercourse, oral copulation, sodomy, oral-anal copulation, bestiality, flagellation or masochism or torture in the context of a sexual act, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, or sapphism; or

(4)

Whether the actor is nude, semi-nude, or clothed or covered, acts of human masturbation, actual or simulated; animal masturbation, actual or simulated; erotic or lewd touching of an animal, actual or simulated; or human or animal ejaculation, actual or simulated; or

(5)

Human genitals in a state of sexual stimulation, arousal or tumescence discernible to any other person or male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(6)

The display or showing of excretory, urinary, or female menstrual functions or vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections (1) through (4) of this definition; or

(7)

Dancing by one or more live persons in a manner that exposes to the view of any other person a specified anatomical area or that constitutes the public simulation by a clothed person of any specified sexual activity.

Substantial enlargement of a sexually-oriented business means an increase in the floor areas occupied by the business by more than fifteen (15) percent, as the floor areas exists on December 8, 2001 (effective date of the ordinance codified in this article).

Transfer of ownership or control of an adult use business means and includes any of the following:

(1)

The sale, lease or sublease of the business; or

(2)

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

(3)

The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by request or other operation of law upon the death of a person possessing the ownership or control.

(c)

Location. Subject to compliance with all conditions, regulations and procedures enumerated in this article, a person may use a premises for an adult use business only within the following specified areas within the Light Manufacturing/Business District (MBL):

(1)

Within the Light Manufacturing/Business District (MBL) located in the southernmost peninsula of town, bounded by Highway 198 to the west, Lucille Street to the north, the City Limits to the east, and Firestone Street as the southernmost border; and must be at least 800 feet from the nearest Residential Zoning District. This section of land contains sixteen (16) individual parcels constituting an overall area of twenty and two-tenths (20.20) acres (does not include a 0.42 acre site owned and operated by the City).

(2)

Adult use businesses shall be prohibited in all other areas of in the City.

(d)

Regulated uses. The following adult use businesses are subject to the provisions of this article:

(1)

Adult arcade;

(2)

Adult bookstore;

(3)

Adult cabaret;

(4)

Adult motel;

(5)

Adult motion picture theater;

(6)

Adult novelty store;

(7)

Adult theater;

(8)

Adult video store;

(9)

Any other business which devotes fifteen (15) percent or more of its interior floor space or display space to sexually-oriented materials or specified sexual activities, regardless of the name, title or designation used by the business itself.

(e)

Regulations governing existing adult use businesses. An adult use business lawfully established and operating as a conforming use is not rendered a nonconforming use by the location, subsequent to its establishment, of a sensitive use within 300 feet of the adult use business.

(f)

Locational regulations. No person shall cause or permit the establishing of any adult use business (as defined within Section 9-5.102(b), Definitions, of this article) within 300 feet of another adult use business; or within 300 feet of any sensitive use as defined in this article.

(g)

Measurement of distance. For purposes of Section 9-5.102(e), Regulations governing existing adult use business, and Section 9-5.102(f), Locational regulations, of this article, the distance between any two (2) adult use businesses or between an adult use business and a sensitive use shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line of the property on which the one adult use business is located to the nearest point on the property line of the property on which the other adult use business, or the sensitive use is located.

(h)

Permits required.

(1)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult use business unless the person first obtains and continues to maintain in full force and effect a permit from the City as herein required (Adult use business regulatory permit).

(2)

It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult use business unless the person first obtains and continues in full force and effect a permit from the City as herein required (Adult use business performer permit).

(i)

Adult use business regulatory permit required.

(1)

Every person who proposes to maintain, operate or conduct an adult use business in the City shall file an application with the Police Chief upon a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(2)

Adult use business regulatory permits are nontransferable, except in accordance with Section 9-5.102(l), Transfer of adult use business regulatory permits, of this article. Therefore, all applications shall include the following information:

a.

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

b.

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

c.

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

d.

If the applicant is an individual or a partnership, whether the individual applicant or any general partner has ever been convicted of:

1.

Any of the offenses set forth in Sections 313.1, 315, 316, 266a, 266b, 266c, 266e, 266g, 266f, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

2.

The equivalent of the aforesaid offenses outside the State of California.

(3)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

(4)

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

(5)

A description of the type of the adult use business for which the permit is requested and the proposed address where the adult use business will operate, plus the names and addresses of the owners and lessors of the adult use oriented business site.

(6)

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

(7)

The names of all employees, independent contractors, and other persons who will perform at the adult use business, who are required by Section 9-5.102(m), Adult Use Business Performer Permit, of this article, to obtain an adult use business performer permit (for ongoing reporting requirements see Section 9-5.102(m) of this article).

(8)

A site plan, drawn to scale which indicates clearly, with full dimensions, the following information shall be provided:

a.

Lot or site dimensions.

b.

All buildings and structures: location, size, height, and proposed use.

c.

Yards and space between buildings.

d.

Walls and fences: location, height and materials.

e.

Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

f.

Access: pedestrian, vehicular, service: points of ingress and egress, internal circulation.

g.

Signs: locations, size, height and type of illumination, if any, including hooding devices.

h.

Exterior lighting: location and general nature, hooding devices, strength (in foot candles), site coverage.

(9)

A diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult use business. The diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.

(10)

A certificate and straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult use business, and: (1) the property line of any other adult use business within 300 feet of the property lien of the adult use business for which a permit is requested; and (2) the property lines of any sensitive use as defined in this article within 300 feet of the property line of the adult use business.

(11)

If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant ten (10) days or less to complete the application properly. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(12)

The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult use business regulatory permit.

(j)

Investigation and action on application for an adult use business regulatory permit.

(1)

Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult use business regulatory permit.

(2)

Within forty-five (45) days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

a.

The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

b.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

c.

If the application is granted, the Police Chief shall attach a copy of the application to an adult use business regulatory permit.

d.

A copy of the application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(3)

The Police Chief shall grant the applicant and issue the adult use business regulatory permit upon findings that the proposed business meets the locational criteria of Section 9-5.102(f), Locational Regulations, of this article, and that the applicant has met all of the development and performance standards and requirements of Section 9-5.102(s), Register and Permit Number of Employees, of this article, unless the application is denied for one or more of the reasons set forth in Section 9-5.102(k), Permit Denial, of this article. The permittee shall post the permit conspicuously in the adult use business premises.

(4)

If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within forty-five (45) days after it is stamped as received [except as provided in Section 9-5.102(i)(11) this article], the applicant may begin operating the adult use business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this article.

(k)

Permit denial.

(1)

The Police Chief shall deny the application for any of the following reasons:

a.

The building, structure, equipment, or location used by the business for which an adult use regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

b.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult use business regulatory permit.

c.

An applicant is under eighteen (18) years of age.

d.

The required application fee has not been paid.

e.

The adult use business does not comply with the Coalinga zoning ordinance locational standards, Section 9-5.102(f), Locational Regulations.

f.

The applicant or any of his or her employees, partners, officers or directors (if the applicant is a corporation or partnership) has been convicted of any of the offenses specified in Section 9-5.102(m)(4)e. of this article.

(2)

Each adult use business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

(l)

Transfer of adult use business regulatory permits.

(1)

A permittee shall not operate an adult use business under the authority of an adult use business regulatory permit at any place other than the address of the adult use business stated in the application for the permit.

(2)

A permittee shall not transfer ownership or control of an adult use business or transfer an adult use business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Police Chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Police Chief in accordance with Section 9-5.102(i), Adult use business regulatory permit required, of this article, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with Section 9-5.102(j), Investigation and action on application for an adult use business regulatory permit, of this article, that the transferee would be entitled to the issuance of an original permit.

(3)

No permit may be transferred when the Police Chief has notified the permittee that the permit has been or may be suspended or revoked.

(4)

Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(m)

Adult use business performer permit.

(1)

No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult use business in any location within the City without a valid adult use business performer permit issued by the City for the said location. All persons who have been issued an adult use business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 102.9, Adult use business regulatory permit required, of this article, with the names of all performers required to obtain an adult use business performer permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult use business regulatory permit.

(2)

The Police Chief shall grant, deny and renew adult use business performer permits.

(3)

The application for a permit shall be made on a form provided by the Police Chief. An original and two (2) copies of the completed and sworn permit application shall be filed with the Police Chief.

(4)

The completed application shall contain the following information and be accompanied by the following documents:

a.

The applicant's legal name and any other names (including stage names and aliases) used by the applicant;

b.

Age, date and place of birth;

c.

Height, weight, hair and eye color;

d.

Present residence address and telephone number;

e.

Whether the applicant has ever been convicted of:

1.

Any of the offenses set forth in Sections 313.1, 315, 316, 266a, 266b, 266c, 266e, 266f, 266g, 266h, 266l, 647(a), 647(b) and 47(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

2.

The equivalent of the aforesaid offenses outside the State of California.

f.

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

g.

State driver's license or identification number;

h.

Satisfactory written proof that the applicant is at least eighteen (18) years of age;

i.

The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

j.

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.

(5)

The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the City Council.

(6)

Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.

(7)

If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant not more than ten (10) days to complete the application properly. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(n)

Investigation and action on application for adult use business performer permit.

(1)

Within forty-five (45) days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows:

a.

The Police Chief shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.

b.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

c.

If the application is approved, the Police Chief shall attach to the application a copy of the adult use business performer permit.

d.

A copy of the application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(2)

The Police Chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (n)(4) of this section.

(3)

If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within forty-five (45) days after it is stamped as received [except as provided in Section 9-5.102(m)(7) of this article, the applicant may begin performing in the capacity for which the permit was sought.

(4)

The Police Chief shall deny the application for any of the following reasons:

a.

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

b.

The applicant is under eighteen (18) years of age.

c.

The adult use business performer permit is to be used for performing in a business prohibited by State or City law.

d.

The applicant has been registered, licensed or permitted in any state as a prostitute.

e.

The applicant has been convicted of any of the offenses enumerated in Section 9-5.102(m)(4)e. or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.

(5)

Each adult use business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.

a.

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult use business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult use business performer permit.

(o)

Suspension or revocation of adult use business regulatory permits and adult use business performer permits. An adult use business regulatory permit or adult use business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

(1)

In the event that the Chief of Police of the City has reasonable cause to believe and does believe that any permittee or other person employed by or representing such permittee is violating any of the provisions of this article or any other law or ordinance relating to the business of the permittee, including, but not limited to those offenses listed in Section 9-5.102(o)(2) of this article, he or she shall have power to and shall be authorized to suspend such license and all permits issued. If no written appeal is filed with the City Clerk protesting such suspension within two (2) business days of the date of such suspension, such suspension shall be deemed permanent and all such permits issued thereunder shall be deemed revoked.

(2)

A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult use business:

a.

The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

b.

The permittee, employee, agent, partner, director, stockholder, or manager of an adult use business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult use business, or in the case of an adult use business performer, the permittee has engaged in one of the activities described below while on the premises of an adult use business:

1.

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

2.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

3.

Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

4.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Section 647 (b) of the California Penal Code.

5.

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4 of the California Penal Code.

6.

Any conduct prohibited by this chapter.

7.

Failure to abide by a disciplinary action previously imposed by an appropriate City official.

(p)

Appeal of denial, suspension or revocation. In the event that any applicant desires to appeal from any order, denial, order of suspension, or any other ruling of the Police Chief made under the provisions of this article dealing with adult use business regulatory permits or adult use business performer permits, such applicant or any other person aggrieved thereby shall file written notice of such appeal with the City Clerk and such matters shall be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. Upon the filing of such written notice of appeal, the order, denial, order of suspension, or other ruling of the Police Chief shall be stayed pending the decision of the City Council. The decision of the City Council shall be final upon all parties concerned. The effect of the decision of the City Council shall be stayed while the permittee seeks prompt judicial review, if any.

(q)

Prohibitions regarding minors and adult use businesses. It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated an adult use business, and knowingly or with reasonable cause to know, permits, suffers, or allows any one or more of the following to occur:

(1)

Admittance of a person under eighteen (18) years of age to the business premises; or

(2)

A person under eighteen (18) years of age to remain at the business premises; or

(3)

A person under eighteen (18) years of age to purchase goods or services at the business premises; or

(4)

A person who is under eighteen (18) years of age to work at the business premises as an employee; or

(5)

If the business operates under the authority of a license issued by the California Department of Alcohol Beverage Control (ABC), admits anyone under the age of twenty-one (21) or allows any other activity to occur within or on the premises of the business which is prohibited by the license issued by ABC or by ABC regulations.

(r)

Advertising and construction regulations.

(1)

It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated an adult use business and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance.

(2)

It is unlawful and a person commits a misdemeanor if he, she, or it operates or causes to be operated an adult use business and displays or otherwise exhibits the materials or performances of such adult use businesses in any advertising. This prohibition shall not extend to advertising of the existence or location of such adult use business.

(3)

All signing and architectural graphics shall comply with the provisions of Chapter 4, Article 5, Signs, of this title.

(4)

Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building and safety division regulations and standards.

(5)

No loudspeakers or sound equipment shall be used in an adult use business for the amplification of any sound to a level discernible by the public beyond the walls of the building in which such use is conducted.

(6)

The building entrance to an adult use business shall be clearly and legibly posted by a notice indicating that minors are excluded from entering the premises.

(7)

All off-street parking areas and entrances to the premises of an adult use business shall be illuminated from dusk until at least the closing hour of operation with a lighting system which provides an average maintained horizontal illumination of a twenty (20) foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult use business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(8)

The adult use business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any books, magazines, printed or photographic material described in Section 9-5.102(b) of this article. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult use business that deals exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(9)

The following additional requirements shall pertain to adult use businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:

a.

No person shall perform live entertainment for patrons of an adult use business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. "Entertainer" means any person who is an employee or independent contractor of the adult use business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult use business.

b.

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

c.

The adult use business shall provide an entrance/exit for entertainers, which is separate from the entrance/exit used by patrons.

d.

The adult use business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use business shall provide a minimum three (3) foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e.

No entertainer, before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult use business.

f.

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

g.

No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

h.

No owner or other person with managerial control over an adult use business (as that term is defined herein) shall permit any person on the premises of the adult use business to engage in live nude entertainment or perform any work or service while in a state of nudity, or engage in or perform obscene live conduct as defined in Section 311(g) of the Penal Code. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

i.

No person shall engage in nude entertainment or perform any work or service while in a state of nudity, or engage in or perform "obscene live conduct" as defined in Section 311(g) of the Penal Code.

(10)

A person who operates or causes to be operated an adult use business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, video disk, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a.

The interior diagram of an adult use business regulatory permit, required pursuant to Section 9-5.102(i) of the Municipal Code, shall specify the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted to enter. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimensions greater than eight (8) feet. No alteration in the configuration or location of a manager's station may be made without the prior approval of the Police Chief.

b.

It is the duty of the owner(s) and the operator(s) of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

c.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing capability. if the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

d.

The view area specified in Section 9-5.102(s)(11)c. above of this article shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted to enter.

e.

No viewing room may be occupied by more than one person at any one time.

f.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.

g.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

h.

The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult use business.

(11)

All areas of the adult use business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(12)

Adult use businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.

Adult use businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty.

b.

Security guards for other adult use businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct listed in Section 9-5.102(o)(2)b. of this article from occurring on the premises.

c.

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(13)

Nothing contained in this section shall relieve the owner or owners or operator or operators of an adult use business from complying with the requirements of this article as it may be amended from time to time, or any other existing or subsequently enacted City ordinances or regulations.

(14)

The foregoing applicable requirements of this section shall be deemed conditions of adult use business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

(s)

Register and permit number of employees. Every permittee of an adult use business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any Police Officer of the City.

(t)

Display of permit and identification cards.

(1)

Every adult use business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such adult use business in a conspicuous place so that the same may be readily seen by all persons entering the adult use business.

(2)

The Police Chief shall provide each adult use business performer required to have a permit pursuant to this chapter, with an identification card containing the name, address, photograph and permit number of such performer.

(3)

An adult use business performer shall have such card available for inspection by a Police Officer of the City at all times during which such person is employed by and on the premises of the adult use business.

(4)

It shall be the manager's responsibility to verify that performers have their permits in their possession prior to performing.

(u)

Employment of and services rendered to minors prohibited.

(1)

It shall be unlawful for any permittee, operator, or other person in charge of any adult use business to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen (18) years of age.

(2)

It shall be unlawful for any permittee, operator, or other person in charge of any adult use business to permit to enter, or remain within the adult use business, any person who is not at least eighteen (18) years of age.

(3)

It shall be unlawful for any permittee, operator or other person in charge of any adult use business which operates the business in conjunction with a license issued by the California Department of Alcohol Beverage Control Commission (ABC), to permit to enter, or remain within the adult use business, any person who is not at least twenty-one (21) years of age.

(v)

Hours of operation.

(1)

It is unlawful and a person commits a misdemeanor if he, she, or it operates, permits or causes to be operated an adult use business, where that person operates or permits or causes such business to remain open for business, or permits or causes any employee to engage in a performance, to solicit a performance, to make a sale, to solicit a service, between the hours of 12:00 midnight and 12:00 noon of any day.

(2)

It is unlawful and a person commits a misdemeanor if, working as an employee of an adult use business, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 12:00 midnight and 12:00 noon of any day.

(w)

Time limit for filing application for permit. All persons who possess an outstanding business license heretofore issued for the operation of an adult use business and all persons required by this chapter to obtain an adult use business performer permit, must apply for and obtain such a permit within ninety (90) days of the effective date of this article. Failure to do so and continued operation of an adult use business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult use business after such time without a permit shall constitute a violation of this chapter.

(x)

Violations. In addition, any adult use business shall be subject to the following restrictions:

(1)

A person commits a misdemeanor if he or she or it operates, allows to be operated, or causes to be operated an adult use business outside of the district enumerated in Section 9-5.102(c), Location, of this article, or if he, she, or it operates, allows to be operated, or causes to be operated an adult use business within 300 feet of any sensitive use as defined by Section 9-5.102(b) of this article, or if he, she, or it operates, allows to be operated, or causes to be operated an adult use business within 300 feet of the boundary of any residential zone or the boundary of a lot devoted to a conforming residential use or if he, she, or it operates, allows to be operated, or causes to be operated an adult use business within 300 feet of another adult use business.

(2)

It is a defense to prosecution under this section if a person appearing in a state of nudity does so in a modeling class operated in compliance with both of the following criteria:

a.

That the class is operated either by a proprietary school, licensed by the State of California; a publicly-owned college, junior college or publicly-owned university supported entirely or partly by taxation or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; and

b.

That the class is operated entirely within a structure:

1.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and

2.

Where, in order to participate in a class a student is customarily required to enroll in advance of the class (though late registrations may be allowable by the institution offering the class), and

3.

Where no more than one nude model is on the premises at any one time.

