Kerman, CA Zoning Ordinance

§ 17.40.010 Accessory dwelling unit (ADU).

Purpose. The purpose of this section is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852 and 65852.22. The standards in this section minimize adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units and junior accessory dwelling units. The city recognizes that accessory dwelling units expand housing opportunities by increasing the number of housing units available within existing neighborhoods and provide housing generally at lower cost. Property owners who create accessory dwelling units benefit from added income, and an increased sense of security. Allowing accessory dwelling units in single-unit or multi-unit residential zones provides additional rental housing stock in California. Thus, accessory dwelling units are a residential use which is consistent with the general plan objectives and zoning regulations.

Applicability. The regulations established in this section shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Division 2 (Zones, Allowable Uses, and Development Standards). Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this section and the building code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this section shall not be:

Found inconsistent with the general plan land use designation and/or zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;

Allowed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;

Considered in the application of any city ordinance, policy, or program to limit residential growth; and

Required to correct a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

Where Allowed. Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for single-unit or multi-unit dwellings where such parcels include a proposed or existing dwelling.

Types. An accessory dwelling unit(s) approved under this section include:

Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure, including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

Junior Accessory Dwelling Unit. A junior accessory dwelling unit is an attached accessory dwelling unit that meets all the following:

Is entirely located within a single-unit detached primary dwelling and shall consist of the conversion of an existing single-unit dwelling, including attached garages, or a part of a proposed single-unit dwelling.

Is less than five hundred square feet.

Has independent exterior access from the primary dwelling.

Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

Location and Number of Units Allowed. Accessory dwelling units shall comply with the following:

Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit dwelling zones as follows:

Attached or Junior Accessory Dwelling Units. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit:

Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements:

Is detached from the primary dwelling;

ii.

Does not exceed fifty percent of the square footage of the primary dwelling, up to a maximum of one thousand two hundred square feet, whichever is less;

iii.

Has a maximum height of one story; and

iv.

Has side and rear setbacks that comply with the applicable zone, but in no case shall have less than a four-foot side and rear yard setback.

Types and Number of Units Allowed. In any single-unit dwelling zones, only the following combination of accessory dwelling units may be provided on a single parcel:

One detached accessory dwelling unit and one junior accessory dwelling unit; or

ii.

One detached accessory dwelling unit and one attached accessory dwelling unit.

Multi-Unit Dwelling Zones. Accessory dwelling units are allowed in multi-unit dwelling zones as follows:

Converted Spaces Within a Multi-Unit Dwelling.

Within any multi-unit dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that any such space converted to an accessory dwelling unit complies with minimum state building standards for dwellings.

ii.

At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed twenty-five percent of the existing units.

Detached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements:

Has side and rear setbacks of at least four feet; and

ii.

Is eight hundred square feet or smaller in size.

Standards Applicable to All Accessory Dwelling Units. The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing single-unit dwelling or multi-unit dwelling structure to create an accessory dwelling unit:

Parcel Size and Width. No minimum parcel size or parcel width shall apply for the construction of an accessory dwelling unit.

Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.

Permanent Foundation. Accessory dwelling units shall be installed on and attached to a permanent foundation as follows:

All accessory dwelling units shall be permanently attached to a permanent foundation.

A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.

Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit or junior accessory dwelling unit, in compliance with Government Code Section 65852.2.

No Separate Conveyance. An accessory dwelling unit may be rented, but no accessory dwelling unit, unless otherwise permitted by state law, may be sold or otherwise conveyed separately from the parcel and the primary dwelling in the case of a single-unit dwelling parcel or from the parcel and all of the dwellings in the case of a multi-unit dwelling parcel.

Design. The color, material and texture of the roof, exterior walls and fenestration of an accessory dwelling unit shall be the same as the primary dwelling unit.

Rental Term. No accessory dwelling unit may be rented for a term that is shorter than thirty days, unless otherwise allowed by state law.

Impact Fees. No city-imposed impact fees shall be charged to an accessory dwelling unit that is less than seven hundred fifty square feet in size. If, at a later time, an expansion to an accessory dwelling unit occurs, development impact fees shall apply. Any impact fee charged to an accessory dwelling unit seven hundred fifty square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (i.e., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, multiplied by the typical fee amount charged for a new dwelling). For the purposes of this subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.

10.

Address Numbers. Accessory dwelling units shall install address numbers in compliance with Section 505 of the California Fire Code. Address numbers shall contrast with their background and be a minimum of four inches high with a minimum stroke width of one-half inch. If the address numbers for the accessory dwelling unit cannot be visible from the street, the address numbers can be placed on the primary dwelling unit, existing front yard fence or placard at the entrance to the site.

11.

United States Postal Service. The applicant must coordinate and comply with the U.S. Postal Service requirements for delivery of mail to the accessory dwelling unit.

Additional Standards Applicable to Attached and Detached Accessory Dwelling Units. The following standards shall apply only to attached and detached accessory dwelling units:

Size. Attached and detached accessory dwelling units shall comply with the following size standards:

Detached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms.

Attached. May not exceed eight hundred fifty square feet if it has fewer than two bedrooms or one thousand square feet if it has two bedrooms. An attached accessory dwelling unit shall not exceed fifty percent of the floor area of the primary dwelling.

Height.

The maximum height for a detached accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be eighteen feet. The maximum height may be increased by an additional two feet, to twenty feet, for the purpose of accommodating a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or

The maximum height for a detached ADU on a lot with an existing or proposed multifamily, multi-story dwelling shall be eighteen feet.

Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

Parking. Attached and detached accessory dwelling units shall comply with the following parking standards:

One off-street parking space is required for each attached and detached accessory dwelling unit, unless otherwise specified below. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on an existing driveway. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift.

Replacement Parking.

When a garage, carport, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced. This subsection shall not apply to attached garage conversions into a junior accessory dwelling unit.

ii.

When an attached garage, carport, or covered parking structure providing required parking for the primary residence or residences is converted to a junior accessory dwelling unit, those parking spaces are required to be replaced as usable covered parking consistent with the zone district’s parking standards.

Additional parking for the accessory dwelling unit is not required in the following instances:

The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations.

ii.

The accessory dwelling unit is located within an architecturally or historically significant historic district.

iii.

The accessory dwelling unit is part of 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 accessory dwelling unit.

When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.

vi.

When a permit application for an accessory dwelling unit 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 accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

Permit Requirements. Attached and detached accessory dwelling units shall comply with the following permit requirements:

Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a building permit. The city shall issue the permit within sixty working days from the date that the city received a completed application, unless:

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

ii.

The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or

iii.

The building permit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, in which case the city may delay acting on the building permit application until the city has acted on the permit application to create the new single-family or multifamily dwelling, but the building permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.

Application and Processing Fees. The city council shall establish a schedule of fees for the application and processing of a building permit for an accessory dwelling unit.

Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

Additional Standards Applicable to Converted Accessory Dwelling Units. The following standards apply only to converted accessory dwelling units:

Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit.

Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless of if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but are not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway.

Building Permit. The property owner shall obtain a valid building permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to building permits generally.

Additional Standards Applicable to Junior Accessory Dwelling Units. The following standards apply only to junior accessory dwelling units:

Size. The total area of floor space for a junior accessory dwelling unit shall not exceed five hundred feet and shall not expand the size of an existing single-family dwelling by more than one hundred fifty square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

A sink with a maximum waste line drain of one-and-one-half inches;

A cooking facility with appliances which do not require electrical service greater than one hundred twenty volts or natural or propane gas;

A food preparation counter or counters that total at least fifteen square feet in area; and

Food storage cabinets that total at least thirty square feet of shelf space.

Parking. No additional off-street parking is required for the junior accessory dwelling unit, except when the junior accessory dwelling unit is a garage conversion. A junior accessory dwelling unit created in an attached garage shall provide usable replacement of covered parking consistent with the zone district’s parking standards.

Permits. Junior accessory dwelling units shall comply with the following permit requirements:

Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid building permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to building permit generally. The city shall issue a ministerial permit within sixty days from the date that the city received a completed application, unless either:

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

ii.

The city requires corrections to the building permit application, in which case the sixty-day time period is tolled until the applicant resubmits a corrected application; or

iii.

The application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel. The city may delay acting on the permit application for the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.

Application and Processing Fees. The council shall establish a schedule of fees for the application and processing of a building permit for a junior accessory dwelling unit.

Owner-Occupancy Requirement. A junior accessory dwelling unit application submitted before January 1, 2024, shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Junior accessory structures shall be required to file a deed restriction in compliance with the following:

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county of Fresno recorder’s office and a copy filed with the director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the city and shall provide that:

The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by state law.

ii.

The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this section.

iii.

The deed restriction runs with the land and shall be enforced against future property owners.

The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the director, providing evidence that the junior accessory dwelling unit has in fact been eliminated. The director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the director’s determination consistent with Chapter 17.114 (Appeals). If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

Review Process for Structures Not Complying With Development Standards. An accessory dwelling unit that does not comply with standards in this section may be allowed with an administrative use permit at the discretion of the director subject to the following findings:

To deny an application or permit under this section, the director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

To approve an application or permit to waive required accessory dwelling unit parking, the director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this section.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.020 Recycling facilities.

Purpose. The purpose of this section is to provide developmental and operational standards for various types and sizes of recycling processing facilities (i.e., reverse vending machine(s), collection facilities, processing facilities), in compliance with Division 2 (Zones, Allowable Uses, and Development Standards) and shall be subject to the criteria and standards listed below.

Development and Operational Standards. Applications for recycling processing facilities shall be processed and evaluated for propriety of location and consideration shall be given to applications that comply with the following standards:

Reverse Vending Machine(s). Reverse vending machine(s) shall be allowed in any nonresidential zone district in compliance with all the following standards:

The machines shall be installed as an accessory use in compliance with the applicable provisions of Chapter 17.22 (Accessory Structures) and shall be processed consistent with Chapter 17.74 (Zoning Clearance).

