Hanford City Zoning Code
CHAPTER 17
60 SPECIFIC LAND USE STANDARDS
§ 17.60.010 Purpose.
This section requires certain development and operational standards for specific land uses within the City to preserve, protect and promote the public health and safety and to promote orderly growth and aesthetically pleasing urban development.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.020 Applicability.
Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.030 Accessory dwelling units and junior accessory dwelling units.
This section is intended to meet the requirements of Government Code Section 66310 et seq. in providing for the ministerial approval of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs") within the City of Hanford. The standards established by this section shall be interpreted and applied in conformity with the standards set forth in Government Code Section 66310 et seq., as either may be amended from time to time. Except as specifically set forth herein and in state law, ADUs and JADUs regulated pursuant to this chapter shall meet all of the objective requirements of the zone district in which they are located and all Fire and Building Code requirements. To the extent there is a conflict between the provisions of this section and the then-current provisions of Government Code Section 66310 et seq., the provisions of Government Code Section 66310 et seq. shall apply.
A.
Accessory Dwelling Units.
1.
Designated Areas.
a.
ADUs are permitted on lots that are zoned to allow single-family or multifamily dwelling residential use and include a proposed or existing primary dwelling. An ADU may not be constructed unless a primary residence exists or will be constructed in conjunction with the ADU.
b.
ADUs are not permitted in zone districts where residential uses are not allowed. For purposes of this section, mixed-use zones shall be treated as residential zone districts; provided however, ADUs may not be established in non-livable spaces of the nonresidential portions of mixed-use developments.
2.
Types of ADUs.
a.
An ADU on a site with a single-family or multifamily dwelling may be either:
i.
Attached to the proposed or existing primary dwelling, with an exterior entrance separate from the primary dwelling;
ii.
Located within the proposed or existing primary dwelling as converted space, including attached garages, storage areas, or similar uses, or an accessory structure; or
iii.
Detached from the proposed or existing primary dwelling, including detached garages.
b.
Notwithstanding other requirements of this section, any of the following shall be ministerially approved and not be subject to other specified zoning standards of this section including lot coverage, setbacks, and unit sizes, but must meet building code and health and safety requirements:
i.
One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
(A)
The ADU is within the proposed space of the single-family dwelling or existing space of the single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodate ingress and egress;
(B)
The space has exterior access from the proposed or existing single-family dwelling;
(C)
The side and rear setbacks are sufficient for fire and safety; and
(D)
The JADU complies with the requirements of Section 17.60.030(B).
ii.
One detached, new construction ADU that does not exceed four foot side and rear yard setbacks, a total floor area of not more than 800 square feet, and a height as provided in Section 17.60.030(A)(6) for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU.
iii.
Multiple ADUs within the 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, if each unit complies with state building standards for dwellings. At least one ADU within an existing multifamily dwelling shall be permitted, with the maximum number of ADUs limited to 25% of the existing multifamily dwelling units. All interior ADUs must be converted from non-livable space.
iv.
Not more than two detached ADUs with a proposed or existing multifamily dwelling, subject to a height as provided in Section 17.60.030(A)(6) and side and rear setbacks of no more than four feet.
3.
Number of Units.
a.
A minimum of one ADU shall be permitted per lot zoned to allow single-family or multifamily dwelling residential use with a proposed or existing primary dwelling. Additional units shall be permitted per lot only as stated in this section.
4.
Size Requirements.
a.
The minimum size shall be 150 square feet, permitted as an efficiency unit.
b.
Conversions of existing space have no maximum size limit. Any expansion, other than an expansion over 150 square feet to accommodate ingress and egress, is limited to the maximum size requirements as stated in Sections 17.60.030(A)(4)(c), (d), and (e).
c.
An attached ADU may not exceed either 50% of the living area of the primary dwelling or 850 square feet (1,000 square feet for an ADU with more than one bedroom), whichever is greater.
d.
A detached ADU shall not exceed 1,200 square feet, except as specified under Section 17.60.030(A)(2)(b).
e.
A structure containing an ADU shall be no larger than the primary residence on site. This shall not be required for the following:
5.
Building Setback Areas.
a.
All ADUs shall comply with the following setback requirements, unless any of the following are met:
i.
No setback or distance between structures is required for an ADU which meets the requirements of Section 17.60.030(A)(2)(b).
ii.
No setback is required for an ADU constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
iii.
Front setback and distance between detached structures requirements cannot preclude an ADU of at least 800 square feet with four foot side and rear yard setbacks.
iv.
The underlying zone district permits a lesser setback area.
b.
The side and rear setback areas shall be four feet from all side and rear lot lines.
c.