(y)

Injunction. A person who operates or causes to be operated an adult use business in violation of the locational restrictions of this chapter, is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine and imprisonment, as fixed by the Superior Court, and if an injunction must be sought, attorneys' fees and costs will be assessed at the discretion of the court against the adult use business.

(z)

Inspection.

(1)

The operator shall permit representatives of the Police Department, Community Development Department, the County Health Department, and the Fire Department to inspect the premises of an adult use business for the purpose of ensuring compliance with this article and applicable health and safety laws, at any time it is occupied or at any time it is open for business.

(2)

It is unlawful and a person who operates an adult use business or his, her, or its agent or employee commits a misdemeanor if he, she, or it refuses to permit such lawful inspection of the premises at any time that it is occupied or at any time that it is open for business.

(aa)

Criminal penalties and additional legal, equitable and injunctive relief. In addition to whatever penalties are applicable under the California Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this article, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine or by imprisonment not to exceed sixty (60) days in the Fresno County jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered a separate offense. Nothing in this section shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy a violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

(bb)

Immunity from prosecution. The City and its designee, the Police Department and all other departments and agencies, and all other City officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon an adult use business while acting within the scope of authority conferred by this article.

(cc)

Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. Nothing in this chapter is intended to supplant or supersede the rules or regulations of the Department of Alcohol Beverage Control of the State of California ("ABC") pertaining to licensed premises, rather, the policies, rules and regulations of this chapter are to be construed as supplemental to those of ABC for said licensed premises.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose. It is the intent of this section to prevent problems associated with commercial establishments involved in the sale of alcohol for consumption on-site (on-sale) or off-premises (off-sale), and to prevent over-concentration. It has been demonstrated that such establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. Therefore, the purpose of this section is to establish regulations to govern land uses involved in the dispensing of alcoholic beverages.

(b)

Requirements for business operation. An application for a Conditional Use Permit shall be filed with the Community Development Department, prior to the application to Department of Alcoholic Beverage Control of the State of California ("ABC") for a new liquor license or change in location. Depending on individual cases, ABC may require documentation of "Public Convenience and Necessity" (PCN) from the City of Coalinga to justify that the location, concentration, or issuance of a particular license would be supported by the City. A business license may only be approved after the approval of both the Conditional Use Permit and the State liquor license.

(c)

Conditional Use Permit approval. A Conditional use permit approval is required for any use involving the sale of alcoholic beverages for consumption on and off the premises. While the Conditional Use Permit approval requirement is a separate requirement from any other Conditional Use Permit required for uses on the subject property, the Planning Commission at its discretion may allow the combination of two (2) or more such Conditional Use Permits into one application.

(1)

Any person, association, partnership, corporation, or other entity desiring to obtain an alcoholic beverage establishment conditional use permit shall file an application with the Community Development Department on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee, in the amount established by City Council resolution.

(2)

Application for Conditional Use Permit. The application shall contain the following information:

a.

The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible management officer.

b.

Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.

c.

The proposed business name of the alcoholic beverage establishment and description of all operating aspects of the proposed business.

d.

Street address of the proposed alcoholic beverage establishment and the assessor parcel number for the property.

e.

A site plan for the property depicting the location of the building housing the alcoholic beverage establishment on the property and all existing and proposed parking, exterior lighting, signage and landscaping, trash enclosures, waiting or queuing areas, fencing, and neighboring structures.

f.

Any other information reasonably necessary to demonstrate consistency with the purpose as stated in Section 9-5.103(a) of this chapter.

(3)

The Community Development Director may refer the application to other City departments to determine whether the premises where the alcoholic beverage establishment will be located, complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

(4)

Notice and public hearing requirements shall be as set forth in Chapter 6, Article 5, Conditional Use Permits.

(5)

Grounds for denial or revocation of Conditional Use Permit. The Planning Commission may deny, suspend for up to one year, or revoke the conditional use permit if determined from consideration of the application, City inspection of the premises or other pertinent information that:

a.

Information contained in the application or supplemental information requested from the applicant is false in any material detail.

b.

The operation of the alcoholic beverage establishment is or would be in violation of one or more provisions of these regulations and Chapter 6, Article 5, Conditional Use Permits.

c.

The premises where the alcoholic beverages establishment is or will be located does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances.

d.

A conditional use permit to operate the alcoholic beverage establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten (10) percent of the applicant's corporate stock, which Conditional Use Permit has been suspended and the period of suspension has not yet ended.

e.

The proposed use will adversely affect the welfare of the area residents or will result in an undue concentration in the area of alcoholic beverage establishments.

f.

The proposed location is inappropriate for the proposed use by virtue of its proximity to:

1.

Residential buildings and residentially-zoned property;

2.

Churches, schools, hospitals, public playgrounds and other similar uses; and

3.

Other alcoholic beverage establishments.

g.

The proposed use will be of such a size or propose an activity level, including but not limited to music, entertainment activities, food service, arcade games or other amusement activities, such that it would be incompatible or unsuitable with the uses in and/or character of, the surrounding area.

h.

Failure to comply with conditions of approval, traffic congestion, noise generation.

i.

Complaints from the public regarding adverse operating characteristics.

j.

Failure to comply with Alcoholic Beverage Control (ABC) laws and regulations, or suspension of the applicant's license by the ABC.

(6)

Notice and public hearing. Notice of Conditional Use Permit denial, suspension, or revocation shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form. Penalties may be enforced per Chapter 6, Article 11, Enforcement, and Section 1-2.01 to 1-2.08 of the Coalinga Municipal Code. The Planning Commission may choose to review the case for denial, suspension, or revocation in a public hearing.

(7)

Conditions of approval for conditional use permit. The Community Development Director may recommend conditional issuance of an alcoholic beverage establishment use permit by reasonable conditions to insure compliance with the provisions of Section 9-5.103(e) (Non-conforming uses),below, and other sections of the Coalinga Municipal Code. Failure to comply with conditions imposed may result in the suspension or revocation of an existing Conditional Use Permit.

(8)

Each Conditional Use Permit issued for Alcohol Beverage Sales is only valid for the specific location and operational characteristics of the establishment as described in the conditional use permit application.

(9)

Sale or transfer of business.

a.

No Conditional Use Permit issued pursuant to this article may be assigned or transferred without notification to the Community Development Director, who may refer the sale or transfer request to the Planning Commission for information.

b.

Transfer of partnership or corporate ownership. Notification of a transfer or Conditional Use Permit shall be required prior to any change in interest in a partnership or ownership of ten (10) percent or more of the stock of a corporation to any person who is not listed as the applicant on the approved application.

(10)

A new Conditional Use Permit is required under the following circumstances:

a.

Prior to any change in the location of the alcoholic beverage establishment.

b.

Prior to the change of mode or manner of operation of any existing alcoholic beverage establishment.

c.

Prior to the enlargement or expansion of any existing alcoholic beverage establishment, including but not limited to, physical expansion of the facility or expansion of the nature of the business, such as the hours of operation, scope of activities, and number of tables.

(d)

Exceptions. The provisions of this section shall not apply to full service restaurants, private clubs and veteran or fraternal clubs, or the temporary sale of alcoholic beverages by a church, school or charitable group as defined by the Alcoholic Beverage Control (ABC).

(e)

Non-conforming uses.

(1)

Any commercial establishment that was engaged in the sale of alcoholic beverages where the business was in existence and lawfully operating before the effective date of this title is herein after considered to be a legal nonconforming use. The Planning Commission may, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. A nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the judgment of the Planning Commission or City Council, so that any of the following regularly occurs: generation of excessive noise in violation of the Safety, Air Quality and Noise Element of the General Plan and Section 9-4.405, Noise, inadequate crowd control, generation of excessive litter, inadequate parking facilities, excessive calls for police service, or existence of unsafe conditions as determined by the Building Official or the Fire Chief.

(2)

The use of a lot for an establishment dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, for on-site or off-premises consumption may not be continued or re-established without conditional use permit approval granted in a Zoning District in which the provisions of this section applies, if any of the following occur after the effective date of this title:

a.

The establishment changes its type of retail liquor license classification; or

b.

Pursuant to a hearing before the Department of Alcoholic Beverage Control, the liquor license is revoked or suspended for a period of more than thirty (30) days; or

c.

The operation of the establishment is abandoned or discontinued for a period of six (6) months or more, including the case where the license for such operation is suspended; or

d.

There is a substantial change in the mode or character of operation of the establishment as determined by the Community Development Director.

(f)

General requirements. The following are general requirements that may, among others, be required as conditions of a Conditional Use Permit to establish, expand or modify an alcoholic beverage establishment:

(1)

The operation of an alcoholic beverage establishment shall be the responsibility of the permittee personally (if an individual is the permittee) or a manager or designated responsible employee of the permittee at all times. The permittee shall designate the names of all such managers and designated responsible employees in the application and shall advise the Community Development Director in writing whenever any change is made.

(2)

The permittee personally (if an individual is the permittee) or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business.

(3)

All employees shall complete a program recognized by the California Department of Alcoholic Beverage Control (ABC) as a qualified Responsible Beverage Service Program prior to the commencement of a new business, or within ninety (90) days of hire for new employees. The manager of an alcoholic beverage establishment shall maintain on the premises a file containing the certificates of training for all employees.

(4)

The Planning Commission and City Council shall have the right to impose conditions upon the conditional use permit as are necessary for the protection of the peace, health, welfare and safety of those persons living or working in the vicinity or neighborhood.

(5)

Noise. The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates the Safety, Air Quality and Noise Element of the General Plan, and Section 9-4.405, Noise, regarding noise generation. The applicant shall present a noise management plan to the Community Development Director prior to the commencement of the use. Said plan shall establish the method by which noise impacts, including but not limited to, amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facility on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Should complaints be received regarding noise disruption, the applicant shall take reasonable and practical steps as directed by the Director to reduce the intensity, number and/or occurrences of these disruptions. Said steps may include, but are not limited to, the reduction of the number and/or volume of microphones, amplifiers and speakers; the installation of certain physical improvements designed to attenuate noise generation; the relocation of patron waiting/queuing areas to a location found to be acceptable to the Director; and/or the reduction in hours for the commercial recreation activities. The Director may require the preparation of an acoustical evaluation to quantify the noise levels and to suggest appropriate attenuation measures. Such an evaluation shall be funded by the applicant and directed by the Director to be performed with no notice to owner/operator.

(6)

Security. A security plan shall be prepared including, but not limited to, the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff for review and approval by the Coalinga Chief of Police within fourteen (14) days of this Conditional Use Permit approval.

(7)

Bar personnel shall check identification (I.D.) at the front door to insure patrons are of legal age to enter.

(8)

At closing time or during special events, crowd control by qualified security personnel shall be provided to insure safety and orderly conduct in front of the premises. Sidewalks shall be kept open for pedestrian traffic at all times.

(9)

The Community Development Director and Chief of Police shall be notified a minimum of ten (10) days in advance of special events that may attract larger than normal crowds. The Chief of Police may require and the owner/operator shall provide additional qualified security personnel on site to provide adequate crowd control.

(10)

Exterior lighting shall be installed as necessary to adequately illuminate the sidewalk or other public way in front of the business at closing time. This lighting will insure the safety of patrons and discourage loitering in front of the business.

(11)

The applicant shall, for the first six (6) months, schedule a monthly meeting with the Community Development Director and Chief of Police in order to identify and mitigate any noise, parking, lighting problems, and neighborhood concerns.

(12)

Sales for off-site consumption shall abide by the safety requirements of the Police Department to minimize crime activities.

(g)

Liquor stores. Liquor stores and other off-sale establishments that dedicate more than twenty-five (25) percent of the sale floor to sales of alcoholic beverages for off-premises consumption, but excluding full-service grocery stores, shall be located, developed, and operated in compliance with the following standards:

(1)

Location. In all areas outside the Downtown Overlay District as described in Chapter 3, Article 1, such establishment shall be located a minimum of 500 feet from any other such establishment or any educational, religious, or cultural institution or public parks. The 500-foot separation requirement does not apply in the Downtown Overlay District, as described in Chapter 3, Article 1.

(2)

Litter. Trash receptacles shall be provided by entrances and exits from the building.

(3)

External pay telephones and vending machines. External pay telephones and vending machines are prohibited.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Animal keeping may be allowed in compliance with the following standards:

(1)

Lots of one acre or less in all Residential, Agriculture, and Open Space Districts. Household pets such as domestic dogs, cats, miniature Vietnamese pot-bellied pigs, birds and fish, ordinarily permitted inside of a dwelling and kept only for the company and pleasure provided to the occupants shall be permitted as an accessory use to a primary residential use. Horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals, ducks, geese, turkeys, game birds or fowl, which normally constitute an agricultural use, are not allowed. At no time shall the combined number of animals kept exceed eight (8) animals and no more than two (2) total pot-bellied pigs.

a.

Exception: Raising and Keeping of Chickens. The raising and keeping of Chickens for the means the raising or keeping for educational, hobby, or non-commercial purposes shall be permitted on a parcel associated with single-family residential use in accordance with the following regulations:

1.

Permitted in the following zones: RE (Residential Estate), RSF (Residential Single Family), RT (Residential Traditional Neighborhood), and RMD (Residential Medium Density).

2.

No more than four (4) chickens shall be kept or maintained on residentially zoned property 5,000 square feet or greater and no more than two (2) additional chickens for each 1,000 square feet of area in excess of 5,000 square feet, up to a maximum of eight (8) chickens.

3.

Chickens are not permitted in residentially zoned lots that are less than 5,000 square feet.

4.

Roosters or other crowing fowl are prohibited.

5.

Chickens shall be kept in a secure coop or pen at all times. Adequate fencing, walls or other barriers shall be installed or maintained on the premises so that chickens cannot gain access to adjacent properties. A chicken coop shall be thoroughly ventilated and designed and constructed in a manner that the chickens can be securely contained. All pens, coops, or cages, or other enclosures shall be no closer than five (5) feet to adjacent property lines.

6.

Chickens shall not roam-at-large outdoors and shall not be kept in the front yard. They shall be kept in a fenced rear or side yard.

7.

Pens, coops or cages, including runs, shall adhere to the requirements for accessory structures in Section 9-5.101 and shall have a maximum height of six (6) feet.

8.

The premises shall be maintained in a neat and sanitary manner.

9.

All necessary measures shall be taken by the owners of the animals to ensure that noise, odors, flies, vermin, and other nuisances related to the keeping of chickens does not negatively impact adjacent properties.

10.

If animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the property may be subject to nuisance enforcement proceedings and discontinuation of the activity.

(2)

Lots exceeding one acre in the Residential, Agriculture, and Open Space Districts. Household pets as defined above in Section (a)(1), Lots of One-Half Acre or Less in the Residential and Agriculture District, are permitted. The keeping of horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals is permitted as long as the number of animals does not exceed one per 15,000 square feet of lot area. The keeping of chickens, ducks, geese, turkeys, game birds or fowl is permitted with the total number not to exceed twelve (12) birds per gross acre. The raising of pigs is permitted in conjunction with an FFA or 4-H project for any recognized Fair, the limit being one animal per student residing on the property. All animals other than household pets shall be housed or penned at a minimum distance of thirty-five (35) feet from property lines and fifty (50) feet from any residence. All areas and structures used in conjunction with the keeping of animals other than household pets shall be maintained and cleaned so as not to present a public hazard or nuisance.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 794, § 2, eff. 12-3-2016)

(a)

Auction houses, as defined under "Retail Sales" in Chapter 1, Article 2, Definitions, shall be located, developed, and operated in compliance with the following standards:

(1)

The Planning Commission shall review and approve applications for auction houses.

(2)

Auction dates and hours of operation, including on-site loading and delivery hours, shall be compatible with uses within 300 feet of the proposed auction house. If residential uses are within 300 feet, the auction house shall cease all operations by 9:00 p.m. on any day.

(3)

Auction houses shall have sufficient parking provisions for its proposed capacity. Plans submitted for the proposed auction house shall include plans showing details related to circulation and parking. Required information includes but is not limited to: circulation routes, parking aisle widths, parking dimension standards, loading facilities, and screening for parking and loading.

(4)

Auction houses must conduct all activities indoors. Any auctions conducted outdoors will be considered a swap meet (see Section 124 of this article, Swap Meets). Outdoor storage may be allowed if fully screened from all public streets. The Planning Commission shall review and approve the type of auction house proposed.

(5)

Auctions of livestock may only be allowed in the Agriculture Zoning District through a Temporary Use Permit. See Section 9-5.126, Temporary Uses.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Major and minor automobile/vehicle service and repair uses shall be located, developed, and operated in compliance with the following standards:

(1)

Landscaping. A landscaped planter with a minimum five-foot wide inside dimension, exclusive of curb, and a six-inch high curb shall be provided along the front and street property lines, except for vehicular circulation openings. Where the planter is adjacent to a sidewalk, no curb is required. A three-foot wide landscaping buffer shall be provided along all other property lines. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be permanently maintained in compliance with Section 9-4.204, Landscaping.

(2)

Noise. All body and fender work, stereo installation and testing, or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building. All operations shall meet Noise Standards noted in Section 9-4.405 of the Coaling Zoning Code.

(3)

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

(4)

Work areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids and checking and supplementing various fluids.

(5)

Bay doors. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the highest classification.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Service stations, automobile/vehicle washing facilities, and any other commercial use that includes fuel pumps for retail sales of gasoline shall be located, developed, and operated in compliance with the following standards:

(1)

Landscaping. At least ten (10) percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Section 9-4.204, Landscaping and the following standards:

a.

A landscaped planter with a minimum five-foot wide inside dimension, exclusive of curb, and a six-inch high curb shall be provided along the front and street property lines, except for vehicular circulation openings. Where the planter is adjacent to a sidewalk, no curb is required. A three-foot wide landscaping buffer shall be provided along all other property lines.

b.

A 600-square-foot planter with a minimum dimension of twenty (20') feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

c.

Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

(2)

Bay doors. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the highest classification.

(3)

Pump islands. Pump islands shall be located a minimum of fifteen (15') feet from any property line to the nearest edge of the pump island.

(4)

Canopies and roof structures. Canopies and roof structures over a pump island, including associated signage, shall be designed as an integral design element of a building's architecture and architecturally compatible, including materials, color and design details, with surrounding structures. A canopy or roof structure over a pump island must be set back at least five (5') feet from any property line.

(5)

Washing facilities. No building or structure for the washing of cars shall be located within thirty (30') feet of any public street or within twenty (20') feet of any interior lot line of a residential use or an Residential district.

(6)

Hours of operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When adjacent to an Residential district, the hours of operation shall be 8:00 a.m. to 8:00 p.m., seven (7) days a week.

(7)

Application review and findings for approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The Planning Commission shall only approve a Conditional Use Permit for an auto service station, or car washing facility if it makes the required findings below, in addition to the other findings required for Conditional Use Permits per Chapter 6, Article 5, Conditional Use Permits.

a.

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

b.

The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

c.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

d.

Lighting is designed to be low-profile, indirect or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses.