If located inside of a structure, the machines shall be within thirty feet of the entrance and shall not obstruct pedestrian circulation.

If located outside of a structure, the machines shall not occupy required parking spaces, obstruct required paths of travel, or be located within required setbacks and shall be constructed of durable waterproof and rustproof material(s).

The machines shall not exceed a floor or ground area of fifty square feet for each installation, including any protective enclosure, nor eight feet in height.

The machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions.

The machines shall have operating hours which are consistent with the operating hours of the main use.

The area in front of the machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

Small Collection Facilities. Small collection facilities shall be allowed, subject to approval of an administrative use permit, in compliance with all of the following standards:

The facility shall not exceed a floor or ground area of three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

The facility shall not use power-driven processing equipment, except for reverse vending machines.

The facility shall not be located within fifty feet of any parcel zoned or occupied for residential use, and shall be set back at least fifty feet from any non-collection facility permanent structure.

The facility shall be set back at least ten feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

The facility shall accept only recyclable materials including glass, metal, or plastic containers, paper, and reusable items.

The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location.

Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use, unless the director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.

All structures shall architecturally integrate with the main structures on the same lot. Cargo containers (storage containers, C-trains) shall not be used for structures unless treated to match the primary structure’s architecture, colors, and materials.

Signs may be provided as follows:

Recycling facilities may have identification signs with a maximum area of fifteen percent for each side of the structure or twelve square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.

ii.

Signs shall be both compatible and harmonious with the character of their location.

iii.

Directional signs without advertising messages may be installed with the approval of the director.

Large Collection Facilities. Large collection facilities shall be allowed, subject to approval of a conditional use permit and site plan review, in compliance with all the following standards:

The facility shall not abut a parcel zoned or occupied for residential use.

The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.

Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

Any other conditions deemed necessary by the commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.

Recycling Processing Facilities. A recycling processing facility shall be allowed, subject to approval of a conditional use permit and site plan review, in compliance with all the following standards:

The facility shall not abut a parcel zoned or occupied for residential use.

Light recycling processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.

A light recycling processing facility shall not exceed four thousand five hundred square feet of gross floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers.

A heavy recycling processing facility may exceed four thousand five hundred square feet of gross floor or ground area and two outbound truck shipments each day and may perform those functions not allowed at light processing facilities.

The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.

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

Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.030 Emergency shelter.

General. An emergency shelter for displaced persons shall be an allowed by right use on any parcel in zones as allowed in Division 2 (Zones, Allowable Uses, and Development Standards). Each facility shall comply with all of the required development and operational standards of the zone in which it is located.

Standards. In addition to the development standards in the underlying zone, emergency shelters shall comply with the standards established in this section. In the event of conflict between these standards and the underlying zone regulations, the provisions of this section shall apply.

Facility Compliance. Federal, state, and local licensing as required for any program incidental to the emergency shelter.

Physical Characteristics. Emergency shelters shall comply with the following standards:

Compliance with applicable state and local uniform housing and building code requirements.

Facilities shall have on-site security during all hours when the shelter is open.

Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

Facilities shall provide secure areas for personal property.

Occupancy. A maximum of thirty beds or persons may be served nightly, with associated support services not open to the public.

Length of Stay. The length of stay of an individual client shall not exceed six months within a twelve-month period; days of stay need not be consecutive.

Waiting and Intake Area. A client waiting area shall be provided that is sufficient in size to accommodate all persons waiting to enter the facility and shall contain a minimum of ten square feet per bed provided at the facility.

Support Services. Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the structure. Support services include, but are not limited to, the following:

Food preparation and dining areas.

Laundry facilities.

Restrooms and showers.

Areas to secure and store client belongings.

Management and Operations Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the director in consultation with the chief of police in conjunction with the site plan review application and/or prior to the issuance of permits. The plan shall include a floor plan that demonstrates compliance with the physical standards identified in subsection (B)(2) of this section. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the director in consultation with the chief of police. The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures list, list of services, staff training, "good neighbor" communication plan, client transportation, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to the displaced population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report. The city may inspect the facility at any time for compliance with the facility’s management and operation plan and other applicable laws and standards.

Permit Fee. The council may establish a fee by resolution to cover the administrative cost of review of the required management and operation plan.

Constitutionality. Should any subsection, paragraph, clause, or phrase of this section for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this section.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.040 Home occupation.

Purpose and Intent. It is the intent of this section to allow for home occupations if their effects on residential neighborhoods are undetectable from normal and usual residential activity and that such activities are not detrimental to the residential character of the neighborhood in which they are located.

Home Occupation Permit Application. A home occupation permit is required to engage in a home occupation. See Chapter 17.78 (Home Occupation Permit) for occupation permit application and processing procedures. The home occupation permit shall be issued by the director who may establish reasonable conditions to prevent potential adverse impacts. An application for a home occupation permit shall be in a form prescribed by and filed with the department. The application shall be complete and appropriate fees paid at the time of filing. No business license shall be issued to the applicant by the finance department until the home occupation permit is approved and issued by the director.

Operating Standards. Home occupations shall comply with the following:

Business License. The home occupation shall be conditionally approved until the applicant submits to the department evidence of a valid business license for the home occupation pursuant to Section 5.04.020 (License — Required — Compliance). The applicant shall comply with this condition within five days after approval of the home occupation permit as herein provided for. Failure to do so will result in the automatic revocation or termination of the home occupation permit. Possession of a State Board of Equalization resale permit indicating an address in a residential zone shall be deemed constructive notice of the existence of a business, thus subjecting it to home occupation permit regulations.

Employees. The home occupation business may employ help. Employees not residing within the home occupation residence shall not be allowed to physically report to the home occupation residence for business activities.

Equipment. There shall be no use of materials or mechanical equipment not recognized as an incidental domestic use which creates objectionable noise, dust, odor, vibration, or other effects which can be detected at the property line. The operation of the facility must comply with residential noise standards contained in Chapter 9.26 (Prohibition of Unreasonably Loud and Unnecessary Noise) and the noise element of the general plan. Power tools not exceeding two horsepower are permitted. Commercial kitchens are prohibited.

Client Visitation. The use shall not generate pedestrian or vehicular traffic or parking demand more than that customarily associated with the residential zone in which it is located.

Outdoor Display and Storage. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the zone.

Deliveries and Traffic Generation. When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold directly to customers at an off-site premises location. Deliveries to and pick-ups from the home occupation to customers are prohibited. Deliveries to and pick-ups by commercial vehicles as well as mail carriers (i.e., USPS, FedEx, UPS) are permissible; however, they shall not be excessive, as to cause a traffic nuisance for surrounding uses.

Parking. Existing garages that are required for off-street parking spaces shall not be modified or used to preclude the normal parking and storage of family vehicles. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business. Vehicles used to transport goods for the home occupation shall be parked on site. Large vehicles, trailers, and other forms of commercial vehicles used to conduct the home occupation may be required to be stored at an off-site location.

Signs and Advertising. Home occupations shall not involve the use of signs or structures to advertise the business or service(s) other than those permitted in the district of which it is a part. Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on or off the premises.

Dwelling Appearance. The home occupation shall not alter the appearance of the dwelling unit or the conduct of the occupation within to conduct, operate or maintain the business either by color, materials or construction, lighting, signs, sounds, noises, or vibrations, which tend to diminish the residential character of the residence.

10.

Allowable Area. The total area of the main residence structure used for the operation and conduct of the business shall not exceed two hundred fifty square feet or fifteen percent of the total floor area of the residence, whichever is smaller. The home occupation shall be conducted entirely within the primary structure.

11.

Business Operation. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor shall be in open areas visible to the neighbors or public.

12.

Rental Property. If the home occupation is to be conducted on rental property, property owner authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.

13.

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utility services in amounts greater than normally provided for the residential use.

14.

Nuisance. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibrations that can or may be considered a hazard or nuisance. The home occupation shall not generate quantities or types of refuse or trash not normally associated with residential use.

Allowed Uses. The following types of home occupations shall be allowed in zones where residential uses are allowed, such as, but not limited to:

Consultative professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods and/or products.

Specialty/trade contractors, including electrician, general contractor, landscaper, janitorial cleaning, painter, plumber, and home/commercial maintenance service provider.

Commercial truck driver, tow truck driver, or other similar transportation trade.

Event planner and party equipment rental.

Internet based business, where all components and services are conducted online via the internet.

Personal care services, including athletic trainer, dietitian, and life coach.

Cottage food operation or other food uses that are exempt from an environmental health permit.

Secondary business offices, where said business has its principal office, staff and equipment located elsewhere.

Farm management offices, where an agricultural operation on the premises requires such offices.

10.

The giving of music lessons and similar occupations for no more than one person at a time.

11.

Salesperson/sales office, when all sales are done by written order with no commodities or displays on the premises.

12.

Drafting, designing and the like, using only the normal drafting equipment.

Prohibited Uses. The following types of home occupations shall not be allowed in a residential zone, such as, but not limited to:

Gun and/or ammunition sales;

Barber, beauty shops, body art, and other similar cosmetic care services;

Businesses which involve the handling, training, breeding, raising or grooming of cats, dogs, or other animals on the premises;

Carpentry and cabinet making;

Medical and dental offices, clinics, laboratories, and other similar paraprofessional services;

Repair, fix-it or plumbing shops;

Storage of equipment, materials and other accessories to the construction or service trades;

Motor vehicles repair (body or mechanical), upholstery, detailing, painting;

On- or off-site vehicle detailing services, including mobile car wash, detailing, and window tinting;

10.

Screen printing;

11.

Microenterprise home kitchen operations;

12.

Welding or machining;

13.

Kennel or cattery; and

14.

Other uses which in the opinion of the director conflict with the purpose of this section.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.050 Mobile home park.