The front setback area shall comply with the requirements of the underlying zone district.
d.
The minimum distance between detached structures shall be 10 feet, except as provided by the California Building Standards Code.
6.
Height.
a.
The maximum structure height shall conform with the following:
i.
Sixteen feet for a detached ADU on a lot with a proposed or existing single-family or multifamily dwelling.
ii.
Eighteen feet for a detached ADU on a lot with a proposed or existing single-family or multifamily dwelling that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
iii.
Eighteen feet for a detached ADU on a lot with a proposed or existing multifamily, multistory dwelling.
iv.
Twenty-five feet or the height limitation in the underlying zone district to the primary residence, whichever is lower, for an ADU that is attached to a primary dwelling; provided however, this provision shall not allow an ADU that exceeds two stories.
7.
Parking.
a.
A maximum of one additional off-street parking space shall be provided per ADU or per bedroom in an ADU, whichever is less. Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible due to specific site or regional topographical or fire and life safety conditions. The parking requirement shall be waived in any of the following instances:
i.
The ADU is located within one-half mile walking distance of public transit.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is within the proposed or existing primary residence or an accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is a car share vehicle located within one block of the ADU.
vi.
When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any of the five preceding criteria identified in this subsection (A)(7).
8.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, such off-street parking spaces need not be replaced.
9.
For the purposes of this section, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings.
10.
These standards shall not include requirements for minimum lot size in order to establish an ADU.
11.
An ADU shall not be denied based on any maximum density requirement or standard.
12.
Any limits on lot coverage, floor area ratio, and open space for either attached or detached ADUs shall not preclude an ADU of at least 800 square feet with four foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
13.
A detached or attached ADU is encouraged to be located to the side or rear of the primary residence with doorway access to the side or rear of the site.
14.
ADUs and JADUs should be designed and constructed to blend with the primary residence and be architecturally similar to and consistent with the primary dwelling's design, construction, height, roofing, siding materials, and color.
15.
The correction of nonconforming zoning conditions shall not be required as a condition of approval for the creation of an ADU.
16.
Except as provided in Government Code Section 66341, an ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. This section shall not be interpreted to permit the separate conveyance of an ADU as a condominium as outlined in Government Code Section 66342.
17.
The rental of an ADU shall be for a term longer than 30 days.
18.
ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City's housing element of the adopted General Plan, as provided in Government Code Section 65583.1(a), and to address the City's share of the regional housing need, as provided in Government Code Section 65583.1(d).
B.
Junior Accessory Dwelling Units.
1.
One JADU shall be allowed per residential lot zoned for single-family residences with a proposed or existing single-family residence on site.
2.
A JADU must be constructed within the walls of the proposed or existing single-family dwelling. For purposes of this subsection, enclosed uses within the residence, including attached garages, are considered a part of the single-family residence.
3.
A JADU shall not exceed 500 square feet.
4.
A JADU shall not require additional parking or the correction of nonconforming zoning conditions as a condition of approval.
5.
A JADU shall include separate and permanent provisions for living, sleeping, eating, cooking and shall either have its own separate bathroom or may share a bathroom with the primary residence.
6.
A JADU shall have a separate entrance from the proposed or existing single-family residence. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
8.
Either the primary residence or the JADU shall be occupied by the owner of the property. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
9.
As a condition of approval for the creation of a JADU, the owner of the property at which the JADU is created shall record a deed restriction which includes both of the following:
a.
A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
b.
A restriction on the size and attributes set forth in Government Code Sections 66333 through 66339, as may be amended.
C.
For the purposes of this section, "primary dwelling" and "primary residence" mean a single-family dwelling or a multifamily dwelling residential building and exclude ADUs and JADUs.
D.
For the purposes of this section, "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.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.040 Bed and breakfast inns.
A.
Bed and breakfast inns shall be limited to a maximum six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than 14 consecutive nights;
B.
Food service at bed and breakfast inns shall be allowed for registered guests only, unless the use also qualifies as a restaurant.
C.
The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.050 Cottage food operations.
A.
Cottage foods operations operating in accordance with AB1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 17.78 prior to commencement of the use.
B.
Notwithstanding the provisions of Chapter 17.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.
C.
Notwithstanding the provisions of Chapter 17.78, a cottage food operation may sell food produced on-site directly to consumers at the site.
D.
A cottage food operation shall be conducted in the residence's existing kitchen.
E.
An approved home occupation permit shall not be effective until the appropriate permit is obtained from the Kings County Health Department and shall automatically expire and be null and void if County permit or approval expires, is disapproved, or is revoked.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.060 Day care centers.
