Hanford City Zoning Code
CHAPTER 17
50 DEVELOPMENT STANDARDS
§ 17.50.010 Purpose and applicability.
The purpose of this chapter is to establish development standards in order to preserve, protect, and promote the public health, safety, and general welfare of the City, and to minimize environmental impacts and land use conflicts.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.020 Applicability.
This chapter shall apply to uses within all zone districts, unless specifically stated otherwise.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.025 Nuisance.
Nuisance conditions caused by noise, odor, dust, mud, smoke, steam, vibration, light or other similar causes are prohibited.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.030 Waste materials.
Waste materials that are associated with any use that cause fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.040 Air pollution.
No use shall cause the emission of any smoke, ash, dust, fumes, vapors, gases or other forms of air pollution exceeding regulatory limits that, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District or the requirements of any air quality plan adopted by the City of Hanford.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.050 Odorous gases and matter.
No use shall be permitted which emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.060 Discharge of materials.
No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, state or local government agency.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.070 Ground vibration.
No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.080 Combustibles and explosives.
The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.090 Trash collection areas.
A.
Suitable area shall be provided on site for collection of trash and recyclable materials for all multifamily residential, mixed-use, commercial, office, and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the City Engineer.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.100 Rooftop equipment.
All elevator housing and mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.110 Fences and walls.
A.
No fence or wall shall be placed within the public right-of-way.
B.
A masonry fence exceeding three feet in height shall require engineered footings and a building permit. All other fencing exceeding seven feet in height shall require engineered post footings and a building permit.
C.
No hedge, shrub, fence, or wall exceeding the three feet in height, or four feet in height if the upper one foot is 50 percent or more open shall be planted, placed, or maintained within the 25 feet corner sight triangle of a corner lot, or along a front or street side property line where the hedge, shrub, fence, or wall creates a traffic or pedestrian hazard as determined by the Community Development Director.
D.
The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state, or any agency thereof.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.120 Fence and wall locations in residential, office, and public facilities zones.
Fences and walls in the R-L, R-M, R-H, OR, O and PF zone districts shall be constructed or installed in accordance with the following:
A.
Along a rear lot line not exceeding seven feet in height;
B.
Along an interior side lot line not exceeding seven feet in height beginning at 10 feet from the front lot line;
C.
On a corner lot along the street side lot line not exceeding seven feet in height beginning at 25 feet from the front lot line. On a reverse corner lot, the fence or wall is to be set back from the street side lot line five feet. On a reverse corner lot, the rear lot line fence is not to extend beyond the five foot street side building setback area;
D.
On a corner lot when a residence is constructed with its front access facing the street side lot line of a corner lot, a six foot high fence is to be placed 10 feet behind the front property line. The street corner 45 degree angle line of sight is to be maintained as described in subsection H below. When the front of the house fronts the street side lot line a fence exceeding three or four feet in height as described in subsection E and F below is to be set back 10 feet from the street side lot line;
E.
Along a front lot line not exceeding three feet in height;
F.
Along a front lot line not exceeding four feet in height when the upper one foot is 50 percent or more open;
G.
Along a front lot line an open chain link fence up to seven feet in height may be located in conjunction with a public or quasi-public playground or park use;
H.
A six-foot fence or wall may be located in a front building setback area when set back 10 feet from the front lot line. Except in the case of a corner lot, the fence wall shall begin a 45 degree angle at a point 25 feet from the front lot line located on the street side lot line.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.125 Temporary fences.
The use of temporary fences is allowed subject to the following requirements:
A.
A temporary fence shall be constructed of chain link or other such material approved by the Community Development Director and shall not be permanently affixed to the site.
B.
A temporary fence shall be located on the site in such a manner as not to impede pedestrian or automobile traffic adjacent to the site.
C.
A temporary fence placed to secure a construction, rehabilitation or demolition project on the site shall be removed when the project is completed.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.130 Tents, tarps, and other coverings.