Purpose. The purpose of this section is to promote housing opportunities for residents by establishing policies and development standards for mobile home parks. The development standards for the mobile home parks will further encourage the creation of stable and attractive parks which will benefit the residents of the park and the community.

General Provisions and Exceptions. Mobile home parks shall comply with the following standards:

The provisions of this section shall be considered supplemental to all applicable state regulations and to other pertinent city ordinances.

Mobile home parks may be constructed on any land planned and zoned for residential development, as identified in Division 2 (Zones, Allowable Uses, and Development Standards).

Allowed Uses. Allowed uses within a mobile home park include:

Single-unit dwelling mobile/manufactured home;

Common recreational facilities and structures;

Administration offices for mobile home park use only; and

Accessory uses incidental to single-unit dwelling and/or mobile homes parks.

Uses Allowed With a Conditional Use Permit. All mobile home parks shall require a conditional use permit. Applications for a conditional use permit shall be consistent with Chapter 17.84 (Conditional Use Permit). In addition, the following information shall be provided:

A complete storm drainage plan providing for the ultimate disposal of stormwater showing on-site facilities and off-site storm lines;

A wastewater plan which identifies the location and size of sewer lines within the mobile home park;

A complete water source and distribution plan for the entire mobile park.

Prohibited Uses. The following uses and activities are prohibited in a mobile home park:

Travel trailers and other recreational vehicles shall not be located or occupied in mobile home parks except as specified elsewhere in this title.

Commercial activities, except the sale of a mobile home by the owner or by a real estate company.

No more than one mobile home shall be allowed on each mobile home lot.

Development Standards. Mobile home parks shall comply with the following development standards:

Minimum and Maximum Size. The minimum parcel size for a mobile home park shall be 2.5 acres. The maximum size of a mobile home park shall be twenty acres.

Density. The density of the mobile home park shall not exceed the allowable density permitted by the underlying land use designation in the general plan.

Minimum Mobile Home Space Size. The minimum size of a mobile home space shall be:

Single Wide. Each lot planned for a single wide mobile home shall have a minimum lot size of two thousand eight hundred square feet.

Double Wide. Each lot planned for a double wide mobile home shall have a minimum lot size of four thousand five hundred square feet.

Setback Requirements. Mobile home parks shall comply with the following setback requirements:

Mobile Home Park. Parks shall comply with the following:

Front setback: twenty feet.

ii.

Side setback: none, except when the side yard area is adjacent to a street in which case the yard shall be a minimum of ten feet.

iii.

Rear setback: none, except when the rear yard area is adjacent to a street, in which case the yard shall be ten feet.

Individual Mobile Home Lot. Individual spaces/lots shall comply with the following:

Front setback: fifteen feet.

ii.

Side setback: eight feet.

iii.

Rear setback: ten feet.

Accessory Structures. Accessory structures (i.e., patio covers, storage structures, carports, greenhouses) can be located within three feet of a side or rear property line.

Parcel Coverage. No more than sixty percent of the mobile home lot area shall be covered with structures, including accessory structures.

Signs. Signs shall comply with the standards established in Chapter 17.30 (Sign Regulations).

Fences, Walls, and Hedges. A seven-foot masonry wall shall be constructed around the rear and side yards of the mobile home park. The wall shall be consistent with the setback requirements of subsection F of this section (Development Standards).

Parking. Parking for mobile home parks shall be consistent with the parking regulations established in Chapter 17.28 (Parking, Loading, and Access).

Improvement Standards. Mobile home parks shall comply with the following improvement standards:

Streets. In addition to all applicable street development requirements, mobile home parks shall provide the following improvements:

Streets within the mobile home park that provide access to twenty mobile home lots or more shall not have a pavement width less than thirty-six feet.

Streets within the mobile home park that provide access to fewer than twenty mobile home lots shall not have a pavement width less than thirty feet.

The maximum length of a cul-de-sac shall be three thousand feet. The turnaround shall not have a diameter of less than seventy feet.

Street name signs and address directories shall be provided and maintained at each street intersection and at each entrance to a public street.

Undergrounding. All public utilities shall be installed underground, including electrical supply, telephone, and cable TV.

Skirting. All mobile homes shall be fitted with skirting which extends from the floor level of the mobile home to the ground.

Landscaping. Mobile home parks shall comply with the following:

All exterior yard areas shall be landscaped with turf and a combination of shrubs and trees. At least one fifteen-gallon tree shall be planted for every twenty-five lineal feet that fronts onto a street.

All landscaped areas shall be provided with an irrigation system. These areas shall be well maintained free of weeds and litter, well irrigated, mowed and trimmed.

Permits. Unless otherwise governed by state law, any public or private improvements shall be subject to city plan review and permits.

The applicant shall file with the city engineer an application for plan review of improvement plans and specifications of design and construction or alteration of the mobile home park together with a statement describing the water supply, ground drainage and method of sewage and garbage disposal therefor. Said plan review and permit shall be subject to fees establish by resolution of the city council.

All construction and operation procedures within the property lines of the premises of a mobile home park shall be in accordance with the provisions of the most recent edition of:

California Health and Safety Code, Division 13 (entitled "Housing"), Part 2 (entitled "Mobile Homes — Manufactured Housing"), Section 18000 et seq.

ii.

California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 2 (entitled "Mobile Homes, Recreational Vehicles and Commercial Coaches"), Section 4000 et seq.

An application for a permit shall be subject to applicable plan review and permits fees as established by city council resolution.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.060 Mobile and temporary office structures.

Purpose and Intent. This section regulates the use of mobile office structures used for commercial and institutional purposes.

Screen Stands, Pads, and Undercarriage Equipment. Mobile office structures shall be fitted with appropriate skirts to screen stands, pads and undercarriage equipment. The skirting shall be architecturally compatible with the structure.

Design. Roof material, roof overhangs, roof pitch, and exterior siding which shall extend to the ground, shall be compatible with other structures existing within the surrounding area. At the time of permit application, the director shall review the architectural features and treatment of the proposed mobile office structure and shall determine the architectural compatibility of the proposed structure with surrounding existing structures. The director may require improvements to the proposed structure to ensure architectural compatibility.

Tow Bars. Any tow bars shall be removed when the vehicle is installed.

Development Standards. Mobile office structures shall comply with all other applicable standards of the zone in which they are placed.

Permanent Foundation. Except for temporary mobile office structures, mobile office structures shall include a permanent foundation, approved by the building official.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.070 Wireless telecommunication tower, antennas, and structures.

Purpose. The purpose of this section is to provide standards for the development of wireless telecommunications facilities, antennas, and structures. The established standards are to provide a uniform set of aesthetic qualities standards and ensure the orderly development of wireless telecommunications facilities, antennas, and structures on non-public right-of-way areas consistent with federal standards and with the objectives of the general plan. Standards and procedures found herein shall apply to all applicable wireless telecommunications facilities and antennas.

Applicability. This section shall apply to any wireless telecommunications facilities, antennas, and structures for which land use approval is required.

Pre-Existing Towers, Antennas, and Structures. Telecommunications facilities, antennas, and structures legally permitted and existing at the time the ordinance codified in this section becomes effective shall be subject only to federal and state requirements plus local building and safety codes. Once a pre-existing facility applies for any modification or expansion, said facility shall be subject to compliance with all current applicable codes, including but not limited to this code and this chapter.

New Facilities. All new telecommunications facilities, antennas, and structures requesting a building permit.

District Height Limitations. The requirements set forth in this section shall govern all antennas and towers proposed for installation in the city of Kerman. Special provisions are created to regulate the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall apply to towers and support structures but shall not apply to antennas attached to existing towers.

Public Property. Telecommunications facilities located on property owned, leased, or otherwise controlled by the city shall be allowed as provided herein, subject to the provisions of this section.

Amateur Radio Receive-Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

This section shall also be inapplicable to a satellite dish antenna with a height not exceeding fifteen feet, or a ground or building mounted residential receive-only radio or television antenna less than thirty-five feet high, or a citizens band radio antenna if the height does not exceed twenty feet above the building on which it is mounted or sixty feet above the ground.

This section also does not apply to the installation of a ground- or building-mounted receive-only radio or television satellite dish antenna which does not exceed thirty-six inches in diameter for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

Permits Required. Telecommunications facilities, antennas, and structures shall obtain the following permits in compliance with the following:

Conditional Use Permit. All telecommunications facilities and antennas shall require a conditional use permit in compliance with Chapter 17.84 (Conditional Use Permits).

Site Plan Review. Any telecommunications facility, antenna, ground-mounted equipment, and structures shall be required a site plan review in compliance with Chapter 17.80 (Site Plan Review Permit).

Building Permit. A building permit shall be required prior to the installation of telecommunications facilities, antennas, and structures.

Findings for Approval. In considering whether to grant a conditional use permit, the commission shall find that the following will be met:

The aesthetic appearance of the community can be maintained using alternative tower structures, landscaping, setbacks, restrictions on placement, or a combination of the above methods; and

The conditions to be imposed protect the applicant’s right to receive reasonably good signal reception without limitations or expenses which are reasonable considering the purchase and installation cost of telecommunications facilities, antennas, and structures.

The telecommunications facility or antenna meets or exceeds current standards and regulations of the FAA, the FCC, the California Public Utilities Commission and any other agency of the federal or state government with the authority to regulate towers and antennas.

The installation of the telecommunications facility or antenna will provide a geographic area with a needed service that is otherwise not available.

General Requirements and Standards. The general requirements and standards set forth in this subsection shall govern the installation, submittal, and aesthetics requirements of all tele-communications facilities, antennas, and structures governed by this section.