A.
A loading and unloading area shall be provided to accommodate no less than two vehicles.
B.
The loading and unloading area shall be located within proximity to the main entrance. And shall not be located on the opposite side of a street from the day care center.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.070 Drive-thru pick-up windows.
A.
All uses with a drive-thru pick-up window shall meet the following standards:
1.
Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.
2.
Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.
3.
Drive-thru lanes shall be located a minimum of 50 feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings or decorative block walls.
4.
Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into the on-site parking aisles or public streets.
5.
Drive-thru lanes shall be shielded in a manner to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property, including through provision of a 36 inch masonry block wall.
6.
The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.
7.
Drive-thru lanes shall not be located adjacent to outdoor patio or eating areas.
8.
Drive-thru lanes shall not block or interfere with access to parking lot spaces, and shall function independent of parking lot aisles.
9.
Drive-thru lanes shall not extend onto adjoining property unless the owner of the drive-thru site property obtains a written easement or other irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use including, without limitations, the stacking of vehicles and the right to maintain, repair, replace and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to commencement of construction of improvements upon the drive-thru site property.
10.
A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length.
11.
A use with drive-thru lanes on each side of the store (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length.
12.
Speaker noise levels measured at the property line shall not exceed applicable City noise standards.
B.
In addition to the development standards for all uses with drive-thru pick-up windows and the development standards for restaurants with drive-thru pick-up windows, the following development standards are required for all uses with drive-thru pick-up windows in the Neighborhood Commercial zone district:
1.
Unless otherwise restricted by a conditional use permit issued in accordance with Chapter 17.80, hours of operation of the drive-thru use shall be limited to 6:30 a.m. and 10:00 p.m. on weekdays and weekends.
2.
All buildings and drive-thru lanes shall be located a minimum of 150 feet from residentially zoned property or property designated for residential uses pursuant to the General Plan.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.080 Garage or yard sales.
A.
The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-L, R-M, R-H, or OR zone district shall be limited to no more than two such sales per year. Commonly referred to as garage sales, such each sale shall be limited to two consecutive days and unsold possessions shall be removed from the public view and stored within the premises.
B.
Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the garage sale.
C.
The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including removal of all signs.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.090 Manufactured housing.
The provisions of this section shall apply to all manufactured homes not located in an approved mobilehome park:
A.
No manufactured home shall be installed that was manufactured more than 10 years from the date of application for a building permit for installation.
B.
All manufactured homes shall meet the following site or architectural standards:
1.
Garages and Carports. A minimum of a one-car garage or carport shall be provided for every manufactured house. The parking requirements of Chapter 17.54 shall also apply.
2.
Minimum Width and Floor Area. The width and floor area of a manufactured housing unit shall be the average of other residences in the zone district in which it is located.
3.
Roof Overhangs. All manufactured housing units and garages shall have a pitched roof with a minimum 16 inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
4.
Roofing Materials. All manufactured housing units and garages and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate or built-up asphaltic-gravel materials.
5.
Siding Materials. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
6.
Foundations. All manufactured housing units and garages and carports shall be placed on a permanent foundation which meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
7.
Utility Connections. The mobilehome electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the manufactured homes.
8.
Deviations. The community development department may approve deviations from one or more of the standards of this subsection on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.
C.
Surrender of Registration. Subsequent to applying for a building permit, and prior to the occupancy of a mobilehome or manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the State Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency shall be surrendered back to the issuing state agency. Any mobile/manufactured home on a permanent foundation shall bear a state insignia or federal label pursuant to Section 18550 of the State Health and Safety Code.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.095 Mini-warehouses or self-storage facilities.
A mini-warehouse or self-storage facility in the R-L-5 zone shall only be located on a parcel that has frontage on and adequate main access to an arterial or collector street.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.100 Mobilehome parks.
A.
With the exception of a mobilehome utilized as an accessory dwelling unit that satisfies the requirements of Section 17.60.090 above, no mobilehome shall be parked, occupied or used for any purposes, including, without limitation, living or sleeping purposes, unless the mobilehome is located within a licensed mobilehome park, except that a mobilehome may be used for the following temporary purposes outside of a mobilehome park: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 17.76.
B.
The site area standards for a mobilehome park shall be as follows:
1.
The minimum area of a mobilehome park shall be five acres. If the area of the mobilehome park is greater than five acres, the first phase of mobilehome park development shall not be less than five acres and shall include all required recreational and service amenities.
2.
The maximum density shall be eight mobilehome sites per gross acre.
3.
Each mobilehome site shall be not less than 3,000 square feet in area, including pad, parking, private access, landscaping and private storage area.