No front or side building setback area in the R-L, R-M, OR, or O zone district shall be covered by tents, tarps, cloth, fabric, or a wood or metal covering or structure except for the following:
A.
Standard window and door awnings.
B.
Ornamental covers, such as a sidewalk or entry awning trellis, or other similar improvement intended as an improved passageway or for aesthetic purposes providing architectural integrity with the building to which it is attached. Supports shall be 90% open and shall not be enclosed.
C.
Tarps for roof and building repairs shall be prohibited, except for emergency repairs. Additionally, the use of tarps for temporary canopies, enclosures, and/or awnings is prohibited in any front yard area visible from any public right-of-way.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.140 Outdoor lighting standards.
A.
Purpose. The purpose of this section is to establish standards for the types, construction, installation and use of outdoor electrically powered illuminating devices and systems in order to conserve energy, preserve the natural environment, and provide nighttime safety and security, while not materially interfering with the use and enjoyment of property.
B. "Automatic timing device" "Canopy light fixture" "Direct illumination" "Fully shielded fixture" "Light glare" "Light trespass" "Lumen" "Luminous tube lighting" "Outdoor light fixture" "Temporary lighting" "Unshielded"
Definitions. For purposes of this section, unless otherwise defined, the following words and phrases when used in this section shall have the following meaning:
means device which automatically turns on and off outdoor light fixtures or circuits.
means an outdoor lighting fixture attached to or recessed within a canopy ceiling.
means illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.
means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. A light fixture mounted under a canopy or other structure such that the canopy or surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this definition.
means the reflections of light sources which reduce the contrast between detail and background within the visual area.
means any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance.
means that unit used to measure the actual amount of light which is produced by an outdoor light fixture.
means gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.
means an electrically powered illuminating device which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, structure, or sign.
means lighting which does not conform to the provisions of this section and which will not be used for more than one continuous 30 day period within one calendar year. Temporary lighting is intended for uses, which by their nature are of limited duration; e.g. holiday decorations, civic events, special events, construction projects, emergencies or similar situations. The 30 day time limitations may be extended by the City on a case-by-case basis for unusual or special circumstances.
means fixtures lacking any means to restrict the emitted light to below the horizontal plane.
C.
Exemptions. The outdoor lighting fixtures listed below are exempt from the provisions of this section:
1.
Outdoor lighting fixtures which were lawfully installed prior to the enactment of these standards and do not create a nuisance.
2.
Luminous tube lighting. Gas-filled tubing e.g., neon, argon, etc.
4.
Public outdoor recreational facilities, airport, roadway and navigation lighting installed and maintained by a public agency or public utility.
5.
Outdoor light fixtures producing light by the combustion of fossil fuels, such as liquid fuel lanterns or gas lamps.
6.
Low voltage holiday decorations and landscape/walkway lighting.
7.
Ornamental lighting within the street right-of-way when approved by the City.
8.
Lights emitting infrared radiation used for remote security surveillance systems.
9.
Emergency Lighting by Emergency Services. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, or utility personnel or at their direction.
10.
Solar-Powered Lighting. Solar-powered lights of five watts or less per fixture used in residential landscaping applications and to illuminate walkways are exempt from applicable lamp type and shielding standards and are excluded from the total lumen calculations for the site.
D.
General Outdoor Lighting Standards. The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures.
1.
All lights and light fixtures, except public street lights, shall be located, aimed or shielded so as to minimize light trespassing across property boundaries or skyward.
2.
No lights or light fixtures shall flash, revolve, blink or otherwise resemble a traffic control signal or operate in such a fashion to create a hazard for passing traffic.
3.
Building mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.
4.
Canopy ceiling light fixtures shall be recessed or the sides of the lens area shall be shielded in order to eliminate emission of horizontal light.
5.
The height of freestanding light fixtures including freestanding parking lot fixtures shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture and shall not exceed the following:
a.
Eighteen feet in height, when located within 50 feet of any residential zone district; and
b.
Twenty-five feet in height when located within 51 to 150 feet of any residential zone district; and
c.