Principal or Accessory Uses. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district standards and regulations, the evaluation shall include, but not be limited to, setback, lot coverage, and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are con-structed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

Submittal Requirements. Each applicant requesting a land use approval under this section shall submit a scaled site plan and a scaled elevation view, a series of computer-generated simulated photographs portraying the appearance of the proposed tower from critical points of view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the director or planning commission to be necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the planning division a grid map depicting an inventory of all existing towers, as well as all of its planned towers, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the (proposed) location, height, and design of each tower. The planning division may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city for purposes of encouraging co-location where such policy is found consistent with a pleasing appearance in the community; provided, however, that the planning division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Co-Location. It is the purpose of this section, except where inconsistent with the goal of maintaining an aesthetically pleasing community, to:

Encourage strongly the co-location of antennas and antenna arrays at new and existing tower sites in order to limit or reduce the number of towers within the community. Based on the required inventory of sites, and inventories previously filed with the community development department, the applicant is required to justify why other existing sites are not suitable for co-location, or provide documentation that a tower which might serve as an alternative site is either not available for co-location or not structurally capable of sustaining any co-location.

The intention of this analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. The encouragement of co-location shall not extend to towers or other structures which would present a clearly unattractive appearance in the judgment of the director if such co-location were carried out.

Aesthetics and Lighting. The guidelines set forth in this subsection shall govern the aesthetics and lighting of all tower antennas governed by this section; provided, however, that the commission may waive or modify these requirements if it determines that the goals of this subsection are better served thereby.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, to reduce visual obtrusiveness.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Satellite Dish Antennas. The following shall apply to satellite dish antennas located on residential zone districts:

Maximum Size. Satellite dish antennas shall be limited to a maximum diameter of twelve feet.

Height. The maximum height of a freestanding satellite dish antenna shall be fifteen feet. Edge-mounted antennas, which are mounted in the ground and attached to the eave of a residential dwelling or garage, shall have a maximum height of eighteen feet.

Number Allowed. Only one satellite dish antenna shall be allowed per parcel.

Setback Standards. Satellite dish antennas shall comply with the setback standards for the zone in which the satellite dish is to be located. Satellite dish antennas shall be prohibited in front yard setback areas.

Exceptions. The commission may waive or modify standards contained in subsection (E)(5) of this section, when, in the opinion of the commission, the requirements are determined to be infeasible and/or would not be in the interest of the property, surrounding property, or the community.

Required Approvals.

Administrative Approvals. The addition of a tower or antenna may be permitted through the building permit process in accordance with this section, provided the project is considered to be a minor expansion or an accessory use allowed in the zone in which the project is located; and further provided, that the total height of the antenna and the structure to which it is attached does not exceed the height or setback restrictions for the zone in which it is located. All such structures shall comply with subsection (E)(5) of this section, unless a modification is granted, and all other applicable provisions of the municipal code.

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than fifty feet in height, so long as such addition does not add more than twenty feet to the height of the existing structure;

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower and said tower is not a pre-existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

Site Plan Review Approval. The director may approve the uses listed in subsections (G)(2)(a), (G)(2)(b) and (G)(2)(c) of this section. Each application shall be processed in accordance with the provisions of Chapter 17.80 (Site Plan Review Permit) et seq. of this chapter. In connection with any such site plan review approval, the director may, in order to encourage shared use or use of alternative tower structures, administratively waive any zoning district setback requirements by up to fifty percent and may administratively waive any zoning district height restriction by an amount not to exceed twenty-five feet. The following uses may be approved by the director after conducting a site plan review:

Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in any industrial or commercial zoning district; provided, however, that such tower shall be subject to the height limitations for the zoning district in which the project is proposed, except as waived in subsection (G)(2) of this section.

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing nonresidential structure) that is fifty feet in height or greater, so long as said additional antenna adds no more than twenty feet to the height of said existing structure.

Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower.

Locating any alternative tower structure in any zoning district that in the judgment of the director is in conformity with the requirements set forth in subsection (E) of this section; provided, however, that such tower shall be subject to the height limits of the zoning district in which the tower is proposed.

Installing a ground or building-mounted receiver for radio or television satellite dish only, with a diameter exceeding thirty-six inches but less than eight feet in diameter, and a height in excess of fifteen feet, subject to the following restrictions:

In a residential zone, the antenna must be for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

ii.

In a residential zone, no more than one antenna or satellite dish may be permitted, which must conform to residential height restrictions and setbacks, and must have a rear yard or rear-of-house orientation unless these options preclude a usable satellite signal.

iii.

In a nonresidential zone, no more than three antennas or satellite dishes may be permitted where adequate screening is provided and which are solely for the use of the project site tenants.

iv.

The antenna or satellite dish cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback.

Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

Conditional Use Permit. Telecommunications facilities and antennas not permitted pursuant to subsections (G)(1) and (G)(2) of this section shall be subject to approval of a use permit in accordance with Chapter 17.84 (Conditional Use Permits) et seq.

In granting a conditional use permit, the commission may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, antenna, or structures on adjoining properties. The commission shall consider the following factors in determining whether to approve a conditional use permit:

Height of the proposed tower;

ii.

Exact location of the tower in relation to the distance of the tower from residential structures and residential district boundaries;

iii.

Nature of uses on adjacent and nearby properties;

iv.

Surrounding topography;

Surrounding tree coverage and foliage;

vi.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

vii.

Proposed ingress and egress;

viii.

Site improvement; and

ix.

Availability of suitable existing towers and other structures as discussed in the following subsection.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.

ii.

Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

iii.

Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.

iv.

The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antennas.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

vi.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The following setbacks and separation requirements shall apply to all towers and antennas for which a use permit is required; provided, however, that the planning commission may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.

Towers must be set back a distance equal to the height of the tower, including antennas, plus twenty feet from any off-site residential structure.

ii.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

iii.

In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety feet in height shall not be located within one-quarter of a mile from any existing tower that is over ninety feet in height.

All towers and telecommunication facilities, with the exception of slimline monopole structures, shall be designed to promote facility and site sharing. To this end, towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings, shall be designed to allow for potential shared use by other telecommunication services. The facility shall make available unutilized space for co-location of telecommunication facilities, including space for those entities providing similar, competing services. A good faith effort in achieving co-location shall be required. Request for utilization of facility space and responses to such requests shall be made in a timely manner and in writing with copies provided to the city.

Towers, equipment shelters, and any guy wires, either completely or individually, shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the planning commission may waive or modify such requirements, as it deems appropriate. "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency on a twenty-four-hour basis.

The following requirements shall govern the landscaping surrounding towers for which a use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this section would be better served thereby:

The applicant shall enter into an indemnification agreement with the city to defend, indemnify, and hold harmless the city and its officers or employees from any claim, action, or proceeding against the city as a result of the action or inaction of the city and its officers or employees in approving an application pursuant to this section.

ii.

Tower facilities shall be landscaped with a buffer of plant materials which effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

iii.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

iv.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety days of receipt of notice from the director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety days, the director may remove such antenna or tower at the owner’s expense. The commission declares that such abandoned towers are a public nuisance and may be summarily abated as provided in this section and as may be provided under the applicable laws of the state, and the expenses of such abatement shall constitute a lien against the underlying property upon which the tower is located and a personal obligation against the owner of such underlying property. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Alternative tower structure"

means manmade trees, clock towers, bell steeples, light poles, slim-line monopole, stealth and similar alternative antenna mounting structures that camouflage or conceal the presence of antennas or towers.

"Antenna"

means any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. This includes antennas relating to personal wireless services. Antennas include microwave dishes, satellite dishes, whips, and panels.

"Array"

means a set of antennas for one carrier or service that are placed on a mount at a given height and spaced so as to avoid internal interference. An array is usually sectored into three directions and separated vertically from another carrier’s array co-located on the same mount.

"Co-location"

means the use of a single mount on the ground by more than one carrier, or by several mounts on an existing building or structure by more than one carrier.

"FAA"

means the Federal Aviation Administration.

"FCC"

means the Federal Communications Commission.

"Guyed tower"

means a tower that is tied to the ground or other surface by diagonal cables.

"Height,"

when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

"Lattice tower"

means a type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

"Monopole"

means a type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical co-locations often have arrays at intermediate positions on the monopole.

"Mounts"

means the structure or surface upon which antennas are mounted, and include monopoles, lattice towers, guyed towers, and buildings.

"Omnidirectional (whip) antenna"

means a thin rod that beams and receives a signal in all directions.

"Panel antenna"

means a flat surface antenna usually developed in multiples covering three sectors of one hundred twenty degrees each.

"Personal wireless service facility"

means a facility for the provision of personal wireless services, as defined by the Tele-communications Act. A personal wireless service facility is the appropriate term for "cell site."

"Personal wireless services"

means commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Commercial mobile radios services include cellular services, personal communication services, enhanced specialized mobile radio services, and paging services.

"Pre-existing towers and antennas"

means any existing tower or antenna for which a permit has been properly issued prior to the effective date of this section. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "preexisting antennas" and shall not be required to meet the requirements of this section.

"Slimline monopole antenna"

means a structure not exceeding seventy feet in height, eighteen inches in diameter at the base, and ten inches in diameter at the top, upon which are mounted not more than three vertical panel antennas not exceeding one foot in width or seven inches in depth.

Stealthing.

See "Alternative tower structure."

"Telecommunication facility"

means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment building, parking area, or other accessory development.

"Tower"

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

"Vertical antenna"

means a flat panel or vertical pole or whip type antenna.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.40.080 Electrified security fences.

The construction, installation, and use of electrified security fencing shall be allowed in the city only as provided in this section subject to the following:

Applicability. This section shall apply to all electrified security fences being installed, constructed, or erected in any permitted location as described in subsection C of this section. Electrified security fences may be permitted when determined that it is in the best and mutual interest of the public and private to protect and secure; stored combustible, hazardous, or harmful matter or materials from those working or residing in proximity to said matter or materials.