4.
No mobilehome site shall be less than 30 feet in width.
C.
The following clearance and setback area requirements shall apply to mobilehome parks. No mobilehome shall be located in any required building setback area, except that tow bars may extend into such setback area.
1.
The front and rear building setback areas for the site shall be a minimum of 20 feet.
2.
The side building setback areas for the site shall be a minimum of 10 feet.
3.
The front, rear, and interior side setback areas for a mobilehome site shall be a minimum of 10 feet.
4.
The street side setback areas (including driveways interior to the site) for a mobilehome site shall be a minimum of five feet.
D.
The following requirements for patios and pads shall apply to mobilehome parks.
1.
Each mobilehome site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted as a part of the required patio area.
2.
Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, are adequate to support the mobilehome on a level plane.
E.
The following requirements for parking shall apply to mobilehome parks.
1.
Not less than two off-street paved parking spaces shall be provided within each mobilehome site, one of which may be tandem to the other.
2.
Not less than one guest parking space shall be provided for each mobilehome site at a location central to each four contiguous mobilehome sites; provided, however, guest parking shall not be required for mobilehome sites along a mobilehome park collector street constructed to the width prescribed in subsection E of this section.
3.
Parking shall be provided for central recreation buildings, park offices, and other similar buildings at a ratio of one parking space for each 400 square feet of gross floor space.
4.
Supplemental parking for pleasure boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one parking space for each 10 mobilehome sites and shall be used only by the mobilehome park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.
F.
The following requirements for on-site streets shall apply to mobilehome parks.
1.
Entrance streets shall be located to assure safe access to and from the public street system.
2.
Minor streets within the mobilehome park shall be a minimum of 32 feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with City standards.
3.
Drainage along the street shall be constructed to provide adequate drainage. Construction of concrete curbs, gutters, and sidewalks shall be in accordance with City standards.
4.
Parallel parking shall be permitted on both sides of collector streets and on only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.
G.
Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with City standards.
H.
All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. A community television antenna and cable television with underground ducts and connections to each mobilehome site shall be provided.
I.
The following requirements for recreation areas and pedestrian ways shall apply to mobilehome parks.
1.
Common recreation areas in an aggregate total equal to 10 percent of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.
2.
Recreation areas shall be landscaped and maintained with all landscaped areas irrigated by an automatic underground sprinkler system.
3.
Pedestrian walkways shall be provided throughout the mobilehome park connecting all mobilehome sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.
4.
Common reacreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.
J.
Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:
1.
A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street;
2.
An ornamental wall or fencing, seven feet in height along all interior side property lines and along all rear property lines that do not abut a public street; and
3.
An ornamental screen wall or fencing seven feet in height along the street side yard and street front yard setback lines.
K.
Each mobilehome park shall provide the following additional facilities:
L.
At the time of the placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads and undercarriage equipment.
M.
Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided such mobilehomes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobilehome sites and connected to all utility services. No more than four mobilehomes shall be offered for sale at any one time by a single owner, and advertising for such sales shall be limited to one non-illuminated sign not exceeding four square feet in area on the site of each mobilehome offered for sale.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.110 Outdoor dining areas.
A.
The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in certain commercial zone districts.
B. "Dining establishment" "Drinking establishment" "Outdoor dining area"
The following definitions shall apply to this section:
means a structure whose principal use is the serving of food to the general public, including, without limitation, a restaurant, candy shop, ice cream shop, bakery, sandwich shop, coffee shop/house, delicatessen, pizza parlor, hotdog/hamburger/taco/salad bar stand and the like and where the sale of any alcoholic beverage is an accessory use.
means a structure whose primary use is the serving of alcoholic beverages to the general public and the serving of food is an accessory use.
means the use of portions of public sidewalks, public rights-of-way and sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass through window and sidewalk counter service is also allowed when an outdoor dining area is provided pursuant to this section.
C.
Where Permissible. All outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section on-site open space areas may also be used as an outdoor dining area.
D.
Required Sidewalk Width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment which is clear and unimpeded for pedestrian and wheelchair traffic. Such clearance requirement shall be in addition to any applicable federal or state accessibility mandates.
E.
Alcoholic Beverages. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall be restricted as follows:
1.
The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.
2.
The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum 30 inch to a maximum 36 inch tall removable open style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.
3.
The operator shall post a written notice to customers as approved by the City which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.
4.
The service of the alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.
5.
For drinking establishments, the service and consumption of alcoholic beverages is restricted to only on-site outdoor areas enclosed by a six foot tall solid wall or fence architecturally compatible with the structure housing the drinking establishment.