(8)

Conditions of approval. Conditions of approval of a Conditional Use Permit for auto servicing stations and car washing may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area, including but not limited to the following:

a.

All appropriate stormwater permits have been or will be obtained prior to operations, from the Central Valley Water Quality Control Board.

(9)

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve (12) months subsequent to the close of the last business day.

(b)

Service stations, automobile/vehicle washing facilities (self-serve or automated), and any other commercial use that includes fuel pumps for retail sales of gasoline shall be located, developed, and operated in compliance with the following standards:

(1)

Landscaping. At least ten (10) percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Section 9-4.204, Landscaping and the following standards:

a.

A landscaped planter with a minimum five-foot wide inside dimension, exclusive of curb, and a six-inch high curb shall be provided along the front and street property lines, except for vehicular circulation openings. Where the planter is adjacent to a sidewalk, no curb is required. A three-foot wide landscaping buffer shall be provided along all other property lines.

b.

A 600-square-foot planter with a minimum dimension of twenty (20) feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

c.

Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

(2)

Bay doors. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the highest classification.

(3)

Pump islands. Pump islands shall be located a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island.

(4)

Canopies and roof structures. Canopies and roof structures over a pump island, including associated signage, shall be designed as an integral design element of a building's architecture and architecturally compatible, including materials, color and design details, with surrounding structures. A canopy or roof structure over a pump island must be set back at least five (5) feet from any property line.

(5)

Washing facilities. No building or structure for automated or self-serve washing facilities shall be located within thirty (30) feet of any public street or within twenty (20) feet of any interior lot line of a residential use or an Residential district.

(6)

Hours of operation. All automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When adjacent to an Residential district, the hours of operation shall be 8:00 a.m. to 8:00 p.m., seven (7) days a week.

(7)

Application review and findings for approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The Planning Commission shall only approve a Conditional Use Permit for an auto service station, and/or an automated or self-serve car washing facility if it makes the required findings below, in addition to the other findings required for Conditional Use Permits per Chapter 6, Article 5, Conditional Use Permits.

a.

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

b.

The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

c.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

d.

Lighting is designed to be low-profile, indirect or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses.

(8)

Conditions of approval. Conditions of approval of a Conditional Use Permit for auto servicing stations and car washing (automated/self-serve) may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area.

(9)

All vehicle washing facilities shall obtain and maintain the appropriate stormwater permits from the Central Valley Water Quality Control Board while in operation. At anytime the City has the right to request a copy of said permit.

(10)

Specific requirements for handwashing and detail washing facilities. (1) There shall be no washing/detailing or tinting in the public right-of-way including alleyways. This includes staged vehicles awaiting services or pickup. All services shall remain on-site and cannot take up required parking spaces. (2) Water from the washing of vehicles shall enter the sewer and shall not enter the storm drain system unless a storm drain plan has been approved by the City and the State not to create a nuisance to adjacent properties.

(11)

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve (12) months subsequent to the close of the last business day.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 868, § 2, eff. 9-19-2024)

(a)

Drive-through facilities shall be located, developed, and operated in compliance with the following standards:

(1)

Conditional Use Permit. Unless otherwise provided, a conditional use permit is required for a drive-through lane, window or other facility. The Planning Commission shall only approve a Conditional Use Permit for drive-through facilities if it makes the required findings for a Conditional Use Permit, per Chapter 6, Article 5, Conditional Use Permits.

(2)

Design and circulation. A minimum space equivalent to three (3) parking spaces shall be provided outside of regular circulation aisles in advance of each sign board/ordering station and each service window. The lane or facility shall be designed so as not to create an impediment to on-site or off-site vehicular or pedestrian circulation or parking.

(3)

Required setbacks and screening. Drive-through lanes shall be set back a minimum five (5) feet from any property line, and a minimum ten (10) feet from any residential property line, with landscaping provided in the required yard area. If adjacent to a residential lot, a six- to seven-foot tall solid masonry wall shall be provided, and lighting within 50 feet of the residential lot shall be mounted no higher than six (6) feet above the ground.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

(1)

Applicability. Emergency shelters shall be a permitted use on parcels within MBL (Light Manufacturing/Business) and MBH (Heavy Manufacturing/Business) zoning districts.

(2)

Development standards. The following development standards shall apply to all emergency shelters:

a.

Property development standards. The shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards.

b.

Shelter capacity. An emergency shelter for homeless persons shall contain no more than twenty (20) beds and shall serve no more than twenty (20) persons nightly.

c.

Parking. On-site parking for residents shall be based on one space for every four (4) beds, and staff parking shall be based on one space for each employee on the maximum staffed shift.

d.

Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and designed, arranged, and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way. External lighting shall be of an intensity compatible with the neighborhood.

e.

On-site waiting and intake areas. An interior waiting and intake area shall be provided which contains a minimum of 200 square feet. Waiting and intake areas may be used for other purposes, excluding sleeping, as needed during operations of the shelter.

(3)

Common facilities. The development may provide one or more of the following specific common facilities for exclusive use of the residents and staff:

a.

Central cooking and dining room,

b.

Recreation room,

c.

Laundry facilities to serve the number of occupants at the shelter, and;

d.

Other uses that are considered ancillary to the primary use such as office and storage.

(4)

On-site staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every fifteen (15) beds occupied in the facility.

(5)

Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be submitted to the City prior to issuance of a certificate of occupancy.

(6)

Concentration of uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.

(7)

Emergency shelter operations. The agency or organization operating the emergency shelter shall comply with the following requirements:

a.

Length of stay. Each emergency shelter resident shall be permitted to stay for a period of no longer than ninety (90) days (cumulative) in a 365-day period. Extensions up to a total of 180 days within a 365-day period may be granted by the shelter provider if no alternative housing plan is available.

b.

Management plan. Prior to commencing operation, the provider shall provide a written management plan to the Community Development Director or his/her designee for approval. The management plan shall address: hours of operation, admission hours and process, staff training, neighborhood outreach and privacy, security, resident counseling and treatment, maintenance plans, rules and procedures, and staffing needs.

c.

Annual report. The provider shall provide an annual report of the use of the facility and determination of compliance with the City's development standards for the use.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Family day care: Large. A large Family Day Care is a facility or home that for compensation regularly provides care, protection and supervision for up to twelve (12) children, not necessarily related to the caregiver in the caregiver's own home for periods of less than twenty-four (24) hours per day, while the parents or guardians are absent. Children under the age of ten (10) years who reside at the home shall be included when counting the number of children taken care of in the house (Health and Safety Code Section 1596.78(b)). The maximum number of children for whom care shall be provided when there is an assistant provider in the home, is twelve, no more than four of whom may be infants. A large family day care home may provide care for more than twelve (12) children and up to and including fourteen (14) children, if all of the following conditions are met (Health and Safety Code Section 1597.465):

(1)

At least two (2) of the children are at least six (6) years of age.

(2)

No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for.

(3)

The licensee notifies a parent that the facility is caring for two (2) additional school-age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one time.

(4)

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(b)

Family day care: Small. A small Family Day Care is a facility or home that for compensation regularly provides care, protection and supervision for six (6) or fewer children, not necessarily related to the caregiver in the caregiver's own home for periods of less than twenty-four (24) hours per day, while the parents or guardians are absent. Children under the age of ten (10) years who reside at the home shall be included when counting the number of children taken care of in the house (Health and Safety Code Section 1596.78(c)). A small family day care home may provide care for more than six (6) and up to eight (8) children, without an additional adult attendant, if all of the following conditions are met (Health and Safety Code Section 1597.44):

(1)

At least two (2) of the children are at least six (6) years of age.

(2)

No more than two (2) infants are cared for during any time when more than six (6) children are cared for.

(3)

The licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to seven (7) or eight (8) children in the home at one time.

(4)

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

(c)

Large family day care homes shall be located, developed, and operated in compliance with current State regulations and the following standards. In any case of conflict, State regulations shall supersede these requirements:

(1)

Location. Large family day care homes shall be located at least 300 feet apart in all directions from any other large family day care home. In no case, however, shall there be more than one large family day care home per block face.

(2)

Hours of operation. Large family day care homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. No outdoor play is allowed before 9:00 a.m.

(3)

Residency. The operator of a large family day care home shall be a full-time resident of the dwelling unit in which the facility is located.

(4)

Screening. A periphery wall, constructed of wood or masonry, shall be provided for purposes of securing outdoor play areas and screening the site and shall achieve seventy-five (75) percent opacity. Chain metal fencing or barbed wire is prohibited.

(5)

Signs. No sign shall be publicly displayed on the premises relating to the large family day care home.

(6)

Play area. A minimum of 700 square feet of play area is required. An additional seventy-five (75) square feet is required for each child in excess of ten (10), as shown by the maximum number of children which may be cared for at any time, pursuant to the license for such a facility. The play area shall not be located in any required front or side yard.

(7)

Parking and loading. An operator of a large family day care home shall satisfy the following conditions:

a.

Passenger loading and drop-off. A minimum of one additional improved off-street drop-off and pick-up parking space shall be provided.

b.

Traffic. Increased traffic due to the operation of any large family day care home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose. The purpose of this section is to regulate golf courses and country clubs, including accessory uses and activities that recognize the unique relationship such uses have within a community, allowing commercial recreational opportunities while providing a desirable open space amenity. The long-term viability of the use and continued compatibility with adjacent uses is encouraged through the provisions of this section.

(b)

Application. A Site Plan application for a new golf course or country club shall be made with the Community Development Department. A tentative map application may also be required depending on the site. The application package must fulfill all the requirements of a Site Plan application, as well as:

(1)

A written statement describing the project.

(2)

Survey-precise topography map of the existing site and proposed project, for golf courses and country clubs.

(3)

A conceptual plan for all new structures.

(4)

Landscaping plans showing details of proposed plantings and irrigation systems.

(5)

A 5-year master plan which covers future expansions or physical development, and any future uses. The plan shall include details on the proposed operations and activities of the proposed facilities, membership structure and fee policies, and hours of operation.

(6)

Proposed exterior lighting plans and hours of lighting for the project.

(7)

Description of infrastructure requirements for the proposed project, including wastewater disposal, water facilities, and drainage.

(8)

An initial environmental assessment. The appropriate environmental review document and technical reports may be requested of the applicant.

(c)

Findings. The following findings shall be made for the approval of a golf course or country club:

(1)

The golf course or country club is in conformance with the applicable General Plan goals and policies, and regulations of this title.

(2)

A fiscal impact analysis has found that the approval of the golf course or country club will bring significant fiscal and community benefit to the City of Coalinga, outweighing the need for and benefits of any existing use.

(3)

The appropriate environmental analysis pursuant to CEQA has been conducted, including the analysis of any potential loss of or impact on existing and neighboring agricultural land, and all applicable mitigation measures shall be executed and monitored as conditions of approval of the project.

(d)

Approval. The Planning Commission and City Council may set forth conditions of approval for the golf course and country club, including but not limited to:

(1)

If future complaints arise from neighboring properties regarding stray golf balls, the City Council shall direct the Community Development Director to record such evidence, and impose additional conditions requiring screening or other measures.

(e)

Lighting. Lighting for nighttime use shall be permitted in accordance with the provisions of Section 9-4.206, Lighting and Illumination.

(f)

Safety netting or screens. Height exceptions for safety netting located on the golf course may be approved by the City Council upon recommendation from the Planning Commission that such height is not detrimental to public welfare and properties within a 500 feet radius of the safety netting.

(g)

Parking lots. Parking shall be approved in compliance with the provisions of Chapter 4, Article 3, Off-Street Parking and Loading.

(h)

Irrigation of golf courses. Golf courses shall be irrigated. Water-saving measures shall be implemented per the City's adopted Water Efficient Landscape Standards.

(i)

Maintenance facilities. Outdoor storage of equipment and materials shall be limited to that necessary for golf course use only and shall be screened from adjacent Residential Zoning Districts. Facilities or storage located within 300 feet of a Residential district shall be subject to use permit approval in accordance with. A use permit shall not be required when development of the golf course and maintenance facilities precedes adjacent residential development and when said residential development, along with the golf course and maintenance facilities, are part of a master planned development.

(j)

Building height. Maximum building height shall not exceed two (2) stories or thirty (30) feet. Requests to exceed the height limit may be granted by the City Council for development up to four (4) stories, not to exceed fifty-six (56) feet, upon recommendation from the Planning Commission, that such additional height is not detrimental to adjacent property or the public welfare in general.

(k)

Required setbacks. Buildings and parking lots shall maintain a minimum of forty (40) feet from all perimeter lot lines.

(l)

Walls and fences. Walls and fences shall not exceed seven (7) feet in height within the required building setback. Walls or fences shall be of wrought iron style, or another material as approved by the Community Development Director, such that a minimum fifty (50) percent of the wall surface remains open, unless a solid wall is deemed necessary by the Planning and Development Department for screening or safety purposes.

(m)

Signage. Signage shall be in accordance with the "nonresidential activity in a residential district" provisions of Chapter 4, Article 5, Signs. No sign, display or other exterior indications of an accessory use shall be visible from a public thoroughfare or adjacent property.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

All hazardous waste management facilities, as defined in Chapter 1, Article 2, Definitions, except household hazardous waste collection centers authorized by the City of Coalinga and the Fresno County Health Department, shall be located, developed, and operated in compliance with the following:

(1)

Application content. Applications for hazardous waste management facilities shall include the following:

a.

Site plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, and driveways internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.

b.

Best management practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any building permit or other land use entitlement.

c.

Waste characteristics and capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner-operator shall make this information available on a quarterly basis to the City of Coalinga on an on-going basis. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.

d.

Air quality analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District.

e.

Risk assessment. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, (including transportation related) or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Community Development Director, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to and from the facility.

f.

Alternatives analysis. All applications shall contain an analysis of alternative regional sites which shall be reviewed pursuant to the California Environmental Quality Act.

g.

Emergency response plan. An Emergency Response Plan that indicates at a minimum:

1.

That the proposed plan is consistent with any and all applicable County and Regional Emergency Response Plans and all City, County, State and Federal Regulatory requirements regarding Emergency Response Procedure.

2.

Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.

3.

Anticipated impacts on local fire, police, and medical services.

4.

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

h.

Geotechnical report. A geotechnical report providing complete analysis of on-site soil conditions, fault hazards, underground water supplies, and recommendations.

i.

Flooding information. An analysis of the potential of flooding on the site. Residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.

j.

Traffic analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle-truck trips, effects on nearby intersections, and any special characteristics of the project site. Applicants shall also identify the most likely transportation routes within the City and the County.

k.

Closure plan. The Owner or Operator of a hazardous waste facility shall, prior to any local land use decision, submit to the Fire Department a written Closure Plan approved by the California Department of Health Services. All revisions to such Closure Plans shall also be submitted to the Fire Department.

l.

Safety. The Owner/Operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents.

(2)

Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:

a.

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City Officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

b.

The owner or operator of a facility shall report quarterly to the Fire Chief the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

c.

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the Fire Chief and City Engineer.

d.

Owners/Operators of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies. Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.

e.

Owners/Operators of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.

(3)

Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for a Conditional Use Permit shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.

(4)

Contingency plan. Every hazardous waste facility shall have a contingency operation plan including emergency procedures, approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.

(5)

Financial assurance. Prior to issuance of an "Occupancy Permit" to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or state agency.

(6)

Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees and agents of the City against and from all claims, actions and liabilities relating to the land use decision or arising out of the operation of the facility.

(7)

Enforcement. All costs of compliance with Section 111, Hazardous Waste Management Facilities, of this article, shall be borne by the facility owner or operator. The City may employ any and all methods permitted by law to enforce the provisions of this section.

(8)

Maintenance. The owner/operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the California Department of Health Services, San Joaquin Valley Air Pollution Control District, or U.S. Environmental Protection Agency.

(9)

Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

a.

The project is consistent with the General Plan.

b.

The project will not be detrimental to the health, safety, or general welfare of the community.

c.

The project will not significantly reduce incentives for waste minimization by hazardous waste generators.

d.

There are adequate City services available to service the project.

e.

The project has met or exceeded each requirement of Section 111, Hazardous Waste Management Facilities, of this article.

f.

All environmental impacts identified in an environmental impact report or negative declaration as part of the permit process in compliance with the California Environmental Quality Act have been adequately mitigated.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The intent of these regulations is to reduce and control the impact of a home occupation so that its effects on a neighborhood are undetectable from normal and usual residential activity. For purposes of this chapter, the term "permitted residence" means the dwelling unit (including accessory structures) for which a home occupation permit is issued under this chapter.

(b)

Home occupations are allowed in association with residential uses, subject to the following regulations.

(1)

Articles offered for sale shall be limited to those produced on the premises or sale of items considered by the Community Development Director to be accessory and incidental to an allowed home occupation. A person conducting an allowed home occupation in which he or she serves as an agent or intermediary between off-site suppliers and off-site customers may have sales from the residence where all articles, except samples, shall be received, stored and sold to the customers at off-premises locations.

(2)

Home occupations shall be conducted either within a dwelling or in a detached accessory structure on the same property by a resident thereof. Home occupations shall be clearly incidental to the use of the structure as a dwelling.

(3)

Any external alteration to the dwelling to accommodate the home occupation shall conform to the residential appearance of the building and the existence of a home occupation shall not be apparent beyond the boundaries of a lot, except for a small name plate, not directly lighted and not exceeding one square foot in area, as allowed pursuant to Chapter 4, Article 5, Signs.

(4)

Only immediate family members residing within the residence shall be employed in the conduct of a home occupation.

(5)

No motor power other than electrically-operated motors shall be used in conjunction with a home occupation. The horsepower of any single motor shall not exceed three (3) horsepower and the total horsepower of all such motors shall not exceed five (5) horsepower.

(6)

A home occupation shall not create any radio waves, television interference or similar electronic interference on adjacent properties. Noise audible beyond the boundaries of the lot shall not exceed the sound level standards as set forth in Chapter 4, Article 4.405, Noise, for the Zoning District in which the use is located.

(7)

No odor, liquid or solid waste, other than normally associated with a residential use, shall be emitted.

(8)

Not more than one truck of not more than one ton capacity and no semi-trailers associated with a home occupation shall be kept on site.

(9)

A home occupation shall not create pedestrian, automobile, or truck traffic in excess of the normal amount typical of the Zoning District, with no more than one non-occupant vehicle present on the street at any given time.

(10)

Prior to Community Development and Building Official approval of an application for a home occupation under this section, the applicant shall be required show by signature that he or she has reviewed and agrees to abide by regulations to not create any impact, disturbances, or nuisances to the neighborhood.

(11)

Doctors, dentists, osteopaths, chiropractors and other practitioners of the medical arts, as prescribed by State and Federal Law, are subject to the following condition: Office visits and treatment shall not occur at the permitted residence.

(12)

Contractor, handyperson, janitorial service, landscape contractor, and gardening service, subject to the following special conditions: The permitted residence may contain only an office related to the occupation. No employees may report to the permitted residence for work assignments.