Definitions. The term "electrified security fence" shall mean a fence that has electricity running through it used to protect and secure a property or a part thereof by way of a perimeter alarm system with an assembly of battery-powered equipment, including, but not limited to, a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.

Permitted Locations.

Electrified security fences shall be permitted in the CS — Service Commercial, M1 — Light Manufacturing, M2 — Heavy Manufacturing, O — Open Space, Recreation, and Public Facilities, and UR — Urban Reserve district.

Electrified security fences shall not encroach onto the public right-of-way.

Conditional Use Permit Applicability. Electrified security fences shall be subject to a conditional use permit application filed and processed consistent with Chapter 17.84 (Conditional Use Permit).

Compliance With State and Federal Regulations.

Electrified security fences shall comply with the California Civil Code Section 835 and the California Building Code, as amended from time to time, and all requirements in subsections F and G of this section.

Electrified security fences shall be installed with a permit issued under the requirements of applicable building and electrical codes, and only allowed to be activated after an approved final inspection of the installation.

Fire access, warning signs, electrical connections, etc., shall comply with building and fire code regulations.

Electrification. The power and voltage of electric security fences shall be allowed subject to the following standards:

Shall conform to California Civil Code Section 835 and shall only be powered by a commercial storage battery not to exceed twelve volts of direct current (DC) or another approved twelve-volt DC or lower voltage power source.

The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission (IEC) Standard No. 60335-2-76, as may be amended.

Non-low voltage electrical components (e.g. controllers, transformers) of the electric fencing system shall be approved and listed by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL).

Development Standards.

Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is a minimum of six feet in height. Should a non-electrical fence not exist, one shall be installed prior to the electric fence being operational. When abutting an existing use, building, or structure, the protective barrier shall consist of a solid material (i.e., wooden fence, block wall, an approved mesh material, or equivalent material).

Setback. Non-electrical fencing behind which electric fencing is installed shall comply with setbacks of the underlying zone district, but no less than five feet from the property line, whichever is more restrictive shall apply.

Height. Shall have a maximum height of ten feet regardless of location on the property.

Signage. Warning signs that read: "Warning-Electric Fence" shall be installed at intervals of not less than thirty feet.

Material. Electrified security fences shall not include barbed wire, razor wire, ultra-barrier, and other similar materials.

Emergency Access.

Any associated alarm system shall be subject to Chapter 9.05 (Public Safety Alarm Systems).

An electrical disconnect device secured with a Police/Fire X-1 keyway or other approved means for emergency access by police and fire departments shall be provided at a location approved by the fire marshal.

(Ord. 24-04 § 2, 2024)

§ 17.42.010 Purpose.

Purpose. This chapter implements Government Code Section 65915, which requires the city to provide incentives for affordable housing, senior housing, and childcare facilities.

Conflicts. In the event of any conflict between this chapter and Government Code Section 65915, the provisions of the Government Code shall apply.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.020 Eligibility and requirements.

To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this zoning code, except as provided by Sections 17.42.050 (Allowed incentives or concessions), 17.42.090 (Reduced parking requirements), and 17.42.100 (Housing with childcare facilities).

If any portion of this chapter conflicts with any state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus laws.

Projects Entitled to a Density Bonus. Excluding any units allowed by the density bonus, the city shall grant one density bonus, the amount of which shall be specified in Section 17.42.050 (Allowed incentives and concessions), when an applicant for a housing development includes within that development at least any one of the following:

At least five percent of the dwelling units are for very low-income households;

At least ten percent of the dwelling units are for lower-income households;

At least ten percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093; provided, that all units in the development are offered to the public for purchase;

The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Section 798.76 or 799.5;

At least twenty percent of the dwelling units are in a student housing development for lower income students that meets the requirements of Government Code Section 65915;

One hundred percent of all the dwelling units in the housing development, including total units and density bonus units, but exclusive of a manager’s unit(s), are for lower-income house-holds, as defined in Health and Safety Code Section 50079.5, except that twenty percent of the units in the development, including total units and density bonus units, may be for moderate-income households; or

At least ten percent of the dwelling units are in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

The project donates at least one acre of land to the city for very low-income units and the land has the appropriate general plan designation, zoning, permits, and approvals, and access to public facilities needed for such housing.

Density Bonus Selection. For purposes of calculating the amount of the density bonus in compliance with Section 17.42.030 (Amount of density bonus), the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on subsection A of this section.

Bonus Units Shall Not Qualify. A density bonus granted in compliance with Section 17.42.050 (Allowed incentives and concessions), shall not be included when determining the number of dwelling units that are required by subsection A of this section.

Minimum Project Size. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments.

Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5.

Commercial Development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the director shall grant to the commercial developer a development bonus, in compliance with the following:

Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the city. Affordable housing may be contributed by the commercial developer in one of the following manners:

The commercial developer may directly build the dwelling units;

The commercial developer may donate a portion of the parcel or property elsewhere to the affordable housing developer for use as a site for affordable housing; or

The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.

Affordability Requirements. To qualify for a development bonus under this subsection, a commercial developer shall partner with a housing developer that provides at least thirty percent of the dwelling units for low-income households or at least fifteen percent of the dwelling units for very low-income house-holds.

Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that complies with the following:

Within the incorporated city;

Close to public facilities and services, including schools and employment centers; and

Within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b).

Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the city, that may include, but are not limited to, any of the following:

Up to a twenty percent increase in maximum allowable intensity in the general plan;

Up to a twenty percent increase in maximum allowable floor area ratio;

Up to a twenty percent increase in maximum height requirements;

Up to a twenty percent reduction in minimum parking requirements;

Use of a limited-use/limited-application elevator for upper floor accessibility; and/or

An exception to the standards established in this zoning code or other land use regulation.

Affordable Housing Fee. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.

Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subsection (F)(1) of this section, the city may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.030 Amount of density bonus.

If requested by the applicant, the city shall grant density bonuses in the amounts established in this section.

Density Bonus. A housing development that complies with the eligibility requirements established in Section 17.42.020 (Eligibility and requirements), shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

Very-Low Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus in accordance with Table 17.42-1 (Bonus for Very Low-Income Household Units).

Table 17.42-1 Bonus for Very Low-Income Household Units
Percentage of Very Low-Income Units Proposed	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35
12	38.75
13	42.5
14	46.25
15 — 44	50
100*	80

*	Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).

Low-Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-2 (Bonus for Low-Income Household Units).

Table 17.42-2 Bonus for Low-Income Household Units
Percentage of Low-Income Units Proposed	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
14	26
15	27.5
16	29
17	30.5
18	32
19	33.5
20	35
21	38.75
22	42.5
23	46.25
24 — 44	50
100*	80

*	Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).

Moderate-Income Density Bonus. A common interest housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-3 (Bonus for Moderate-Income Household Units).

Table 17.42-3 Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed	Percentage Density Bonus
10	5
11	6
12	7
13	8
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35
41	38.75
42	42.5
43	46.25
44	50
100*	80

*	Applies when one hundred percent of the total units, excluding manager’s units, are restricted to very low, lower, and moderate income (maximum twenty percent moderate).

Land Donation Density Bonus. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, in accordance with Table 17.42-4 (Bonus for Land Donation); provided, that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development approval. See Section 17.42.070 (Donations of land) for additional land donation requirements.

Table 17.42-4 Bonus for Land Donation
Percentage of Very Low-Income Units Proposed	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Senior Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of twenty percent of the number of senior housing units. No affordable units are required to qualify for this bonus.

Student Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) and Government Code Section 65915 shall be entitled to a density bonus of thirty-five percent of the student housing units. The term "unit," as used in this subsection, means one rental bed and its pro rata share of associated common area facilities.

Transitional Foster Youth, Disabled Veteran, or Homeless Persons Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Section 17.42.020(A) (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of twenty percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons.

Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this section.

Density Bonus Calculations. For the purpose of density bonus calculations:

Fractional units shall be rounded up to the next whole number, in compliance with state law.

The residential units do not have to be based upon individual subdivision maps or parcels.

The residential units shall be on contiguous parcels that are the subject of one development application.

The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower-income household are located.

Affordable housing projects shall choose a density bonus from only one affordability category (e.g., very low-income) and may not combine categories.

A density bonus for a senior housing project may not be combined with a density bonus for an affordable housing project.

A density bonus for the donation of land may be combined with density bonuses for affordable and senior housing. However, in no case may a total density bonus exceed thirty-five percent.

Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, rezone, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.040 Continued affordability.

The applicant shall agree to, and the city shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c):

Duration of Affordability. The applicant shall agree to, and the city shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows:

Very Low- and Low-Income Dwelling Units. The continued affordability of all very low- and low-income-qualifying dwelling units shall be maintained for fifty-five years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by city policy or ordinance.

Moderate-Income Dwelling Units in Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of ten years, or a longer time if required by city policy or ordinance.

Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Dwelling units for transitional foster youth, disabled veterans, or homeless persons shall be subject to a recorded affordability restriction of fifty-five years and shall be provided at the same affordability level as very low-income units.

Lower-Income Students in Student Housing Developments. The continued affordability of dwelling units for lower-income students in a student housing development shall be subject to a recorded affordability restriction of fifty-five years.

Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this subsection:

Lower-Income Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and

Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.

Occupancy and Resale of Moderate Income For-Sale Dwelling Units. An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale dwelling units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5. The city shall enforce an equity sharing agreement unless it conflicts with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement:

Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation.

The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this section:

The city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and

The city’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.050 Allowed incentives and concessions.

Applicant Request and City Approval. Applicants may request incentives and concessions as follows:

In compliance with this section, an applicant for a density bonus in compliance with this chapter and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in subsection D of this section (Types of Incentives), and may request a meeting with the director.

The applicant may file a request for incentives or concessions either before filing an application for city approval of a proposed project or concurrently with an application for project approval.

Consideration of Requested Incentive or Concession. The city shall grant the incentive or concession requested by the applicant unless the council makes a written finding, based on substantial evidence, of any of the following:

The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), 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 as specified in Government Code Section 65915(c).