Thirty feet in height when located more than 150 feet from any residential zone district; and
d.
Fifty feet in height when located in the C-R Regional Commercial zone or freestanding light fixtures for public outdoor recreational facilities, when not located within 150 feet of any residential zone.
E.
Specific Outdoor Lighting Standards. In addition to the general outdoor lighting standards stated in subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the R-L, R-M, R-H, and OR zone districts:
1.
Mercury vapor lamps shall be a fully shielded fixture with all light directed on site.
2.
Freestanding light fixtures, including freestanding parking lot light fixtures, shall not exceed 18 feet in height measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.
F.
Commercial Outdoor Lighting Standards. In addition to the requirements identified in subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the O, PF, and all commercial and mixed use zone districts:
1.
All outdoor fixture lighting shall be a fully shielded fixture and focused to minimize light trespass and glare.
2.
Outdoor lighting fixtures shall be turned off after close-of-business unless needed for safety or security, in which case the lighting shall be activated by motion sensor devices. Illuminated signs and parking lot lighting are excluded from this requirement.
3.
Lighting for signs, recreational facilities and decorative effects for building and landscape shall be fully shielded fixtures equipped with automatic timing devices and focused to minimize light glare and light trespass.
G.
Submission of Plans and Evidence. For parking lots and commercial developments, the submission of lighting plans and evidence of compliance with these lighting requirements are required, and shall include the following:
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.150 Through lots.
A front yard shall be provided on each frontage of a through lot, except where a waiver of access to one of the frontages applies.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.160 Measurement of building setback areas.
A.
Required building setback areas shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the City Council, the required front building setback area shall be measured from the precise street plan line, and no provision of this title shall be construed to permit a structure, use, or other improvement to extend beyond such precise plan line.
B.
Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.
C.
Where a site abuts a public alley, required building setback areas shall be measured from the center line of the alley, except that garages and carports with alley access shall be located a minimum of 25 feet from the opposite side of the alley where access opening is parallel to the alley right-of-way line requiring a 90 degree turn.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.170 Exceptions in building setback area limitations.
A.
Architectural features, including without limitation, sills, chimneys, fireplaces, cornices and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than 36 inches, and may extend into a required front building setback area not more than six feet; provided, that where an architectural feature extends more than 24 inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way, except awnings in the MX-D Downtown Mixed Use Zone District, or in the Historic District, with approval of a Historic Resources Permit.
B.
Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; and planter boxes attached to a building may be extended into a required front building setback area by not more than three feet.
C.
Fences, walls, hedges, garden structures, walks, driveways and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.
D.
When more than 60% of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for newly constructed residential buildings in such block shall be the average of the actual front building setback of all the lots in such block improved with residential buildings; counting those that have front building setbacks greater than the minimum front building setback requirement of the zone district as having the minimum requirement.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.180 Measurement of height.
The height of a structure shall be measured vertically from the average elevation of the ground surface covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.190 Exceptions to height limitations.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment, or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures may be erected above the height limit, but shall not be allowed for the purpose of providing additional floor space.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.200 Property maintenance.
It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:
A.
The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:
1.
The California Building Standards Code, California Code of Regulations, Title 24, any and all amendments, thereto, published by the California Building Standards Commission;
2.
Any provision of the Hanford Municipal Code;
3.
Any other law or regulation.
B.
Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting on any alley, street, or other public right-of-way;
C.
The parking of vehicles in yards or landscaped areas;
D.
Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties;
E.
Broken windows or other structural defects in the real property or any structures or improvements thereon which create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards;
F.
Clothes lines within front yard areas, or other unscreened/unfenced yard areas;
G.
Garbage cans and garbage receptacles stored within the front yards and which are visible from the public street or neighboring properties. Except that, the Code Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Code Enforcement Officer makes such a determination, the Code Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties;
H.
Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which create an unsightly appearance;
I.
Failure to maintain required landscaping and trees and/or removal, destruction or severe pruning of required landscaping or trees;
J.