(13)

The specified uses below shall not be permitted as home occupations because of their nature that have one or more of the following characteristics: Equipment or machinery of a type or quantity not typically found in the house; need for outside storage; parking needs greater than what can be provided on-site; need for special permits from other agencies; and need for extensive alteration to the residence or lot.

a.

No motorized vehicle or trailer repair or tune-up shall be operated as a home occupation.

b.

On-site painting services (including auto, boat, and appliances).

c.

Care, treatment, breeding or boarding of cats, dogs and other animals for a fee or barter.

d.

Activities involving substantial amounts of dangerous or hazardous materials, including but not limited to pesticides, herbicides, poisons and highly flammable materials as determined by the Fire Chief.

(14)

The Community Development Director shall have the authority to place additional conditions on the home occupation to ensure the impact of a home occupations effects on a neighborhood are undetectable from normal and usual residential activity.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 808, § 1, eff. 4-14-2018)

(a)

Manufactured homes shall be designed and operated in compliance with the following standards:

(1)

General requirements. Manufactured homes may be used for residential purposes subject to the provisions of this section. Manufactured homes may also be used for temporary uses subject to the approval of a temporary Use Permit (See Section 9-5.126, Temporary Uses).

(2)

Design criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a.

Foundation. A manufactured home shall be built on a permanent foundation system approved by the Building Official.

b.

Date of construction. Each manufactured home shall have been manufactured within ten (10) years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction and Safety Act of 1974, 42 U.S.C. 5401, et. seq.

c.

Roof overhang. The roof overhang shall not be less than twelve (12) inches around the entire perimeter of the manufactured home as measured from the vertical side of the home. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the manufactured home.

d.

Roof material. Roof material shall consist of material customarily used for conventional single family dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than three (3) inches vertical to twelve (12) inches horizontal.

e.

Siding material. Siding material shall consist of exterior material customarily used for conventional single family dwellings, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the manufactured home.

f.

Skirting. The unit's skirting shall extend to the finished grade.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Mobile home parks shall be located, developed, and operated in compliance with the following standards:

(1)

Current State level regulations for mobile home parks as stated in the Mobilehome Parks Act - Health and Safety Code 18200 - 18700, and the Special Occupancy Parks Act - Health and Safety Code 18860 - 18874, shall take precedence over these regulations. The regulations may be accessed through the California Department of Housing and Community Development's website.

(2)

Minimum lot area. The minimum lot area for each lot in the mobile home park is 2,500 square feet.

(3)

Maximum density. The maximum density is as allowed by the base Zoning District in which the mobile home park is located.

(4)

Maximum allowable height. Maximum building or structural height of any buildings appurtenant to mobile home or trailer courts or subdivisions shall be thirty-five (35) feet.

(5)

Setback from Adjacent Streets. All mobile home spaces shall be set back a minimum of twenty (20) feet from all public street rights-or-way adjacent to the site, and the setback area shall be landscaped. These setbacks shall have precedence over setbacks prescribed in the Base Zoning District.

(6)

Setbacks for individual units. These setbacks shall have precedence over setbacks prescribed in the Base Zoning District. Minimum setbacks for individual units are as follows:

a.

Front: five (5) feet.

b.

Side: five (5) feet.

c.

Rear: ten (10) feet.

d.

Awnings and carports may not be closer than three (3) feet from any mobile home space boundary.

(7)

Access. Access to internal private streets is required for all mobile home lots or spaces within the mobile home park. Direct access from a mobile home lot or spaces to a public street or alley is not permitted. All points of vehicular access to and from public streets shall be approved by the City Engineer.

(8)

Internal Streets. All private internal streets within the mobile home park shall not be less than thirty (30) feet in width, and shall be surfaced and maintained subject to approval of the City Engineer.

(9)

Walkways. Walkways linking the mobile homes with recreational and other internal facilities and other mobile homes shall be provided.

(10)

Walls and screening. Exterior boundaries of a mobile home park shall be screened with a six (6) foot high solid wall. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural "caps," columns, or similar measures. All trash and garbage collection areas shall be surrounded on at least three (3) sides by a five (5) foot block wall, and shall have adequate access for collection vehicles.

(11)

Common open space. Recreation, or common open spaces, shall be provided for each mobile home park or subdivision. An area of at least 300 square feet for each mobile home space shall be provided. This open space may be used in more than one location, but no location shall contain less than 1,000 square feet in the aggregate. Each recreational space shall be accessible to all of the mobile home spaces in the park, and shall not be used for any other purpose.

(12)

Landscaping. Landscaping, as prescribed in Section 9-4.204, Landscaping, is required for all common open space areas, exterior front and street side yards, and common parking areas. A fifteen-foot landscaped buffer shall be provided along streets adjoining the park.

(13)

Certification. All mobile homes shall be certified under the National Manufactured Home Construction and Safety Act of 1974, 42 U.S.C. 5401, et. seq.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose. This section supplements Title 5, Chapter 9, Peddlers and Solicitors, of the Coalinga Municipal Code by defining the standards of vehicles used for mobile vending or peddling and their operational regulations. This section also includes operational regulations for mobile food trucks.

(b)

The following standards shall apply to all mobile vendors operating in Coalinga:

(1)

Vending from any vehicle shall not be permitted within one hundred (100) feet of any intersection of two (2) or more public streets. The vending vehicle operator shall comply with parking signs, curb markings and other traffic and parking restrictions at all times.

(2)

No mobile vendor shall stand, stop or park within one thousand (1,000) feet of the property line of any public or private school intended to educate individuals eighteen (18) years of age or younger between the hours of 7:00 a.m. and 7:00 p.m. on days when school is in session.

(3)

No vending vehicles are permitted in the Open Space Zoning District, or any park, unless a permit is first obtained from the City. Vending vehicles that are over twenty (20) feet long, or have a kitchen, are not permitted in the Residential Zoning Districts. Vending vehicles less than twenty (20) feet long are permitted in the Residential Zoning Districts.

(4)

Vending from any vehicle shall be limited to ten (10) minutes in any one (1) location, and the vehicle must be moved a distance of not less than four hundred (400) feet between consecutive stops at which vending occurs. Once a vehicle has moved from a vending location, it may not return to that location for at least twenty-four (24) hours.

(5)

Vending vehicles shall not be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any street.

(6)

Vending vehicle operators shall not conduct business in any congested area where their operation might impede or inconvenience the public.

(7)

Vending vehicle operators shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter or other refuse from the vehicle and which has been left or abandoned on any public property. No street vendor or operator shall dispose of any trash or refuse in any public or private trash receptacle other than one owned or under the control of the operator.

(8)

Vending shall not be permitted directly to persons in other vehicles or from other than the curb side of the vending vehicle.

(9)

All mobile vendors, or operators of vending vehicles, which sell items within the City of Coalinga, shall secure a Business License from the City prior to the start of business operations.

(10)

All vending vehicles shall possess and display a valid permit issued by the Health Department.

(c)

The following standards shall apply to all mobile food trucks operating in Coalinga:

(1)

Required permits. All food truck vendors must apply for an obtain a Temporary Use Permit from the Community Development Department before operating a food truck. Applications must be submitted no less than two (2) weeks before operation of the food truck is expected. In addition to the temporary use permit, all mobile food truck vendors, or operators of food truck vehicles shall secure a business license from the City prior to the start of business operations.

(2)

Location/zones permitted. Food trucks are permitted in all Industrial and Commercial Zones and with exception, residential zones (see exceptions). Food trucks may be permitted in vacant lots, at existing businesses and in parking lots. ADA Accessibility shall be required to be provided if located in a vacant lot.

(3)

Hours of operation. Food trucks are permitted to operate daily between the hours of 7:00 a.m. to 10:00 p.m. Extensions may be granted by City Manager.

(4)

All food truck vendor vehicles shall be self-propelled and self-sufficient and shall not rely on an City services such as water, sewer, gas and/or power.

(5)

Food trucks shall not take up more than five hundred forty (540) square feet or three (3) parking spaces whichever is less. Food truck vendors shall not park in a designated handicap space.

(6)

No alcohol shall be sold from a food truck.

(7)

No sound amplification system used for the amplification of music shall be permitted.

(8)

Food trucks shall be permitted one sandwich board sign no more than twenty-four (24) square feet. This does not include menu signage affixed to the food truck.

(9)

Tables, chairs and umbrellas/canopy's shall be permitted within the allowed space in accordance with subsection (5).

(10)

All food truck operators shall provide a valid county Health Department permit.

(11)

Food truck vendors shall provide three (3) receptacles for trash, recycling and organic waste.

(12)

Food truck operators shall regularly pick up, remove, and dispose of all trash or refuse from their operation that remains within two hundred (200) feet of the vendor's position. Operators shall coordinate with the City's Solid Waste Hauler for collection if they are to be located in the space for more than one month. The operator shall pick up, remove, and dispose of all trash prior to leaving the location.

(13)

Temporary use permits will not be issued if there is pending code enforcement action on a parcel an operator is looking to locate.

(14)

Exceptions:

a.

Private events. Food truck temporary use permit is not required, although a business licenses is required, for food trucks operating for a one-day private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. This includes food truck vendors in residential zones so long as they are legally parked on the street, in front of the residence being served, and limited to one-day.

b.

Fundraisers. Special fundraisers at a school, college, park or other public property may be permitted without a temporary use permit. This includes fundraisers by local organizations and non-profits, so long as they do not last more than one-day and the food truck vendor has obtained a business license.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 852, § 3, eff. 2-2-2023)

(a)

Temporary outdoor retail sales. See Section 9-5.126, Temporary Uses.

(b)

Permanent outdoor retail sales and vending facilities. Permanent outdoor display of merchandise including merchandise in automated vending facilities is allowed in association with an approved commercial use and subject to Conditional Use Permit approval. The Planning Commission shall only approve a Conditional Use Permit for permanent outdoor retail sales and vending facilities if it makes the required findings for a Conditional Use Permit, per Chapter 6, Article 5, Conditional Use Permits, and if the proposed project shall be located, developed, and operated in compliance with the following standards:

(1)

Location. Outdoor sales shall be located entirely on private property outside any required setback, fire lane, fire access way, or landscaped planter in Zoning Districts that do not have required setbacks. A minimum setback of fifteen (15) feet from any public right-of-way is required.

(2)

Screening. All outdoor sales and activity areas except for automobile/vehicle sales shall be screened from adjacent public rights-of-way and Residential districts by decorative solid walls or solid fences, pursuant to Section 9-4.204, Landscaping.

(3)

Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Personal Storage Facilities, defined in Chapter 1, Article 2, Definitions, may be located, developed, and operated in compliance with the following standards:

(1)

Business activity. All personal storage facilities shall be limited to the storage of items such as furniture and personal belongings. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in storage facilities include, but are not limited to the following:

a.

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. Excepting auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the self-service storage facility.

b.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

(2)

Notice to tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

(3)

Size limitations. Total lot coverage by any and all structures shall be limited to fifty (50) percent of the total lot area.

(4)

Circulation. Driveway aisles shall be a minimum of twenty (20) feet wide.

(5)

Landscaping. A landscaped buffer with a minimum inside dimension of five (5) feet shall be provided along the front and street property lines, except for vehicular circulation openings. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be bound by a concrete curb at least six (6) inches wide and six (6) inches high and shall be permanently maintained in compliance with 9-4.204, Landscaping.

(6)

Fencing. A six-foot high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural "caps", columns, or similar measures.

(7)

Open storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building facades or solid fences.

(8)

Outdoor lighting. All outdoor lights shall be shielded to direct light and glare only onto the personal storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

(9)

Fire protection. One hour rated construction fire walls shall be provided to separate every 3,000 square feet within any personal storage structure.

(10)

Portable storage buildings. Movable storage buildings shall be allowed if they are constructed to appear as conventional storage buildings or are located in an area completely screened from public view and adhere to all applicable building and fire codes.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Recycling facilities shall be located and operated in compliance with the following standards:

(1)

Reverse vending machines.

a.

Accessory use. Reverse vending machines shall be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

b.

Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

c.

Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

d.

Signs. Machines shall have a maximum sign area of four (4) square feet exclusive of operating instructions.

e.

Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

f.

Trash receptacle. Machines shall provide a forty (40) gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

(2)

Recycling collection facilities.

a.

Size. Recycling collection facilities shall not exceed a footprint of 350 square feet or include more than three (3) parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

b.

Commercial. Recycling facilities shall be limited to installation within commercial districts only.

c.

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

d.

Location. Facilities shall not be located within fifty (50) feet of a residential district.

e.

Setback. Facilities shall be set back at least ten (10) feet from any street line and not obstruct pedestrian or vehicular circulation.

f.

Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

g.

Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

h.

Signs. Signs shall be a maximum of twenty (20) percent per side of facility or container or sixteen (16) square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Community Development Director may authorize increases in the number, size and nature of additional signs.

i.

Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

j.

Site maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

(3)

Recycling processing facility.

a.

Location. Facilities shall not be adjacent to a residential district or use.

b.

Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

c.

Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

d.

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(4)

Unattended collection boxes.

a.

Location. The unattended collection box shall be placed on a site with an existing primary commercial or religious facility use which is in compliance with zoning, building and fire code of the City of Coalinga. Unattended collection boxes shall remain in the exact location for which a permit was issued and shall not be moved unless the box is removed from the property or replaced with an identical box in the same location.

b.

Maintenance. Unattended collection boxes shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti. The responsible party shall submit, with their application for permit, a pick up schedule that will prevent the unattended collection box from overflowing.

c.

Separation. Unattended collection boxes shall be a minimum distance of 1,000 feet from any other permitted unattended collection box.

d.

Setback. The responsible party shall maintain or cause to be maintained a minimum of ten (10) feet of area surrounding the unattended collection box free of donated materials, junk, trash and debris or other salvageable personal property placed on the site.

e.

Abatement. The responsible party shall be responsible for abatement and removal of all junk, garbage, trash, debris and other material from the unattended collection box and the immediate ten (10) feet surrounding the box within twenty-four (24) hours of written notice from the City of Coalinga. If abatement and removal is not accomplished within twenty-four (24) hours of said notice, the responsible party shall be responsible for all costs related to abatement and removal of junk, garbage, trash, debris and other refuse material as defined above.

f.

Signage. Unattended collection boxes shall contain the following information in two-inch font visible from the front of each facility: The name, address, email address and phone number of the person(s) responsible for maintaining the unattended collection box, and the type of material to be deposited.

g.

Security. Unattended collection boxes shall be locked or otherwise secured.

h.

Size. Unattended collection boxes shall not exceed twenty-five (25) square feet in size, and shall not be taller than seven (7) feet in height, unless otherwise permitted through the CUP process.

i.

Second container. No more than one unattended collection box may be placed on a parcel. However, a second unattended collection box may be approved for a single location if the applicant demonstrates that daily collection from the permitted unattended collection box fails to provide adequate overflow abatement and amends the conditional use permit accordingly.

j.

Placement. Unattended collection boxes shall not obstruct pedestrian or vehicular circulation and shall not be placed in required parking spaces, required landscaping, setbacks or the public right-of-way.

k.

Visibility. Unattended collection boxes shall be visible from the public right-of way and located in a well-lit area.

l.

Advertising. Unattended collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended collection box.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 802, § 3, eff. 4-14-2018)

(a)

Residential care facilities shall be located, developed and operated in compliance with the following standards.

(1)

Location. The minimum distance from other residential care facilities shall be 300 feet.

(2)

Screening. A minimum six (6) foot high solid wall or fence shall be provided for purposes of securing outdoor recreational areas and screening the site. Chain metal fencing and barbed wire are prohibited.

(3)

Licensing. Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable State and local regulations.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose and intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs").

(1)

This section is intended to comply with Government Code sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code sections 65852.2 and 65852.22.

(2)

An ADU or JADU that complies with this section is considered an accessory use or an accessory building that does not exceed the allowable density for the lot upon which it is located.

(3)

An ADU or JADU that complies with this section is considered a residential use that is consistent with the existing general plan and zoning designations for the lot.

(4)

An ADU or JADU that complies with this section will not be considered in the application of any other local ordinance, policy, or program to limit residential growth.

(5)

ADUs and JADUs dwelling units will contribute to the needed housing to the community's housing stock and promote housing opportunities for the persons wishing to reside in the City of Coalinga.

(6)

This section is not intended to regulate multi-generational dwelling units.

(7)

Effect of conforming accessory dwelling unit. An accessory dwelling unit that conforms to this section shall:

a.

Be deemed an accessory use and not be considered to exceed the allowable density for the lot upon which it is located;

b.

Be deemed a residential use that is consistent with the City's General Plan and the zoning designations for the lot;

c.

Not be considered in the application of any ordinance, policy, or program to limit residential growth; and

d.

Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

(b)

Definitions. The following definitions apply to the operation of this Section. To the extent these definitions conflict with definitions found elsewhere in this title, including Section 9.120.020, the definitions set forth in this section shall control.

(1)

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single family or multifamily dwelling is or will be situated. An ADU may be an efficiency unit or a manufactured home, as defined.

(2)

"Accessory structure" means a structure permitted that is accessory and incidental to a dwelling located on the same lot.

(3)

"Efficiency unit" has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:

a.

The unit has a single living room of not less than two hundred twenty (220) square feet of floor area for two (2) or fewer occupants and an additional one hundred (100) square feet of floor area for each additional occupant of the unit.

b.

The unit has a separate closet.

c.

The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front, and lighting and ventilation conforming to the California Building Standards Code.

d.

The unit has a separate bathroom containing a water closet, lavatory, and bathtub or shower.

(4)

"Floor area" or "Total floor area" means the entire ground-level square footage of the structure, including the living area, as defined, and any non-habitable area within the structure, such as a garage or storage space.

(5)

"Impact fee" has the same meaning as the term "fee" is defined in Government Code section 66000(b), except that it also includes fees specified in Government Code section 66477. "Impact fee" does not include any connection fee or capacity charge.

(6)

"Junior accessory dwelling unit" or "JADU" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within the walls of a proposed or existing single-family residence, or other approved structure as specified in Government Code section 65852.2(e). A JADU must include the following features:

a.

Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.

b.

An efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

c.

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(7)

"Kitchen" has the same meaning.

(8)

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(9)

"Multi-generational dwelling unit" means a dwelling unit, that does not include a kitchen, contained entirely within the walls of a proposed or existing single-family residence where access is not restricted between areas of the residence.

(10)

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards, but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.

(11)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the accessory dwelling unit.

(12)

"Permanent provisions for cooking" has the same meaning as "kitchen."

(13)

"Permanent provisions for sanitation" and "sanitation facilities" means a separate bathroom containing a water closet, lavatory, and bathtub or shower.

(14)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(15)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(16)

"Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.

(c)

Targeted neighborhoods. ADUs and JADUs are allowed in all residential zoning districts, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.

(d)

Approvals. The following approvals apply to ADUs and JADUs under this section:

(1)

Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection F below, it is allowed with only a building permit in the following scenarios:

a.