The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health or 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-income and moderate-income households.

The incentive or concession would be contrary to state or federal law.

Number of Incentives or Concessions. In compliance with Table 17.42-5 (Number of Incentives and Concession), the applicant shall receive the number of incentives or concessions based on the percentage of affordable units in the proposed project.

Table 17.42-5 Number of Incentives and Concessions
Number of Incentives/Concessions	Very Low-Income Percentage	Lower-Income Percentage	Moderate-Income Percentage
1	5	10	10
2	10	17	20
3	15	24	30
4	100 (very low, low, moderate*)	100 (very low, low, moderate*)	100 (very low, low, moderate*)

*	Maximum twenty percent moderate dwelling units.

Types of Incentives. For the purposes of this chapter, "concession" or "incentive" means any of the following:

A reduction in the site development standards of this zoning code (e.g., parcel coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 17.42.090 (Reduced parking requirements)), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in Section 17.42.040 (Continued availability);

Approval of mixed-use land uses not otherwise allowed by this zoning code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

Other regulatory incentives proposed by the applicant or the city that will result in identifiable and actual cost reductions 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 as specified in Section 17.42.040 (Continued availability); and/or

In its sole and absolute discretion, a direct financial contribution granted by the council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted to require a general plan amendment, zoning amendment, study, or discretionary approval.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.060 Standards for affordable units.

All affordable units built under the provisions of this chapter shall meet the following requirements:

Concurrency. Affordable units shall be built concurrently with market rate units unless the city and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

Location. Affordable units shall be built on site wherever possible and, where practical, shall be dispersed within the housing development.

Unit Size. The average number of bedrooms of the affordable units shall be equivalent or greater to the bedroom mix of the housing development’s other units.

Design. The design and appearance of the affordable units shall be compatible with the design of the housing development.

Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as permitted by this chapter.

Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree to allow the production and operation of affordable units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.070 Donations of land.

An applicant shall be eligible for the increased density bonus for land donation provided all the following conditions established in this section are met:

Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units in the proposed development;

Minimum Size. The transferred land shall have an area sufficient to permit development of at least forty units;

Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate general plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities and infrastructure that are adequate to support the development;

Entitlements. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land;

Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, in compliance with Section 17.42.040 (Continued affordability). The restriction shall be recorded on the property at the time of dedication;

Recipient. The land shall be transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer;

Location. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development; and

Funding. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.080 Waivers or reductions of development standards.

Eligibility. An applicant who applies for a density bonus may also request a waiver or reduction of any development standard that would physically prevent the construction of the development project.

Development Standards Defined. Development standards shall include the following:

Development standards include any adopted city standard or regulation related to the physical location or type of construction, including but not limited to structure height, setbacks, parking, floor area ratio, and the placement of public works improvements.

As defined in this section, development standards do not include land use regulations, permitting procedures, inclusionary housing requirements, or development impact fees.

Number of Waivers or Reductions. Requested waivers and reductions shall comply with the following:

There shall be no limit to the number of waivers or reductions available to an applicant.

The approval of waivers or reductions shall neither reduce nor increase the number of incentives available to a project established in Section 17.42.050 (Allowed incentives and concessions).

Justification of Approval. The city shall approve the requested waiver or reduction if the applicant can demonstrate that it is physically impossible to construct the project without the waiver or reduction.

Provisions of Waivers or Reductions. The city shall approve the requested waiver or reduction, unless the city makes a written finding, based upon substantial evidence, of either of the following:

The waiver or reduction 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 there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households.

The waiver or reduction is contrary to state or federal law.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.090 Reduced parking requirements.

Applicability. This section applies to a development that meets the requirements of Sections 17.42.020 (Eligibility and requirements) and 17.42.040 (Continued affordability), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.42.050 (Allowed concessions and incentives) through either a modification, variance, or other modification process approved by the director. A request in compliance with this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled as established in Section 17.42.050 (Allowed concessions or incentives).

Maximum Parking Requirements. At the request of the applicant, the city shall not require more than the parking ratios established in Table 17.42-6 (Maximum Parking Requirements) for a density bonus project, inclusive of parking for persons with disabilities and guest parking.

Table 17.42-6 Maximum Parking Requirements
Dwelling Type/Number of Bedrooms	Parking Spaces
Studio	1
1 Bedroom	1
2 Bedroom	1.5
3 Bedroom	1.5
4+ Bedroom	2.5

Special Parking Requirements. At the request of the applicant, the city shall allow reduced parking ratios (inclusive of parking for persons with disabilities and guest parking) for the project types established in Table 17.42-7 (Special Parking Requirements).

Table 17.42-7 Special Parking Requirements
Project Type	Parking Spaces (spaces per unit)
Rental/for-sale projects with at least eleven percent very low-income or twenty percent lower-income units, within one-half mile of accessible⁽¹⁾ major transit stop.	0.5
Rental projects one hundred percent affordable to lower-income, within one-half mile of accessible⁽¹⁾ major transit stop.	0
Rental senior⁽³⁾ projects one hundred percent affordable to lower-income, either with paratransit service or within one-half mile of an accessible⁽¹⁾ bus route.⁽²⁾	0
Rental special needs projects one hundred percent affordable to lower-income households, either with paratransit service or within one-half mile of accessible⁽¹⁾ bus route.⁽²⁾	0
Rental supportive housing developments one hundred percent affordable to lower income households.	0

⁽¹⁾	Access to major transit stops shall be unobstructed and without natural or constructed impediments. In compliance with Government Code Section 65915, "natural or constructed impediments" includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
⁽²⁾	Bus routes shall be fixed and operate at least eight times per day.
⁽³⁾	Sixty-two years of age or older in compliance with Civil Code Sections 51.2 and 51.3.

Parking Study. If the city, or an independent consultant, has conducted an area-wide or citywide parking study in the last seven years, then the city may impose a higher vehicular parking ratio based upon substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low-income individuals, including seniors and special needs individuals. The city shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.

Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

Parking Space Calculation. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.100 Housing with childcare facilities.

Housing Developments Childcare Facilities. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Section 17.42.020 (Eligibility and requirements) and includes as part of that development a childcare facility that will be located on the site of, as part of, or adjacent to the housing development, the city shall grant either an additional density bonus or an additional incentive or concession.

Bonuses and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section one of the following:

An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or

An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.

Determination of Adequate Childcare Facilities. The city shall not be required to provide a density bonus or concession for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

Commercial Developments Childcare Facilities. An applicant for a commercial development project, containing at least fifty thousand square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least two thousand square feet of interior floor area and three thousand outdoor square footage to be used for a childcare facility, in compliance with Government Code Section 65917.5.

Bonuses and Incentives. The city shall grant a commercial development that includes a childcare facility in compliance with this section one of the following:

A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or

A maximum of ten square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility.

Qualifications Requirements. Childcare facilities shall be subject to the following:

For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable state childcare licensing requirements shall be considered.

The childcare facility shall be of a sufficient size to comply with all applicable state licensing requirements to accommodate at least forty children.

This facility may be located either on the project site or may be located off-site as agreed upon by the applicant and the city.

If the childcare facility is not located on the site of the development project, the city shall determine whether the location of the facility is appropriate and whether it complies with the purpose and intent of this section.

The granting of a density bonus shall not preclude the city from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.110 Application and review.

Application. An application for a density bonus or donation of land for housing shall be filed and processed in compliance with this chapter as part of entitlement application. Approval of density bonus shall be determined by the planning commission consistent with noticing and review process. If desired, a request for specific incentives or concessions, listed in Section 17.42.050 (Allowed incentives or concessions), may be filed in compliance with Government Code Section 65915.

Determination. Within thirty days of filing the application, the director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:

The amount of the density bonus for which the project is eligible;

The parking ratio for which the project is eligible, if requested; and

Whether the applicant has provided enough information for the city to make a determination as to the requested incentives or concessions, if incentives or concessions are requested.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.42.120 Density bonus housing agreement.

Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the city in the city’s standard form of agreement.

Agreement Provisions. Density bonus request shall comply with the following agreement provisions:

Project Information. The agreement shall include at least the following information about the project:

The total number of dwelling units approved for the housing development, including the number of designated dwelling units;

A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with the United States Department of Housing and Urban Development Guidelines;

The marketing plan for the affordable dwelling units;

The location, size (square feet), and number of bedrooms of the designated dwelling units;

Tenure of the use restrictions for designated dwelling units of the time periods required by Section 17.42.040 (Continued affordability);

A schedule for completion and occupancy of the designated dwelling units;

A description of the additional incentives and concessions being provided by the city;

A description of the remedies for breach of the agreement by the owners, developers, and/or successors in interest of the project; and

Other provisions to ensure successful implementation and compliance with this chapter.

Minimum Requirements. The agreement shall provide, at minimum, that:

The developer shall give the city the continuing right of first refusal to lease or purchase any or all the designated dwelling units at the appraised value;

The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors in interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;

When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low-and very low-income households, as published by the United States Department of Housing and Urban Development;

The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;

In any action taken to enforce compliance with the deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all the city’s costs of action including legal services; and

Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

Conditions by Project Type. Conditions for density bonus request shall comply with the following:

For-Sale Housing. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:

Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:

Restricts the sale of the unit in compliance with this chapter, or other applicable city policy or ordinance, during the applicable use restriction period;

ii.

Contains provisions as the city may require ensuring continued compliance with this chapter and state law; and

iii.

Shall be recorded against the parcel containing the designated dwelling unit.

Rental Housing. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

The applicable use restriction period shall comply with the time limits for continued availability in Section 17.42.040 (Continued affordability).

Moderate-Income Housing. In the case of affordable units for moderate-income households, the density bonus housing agreement shall provide for the following requirements:

The initial sale of each affordable unit shall be to a household that meets the income requirement for the affordable unit.