Installation of newspaper/magazine racks, overnight/postal drop boxes or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the City and/or failure to properly maintain said items;
K.
Conditions that create a fire hazard, endanger human life, or are hazards to public health, safety or general welfare of the citizens of the City, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Code Enforcement Officer;
L.
Failure to address graffiti for longer than 48 hours from the time that graffiti is placed on a surface;
M.
Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, trailers, and any commercial vehicle over 22 feet long or 8 feet in height or 90 inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. "Commercial vehicle," for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation;
N.
Portable basketball hoops placed, stored, or left unattended on a public sidewalk, public street, or any portion of the City right-of-way;
O.
Failure to satisfy the following requirement for address numbers: Approved numbers or address signage shall be placed and maintained on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and shall not be less than four inches in height. House numbers shall not be obstructed in any fashion.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.50.210 Housing density bonus and other incentives.
A.
The purpose and intent of this section is to implement Chapter 4.3 Density Bonuses and Other Incentives, Section 65915, et seq., of the California Government Code, as amended, for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.
B.
This section shall apply to residential projects providing moderate, low and very low income housing and/or senior housing developments pursuant to the provisions and definitions of Chapter 4.3, Section 65915, et seq., of the California Government Code, as amended. Should provisions of this chapter conflict with state law, the latter shall control.
C.
Projects which meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the City Council adopts a written finding, based upon substantial evidence that any one of the following exists:
1.
The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c); or
2.
The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
3.
The disapproval of the project or imposition of conditions is required in order to comply with specific state or federal law and there is no feasible method to comply without rendering the development unaffordable to very low and low-income households; or
4.
The development project is inconsistent with the City's General Plan land use designation as it existed on the date the application was deemed complete, and the City has adopted a housing element in compliance with state law.
D.
Project financial report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the City may retain a consultant, at developer's sole cost, to review the project financial report and advise the City on the report. Where development and zoning standards exist which would otherwise inhibit the utilization of the density bonus on specific sites, the City may waive or modify the standards consistent with the provisions of this section.
E.
Procedures.
1.
Density Bonus/Incentives Review. Density bonus/incentive review by the Planning Commission shall only be required for projects involving Planning Commission approval. If no legislative entitlement is required, the community development department staff shall have final approval authority on density bonus and incentives. Appeals of a Planning Commission decision must be in accordance with Chapter 17.70 of the Hanford Municipal Code. If a rezone or General Plan amendment is part of the project, the Planning Commission shall make a recommendation on the density bonus and incentives requested, but the City Council shall have final approval authority as part of the total project. Any special conditions of the City zoning ordinance pertaining to the project, and/or applicable development standards of the Historic District or Sites shall also apply.
2.
Regulatory Agreement. The City and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, state law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Kings County recorder's office running with the land and be binding upon all future owners, developers, and/or successors-in-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or, where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall, in addition to any provisions required by statute, include at least the following:
a.
The total number of units approved for the housing development, including the number of target units;
b.
A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing costs;
c.
The location, unit sizes, in square feet, and number of bedrooms of target units;
d.
Tenure of use restrictions for target units of at least 45 or 55 years, in compliance with applicable laws;
e.
A schedule for completion and occupancy of target units;
f.
A description of the additional incentive(s) being provided by the City;
g.
A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project; and
h.
Other provisions to ensure implementation and compliance with this section.
3.
Additional Conditions. In addition, reasonable conditions may be imposed to assure continued availability of such housing as very low, low or moderate income housing, or, for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.
4.
Rented units shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for target-income households for the county adjusted for household size.
5.
Subject to the terms of an equity-sharing agreement, owner-occupied units shall be sold and resold only to eligible target-income households.
6.
The owner(s) shall maintain and keep on file documentation for the income level for each tenant occupying the target units.
7.
The owner(s) shall provide the City any additional information required by the City to ensure the long-term affordability of the target units by eligible households.
8.
The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.
9.
The City may establish fees associated with the setting up and monitoring of target units.
10.
All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)