Converted space or structure on single-family lot. Only one (1) ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

1.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure.

2.

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

3.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

b.

Limited detached on single-family lot. One (1) detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies the following limitations:

1.

The side- and rear-yard setbacks are at least four-feet.

2.

The total floor area is eight hundred (800) square feet or smaller.

3.

The peak height above grade is sixteen (16) feet or less.

c.

Converted on multifamily lot. Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages that satisfied the following:

1.

If each converted, ADU complies with state building standards for dwellings.

2.

The ADU home shall be built using plans provided by the City.

d.

Limited detached on multifamily lot. No more than two (2) detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:

1.

The side- and rear-yard setbacks are at least four-feet.

2.

The total floor area is 800 square feet or smaller.

(2)

ADU permits.

a.

Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth (in subsections (e) and (f) below).

b.

Impact fee.

1.

No impact fee is required for an ADU or JADU that is less than 750 square feet in size.

2.

Any impact fee that is required for an ADU that is 750 square feet or larger in size will be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

3.

Except as otherwise provided in this chapter, the construction of an accessory dwelling and junior accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

(3)

Application process and timing.

a.

An ADU permit is considered and approved ministerially without discretionary review or hearing.

b.

The City must act on an application to create an ADU or JADU within sixty (60) days from the date that the City receives a completed application, unless either:

1.

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

2.

In the case of a JADU, and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the JADU until the City acts on the permit application to create the JADU will still be considered magisterially without discretionary review or a hearing.

c.

Application requirements. Applications for an accessory dwelling unit permit shall be made in writing by the property owner or his or her authorized agent, on forms provided by the Community Development Department, and accompanied by such data and information as may be necessary to fully describe the request including:

1.

A to-scale and fully dimensioned site plan showing the proposed accessory dwelling unit or junior accessory dwelling unit and all existing structures on the property including patio covers, other accessory structures, fences and driveways;

2.

Elevations of the proposed accessory dwelling unit including building dimensions, material call outs and a color and materials sample board as requested by the Community Development Director;

3.

Photographs of the exterior of the primary residence as requested by the Community Development Director;.

4.

Construction plan. Construction plan and staging to minimize impacts on surrounding residential properties.

d.

The filing and review fee shall be as prescribed by the Community Development Department. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.

(4)

Nonconforming ADUs and discretionary approval.

a.

Any proposed ADU or JADU that does not conform to the objective standards set forth in subsection (e) and (f) may be allowed by the City with the approval of the Community Development Director.

1.

The maximum size of an ADU subject to this subsection (d)(4) is 1,200 square feet, or three (3) bedrooms.

b.

Findings. Before approval, the Community Development Director (or designee) must find that:

1.

The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;

2.

If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;

3.

The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;

4.

Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;

5.

The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access or parking of adjacent properties; and

6.

Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.

(e)

General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved:

(1)

Zoning.

a.

An ADU or JADU subject to a building permit may be created on a lot in a residential zone.

b.

An ADU or JADU subject to an ADU permit may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

(2)

Fire sprinklers are required in an ADU

(3)

Rental term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days.

(4)

No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

(5)

Building and construction.

a.

An accessory unit shall meet the requirements of the building code that apply to detached dwellings, as appropriate.

(f)

Specific ADU and JADU requirements. The following requirements apply to ADUs that require an ADU permit under subsection (d)(2) above.

(1)

Unit size.

a.

If there is an existing primary dwelling, the total floor area of an attached ADU may not exceed fifty (50) percent of the floor area of the existing primary dwelling.

b.

The total floor area for a detached ADU may not exceed 1,200 square feet.

c.

An attached or detached one-bedroom ADU may not be more than 850 square feet of living area.

d.

An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area.

e.

An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an efficiency unit is not permitted.

(2)

Parking—General requirement. Accessory dwelling units must meet the following parking standards:

a.

At minimum at least one (1) off-street parking space per ADU is required. These spaces may be provided in setback areas or as tandem parking on a driveway. The parking space is not required to be covered.

b.

Parking configuration, if required:

1.

Parking arrangements are not permitted if the Community Development Director (or designee) makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions.

c.

Exceptions. Parking standards shall not be imposed on an accessory dwelling unit in any of the following circumstances:

1.

The accessory dwelling unit is located within one-half mile of public transit, including a public bus stop, bus station or transit station.

2.

The accessory dwelling unit is located within a designated historic district.

3.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4.

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

5.

When there is an established car share vehicle stop located within one (1) block of the accessory dwelling unit.

d.

No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

(3)

Height.

a.

The height of an attached ADU shall not exceed the height of the primary structure or thirty (30) feet in height above grade, whichever is greater, measured to the peak of the structure.

b.

A detached ADU may not exceed sixteen (16) feet in height, above grade, measured to the peak of the structure.

c.

A unit above a detached garage located contiguous to an alley may not exceed twenty-five (25) feet in height above grade, measured to the peak of the structure.

(4)

Setbacks.

a.

Attached and detached accessory dwelling unit. Except as provided in subsection (d)(1), an attached or detached ADU is subject to side and rear setbacks of four feet.

b.

Alley adjacent accessory dwelling units and accessory dwelling units adjacent to residentially zoned property. Side or rear yard setbacks adjacent to an alley or residentially zoned property shall be zero feet. Parking provided off the alley shall maintain a 24-foot back out, which includes the alley.

c.

Garage and accessory building conversion. No setback shall be required for a legally established, existing garage or accessory building that is converted to an accessory dwelling unit, provided the structure is not expanded and is subject to side and rear setbacks of four (4) feet. Garage conversions are only permitted on detached accessory structures located in the rear of the main structure. No conversion of attached garages is permitted.

d.

Addition over a garage. A minimum side and rear setback shall apply to the newly constructed portion for an accessory dwelling unit constructed above a legally established existing garage when in the rear yard.

(5)

Lot coverage.

a.

Lot coverage. No ADU may cause the total lot coverage of the single-family lot to exceed fifty (50) percent.

b.

Rear yard coverage. An accessory dwelling unit shall not result in more than thirty (30) percent rear yard coverage as measured from the rear wall of the primary residence to the rear property line (or as measured from the average distance of the rear wall from the rear property boundary if the rear wall does not follow a straight line).

c.

A detached accessory dwelling unit must be ten (10) feet away from the main residence and five (5) feet away from any property lines.

(6)

Architecture requirements.

a.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as the appearance of the primary dwelling.

b.

The roof slope must be the same that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building facade, not facing a public-right-of-way.

e.

Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

f.

Access stairs, entry doors and decks must face the primary residence, side yard or the alley, if applicable.

g.

A garage converted to an accessory dwelling unit shall include removal of garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details.

h.

The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

(f)

Occupancy and ownership. ADUs and JADUs must comply with the following standards.

(1)

A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.

(2)

An ADU or JADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence.

(3)

Owner-occupancy is not required for ADUs. Owner-occupancy is required in the single-family residence in which a JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

(g)

Special provisions for duplex dwelling units as replacement housing.

(1)

The special duplex dwelling unit provisions of this subsection shall only apply to areas within the boundaries of the City designated as a residential medium density residential (RMD) zoning designation.

(2)

The allowable number of new duplex dwelling units created under the provisions of this subsection shall not exceed the overall density limitations for residential medium density residential (RMD) uses, which is one (1) dwelling unit for each 6,000 square feet of parcel area on a block-by-block basis.

(3)

A minimum parcel area of 7,500 square feet (e.g., a typical fifty-foot by one-hundred-fifty-foot downtown parcel) shall be required to qualify for the specific duplex provisions of this subsection, which must meet current RMD development zoning regulations

(4)

Parcel coverage, setbacks, and other site design and building standards for the R-1 single-family residential districts shall apply to ensure that new duplex dwelling units are visually compatible with the established character of the adjoining residential neighborhood, which must meet current RMD development zoning regulations

(5)

Off-street parking, second-story limitations, and structure design shall be considered as part of the special permit review process to maintain the visual character of the area. Normally two (2) covered parking spaces shall be required for each unit, which must meet current RMD development zoning regulations.

(6)

A site plan review shall be required for duplex dwelling units and a public hearing shall be held in compliance.

(h)

ADUs and regional housing needs assessment. Subdivisions and multifamily housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City's housing element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).

(i)

Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes an ADU or JADU.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 853, § 2, eff. 10-20-2022)

(a)

Single Room Occupancy (SRO) facilities shall be located, developed, and operated in compliance with the following standards:

(1)

SRO facilities are allowed through Conditional Use Permits in the Residential High Density (RHD) and General Commercial (CG) Zoning Districts. The Planning Commission shall only approve a Conditional Use Permit for SRO facilities if it makes the required findings for a Conditional Use Permit, per Chapter 6, Article 5, Conditional Use Permits.

(2)

SRO facilities may be proposed in connection with the rehabilitation of existing residential or hotel properties. Properties that shall be given priority for the consideration of adaptive reuse or rehabilitation to SRO facilities include former hotels and motels.

(3)

Development incentives. The City of Coalinga will make a directed effort to prioritize and offer funding, financial incentives, and/or regulatory concessions at the time of application of a proposed SRO facility development, as provided in Implementation Measure HE1-1.9 of the Housing Element of the General Plan.

(4)

Occupancy. Any approved SROs shall give priority to seasonal agricultural workers, students, persons in Coalinga for visitation purposes, and persons in need of transitional housing in Coalinga. This may be a condition of approval.

(5)

Maximum Occupancy. Each SRO living unit shall be designed to accommodate a range of one to three (3) persons, or small families.

(6)

Minimum Size. An SRO living unit shall have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 400 square feet.

(7)

Minimum Width. An SRO of one room shall not be less than twelve (12) feet in width.

(8)

Entrances. All SRO units shall be independently accessible from a single main entry, excluding emergency and other service support exits.

(9)

Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a refrigerator; and cabinets for storage. Where cooking facilities are in a community kitchen, the community kitchen shall be a minimum of 150 square feet and designed to provide a minimum of two (2) linear feet of counter space for fifty (50) percent of the maximum number of tenants.

(10)

Bathrooms. SRO units shall have individual bathrooms containing a sink, a toilet, and a shower or bath per Housing and Building Code requirements. Units may have only one sink by the cooking area and may omit the bathroom sink.

(11)

Ground floor use. Ground floor area next to public right-of-ways shall be dedicated for public use such as lobby/meeting areas or resident-serving commercial uses. No SRO units shall be on the street level adjacent to the public right-of-ways. If any SRO units are at ground level, they shall face into a private open area such as an interior courtyard.

(12)

Management plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan shall include the following:

a.

Security/safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

b.

Management policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

c.

Rental procedures. All rental procedures, including weekly and monthly tenancy requirements;

d.

Staffing and services. Information regarding all support services, such as job referral and social programs; and

e.

Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Development and design standards applicable to all types of solar power generating facilities.

(1)

Compliance with building code. All active solar systems shall meet all requirements of the California State Building Code and shall be inspected by the Building Official prior to the issuance of the Building Permit.

(2)

Compliance with National Electric Code. All photovoltaic systems shall comply with the current edition of the National Electrical Code.

(3)

Utility notification. No grid-tied photovoltaic system shall be installed until evidence has been given to the Community Development Director that the owner has been approved by the utility company to install the system. Off-grid systems shall be exempt from this requirement.

(b)

Development and design standards for solar farms.

(1)

Definition. Solar farms, or solar photovoltaic power plants, include utility-scale solar energy projects selling power to a utility, with ground-mounted photovoltaic panels, and has a capacity of one megawatt or more.

(2)

Approval. Solar farms require a Site Plan Review Permit approval by the Planning Commission, and Building Permits. Other relevant studies, reports, certificates and approvals may be requested by the City of Coalinga, including but not limited to environmental review documentation.

(3)

Height. Ground-mounted systems, equipment and structures shall not exceed twenty-five (25) feet in height above the ground.

(4)

Setbacks. Active solar system structures must meet the minimum setbacks of their respective Zoning District.

(5)

Ground-mounted. Ground-mounted solar energy systems as part of a solar farm shall meet the minimum zoning setback for the Zoning District in which it is located.

(6)

Distribution lines. To the extent practical, all new power and distribution lines to any building, structure or utility connection, shall be placed underground.

(7)

Abandonment. It is the responsibility of the property owner to remove all obsolete or unused systems within twelve (12) months of cessation of operations. Reusable components are to be recycled whenever feasible. The site shall be restored to a natural condition as far as possible within six (6) months of the removal.

(8)

Security and screening. Solar farms shall be enclosed by open perimeter fencing to restrict unauthorized access. Such fencing may be allowed up to a height of six (6) to seven (7) feet. Slatted or open fencing shall be used to enclose the solar farm. The Planning Commission or City Council may require a combination of landscaping and fencing to screen the solar farm from adjacent uses.

(9)

Signage. The manufacturers' or installers' identification, and appropriate warning signage shall be posted on or near the panels clearly. All signage shall conform to the requirements of Chapter 4, Article 5, Signs.

(c)

Development and design standards for solar photovoltaic (PV) systems.

(1)

Solar photovoltaic systems are allowed in all Zoning Districts of the City of Coalinga.

(2)

All solar photovoltaic systems require Building Permits before installation.

(3)

All roof-mounted solar photovoltaic systems shall not be allowed to exceed the maximum height for the applicable Zoning District.

(4)

Freestanding solar photovoltaic systems shall be treated as accessory structures and shall conform to the setback and other requirements of accessory structures. No solar photovoltaic systems shall be allowed within the required front yard setback of any property.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The Planning Commission shall only approve a Conditional Use Permit for a swap meet if it makes the required findings for a Conditional Use Permit, per Chapter 6, Article 5, Conditional Use Permits.

(b)

Swap Meets shall be located and operated in compliance with the following standards:

(1)

Meets may only be conducted up to four (4) times a year, with a period of at least sixty (60) days in-between each swap meet event.

(2)

The Conditional Use Permit for a swap meet may expire after a certain number of years as determined by the Planning Commission. An application for a swap meet must be submitted and deemed complete ninety (90) days in advance of the first swap meet event date.

(3)

The Planning Commission shall require adequate parking on-site for the swap meet event. A parking plan may be required. Parking attendants may also be required to guide traffic.

(4)

The hours of operation of the swap meet, including set up and take down, shall be approved by the Planning Commission.

(5)

The Planning Commission may require a specified distance from residential uses for specific swap meets.

(6)

Other standards may be deemed necessary through Planning Commission review and approval.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose. The purpose of this section is to provide a uniform and comprehensive set of standards for the development, location, siting, and installation of commercial wireless services and facilities, and to balance the needs of commercial wireless communication providers, the regulatory functions of the city, the rights guaranteed by the federal government, and the potential impacts upon the community and neighboring property owners in the design and siting of commercial wireless services and facilities. This section is intended to protect and promote public health, safety, community welfare and the visual quality of the city as set forth within the goals, objectives and policies of the general plan.

(b)

Applicability and compliance with federal regulations. This section shall apply to all commercial wireless services and facilities as defined in the Federal Telecommunications Act, Title 47.5.I.(153), of the United States Code. Wireless communication services and facilities are exempt from this article if the facility is regulated by the California Public Utilities Commission, is specifically exempted by the Federal Communications Commission, is an amateur radio antenna facility, or is used solely for public safety purposes and is operated by an authorized public safety agency. Television and telecommunications devices for on-site use on individual residential or commercial properties or for multiple residential developments are exempt from this article.

(c)

Compliance with other federal regulations.Section 9-5.125, Telecommunication Facilities, of this article is consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. All modifications to existing wireless services and facilities shall be administratively reviewed per the requirements and procedure of this Section and Chapter 6, Article 1, Administrative Procedures. All approvals to modifications shall be made based on the required findings in this Section.

(d)

Permitted locations. New commercial wireless services and facilities require Conditional Use Permits on parcels and within the public right-of-way along the City's designated arterial and major collector streets in all Commercial and Manufacturing Zoning Districts, the RMD, RHD, OS, AG, PF and REC Zoning Districts. Co-location where possible shall be prioritized above new facility locations by the applicant, and may be recommended by the Community Development Director during the project review process.

(e)

Requirements. All commercial telecommunication and wireless services and facilities shall require a conditional use permit. All applications shall include the following information, and in addition, any other information that is required for a conditional use permit shall be submitted.

(1)

A network design plan for all of the service provider's existing and planned sites in the City and surrounding jurisdictions. The network design plan shall indicate the location of existing and proposed facilities and the service area covered by each site.

(2)

For new telecommunication facility locations, a written statement with supporting maps and documents showing that the possibility of co-location has been fully explored and is not possible at the time of application.

(3)

An evaluation of the radio frequency (RF) field exposure conditions of the facility, prepared by a qualified electrical engineer licensed by the state of California, demonstrating that the radiation levels generated by the facility meet Federal standards and that interference to consumer electronic products is unlikely to occur. The evaluation shall include the maximum exposure conditions directly adjacent to the antenna and at the closest point the public could come into contact with radiation, including upper floors of residential, institutional or commercial buildings, the maximum exposure conditions at the nearest residential use, the maximum exposure at the nearest school or day care use, the maximum exposure level at the nearest hospital or nursing home, and the maximum cumulative exposure conditions of all commercial wireless services and facilities within one mile of the proposed site. Certification shall be provided by the electrical engineer prior to final inspection of the facility that the RF field exposure conditions are per the submitted evaluation

(4)

A site plan showing the location of proposed facilities, and the location and use of existing buildings on the site and adjacent properties.

(5)

Visual representations sufficient to accurately show the appearance of the proposed facility, such as elevation drawings, photographic simulations, mock-ups, and/or story poles. When feasible, scaled mock-ups shall be constructed on site.

(6)

A co-location agreement binding the applicant and property owner to make the facility available in the future for the installation of additional communication equipment by other wireless communication providers.

(7)

An abandonment agreement, requiring removal of the facility if use is discontinued for more than one year.

(8)

If a monopole is proposed, an explanation as to why other facility types are not being considered, and a description of proposed screening of the monopole from public and private residential view.

(f)

Findings required.

(1)

The proposed telecommunication facility will provide a public benefit to the City of Coalinga.

(2)

The radiofrequency report demonstrates that the proposed facility is within public exposure and occupational limits established by the Federal Communications Commission (FCC).

(3)

The proposed telecommunication facility is visually compatible with the building it is attached to, and its neighborhood and surroundings, in compliance with the standards in Section 9-5.125(i) of this article, Visual Compatibility.

(4)

If a new location is being proposed, the applicant has demonstrated that co-location is not possible elsewhere.

(5)

Any other required finding for Conditional Use Permits.

(6)

All proposed modifications to existing telecommunication and wireless facilities shall demonstrate continued compliance with public exposure and occupational limits established by the FCC, as well as continued visual compatibility with the building that the facility is attached to, and its neighborhood and surroundings, in compliance with the standards in Section 9-5.125(i), Visual Compatibility.

(g)

Conditions of approval.