When the initial purchaser sells the unit, the initial purchaser shall retain the value of any improvements, the down payment, and the value of the unit’s appreciation, less the city’s share of the appreciation.

When the initial purchaser sells the unit, the city shall receive a share of the unit’s appreciation equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. The city shall use this share of appreciation for any of the purposes established in Health and Safety Code Section 33334.2(e).

Childcare Facility. In the case of childcare facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:

Operating duration requirements for the childcare facility, such that the childcare facility shall remain in operation for as long as or longer than the period during which the density bonus units are required to remain affordable.

Provisions requiring that for children who attend the childcare facility, the percentage of children from the income group associated with the development’s affordable units shall be equal to or greater than the minimum percentage of affordable units that shall be provided for that income group to receive a density bonus to the requirements of this section.

Agreement Execution. Agreements shall be executed as follows:

Following the council’s approval of the agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units.

The approval of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed, before the issuance of building permits for the project. Recordation of the agreement shall take place as soon as possible after the approval of any required final map or, where a map is not being processed, before the issuance of any building permit for the project.

The agreement shall be binding on all future owners, developers, and/or successors in interest.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.010 Purpose and intent.

The purpose of this chapter is to expressly prohibit the cultivation of marijuana and marijuana dispensaries in all zones to protect the public peace, health, safety, and general welfare of the city’s citizens except as authorized under Chapter 8.28.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.020 Findings.

The council hereby finds that the cultivation of marijuana significantly impacts, or has the potential to significantly impact, the city. These impacts include damage to structures in which cultivation occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of home-invasion robberies, and similar crimes and nuisance impacts to neighboring properties from the strong and potentially noxious odors from the plants, and increased crime.

According to the chief of police, marijuana grows have been operating in the surrounding cities and the county of Fresno for several years and have been the subject of armed robberies with shots fired, incidents with juveniles and young adults, trespass, theft, and arrests for violation of both state and federal laws, including seizure of illegal firearms. There has been some cultivation within the city and cultivation is likely to increase as surrounding cities and the county of Fresno have banned or are banning cultivation. Marijuana cultivation attracts crime and associated violence and is harmful to the safety and welfare of the city and its residents and constitutes a public nuisance.

Marijuana cultivation in the city poses a threat to the public peace, health and safety. Many marijuana grows have emerged in the city which are very visible to the public, and easily accessible to the public, including children and youths. There is a threat of violent crime due to the size, location, and monetary value of these mature marijuana grows.

It is acknowledged that the voters of the state of California have provided a limited criminal defense to the cultivation, possession, and use of marijuana for medical purposes through the adoption of the Compassionate Use Act in 1996 in compliance with Proposition 215 and codified as Health and Safety Code Section 11362.5. The Compassionate Use Act (CUA) does not address the land use or other impacts that are caused by the cultivation of marijuana.

The CUA is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA), commencing with Health and Safety Code Section 11362.7, is also limited in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering, or distributing marijuana.

Neither the CUA and MMPA nor the California Constitution creates a right to cultivate medical marijuana.

It is critical to note the CUA and MMPA do not abrogate the city’s powers to regulate for public health, safety, and welfare. Health and Safety Code Section 11362.5(b)(2) provides that the CUA does not supersede any legislation intended to prohibit conduct that endangers others. In addition, Health and Safety Code Section 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with MMPA.

The council finds that neither the CUA nor the MMPA preempts the city’s exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety, and welfare, such as this zoning code, prohibiting marijuana cultivation and dispensaries in all zones.

Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision. Furthermore, the Federal Controlled Substances Act makes it unlawful for any person to cultivate, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. The city does not wish to be in violation of federal law.

In 2013, the California Supreme Court confirmed that cities have the authority to ban medical marijuana land uses (City of Riverside v. Inland Empire Patients Health and Wellness Center (2013) 56 Cal. 4th 729).

Under the Federal Controlled Substances Act, codified in 21 U.S.C. Section 801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need.

On October 9, 2015, Governor Jerry Brown signed into law three bills — AB 243, AB 266 and SB 643 — which together form the Medical Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA, which became effective January 1, 2016, creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.

In addition to creating these state controls, the MMRSA preserves the city’s authority to prohibit, regulate and/or license medicinal marijuana uses within its jurisdiction, as it expressly provides in the MMRSA. (Business and Professions Code Sections 19315(a), 19316, and 19316(c).)

The MMRSA further expressly allows local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4)).

The MMRSA requires a local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m), from operating within the local government’s boundaries to enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a)).

Under the dual licensing system created by the Act, before any kind of medical marijuana license is issued by the state, the applicant must have obtained the necessary local license and/or permit for the requested marijuana-related use.

In compliance with the statutes created by the Act, local jurisdictions that adopt a ban on medicinal marijuana dispensaries and/or cultivation will effectively have a veto over whether a state license for the locally regulated activities can be issued (Business and Professions Code Sections 19312 and 19320(b); Health and Safety Code Section 11362.777(b)(1)).

The city hereby reaffirms and confirms that the city’s zoning code is adopted and operates under the principles of permissive zoning, meaning that any land use not specifically authorized or identified in the zoning code is prohibited. California Health and Safety Code Section 11362.777(b)(3) expressly provides that the Department of Food and Agriculture may not issue a state license to cultivate medical marijuana within a city that prohibits cultivation under the principles of permissive zoning. Notwithstanding this, and without waiving any rights pursuant to its permissive zoning, the adoption of prohibitions of marijuana cultivation and dispensaries is in the interest of the city.

Several California cities have reported negative impacts of marijuana cultivation, processing, and delivery and/or distribution activities, including but not limited to offensive odors, the illegal sale and distribution of marijuana, and public health concerns including fire hazards and problems associated with mold, fungus, and pests.

Due to the value of marijuana plants and their strong smell (which alerts others to their locations), marijuana cultivation creates an increased risk to public safety and/or an "attractive nuisance."

The indoor cultivation of marijuana has potential adverse effects to the structural integrity of the structures in which it is cultivated, and the use of high wattage grow lights and excessive use of electricity increases the risk of fire, which presents a clear and present danger to the structure and its occupants.

The Attorney General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

Based on the experiences of other cities, the foregoing negative effects on the public health, safety, and welfare would be likely to occur in the city due to marijuana cultivation and dispensaries and their associated activities.

The council held a public hearing on February 17, 2016, and duly considered staff reports, commission recommendations, and public comments.

The city has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses and in preserving the peace and quiet of the neighborhoods in which marijuana is currently grown.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.030 Definitions.

For purposes of this chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

"Cultivation"

means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.

"Marijuana"

means all parts of the plant Cannabis sativa L., whether growing or not, and includes medical marijuana.

"Medical marijuana"

means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.

"Collective, cooperative, or dispensary"

means a collective, cooperative, dispensary, operator, establishment, provider, association or similar entity that cultivates, distributes, delivers, or processes marijuana for medical purposes relating to a qualified patient or primary caregiver, pursuant to the Compassionate Use Act and the Medical Marijuana Program Act.

"Primary caregiver"

means a primary caregiver as defined in Health and Safety Code Section 11362.7.

"Qualified patient"

means a qualified patient as defined in Health and Safety Code Section 11362.7.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.040 Relationship to other laws.

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. This chapter shall be interpreted to be compatible and consistent with federal, county, and state enactments and in furtherance of the public purposes which those enactments express. This chapter will supersede any other provisions of the municipal code found to be in conflict.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.050 Prohibition of marijuana cultivation.

Marijuana cultivation by any person, including primary caregivers, qualified patients, collectives, cooperatives, or dispensaries, is prohibited in all zones within the city.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.060 Consumption of medical marijuana.

No on-site consumption of medical marijuana shall occur except by a qualified patient or person with an identification card who lives on the property as their principal place of residence.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.070 Dispensary as a prohibited use.

A dispensary is a prohibited use in all zoning districts city-wide.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.080 Public nuisance declared.

Any use or condition caused or permitted to exist within any zone of the city in violation of the provisions of this chapter is hereby declared a public nuisance. The city will avail itself of all available legal remedies to abate the nuisance.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.090 Violation and penalty.

A violation of this chapter is subject to the provisions in Chapters 1.18, 1.20, and 8.32 relating to code enforcement authority of the city, public nuisances, and cost recovery by city.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.44.100 Severance.

If any section, subsection, phrase, or clause of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.46.010 Purpose and intent.

The purpose of this chapter is to provide architectural and site design standards for mixed-use and multi-unit residential dwelling development projects (referred to as "projects" or the "project"). It is the intent of these standards to provide applicants and property owners with a clear understanding of the city’s expectations for development. The objective design standards also further the goals, policies, and programs of the general plan, which encourage high quality design and streamlining of housing development.

The standards contained in this chapter are written as requirements, rather than guidelines; therefore, all qualifying mixed-use and multi-unit residential projects applying for streamlined approval in accordance with Section 17.46.020 (Applicability) shall comply with each standard contained in this chapter. Proposed projects shall also comply with all applicable development requirements in the municipal code, including but not limited to building permit requirements, zoning code requirements, grading permit requirements, and development standards such as height, setbacks, floor area ratio, etc.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.46.020 Applicability.

Applicability. The standards established in this chapter shall apply to the following projects which qualify for ministerial streamlined approval in accordance with Government Code Section 65913.4:

Mixed-Use. A structure consisting of residential and nonresidential uses (e.g., commercial retail, retail service, office, civic, and institutional) with at least two-thirds of the square footage designated for residential use, transitional housing, or supportive housing.

Multi-Unit Residential Dwelling. A residential structure containing two or more residential dwelling units, each of which is for the occupancy by one or more persons, including duplexes, triplexes, fourplexes, apartments, condominiums, and townhouses.