F.
Health Standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the Kings County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including, without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.
G.
Hours of Operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment, or drinking establishment, or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.
H.
Special Closures. The City shall have the right at any time, and from time to time to prohibit the use of the public sidewalk and public right-of-way as an outdoor dining area. Such closure may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, repairs to the street or sidewalk, from emergencies occurring in the area, or for public health and/or safety reasons.
I.
Permit Issuance, Findings, and Conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the Community Development Director. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 17.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the City and an accurate drawing showing the configuration of the outdoor dining area, including, without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:
1.
The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.
2.
An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.
3.
No signage is allowed in the outdoor dining area except for one menu display sign no larger than four square feet per face. Signs with more than two faces are prohibited. Only plain unmarked umbrellas may be used in an outdoor dining area. Professionally designed temporary special for the day sign may be permitted up to a total of two square feet in area.
4.
The applicant shall execute an indemnity agreement in a form provided by the City pursuant to which the applicant agrees to indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any and all claims, damages, costs, including reasonable attorney fees, and losses arising from, or in any way related to the applicant's operation of the outdoor dining area.
5.
If any portion of the outdoor dining area is located in the public sidewalk or public right-of-way, the applicant shall maintain, at all times during which the outdoor dining permit is in effect, a policy of general comprehensive liability insurance with limits as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant's use of its outdoor dining area. The City and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the City and its officials, officers, employees, and agent. The applicant will deliver to the City endorsements to the applicant's insurance policy as evidence of the satisfaction of these insurance requirements.
6.
Such other conditions as the City may deem necessary, including, without limitation, conditions to ensure the public safety, to protect public improvements and provide aesthetic improvements.
7.
No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.
J.
All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than 60 pounds.
K.
Term. An outdoor dining permit is personal to the applicant and may not be transferred, assigned or conveyed to any other person. An outdoor dining permit shall terminate on the date the applicant no longer operates the outdoor dining area or discontinues the use of the outdoor dining area for a continuous 12 month period. If a dispute arises as to the date of termination, the decision of the City as to the date of termination shall be final and binding upon the applicant.
L.
Violation/Revocation. The Community Development Director shall provide written notice to an applicant of any violation of its outdoor dining permit. Such written notice shall identify the violations of the outdoor dining permit and any provisions of this section. The applicant shall have seven days from the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the community development department within said seven day period, the applicant's outdoor dining permit shall automatically terminate without further action by the City and the applicant shall immediately discontinue use of the outdoor dining area. If the City, in its sole discretion, determines that the continued operation of an outdoor dining area is an immediate threat to the health or safety of any citizen of the City, the community development department may immediately, and without written notice and opportunity to cure, revoke an outdoor dining permit. If an outdoor dining permit is terminated or revoked, the City shall not process an application for an outdoor dining permit for that same manager/owner of the premises for a period of six months from the date of termination or revocation.
M.
Appeal Procedures. A decision of the community development department pertaining to the outdoor dining application or permit may be appealed in accordance with the provisions of Chapter 17.70.
N.
Enforcement. The Community Development Director, Code Enforcement Officer, police department or other person authorized by the City Manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.120 Outdoor storage areas.
Outdoor storage of materials or equipment that occupies a volume of more than 60 cubic feet and is visible from any abutting public street or abuts property used for residential purposes, must meet the following standards. This section does not apply to temporary storage, such as storage during construction.
A.
Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction.
B.
Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This subsection shall not apply to a junk yard, wrecking yard, or salvage facility.
C.
No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.140 Sale of new and used automobiles and trucks.
In all zone districts, the off-site sale of new and used automobiles and trucks is prohibited. New and used automobile and truck sales shall be conducted only at the permanent property address listed for the dealership on its Department of Motor Vehicles dealer license.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)
§ 17.60.150 Vending machines.
The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:
A.
Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.
B.
A minimum walkway of four feet is required in front of all outdoor vending machines.
C.
Outdoor vending machine shall not be installed in the public right-of-way or immediately adjacent such that it would cause customers to stand in the right-of-way in order to use the machine.
D.
Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
E.
Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.
F.
Vending machines are permitted to cover up to a maximum of 10 percent of the length of the primary building frontage, or 20 feet, whichever is less.
G.
Vending machine installations shall not have exposed conduits, piping or overhead utility connections.
H.
All outdoor machines shall be maintained in a clean and attractive condition.
I.
Any graffiti on an outdoor vending machine shall be removed within 24 hours.
J.
If the outdoor machine is removed the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
(Ord. 17-04, 2017; Ord. 24-11, 12/3/2024)