(1)

Approved telecommunication facilities shall maintain current radiofrequency reports, and submit such reports when requested by the Community Development Director to demonstrate continued compliance with applicable FCC standards for public exposure and occupational limits.

(2)

Commercial carriers may be required to work with community groups or organizations to provide screening solutions that are acceptable to such groups.

(h)

Permit validity and renewal. Permits issued pursuant to this section shall be valid for a period of ten (10) years. If the applicant fails to submit a renewal application at least ninety (90) days prior to expiration of the permit, the permit shall expire. Approval of the Community Development Director shall be required for permit renewal. In the event a timely submitted renewal application has not been acted upon, the permit shall extend beyond the ten (10) year period until the renewal permit has been acted upon. The renewal shall be valid for an additional five (5) years from renewal approval or the prior permit expiration, whichever is later.

(1)

Administrative renewal approval shall be based on the following criteria:

a.

The facility must comply with conditions of the conditional use permit, if applicable.

b.

The facility must be in use currently or have been in use during the previous year.

c.

The facility must demonstrate a record of proper maintenance.

d.

A qualified electrical engineer licensed by the State of California must have certified within the year preceding the renewal application that the RF radiation levels generated by the facility meet Federal standards, and that interference to consumer electronic products is unlikely to occur.

e.

The facility has been, or will be as a condition of permit renewal, upgraded to utilize improved technologies and/or newer equipment of equal or greater capacity that would reduce visual impacts or radiation levels.

(2)

Within fourteen (14) days of any approval or denial of an administrative permit, the decision may be appealed to the planning commission.

(3)

Within fourteen (14) days of any approval or denial of a conditional use permit, the decision may be appealed to the City Council.

(i)

Visual compatibility. Commercial wireless services and facilities shall be visually compatible with the surrounding area and any buildings to which they are attached. Facilities shall be camouflaged, concealed, or disguised. Based on potential visual impact, the order of preference for facility type is: 1) building mounted; 2) distributed, repeater, or microcell antenna systems; and 3) monopoles. Other designs shall be considered in terms of visual impacts relative to the designs listed. Support equipment pads, cabinets, shelters, and buildings shall require architectural, landscape, color, or other camouflage treatment for minimal visual impact. The following specific design requirements shall apply to each type of commercial wireless service and facility:

(1)

Building mounted designs. Building mounted designs are encouraged, provided that they are compatible with the building design and do not negatively affect the surrounding area. Building mounted antennas shall be hidden from view or integrated into the building's architecture.

a.

Notwithstanding building or antenna height limits for a given district, building mounted commercial wireless antennae may extend ten (10) feet above the building surface on which they are located. An additional foot of height may be added for every ten (10) feet an antenna is set back from the building parapet, to a maximum height of fifteen (15) feet above the surface on which it is located.

b.

Building mounted antennas shall be architecturally integrated with the building design in such a manner as to be visually unobtrusive.

c.

The color of building mounted antennas shall match or coordinate with the building colors.

d.

Building mounted antenna equipment facilities shall be screened from public view.

(2)

Distributed repeater, or microcell antenna systems.

a.

Distributed, repeater, or microcell antenna systems mounted on buildings shall conform to the height limit of the Zoning District within which the subject building is located.

b.

Distributed, repeater, or microcell antenna systems mounted on utility poles or other utility structures within the public right-of-way in any Zoning District shall be limited in height to the height of that particular structure.

c.

Distributed, repeater, or microcell antenna systems shall be designed to minimize visibility on utility poles or other structures.

d.

Distributed, repeater, or microcell antenna systems' equipment facilities shall be screened from public view.

(3)

Monopole antennas.

a.

All monopoles shall be limited to the maximum height allowed for the Zoning District in which it is located.

b.

Monopoles shall be considered only when the applicant demonstrates that the proposed facility can not, or should not, be placed on an existing building, utility pole, or other structure.

c.

Monopoles shall be located a minimum of 150 feet away from any property line of a residentially zoned property.

d.

Substantial landscaping or other screening shall be provided to screen monopoles from public or private residential view. Landscape screening shall be designed to achieve its desired appearance within a two-year period of time.

e.

Monopoles shall be designed to minimize their visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, such as enclosures and structures made to look similar to or compatible with existing architecture, and artificial trees.

f.

Monopole equipment facilities shall be screened from public view.

(j)

Operation and maintenance. All commercial wireless services and facilities shall comply at all times with the following operation and maintenance standards:

(1)

All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the City.

(2)

Each facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible.

(3)

Each facility for which a landscape plan was required and approved shall maintain the facility and site in accordance with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to the Community Development Director.

(4)

Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m. on weekday nights. All equipment, such as backup generators and air conditioners, shall be designed to be in compliance with Section 9-4.405, Noise.

(5)

Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this article.

(k)

Public property and public right-of-way.

(1)

The Community Development Director or the Community Development Director's designee may establish terms and conditions under which any public property or facility or public right-of-way may be made available as a location for a commercial wireless service or facility.

(2)

No commercial wireless service or facility shall be constructed in or upon a public property or facility owned by the city, unless the communication provider seeking to operate the facility has obtained authorization from the city to occupy the property or facility. Authorization may include a lease agreement, an encroachment permit, or other agreement as determined by the Community Development Director or the Community Development Director's designee.

(3)

The provider shall indemnify and hold harmless the city and its officers and employees from any and all liability for damage proximately resulting from any operations of the provider under its lease or franchise.

(4)

The provider shall pay to the city on demand the cost of all repairs to public property made necessary by or proximately resulting from any operations of the provider under its lease or franchise.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Temporary uses shall be located, developed, and operated in compliance with the standards of this section.

(1)

General. A temporary use is ancillary to the principal Use Permitted on a lot, but is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a Temporary Use Permit issued in accordance with Chapter 6, Article 6, Temporary Use Permits.

(2)

Carnivals, fairs and festival events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:

a.

Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a public or private school. Carnivals, fairs, and festival events may be located in residential districts so long as it is located on a parcel no smaller than twenty (20) acres provided adequate access and services to the location are provided and approved by the City. This will have to be demonstrated through the application process.

b.

Time limit. When located within or adjacent to a Residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. unless approved by the City Manager and additional sound attenuation measures are implemented.

c.

Duration. Carnivals, fairs, and festival events are limited to no more than ten (10) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

d.

Existing parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading. If located in a residential district all parking shall be provided onsite.

(b)

Garage sales. A garage or yard sale may be permitted on any developed lot occupied for residential purposes, in accordance with the following standards:

(1)

Garage sales are limited to no more than three (3) consecutive days four (4) times a calendar year, and no more than once a month per property. Garage sales are limited to 7:00 a.m. to 5:00 p.m.

(2)

No outdoor storage shall be allowed. All sale items shall be removed from public view at the end of each sale date.

(3)

All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.

(4)

All signs used in connection with advertising a garage sale shall comply with the following standards. The City is authorized to remove garage sale signs that are not in compliance with the following standards:

a.

No more than one sign shall be posted on the premises of the garage sale, and shall not exceed six (6) square feet in area.

b.

No more than two (2) freestanding signs may be posted off-site, subject to the permission of the property owner on whose property the sign may be placed. Each off-site sign shall not exceed six (6) square feet in area. No sign shall be affixed to utility poles, street sign poles or similar public facilities.

c.

All signs shall be removed within twenty-four (24) hours of the conclusion of the garage sale.

(5)

A non-retail commercial business may conduct a one-time lawful garage sale on their premises with the following conditions:

a.

The business must be closing (estates sale, liquidation sale);

b.

The sale shall not last more than two (2) consecutive days;

c.

The sale of goods must be personal property consistent with the business operations;

d.

An additional two (2) days may be granted by the City Manager at his/her discretion.

(c)

Model homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No planning approval is necessary for a model home.

(1)

Time limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.

(2)

Location of sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.

(3)

Return to residential use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes will be converted to its intended residential purpose.

(4)

Term of use. The model home may be established and operated for a term period of three (3) years or until completion of the sale of the lots or residences, whichever comes first. One year extensions may be approved by the Community Development Director until the sale of all lots/residences is completed.

(d)

Temporary and seasonal outdoor sales. Temporary and seasonal outdoor sales include but are not limited to grand opening events, business closing sales, temporary automobile sales, and other special sales events. Temporary and seasonal outdoor sales may be permitted in accordance with the following standards.

(1)

General requirements. Temporary outdoor sales on private property in non-residential districts shall be subject to the following standards:

a.

Temporary outdoor sales shall be part of an existing business on the same site. Items on sale shall only include items permitted for sale on the property. Temporary automobile sales are limited to the CR district.

b.

Sales events shall be conducted solely on private property and not encroach within the public right-of-way.

c.

Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

d.

When located adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. Items shall be completely removed at the close of business each day.

e.

The entire area used for temporary outdoor sales, including display, sales, circulation and parking, shall be paved per City standards.

f.

Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

g.

Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading.

(2)

Seasonal sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:

a.

Time period. Seasonal sales associated with holidays lasting three (3) days up to a month, are permitted one month preceding and one week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.

b.

Goods, signs and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.

c.

Non-profit fund raising. Fund raising sales by a non-profit organization are limited to no more than seven (7) consecutive days, twelve (12) times a year.

(e)

Long term special events and sales. Other special events, outdoor sales, and displays that range from three (3) consecutive days to no more than three (3) months, may be permitted in accordance with the following standards:

(1)

Location. Events are limited to non-residential district.

(2)

Number of events. Long term special events and sales are limited to no more than two (2) per year.

(3)

Existing business. Temporary outdoor sales shall be part of an existing business on the same site.

(4)

Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 4, Article 5, Signs.

(f)

Temporary farming. Temporary farming may be permitted in areas that are primarily zoned residential, and shall be in accordance with the following standards:

(1)

Area. Temporary farming shall require a lot with a minimum area of twenty (20) acres.

(2)

Setbacks. Setback from adjacent non-agriculturally-zoned property shall be thirty (30) feet.

(3)

Duration. Temporary farming activity is limited to no more than five (5) years.

(4)

Crop types. Row crops or pasture crops are allowed. Orchards and trees crops are prohibited.

(5)

Animal keeping. Consistent with Zoning Code Section 9-5.104.

(6)

Machinery operation. Hours for the use of machinery shall be limited to all days of the week from 7:00 a.m. to 10:00 p.m. unless approved by the City Manager. The request must be made in writing one week before anticipated activity.

(7)

Pesticide use. Consistent with California's Department of Pesticide Regulation and Fresno County Agricultural Commissioner's regulations.

(8)

Irrigation. Temporary farming shall use water from an existing well, and/or available, permitted, reclaimed water such as recycled wastewater. Wells shall have a sound barrier installed to reduce nuisance noise generated from the motor if it exceeds the decibel level acceptable in a residentially zoned district. If a sound barrier is required, the plan shall be reviewed and approved by the Community Development Director.

(9)

Construction of new wells. The construction of new wells is strictly prohibited.

(10)

Temporary storage. Consistent with Zoning Code Section 9-4.208.

(11)

Temporary or seasonal retail sales. May be allowed in accordance with standard for Temporary and Seasonal Outdoor Sales, Zoning Code Section 9-5.126.

(12)

Performance standards. Consistent with all standards set forth in Chapter 2, Article 2.

(13)

Dust reduction. Dust must be minimized through the use of continued water application, reduced vehicular speeds and avoiding tilling on windy days.

(14)

Caretaker. There shall be allowed one caretaker per operation.

(g)

Temporary carwashes for fundraising. Temporary vehicle carwashes may be conducted in accordance with the following standards. No permit is required for a temporary vehicle carwash.

(1)

The site shall be developed with commercial, industrial and/or public uses (i.e., civic, institutional).

(2)

No more than two (2) carwashes shall be conducted on a site any given month.

(3)

No event shall be conducted for longer than two (2) consecutive days.

(4)

Carwashes may be conducted between the hours of 7:00 a.m. and 7:00 p.m.

(5)

The site shall be paved with an impervious surface.

(6)

The use of biodegradable soap is required.

(7)

Signs may be displayed only during the carwash and shall be removed at the end of the carwash. Signs shall not be placed on utility poles/structures or in the public right-of-way.

(8)

Vehicles, either being washed or in queue to be washed, shall not block required drive aisles, drive approaches, and/or public rights-of-way.

(9)

Appearance. When a temporary carwash is not in operation, all evidence of its use must be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition.

(10)

Refuse/litter. The operator shall provide waste removal and shall be responsible for collecting trash after each event, including the parking lot.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014; Ord. No. 803, § 1, eff. 9-2-2017; Ord. No. 809, § 1, 5-19-2018; Ord. No. 858, § 2, eff. 4-6-2023)

(a)

Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the California Health and Safety Code, constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. Such housing structured as single-family is permitted in all residential zones, whereas transitional and supportive housing structured as multi-family is limited to the RMD and RHD residential zoning districts.

(b)

The Community Development Director may grant reductions in parking requirements to proposed transitional and supportive housing, if it can be demonstrated that actual employee, resident and visitor parking needs do not exceed the number of parking spaces required by Code, and all parking can be accommodated on-site.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Purpose. The purpose of this section is to adopt local regulations applicable to commercial cannabis operations as may be permitted under the California Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94), approved by the Governor on June 27, 2017 or subsequently enacted State law pertaining to the same.

(b)

Definitions. Except as set forth herein, or where a different meaning is clearly intended by the language, the definitions set forth in the Act shall apply to interpretations under this section.

Act means the Medicinal and Adult-Use Cannabis Regulation and Safety Act or a subsequent cannabis related law adopted by the State.

Applicant means a person who is required to file an application for a permit under this section.

Business owner means the owner(s) of the cannabis operations. For corporations and limited liability companies, business owner means the President, Vice President, and any shareholder owning a twenty (20) percent or greater share of the corporation or company. For partnerships, business owner means all general partners and managing partners.

Cannabis shall have the meaning set forth in California Business and Professions Code section 19300.5(f).

City means the City of Coalinga.

Co-location of businesses shall mean the existence of multiple cannabis operations located at a single location (parcel, building or structure) or as defined by the State of California. This also includes the co-location of both adult-use and medicinal commercial cannabis operations as prescribed by law.

Commercial cannabis operation means any commercial cannabis activity allowed under the Act and the implementing regulations, as the Act and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.

Commercial cannabis regulatory permit or regulatory permit means the permit required under this section to have a commercial cannabis operation, and any prior permit granted by the City under Urgency Ordinance No. 791 pursuant to the registration process.

Employee permit means the permit required under this section for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation.

Non-commercial and adult-use cannabis activity means all uses not included within the definition of commercial cannabis operation, including the personal use, cultivation, or consumption of cannabis, whether medicinal or for adult-use.

Operator means the business owner and any other person designated by the business owner as responsible for the day to day cannabis operations.

Ordinance means the ordinance adopting this section, and including the terms of this section, which may be commonly referred to as the City's "Commercial Cannabis Ordinance."

Outdoor cultivation means the cultivation of cannabis, outside of a structure, without the use of artificial lighting in the canopy area at any point in time. Cultivation within a hoop structure is considered outdoor cultivation. No artificial lighting is permissible for outdoor cultivation, including within hoop structures.

Police Chief means the Police Chief of the City of Coalinga or his or her designee.

Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

Premises owner means the fee owner(s) of the premises where cannabis operations are occurring.

Responsible party shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis operations.

(c)

Permitted uses and zoning. Business owners meeting the requirements of this section, unless specified otherwise, shall be allowed to conduct the following commercial cannabis operations in the MBL - Light Manufacturing/Business Zone District of the City:

•

Indoor cultivation.

•

Outdoor cultivation.

•

Manufacturing (nonvolatile).

•

Manufacturing (volatile).

•

Testing laboratory.

•

Distributer.

•

Nursery.

•

Microbusiness.

The commercial cannabis operation shall at all times be in compliance with this section or as otherwise specified as it may be amended from time to time or repealed and replaced by another section governing the commercial cannabis operation.

(d)

Minimum operational requirements and restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:

(1)

The Act and other state laws. The cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under the Act, and any other applicable State law. The operator shall obtain required licenses under the Act prior to opening for business, or if the State is not ready to issue licenses under the Act prior to the time of opening, within twelve (12) months of the State being ready to issue the required license(s). Provided, however, that the operator shall at all times be in compliance with all other requirements of the Act and implementing regulations, and any other applicable State law, regardless of the timing of the issuance of a license under the Act.

(2)

Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the Police Chief at all times immediately upon request.

(3)

Signage. There shall be no signage or markings on the premises, or off-site, which in any way evidences that cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.

(4)

Cannabis consumption. No cannabis shall be smoked, ingested or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility.

(5)

Distribution. There shall be no distribution of cannabis or cannabis containing products from a cannabis operation except by another State or local licensed or permitted cannabis business holding a distributor license.

(6)

Manufacturers. Manufacturers shall adhere to Assembly Bill 2679, applicable State Law and subsequent state regulations.

(7)

Testing facilities. Testing facilities shall meet all the requirements of State Law (including B&P Code 26100 and all subsequent State Department Regulations).

a.

Testing laboratories shall dispose of any waste byproduct resulting from their operations in the manner required by State and local laws and regulations.

(8)

Non-commercial cannabis activity. No non-commercial cannabis activity shall occur on the licensed premises.

(9)

Retail sales. The retail sale of cannabis is permitted in accordance with Section 9-5.129.

(10)

Public access. There shall be no public access to the commercial cannabis operations premises except for retail facilities.

(11)

Minors. It shall be unlawful for any operator to employ any person who is not at least twenty-one (21) years of age, or any older age if set by the State.

(12)

Distance separation from schools. Cannabis operations shall comply with the distance separation requirements from schools as required by State law. In addition, a commercial cannabis operation shall not be located within 930 feet from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

(13)

Hours of operation. Commercial cannabis operations shall be allowed to operate per the requirements of an approved conditional use permit and subject to the City's noise and nuisance ordinances.

(14)

Building and related codes. The cannabis operation shall be subject to the following requirements as applicable:

a.

The premises in which the cannabis operations occur shall comply with all applicable local, state and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The operator shall obtain all required building permits and comply with all applicable City standards.

b.

The responsible party shall ensure that the premises has sufficient electrical load for the cannabis operations.

c.

Butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Coalinga Fire Department shall inspect and approve the premises for use of the products prior to City's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.

d.

The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the cannabis operations.

e.

The operator shall comply with all environmental laws and regulations pertaining to the cannabis operations, including the use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.

(15)

Odor control. Except for outdoor cultivation, cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is not detected outside the premises, outside the building housing of the cannabis operations, or anywhere on adjacent property or public rights-of-way. As such, cannabis operations must install and maintain the following equipment or any other equipment which the City's Building Official and Police Chief determines has the same or better effectiveness, if a smell extends beyond a property line:

a.

An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or

b.

An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility.

(16)

Consumable products. Cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the appropriate State and local agencies for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the State.

(17)

Secure building. All cannabis operations, except outdoor cultivation, shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top.

a.

The building shall include a burglar alarm monitored by an alarm company or private security company.

b.

The primary building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. The roof may be of solid translucent material provided other security measures exist to ensure that the cannabis operation cannot be seen, heard or smelled beyond the property line.

c.

Greenhouses shall be considered ancillary to the primary use/structure and constructed in accordance with the California Building Code related to utility structures. Greenhouses shall be secured in way, as approved by the Police Chief, to prevent vehicle intrusion.

d.

The precise building construction and material to be used shall be identified and provided to the City prior to construction and provided with the application.

(18)

Premises security. The following security conditions shall apply:

a.

Alarm system (both perimeter, fire and panic).

b.

Remote monitoring of alarm systems.

c.

Perimeter lighting systems (motion sensor) for after-hours security.

d.

Perimeter security and lighting as approved by the Police Chief and Community Development Director.

e.

Use of drive gates with card key access or similar to access the facility.

f.

Entrance areas to be locked at all times areas, and under the control of a designated responsible party.

g.

Use of access control systems to limit access to cannabis related areas.

h.

Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points of the site from the interior, and be of a minimum resolution in order to read license plates and facial recognition from all exterior and interior locations.

i.

All security systems at the site are attached to an uninterruptable power supply that provides twenty-four (24) hours of power.

j.

Security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the Police Chief.

k.

All current contact information regarding the security company shall be provided to the Police Chief.

l.

Coalinga Police Department or department designee shall have access to all security systems.

m.

Subject to the provisions below regarding the use and handling of confidential information, IP access for remote monitoring of security cameras by the Coalinga Police Department or Department designee.

n.

Subject to the provisions below regarding the use and handling of confidential information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of thirty (30) days and must be made available to the Coalinga Police Department or Department designee for duplication upon demand. In addition, upon request by the Coalinga Police Department the responsible party shall duplicate the records for the Coalinga Police Department or Department designee.

o.

Hardened bullet resistant windows, or an alternative method of protection such as safety and security window film, approved by the Police Chief, for exterior windows as part of any new or existing construction.

p.

Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

q.

Electronic track and trace systems for cannabis products as approved by the Police Chief.

r.

Premises may be inspected and records of the business owner audited by the City for compliance at any time.

s.

State of the art network security protocols and equipment need to be in place to protect computer information.

t.

The foregoing requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the business owner.

Confidentiality Statement

 The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the premises and video and/or audio feeds or recordings of the premises ("recipients") may receive or be provided with confidential information relating to the cannabis operations, which may include the following: Data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively "confidential information").

 To the extent confidential information is acquired from access to the premises and video and/or audio feeds or recordings as authorized under this section, the recipients shall, to the maximum extent possible, keep such confidential information confidential and not disclose the confidential information to any third parties. Provided, however, that the recipients may disclose confidential information to the State or Federal courts in California in connection with any criminal law enforcement action against the business owner or operator, (including its employees, contractors and agents conducting business within the premises) arising from or related to the cannabis operations, but only to the extent it is necessary and relevant to such criminal prosecution, and the recipients shall file any such documents under seal to the extent they contain any confidential information.

 Notwithstanding the foregoing, the City may disclose confidential information:

  1. As may be required by the California Public Records Act or pursuant to a civil subpoena, provided however, the City shall notify the operator and provide the operator with a reasonable opportunity to obtain a protective order before disclosing the confidential information.

  2. In connection with any City enforcement proceeding relating to compliance with City's Municipal Code and this section, but only to the extent the confidential information is relevant to the proceeding.

(19)

Deliveries of supplies and transportation of product. The transportation of cannabis and cannabis products shall only be conducted by persons holding a State distributor license or employees of those persons and shall follow all the regulations and safety standards established by the Bureau of Cannabis Control.

(20)

Premises maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public. The premises or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.

(21)

Location of uses. The commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plan of the premises submitted with the application for a regulatory permit. The commercial cannabis operation shall not operate at any place other than the address of the cannabis operation stated in the regulatory permit.

(22)

Outdoor cultivation.

a.

Distance separation from Residences. No outdoor cultivation will be permitted within one (1) mile of any Residential Zoning District at the time a conditional use permit is issued. Measurements shall be from property boundary to property boundary. Areas where cannabis is cultivated shall be screened from public view adjacent to the premises by fencing, structures or vegetation.

b.

Premises security. Security requirements for outdoor cultivation shall be approved by Council resolution. Absent a resolution by the City Council, the Police Chief shall establish reasonable security requirements for the cannabis operation through the issuance of the regulatory permit.

c.

Processing of cannabis products. Outdoor cannabis operation shall occur in a primary structure and constructed/improved in accordance with the California Building Code related to main or utility structures unless the crop is directly distributed to a licensed manufacturing or processing facility on the same parcel. Outdoor cultivation on undeveloped vacant lots shall have a main building that is Title 24 compliant to support the operations.

d.

Environmental considerations. All persons engaging in the cultivation of cannabis outdoors shall comply with the State of California's General Environmental Protection Measures including: (1) have a legal water source on the premises, (2) not draw groundwater for the purposes of irrigation, (3) not allow illicit discharges of irrigation or storm water from the premises, (4) not allow the off-site drift or discharge of chemicals, (5) and; be connected to the City of Coalinga sewer system.

e.

Disposal of waste material. Cannabis waste material shall be disposed in accordance with State Law. No burning of cannabis waste is permitted.

f.

Cultivation plan. A cultivation plan shall be submitted to the City as part of the application process for conditional use permit and regulatory permit. The requirements for the cultivation plan shall be consistent with that of Section 8106 of the California Code of Regulations or as amended.

(e)

Commercial cannabis regulatory permit. No person or entity shall operate a commercial cannabis operation within the City of Coalinga without first obtaining a commercial cannabis regulatory permit from the City. The regulatory permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the regulatory permit.

(f)

Conditional use permit. Prior to, or concurrently with, applying for a regulatory permit, the applicant shall process a conditional use permit as required by the City's Land Use Regulations. Information that may be duplicative in the two (2) applications can be incorporated by reference. The conditional use permit shall run with the land.

(g)

Applications for regulatory permits and responsible party designation.

(1)

Application. Applications for regulatory permits shall be filed by the proposed business owner(s) with the Police Chief and include the information set forth herein. The Police Chief may request such information he or she deems necessary to determine who the applicant is. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator and all responsible parties known at the time (if different than the business owner), and any other party designated below, to the extent the same shall apply:

a.

The full name, present address, and telephone number, including such information to the premises owner.

b.

Date of birth.

c.

Tax identification number.

d.

The address to which notices relating to the application is to be mailed.

e.

Previous addresses for the five (5) years immediately preceding the present.

f.

The height, weight, color of eyes and hair.

g.

Photographs for identification purposes (photographs shall be taken by the Police Department).

h.

All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form.

i.

The cannabis operation business history, including whether the business owner and responsible parties while previously operating in this or another city, county or state has had a cannabis related license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation.

j.

Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application form must be accompanied with a notarized acknowledgment from the premises owner that cannabis operations will occur on its property.

k.

A descriptive business plan for the cannabis operation, including a detailed list of all cannabis operations proposed to occur on the premises.

l.

A diagram and floor plan of the entire premises, denoting all the use of areas proposed for cannabis operations, including, but not necessarily limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

m.

The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, twenty-four (24) hours per day. The contact information and schedule of the operator and responsible parties shall be provided to the Police Chief and updated within twenty-four (24) hours of any changes.

n.

The proposed security arrangements for insuring the safety of persons and to protect the premises from theft.

o.

An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the operational requirements.

p.

A descriptive operations plan for the cannabis operation that shall include, but not be limited to, standard operating procedures, training program, number of employees, inventory procedures, waste management plan, quality control procedures, pest management, estimated water use, and equipment storage.

q.

Authorization for the City, its agents and employees to seek verification of the information submitted.

(2)

Improper or incomplete application. If the applicant has completed the application improperly, or if the application is incomplete, the Police Chief shall, within thirty (30) days of receipt of the original application, notify the applicant of such fact.

(3)

Changes in information. Except as may otherwise be provided, the information provided in this subsection shall be updated to the Police Chief upon any change within ten (10) days.

(4)

Other permits or licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit.

(h)

Employee permits.

(1)

Permit required. Every employee or independent contractor working at a commercial cannabis operation shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

(2)

Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Police Department can perform a background check:

a.

Name, current resident address, and telephone number.

b.

Date of birth.

c.

Tax identification number.

d.

Height, weight, color of eyes, and hair.

e.

Photographs for identification purposes (photographs shall be taken by the Police Department).

f.

Be fingerprinted by the Police Department.

g.

Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit.

h.

Authorization for the City, its agents and employees to seek verification of the information contained within the application.

i.

The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.

(i)

Application fees. Every application for a regulatory permit and employee permit shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license fee or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general review and processing of the application.

(j)

Investigation and action on application.

(1)

Upon the filing of a properly completed application and the payment of the fee, the police chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Coalinga Police Department.

(2)

For regulatory permits, after the background checks and investigation are complete, the Police Chief shall approve or deny a regulatory permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the Police Chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community.

(3)

For employee permits, after the background checks and investigation are complete, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation.

(k)

Term of permits and renewals. Regulatory permits issued under this chapter shall expire one year following the date of issuance. Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Police Chief shall renew annual permits for additional one year periods if the circumstances and information provided with the initial application have not materially changed.

(l)

Grounds for denial of regulatory permit. The grounds for denial of a regulatory permit shall be one or more of the following:

(1)

The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.

(2)

The business owner or operator has been issued a local or state permit related to cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the business owner or operator has had disciplinary action relating to the permit.

(3)

The business owner or operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.

(4)

Consistent with the Act or other applicable State law, the business or its owners or operators, or any responsible person, has been ineligible for a license under the Acts requirements.

(5)

Consistent with the Act or other applicable State law, the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

(6)

The business owner or operator is under twenty-one (21) years of age, or any older other age set by the State.

(7)

The cannabis operation does not comply with the zoning ordinance standards of the City of Coalinga or the development standards set forth in this title.

(8)

The required annual business license fee, annual regulatory fee or revenue raising fee has not been paid.

(m)

Grounds for denial of employee permit. The grounds for denial of an employee permit shall be one or more of the following:

(1)

The applicant has been issued a local or state permit related to cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

(2)

The employee is ineligible for employment under the requirements of the Act.

(3)

Consistent with the Act or other applicable State law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

(4)

The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.

(5)

An applicant is under twenty-one (21) years of age, or any older age set by the State.

(n)

Notice of decision and final action.

(1)

Regulatory permit. Action on the regulatory permit shall be as follows:

a.

The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.

b.

Following a public hearing before the City Council, the Council may grant the regulatory permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community, or it may deny the issuance of the regulatory permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review below.

(2)

Employee permit. Action on the employee permit shall be as follows:

a.

The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Police Chiefs decision on an employee permit shall be final, subject to judicial review.

(o)

Suspension and revocation of regulatory permit or employee permit.

(1)

Regulatory permit. The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:

a.

The cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable state law.

b.

The cannabis operation is conducted in such a manner as to create a public or private nuisance.

c.

A failure to pay the regulatory fee or revenue raising fee required by this section.

d.

A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.

e.

A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.

f.

Any act which would be considered grounds for denial of the regulatory permit in the first instance.

g.

Failure to reasonably comply with the recommendations and action items identified on the City's monitoring and compliance reports.

(2)

Employee permit. The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:

a.

Any act which would be considered a ground for denial of the permit in the first instance.

b.

Violates any provision of this section, the Act, or any other applicable law relating to the cannabis operation.

c.

Violates or fails to comply with the terms and conditions of the employee permit.

(3)

Procedures for revoking regulatory permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized except that the matter shall be heard by the City Council in the first instance, and shall be subject to the same judicial process as applied to a conditional use permit. (See, Coalinga Municipal Code Section 9-6.114, Effective dates, expiration, extensions, modifications, and revocation of approvals.)

(4)

Procedures for revoking employee permits. Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid. Any permittee aggrieved by the decision of the Police Chief in suspending or revoking an employee permit shall have no appeal rights and the Police Chiefs decision shall be final, subject to judicial review as set forth in this section.

(5)

Immediate suspension. The Police Chief may immediately suspend or revoke a regulatory permit and an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:

a.

The business owner or operator is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.

b.

The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

(p)

Effect of denial or revocation. When the City Council shall have denied a regulatory permit or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit and no new application for an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the regulatory permit or employee permit.

(q)

Abandonment. In addition to the suspension or revocation of a regulatory permit, a regulatory permit shall be deemed abandoned if cannabis operations cease for a period of more than ninety (90) consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety (90) day period shall be tolled during periods of force majeure, which shall be defined as follows: War; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

(r)

Water availability. As a condition of opening for business, the premises owner, business owner, operator, and all responsible parties shall be deemed to have acknowledged and agreed to the following if the cannabis operation is connected to the City's water system.

The City's source of water comes through a contract with the Bureau of Reclamation ("Bureau"). The Bureau has indicated that it will report the use of City water for cannabis operations to the Department of Justice. While the City believes that supplying water to the site does not impair the Bureau contract, should the Bureau, Department of Justice, or other governing agency take actions affecting the City's Bureau contract because of the cannabis operation, the City may be forced to curtail or commingle water supply to the site. Under those circumstances, the cannabis operation may be required to find alternative sources of water supply. If that happens, the City agrees to work with the premises owner, business owner, and operator to find an alternative water source, which may include the commingling of water, accessing a well, or having water delivered to the site by separate contract, but the City cannot provide any guarantees. The premises owner, business owner, and operator assume all risk associated with water supply to the site, including all costs associated therewith. The premises owner, business owner, operator, and all responsible parties shall hold harmless, release, indemnify, and defend the City, its officers, employees, and agents, from any liability associated with the curtailment of water because of the foregoing. This release includes any damages to the premises owner, business owner, operator, and all responsible parties, its employees and contractors, and third parties, and includes the risk of lost revenue, profits and consequential damages.

(s)

Fees and taxes. All cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:

(1)

Business license fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 3, Chapter 1, of the Coalinga Municipal Code pertaining to business licensing.

(2)

Regulatory license fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the City Council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on January 1 each year thereafter. The regulatory fee may be amended from time to time based upon actual costs.

(3)

Revenue raising fee (voter approved tax). An annual revenue raising fee ("revenue fee") for the privilege of having the right to operate in the City as approved by the local citizens or by applicable Council Resolution.

a.

Terms of payment. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). Anywhere cannabis is located or is expected to be located shall be subject to the revenue fee square foot calculation.

If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the fee. The fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall be prorated so that future payments coincide with calendar year quarters, but in no event shall the first payment be less than the equivalent of one full quarterly payment. Except for the first quarterly payment, all quarterly payments shall be received by the City no later than thirty (30) days after the end of the quarter.

(4)

All other state and local rules.

(t)

Record keeping. The responsible party shall make and maintain complete, accurate and legible records of the permitted cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five (5) years and shall be accessible to the City of Coalinga upon request.

(u)

Inspection. Cannabis operations shall be open for inspection by any City law enforcement officer, staff member or any other City designated agent at any time the cannabis operation is operating, at any other time upon responding to a call for service related to the property where the Cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis operation shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.

(v)

Indemnification. In authorizing commercial cannabis operations under this section, the City makes no guarantees or promises as to the lawfulness of the approved activity under State or Federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to the adoption of this section or the operation of any commercial cannabis operation approved pursuant to this section or under State or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the City, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the State or Federal government. An adverse determination could include cessation of operations.

The business owner agrees to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this section. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.

If requested by the City Attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.

(w)

Insurance. The business owner shall at all times carry a comprehensive general liability policy in the minimum amount of one million dollars ($1,000,000.00) combined single limit policy, as shall protect the business owner and city from claims for such damages, and which policy shall be issued by an "A" rated insurance carrier. Such policy or policies shall be written on an occurrence form. The City Manager, in consultation with City's Risk Manager, may allow the business owner to obtain lesser amounts of insurance where multiple business Owners are operating on the premises, provided at all times the minimum insurance set forth herein is applicable to the cannabis operations.

The business owner shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination.

Coverage provided hereunder by the business owner shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City.

(x)

Bond requirement. The applicant shall provide proof of a bond in the amount of twenty-five thousand dollars ($25,000.00) to cover the costs of destruction of cannabis or cannabis products if necessitated by a violation of licensing requirements.

(y)

Violations: Enforcement.

(1)

Any person that violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

(2)

Any use or condition caused or permitted to exist in violation of any of the provisions of this section shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Coalinga Municipal Code.

(3)

Any person who violates, causes, or permits another person to violate any provision of this section commits a misdemeanor.

(4)

The violation of any provision of this section shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.

(5)

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this section may be subject to an administrative fine of up to one thousand dollars ($1,000.00) for each violation and for each day the violation continues to persist.

(z)

Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this section or of the regulatory permit issued pursuant to this section, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section.

(aa)

Judicial review. Judicial review of a decision made under this section or any actions taken pursuant to this section, may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. No. 797, § 4, eff. 12-3-2016; Ord. No. 804, § 1, eff. 2-3-2018; Ord. No. 834, § 2, eff. 12-7-2019; Ord. No. 836, § 2, eff. 5-2-2020; Ord. No. 841, § 1, eff. 8-15-2020; Ord. No. 846, § 2, eff. 5-1-2021; Ord. No. 872, § 1, eff. 1-16-2025)

(a)

Definitions. Except as otherwise provided, when used in this section, the terms defined in Section 9-5.128 shall have the same meanings herein, and in addition the following terms shall have the following meanings:

Cannabis (as defined in Business and Professions Code section 19300.5(f)), including marijuana and cannabis concentrate (as defined in Business and Professions Code section 19300.5(g)), that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health and Safety 11362.5 et seq.

Cannabis consumption lounge shall mean a location with both onsite retail sale and areas to consume cannabis or cannabis products. A consumption cafe/lounge shall have a licensed retail premises that is a physical location from which commercial cannabis activities are conducted. The consumption cafe/lounge shall only sell cannabis or cannabis products to adults twenty-one (21) years of age or older for onsite consumption, either through smoking, vaping, or ingestion of edible or topical products. The space occupied by a consumption cafe/lounge shall be definite and distinct from the space where other activities licensed are exercised and shall be accessed through a separate entrance. Onsite consumption lounges and cafes shall only be permitted in the Downtown Overlay District.

Cannabis retail facility means a physical building where adult-use and/or medicinal cannabis products, or devices for the use of adult-use and/or medicinal cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, cannabis and cannabis products as part of retail sale. This includes microbusinesses with on-site indoor cultivation limited to 10,000 square feet or as prescribed by state law.

Customer means a qualified patient, primary caregiver to a qualified patient, or anyone otherwise allowed by state law to purchase, consume, or possess adult-use or medicinal cannabis.

Limited-access area is an area in which medical cannabis goods are stored or held and is only accessible to a licensee and his or her employees and contractors.

Personal cannabis means cannabis that is cultivated, processed, or stored for a single customer's use.

Primary caregiver is an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.

Qualified patient is a person who has a recommendation for cannabis by a licensed physician and is entitled to the protections offered by California Health and Safety Code Section 11362.5, and who has an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of cannabis as well as a picture identification of one of the following:

•

A document issued by a federal, state, county, or municipal government, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, physical description, and picture of the person;

•

A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person; or

•

A valid passport issued by the United States or by a foreign government.

Retail means any activity involving the retail sale of cannabis or cannabis products from a cannabis retail facility for both adult-use and medicinal cannabis customers.

(b)

General provisions. This section applies to all cannabis retail facilities, as defined in this Code.

(1)

All cannabis retail facilities shall operate in compliance with this Code and all other applicable state and local laws.

(2)

Cannabis retail facilities shall only be allowed in the Light Manufacturing/Business Zoning Designation (MBL) with a valid business license, approved conditional use permit and commercial cannabis regulatory permit pursuant to Section 9-5.128 of the code.

(3)

The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit and regulatory permit from the City of Coalinga to operate a cannabis retail facility within the jurisdiction of the City.

(4)

Cannabis retail facilities shall at all times be operated in such a way as to ensure the safety of its customers and employees; to ensure the security of the cannabis; and to safeguard against the diversion of cannabis.

(c)

Permitting.

(1)

Any cannabis retail facility must obtain a commercial cannabis regulatory permit from the City of Coalinga through the process stated in Section 9-5.128(e) et seq. of this code.

(2)

A property owner need not be permitted, and permits shall be held by an applicant. Permittees must also obtain a conditional use permit pursuant to Section 9-5.128(f) If an existing permitted retail facility seeks a consumption lounges or café, an amended CUP must be approved to permit such activity.

(3)

All employees of the cannabis retail facility must obtain an employee permit to work in the cannabis retail facility within the City of Coalinga pursuant to Section 9-5.128 et seq. of this Code.

(4)

Applicants must also comply with all other state laws and regulations related to cannabis retail facility operations at all times and shall comply with any amendments to this code or State law or regulations.

(5)

No more than two (2) regulatory permits shall be issued City wide. Nothing herein shall require the City to issue the maximum number of permits allowed by this section.

(d)

Minimum operating requirements and restrictions. In addition to all other state laws and regulations, cannabis retail facilities shall comply with all of the following operating standards including Section 9-5.128(d) subsections (1), (2), (8), (11), (14), (15), (16), ((17)a., b., d.), (20) and (21):

(1)

Cannabis retail facilities may not be operated by any persons who have been convicted of a felony in the last five (5) years or a prescribed by law.

(2)

No dispensing of cannabis to a customer shall be permitted more than twice a day.

(3)

Hours: The hours of operation of cannabis retail facilities shall be no earlier than 6:00 a.m. and no later than 9:00 p.m. unless approved for different hours under an approved CUP and prescribed by state law.

(4)

Cannabis retail facilities shall display their customer rules and/or regulations in a conspicuous place that is readily seen by all persons entering the cannabis retail facility.

(5)

Unless operating as a consumption lounge, smoking, ingesting or otherwise consuming cannabis products on the premises of a cannabis retail facility is prohibited. Each building entrance to a cannabis retail facility shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming cannabis or cannabis edibles on the premises or in the vicinity of the retail facility is prohibited.

(6)

Each building entrance to a cannabis retail facility shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian. In order to protect the public health, safety and welfare, the Police Chief may require alternative or secondary entrance for a consumption lounge/café.

(7)

All cannabis retail facilities shall display a copy of the inspection receipt issued by the Fresno County Office of Weights and Measures Division for all weighing and measuring devices.

(8)

An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the retail facility available for inspection on demand of the City.

(9)

Location from sensitive uses.

a.

A retail premises/facility permitted under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued.

b.

A retail premises/facility shall not be located within 100 feet of a residential district.

c.

The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.

(10)

Cannabis retail facilities shall maintain all necessary permits, and pay all required taxes and fees. Retail facilities shall also provide invoices to vendors to ensure vendor's tax liability responsibility.

(11)

Cannabis retail facilities shall implement their policies and procedures as outlined in their Operations Manual. Cannabis retail facilities shall comply with any and all conditions of their conditional use permit and regulatory permit.

(12)

Parking: Off-street parking shall be provided as required for food and beverage retail sales under Section 9-4.302 of this Code. All required parking shall be off-street and on-site unless located in the plaza on 5th Street between Cedar and Elm Ave and on Durian Between 4th and 6th Street. This requirement applies to existing and new facilities.

(13)

Facility size: The cannabis retail facility size shall be limited to 10,000 square feet.

(14)

Signage. One attached sign per street frontage shall not to exceed twelve (12) square feet in area or twenty (20) percent of the window area of the retail facility, whichever is less, is permitted unless a larger sign is permitted under a conditional use permit not exceeding that of the Downtown Overlay District. A detached sign is not permitted.

a.

All retail facilities shall display on their wall sign or identification sign, the name and emergency contact phone number of the operator or manager in letters at least two (2) inches in height.

b.

Retail facilities shall post a legible indoor sign in a conspicuous location containing the following warnings:

1.

That the use of cannabis is for persons at least twenty-one (21) years of age, or an age younger as prescribed by law;

2.

That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery; and

3.

That loitering on and around a retail site is prohibited by California Penal Code Section 647(e).

(e)

Cannabis goods display. The following applies to the display of goods at a cannabis retail facility:

(1)

The display of cannabis goods for sale shall only occur in the retail area during the operating hours of the licensed cannabis retail facility.

(2)

The licensee shall not display any cannabis goods in areas outside the retail area.

(3)

Cannabis goods on display shall not be readily accessible to customers.

(4)

The amount of cannabis goods that are displayed shall not exceed the average amount of cannabis goods the licensed cannabis retail facility sells during an average one-day period. The remainder of the licensee's inventory of cannabis goods shall be stored in a safe or vault as required by state law or police chief, whichever is more restrictive at the time.

(5)

Cannabis goods may be removed from their packaging and placed in containers to allow for customer inspection. The containers shall not be readily accessible to customers without assistance of cannabis retail facility personnel. A container must be provided to the customer by the licensee or employee, who shall remain with the customer at all times that the container is being inspected by the customer.

(6)

Cannabis goods removed from their packaging for display shall not be sold, shall not be consumed, and shall be destroyed when the goods are no longer used for display.

(f)

Cannabis goods for sale. A licensed cannabis retail facility shall not make any cannabis goods available for sale or delivery to a customer unless:

(1)

The cannabis goods were received from a licensed distributor and delivered to the cannabis retail facility by a licensed distributor.

(2)

The licensed cannabis retail facility has verified that the cannabis goods have not exceeded their expiration or sell-by date if one is provided.

(3)

A licensed cannabis retail facility shall not provide free samples of cannabis goods to any person.

(4)

A licensed cannabis retail facility shall not allow representatives of other companies or organizations to provide free samples of cannabis goods to individuals on the licensed cannabis retail facility premises.

(g)

Daily limits. This shall establish the daily limits of cannabis being sold to a single customer.

(1)

A licensee shall not sell more than eight (8) ounces of cannabis in a single day to a single cannabis customer or as allowed by state law.

(2)

If a cannabis customer has a physician's recommendation that eight (8) ounces of cannabis in a single day does not meet the cannabis customer's needs, the cannabis customer may purchase an amount of cannabis consistent with the customer's needs as recommended by a physician.

(h)

Cannabis goods returned by customers. For the purposes of this section, a customer return means a return of cannabis goods that were purchased from a cannabis retail facility back to the cannabis retail facility the cannabis goods were purchased from.

(1)

A licensed cannabis retail facility may accept customer returns of cannabis goods that were previously sold to the customer returning the cannabis goods.

(2)

A licensed cannabis retail facility shall destroy all cannabis goods that have been returned to a cannabis retail facility and shall not resell said product or goods.

(i)

Site security.

(1)

Cannabis retail facilities must comply with the security requirements established by the council from time to time by resolution.

(j)

Premises.

(1)

Subletting of premises. A licensed cannabis retail facility shall not sublet any portion of the licensed premises of the cannabis retail facility.

(2)

Limited access areas. This section establishes the regulations within limited access areas of a cannabis retail facility.

a.

A licensed cannabis retail facility shall only permit authorized individuals to enter the cannabis retail facility limited access areas.

b.

Authorized individuals include individuals employed by the licensed cannabis retail facility as well as any outside vendors, contractors, or other individuals who have a bona fide business reason for entering the cannabis retail facility limited-access area.

c.

An individual who is not an authorized individual for purposes of entering the cannabis retail facility limited-access areas shall not enter the cannabis retail facility limited access area at any time for any reason.

d.

An individual in the cannabis retail facility limited-access area who is not employed by the licensed cannabis retail facility shall be escorted by individuals employed by the licensee at all times within the cannabis retail facility limited-access area.

e.

An individual who enters the cannabis retail facility limited-access areas shall be at least twenty-one (21) years of age.

f.

The licensed cannabis retail facility shall maintain a log of all authorized individuals who are not employees of the cannabis retail facility that enter the cannabis retail facility limited-access area. These logs shall be made available to the city upon request.

g.

A licensed cannabis retail facility shall not receive consideration or compensation for permitting an individual to enter the cannabis retail facility limited-access area.

(k)

Permit revocation and transfer of a conditional use permit and regulatory permit.

(1)

A conditional use permit shall be revoked or modified according to Section 9-6.114. Permit revocation or modification shall be sought for non-compliance with one or more of the requirements listed in this code, by state law, or regulation.

(2)

Conditional use permits and regulatory permits to operate a cannabis retail facility may not be transferred.

(3)

The City Council may suspend or revoke the regulatory permit for a cannabis retail facility in accordance with Section 9-5.128(o)(1).

(l)

Deliveries. The following rules apply to delivers for a cannabis retail facility:

(1)

All deliveries of cannabis goods must be performed by a delivery employee of a licensed cannabis retail facility.

(2)

Each delivery employee of a licensed cannabis retail facility shall be at least twenty-one (21) years of age.

(3)

A licensed cannabis retail facility shall not use the services of an independent contractor or courier service to deliver cannabis goods.

(4)

All deliveries of cannabis goods shall be made physically to a customer; no drop-offs are allowed. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle.

(5)

A delivery employee begins the process of delivering when the delivery employee leaves the cannabis retail facility premises with the cannabis goods for delivery. The process of delivering ends when the delivery employee returns to the licensed cannabis retail facility premises after delivering the cannabis goods to the customer.

(6)

A delivery employee of a licensed cannabis retail facility shall, during deliveries, carry a copy of the cannabis retail facility's current permit, the employee's government-issued identification, and an employer provided badge containing a picture and the name of the delivery employee.

(7)

A licensed cannabis retail facility shall maintain an accurate list of the cannabis retail facility's delivery employees.

(8)

A licensed cannabis retail facility may only deliver cannabis goods to a physical address in California.

(9)

A licensed cannabis retail facility delivery employee shall not leave the State of California while possessing cannabis goods.

(10)

A licensed cannabis retail facility shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.

(11)

Methods of delivery.

a.

A delivery employee of a licensed cannabis retail facility, carrying cannabis goods for delivery, shall only travel in an enclosed motor vehicle operated by the delivery employee or another delivery employee of the licensee.

b.

While carrying cannabis goods for delivery, a delivery employee of a licensed cannabis retail facility shall ensure the cannabis goods are not visible to the public.

c.

A delivery employee of a licensed cannabis retail facility shall not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is equipped with an active vehicle alarm system.

d.

A vehicle used for the delivery of cannabis goods shall be outfitted with a dedicated global positioning system (GPS) device for identifying the geographic location of the delivery vehicle. A dedicated GPS device does not include a phone or tablet. The device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside of the delivery vehicle at all times during delivery. At all times, the licensed cannabis retail facility shall be able to identify the geographic location of all delivery vehicles that are making deliveries for the cannabis retail facility and shall provide that information to the City of Coalinga upon request.

e.

Upon request, a licensed cannabis retail facility shall provide the City of Coalinga with information regarding any motor vehicles used for the delivery of cannabis goods, including the vehicle's make, model, color, vehicle identification number, and license plate number.

f.

Any motor vehicle used by a licensed cannabis retail facility to deliver cannabis goods is subject to inspection by the City. Vehicles used to deliver cannabis goods may be stopped and inspected by the City of Coalinga at any licensed premises or during delivery.

(12)

Delivery hours of operation.

a.

A licensed cannabis retail facility shall only deliver cannabis goods to customers starting at 6:00 a.m. and must be completed by 9:00 p.m. Pacific Time.

(13)

Cannabis goods carried during delivery.

a.

While making deliveries, a delivery employee of a licensed cannabis retail facility shall not carry cannabis goods in excess of three thousand dollars ($3,000.00), or as provided by state law or regulation, whichever is lower, at any time. This value shall be determined using the retail price of all cannabis goods carried by the delivery employee.

(14)

Cannabis consumption during delivery.

a.

Delivery employees of a licensed cannabis retail facility shall not consume cannabis goods while delivering cannabis goods to cannabis customers.

(15)

Delivery receipt.

a.

A licensed cannabis retail facility shall prepare a delivery receipt for each delivery of cannabis goods.

b.

The delivery receipt shall contain the following:

1.

The name and address of the permitted cannabis retail facility.

2.

The name of the delivery employee of the permitted cannabis retail facility who delivered the order.

3.

The name of the permitted cannabis retail facility employee who prepared the order for delivery.

4.

A customer name and unique identification number for the customer who is requesting the delivery.

5.

The date and time the delivery request was made.

6.

The delivery address.

7.

A detailed description of all cannabis goods requested for delivery. The description shall include the weight, volume, or any other accurate measure of the amount of any cannabis goods requested.

8.

The total amount paid for the delivery, including any taxes and fees.

c.

Upon delivery, the date and time the delivery was made, and the signature of the cannabis customer who received the delivery.

d.

At the time of the delivery, the delivery employee of the permitted cannabis retail facility shall provide the cannabis customer, who placed the order a copy of the delivery receipt. The delivery employee shall retain a signed copy of the delivery receipt for the cannabis retail facility's records.

e.

The delivery receipt shall comply with state and federal law regarding the protection of confidential information.

(16)

Delivery route.

a.

While making deliveries of cannabis goods, a delivery employee of a permitted cannabis retail facility shall only travel from the permitted cannabis retail facility premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the permitted cannabis retail facility premises. A delivery employee of a permitted cannabis retail facility shall not deviate from the delivery path described in this section, except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route unsafe, impossible, or impracticable.

(m)

Consumption lounge/café.

(1)

Consumption lounge/cafe shall be permitted with a valid conditional use permit and cannabis retail permit issued by the City of Coalinga and State of California with a specified consumption cafe/lounge designation unless at any time the State of California adopts regulations requiring a specific/separate license for a consumption café/lounge.

(2)

A consumption cafe/lounge shall not be allowed to operate and sell cannabis, cannabis products, and non-cannabis products between the hours of 2:00 a.m. and 6:00 a.m.

(3)

A consumption cafe/lounge shall only sell cannabis to an individual in an amount reasonable for onsite consumption.

(4)

Cannabis and cannabis products purchased onsite may be removed from their packaging and consumed onsite.

(5)

Cannabis and cannabis products not fully consumed onsite may be resealed in their original packaging, placed in opaque packaging, and taken off site by the consumer.

(6)

Noncannabis products, such as food and beverages, may be prepared and sold onsite.

(7)

A consumption cafe/lounge shall comply with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code) when preparing and selling non-cannabis food and beverage products.

(8)

A consumption cafe/lounge shall not sell live plants or seeds.

(9)

A consumption cafe/lounge shall not allow the sale or consumption of alcohol or tobacco on the premises.

(10)

Smoking, vaping, or ingestion of cannabis or cannabis products shall not be visible from any public place or nonage-restricted area.

(Ord. No. 804, § 5, eff. 2-3-2018; Ord. No. 840, §§ 3, 4, eff. 8-15-2020)

(a)

Only sidewalk vendors with a valid sidewalk vending permit issued by the Finance Department may vend upon the city's public right-of-way. To apply for a sidewalk vending permit, the applicant must submit an application containing the following information:

(1)

Their name and mailing address;

(2)

Description of the merchandise offered for sale or exchange;

(3)

If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and

(4)

Certification that the information is true to his or her knowledge and belief.

(5)

A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).

(6)

A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

(7)

A copy of a valid Mobile Food Permit issued by the Fresno County Department of Public Health, as required.

(8)

The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Coalinga Municipal Code.

(9)

Payment of a business license fee established by resolution by the City Council and not to exceed the cost of a general business license application.

(b)

Permit exemption. The following persons, entities or activities are exempt from the permit requirement of this chapter:

(1)

Any vendor or person engaged solely in artistic performances, free speech and/or petitioning activities;

(2)

Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations, lemonade stands, and agencies of any federal, state or local governments;

(3)

Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities;

(4)

Community organizations/events not otherwise regulated by the Coalinga Municipal Code, upon approval of the City Manager or designee;

(5)

Businesses and trades that are exempt from licensing and tax regulations under federal and state statutes;

(6)

Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively.

(c)

General regulations.

(1)

To maintain accessibility path of travel standards as prescribed by state and federal law.

(2)

To prevent dangerous distractions and promote the general welfare of the city's residents, sidewalk vendors shall not emit any loud, unnecessary and unusual noises beyond that of a typical use in the surrounding area.

(3)

A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

(4)

No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from 10:00 p.m. to 8:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

(5)

To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

(6)

To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than five (5) percent.

(d)

Specific regulations.

(1)

Sidewalk vending hours limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours.

(2)

Roaming sidewalk vendors are limited from dawn until dusk in areas that are zoned exclusively residential. Stationary sidewalk vendors are strictly prohibited in areas zoned exclusively residential.

(3)

A sidewalk vendor is prohibited from operating within five-hundred (500) feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a temporary use permit for the duration of the permit.

(e)

Violation penalty.

(1)

If a permitted street vendor is in violation of any provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

a.

One hundred dollars ($100.00) for a first violation; or

b.

Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or

c.

Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

(2)

Any person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

a.

Two hundred fifty dollars ($250.00) for a first violation; or

b.

Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or

c.

One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation.

d.

Upon proof of a valid permit issued by the City, the administrative fine in Section 9-5.130(e)(2) will be reduced to the corresponding administrative fine in Section 9-5.130(e)(1).

(3)

The city may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

(4)

Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator's real or personal property, including the vehicle used for vending purposes.

(5)

An administrative violation constitutes a separate and distinct violation for each day that it exist and each such violation may be subject to the maximum fine permitted under this chapter.

(f)

Ability to pay determination.

(1)

Any fine issued under this section will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

(2)

If the requestor is receiving public benefits under Government Code Section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (125) percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the City will limit the total amount of the requestor's administrative fine to twenty (20) percent of the total.

(Ord. No. 827, § 5, eff. 5-4-2019)