Objective Standards. As defined by Government Code Section 65913.4, objective design standards are standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The standards established in this chapter shall be mandatory for all projects identified in subsection A of this section for which a streamlined approval process is requested pursuant to Government Code Section 65913.4. Projects seeking exceptions or deviations to the standards contained herein, or projects which do not qualify for a streamlined approval process, shall be subject to existing discretionary design review process and development standards established by this zoning code.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.46.030 Approval authority.

The director shall use the standards established in this chapter to review and approve developments that meet all the criteria established in Government Code Section 65913.4. The director’s approval can be appealed in compliance with Chapter 17.114 (Appeals).

(Ord. 24-01 § 2(Exh. A-1))

§ 17.46.040 Site planning and design.

Structure Orientation and Location. Eligible projects shall comply with the following structure orientation and location standards:

Orientation of Structures. Project structures that are not adjacent to the street shall be oriented to create internal courtyards, open space, and/or paseos.

Separation Between Multiple Structures. There shall be a minimum of fifteen feet between structures. The space between structures shall be unobstructed, accessible to all residents, and include sidewalks, sitting areas, or live plantings.

Staggered Setback. Multiple structures located parallel to a public right-of-way shall have a staggered setback for each structure with a minimum variation of three feet as measured from the property line abutting the public right-of-way.

Controlled Vehicular Entries. Controlled vehicular entries (e.g., gates, boom barrier, guard booth) shall be located a minimum of twenty feet from the property line to provide adequate stacking space for vehicles entering the site/parking structure.

Residential Adjacencies. The side and rear walls of any structure within fifteen feet of a required setback area shall be limited to maximum height of fifteen feet higher than the directly adjacent existing residential structure, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight feet along the entire facade. There is no setback requirement for structures located more than fifteen feet away from the required setback line.

Entries, Stairwells. Eligible projects shall comply with the following entry and stairway standards:

Residential Entries. Residential units that are not adjacent to the street shall have front entries that are oriented to common areas such as paseos, courtyards, parking areas, and active landscape areas.

Entryway Design. Street facing entries shall be accentuated by a minimum of one of the following:

A change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb;

An increase in roof height of at least one foot to accentuate the entry; or

Wood, stone, tile, or brick accent materials covering a minimum of thirty percent of the entryway wall surface area, inclusive of windows and doors.

Exterior Stairwells. Exterior stairwells shall not be oriented to the street. For safety and security, exterior stairwells shall face interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and shall not be separated from these areas by landscaping, fences, or walls taller than three feet.

Entry Connection. All structure entries shall be connected to a public sidewalk by a pedestrian walkway a minimum of five feet in width.

Garage Doors. For projects containing five or more units, garage doors shall not face a public street(s) but may be oriented toward an alley or a private street/driveway that is internal to the project.

Commercial/Office Units. Commercial/office unit entrances shall face the street, a parking area, or an interior common space.

Residential Units. Residential units in a mixed-use development shall be located on the upper floors of any elevation that faces a public street with residential access provided through a separate entry along each street frontage or a single entry at the corner.

Parking and Circulation. Eligible projects shall comply with the following parking and circulation standards:

Vehicular Circulation. All parking areas shall be internally connected and shall use shared driveways within the development.

Corner Parcel Parking Location. Projects located on corner parcels shall locate parking facilities to the side or rear of the parcel (opposite the side facing the street).

Parking Facility Screening. Parking areas, both covered and uncovered, shall be screened from all public street frontages by incorporating evergreen landscaping or a planted earth berm with a minimum height of three feet.

Parking Areas Adjacent to Structures. Parking areas adjacent to residential structures shall be separated by a walkway a minimum of five feet in width and a landscape strip a minimum of seven feet in depth.

Parking Space Location. Parking spaces shall be located a minimum of fifteen feet from any curb cut entering the parcel to provide adequate ingress/egress. The distance shall be measured from the property line to the first parking space.

Carports. Carports shall be painted with the approved color palette for the project.

Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planting strip.

Parking Area Landscaping. Uncovered parking areas shall provide minimum of one fifteen-gallon size tree for every six consecutive parking stalls. Trees shall be provided in tree wells with a minimum interior size of six feet by six feet.

Parking Facing a Public Street. For all parking facing a public street, including surface parking, carports, and garages, but excluding underground parking and parking located behind structures, the total width of parking visible from the street shall not exceed zero percent of any public street frontage. For corner lots, this standard shall only apply to the primary street frontage.

Lighting. Eligible projects shall comply with the following lighting standards:

Lighting Type and Color. All exterior lighting shall use light emitting diodes (LEDs) with a maximum color temperature of three thousand five hundred kelvins.

Lighting Required. All entryways, porch areas, pathways, and gates shall include lighting for safety and security.

Lighting Required. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall be illuminated from one-half hour before dusk until one-half hour after dawn.

Parking Fixture Height. The maximum height of parking lot light fixtures shall not exceed fifteen feet when abutting a residential development. Otherwise, the parking lot light fixtures shall be a maximum of twenty feet.

Lighting Spill. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto or be directed toward adjacent properties.

Utility and Service Areas. Eligible projects shall comply with the following utility and service standards:

Screening. All exterior mechanical and electrical equipment shall be incorporated into the design of the structure or screened from public view using walls, fencing, or landscaping. Mechanical or electrical equipment includes, but is not limited to, roof-mounted equipment, air conditioners and condensers, utility meters, irrigation control valves, electrical transformers, utility meters, cable, and telephone equipment.

Refuse Enclosures. Trash, recycling, organic waste, and green waste bins and dumpsters shall be consistent with fire and building codes and shall be housed in a covered refuse enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider requirements.

Refuse Enclosure Materials and Colors. Refuse enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development.

Refuse Enclosure Access. Refuse enclosures shall have both a vehicular access gate with a concrete apron, and a pedestrian entrance. Gates shall be opaque. Access shall conform to solid waste provider requirements.

Open Space. Eligible projects shall comply with the following open space standards:

Private Open Space. All dwelling units in a project shall include private open space in compliance with the following:

Private open space shall be provided in the form of a private yard, porch, balcony, roof garden, or patio.

Private open space shall be contiguous to the dwelling unit it serves.

Private open space located at ground level shall be a minimum of one hundred twenty square feet in area with a minimum dimension of ten feet in width and depth.

Private open space located above ground level shall be a minimum of sixty square feet in area with a minimum dimension of six feet in width and depth.

Common Open Space. All projects shall include common outdoor open space in compliance with the following:

Projects shall provide common outdoor open space with amenities in accordance with subsection (F)(3) of this section, and Table 17.46-1 (Outdoor Amenities).

Common outdoor open space shall be unobstructed, accessible to all residents of the structure it serves, and shall have no dimension less than ten feet in any direction.

Internal courtyards and common areas shall be visible from the street, parking areas, pedestrian pathways, and/or interior structure entries.

Paved areas shall not exceed fifty percent of the required front or street side setback area.

Outdoor Amenities. Projects shall provide outdoor amenities according in compliance with Table 17.46-1 (Outdoor Amenities). Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area.

Passive Amenities. Passive amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/plaza. Each passive amenity area shall include a minimum seating capacity of one for each ten units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table.

Active Amenities. Active recreation amenities include playgrounds, tot lots, sport court or field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse with associated kitchen, recreation hall, or community room.

Table 17.46-1 Outdoor Amenities
Number of Units in Project	Required Passive Recreational Amenities	Required Active Recreational Amenities
2 — 10	2 with a minimum area of 200 sq. ft. total	0
11 — 30	2 with a minimum area of 300 sq. ft. total	1 with a minimum area of 500 sq. ft. total
31 — 60	2 with a minimum area of 400 sq. ft. total	2 with a minimum area of 800 sq. ft. total
61 — 100	2 with a minimum area of 500 sq. ft. total	2 with a minimum area of 1,000 sq. ft. total
101+	2 with a minimum area of 600 sq. ft. total	2 with a minimum area of 1,500 sq. ft. total

(Ord. 24-01 § 2(Exh. A-1))

§ 17.46.050 Architectural design.

Massing and Articulation. Eligible projects shall comply with the following massing and articulation standards:

Maximum Structure Length. Structures shall not exceed two hundred feet in length on any facade.

Horizontal Articulation. Horizontal (or depth) articulation refers to the structure modulation by stepping a portion(s) of the facade forward or backward from the predominant structure plan facade. At least one of the following features shall be integrated into the project design:

Variations in wall plane with a minimum facade break of four feet in width, and two feet in depth for every thirty feet of facade length;

Vertical elements such as pilasters, that protrude a minimum of one foot from the wall surface and extend the full height of the structure;

Step back the ground floor a minimum of two feet; or

Projections of recession every thirty linear feet with a minimum width of two feet, a minimum height of eight feet, and a minimum depth of two feet.

Vertical Articulation. Vertical (or height) articulation refers to the modulation of a structure by stepping a portion(s) of the facade upward or downward from the predominant structure height. All the following features shall be integrated into structure design:

Rooflines shall be vertically articulated at a minimum of forty-foot intervals along the street frontage with a change in height a minimum of two feet;

Rooflines shall include architectural elements such as parapets, varying cornices, clerestory windows, gables, or dormers; and

In structures with four or more floors, the top floor(s) of the structure shall be set back a minimum of five feet from the remainder of the facade.

Facade Design. Eligible projects shall comply with the following facade design standards:

Facade Transparency. At least sixty percent of the ground floor, street facing walls of nonresidential units shall include transparent window or door glazing between two and ten feet in height from grade, providing unobstructed views into the nonresidential space. Where it is infeasible to provide glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping with a minimum dimension of eighteen inches in depth and a width equivalent to seventy percent of the wall shall be provided to soften the appearance of a blank wall on the ground floor.

Blank Walls. To avoid the appearance of blank walls, street-facing and publicly visible walls shall incorporate a minimum of one of the follow features:

A change in contrasting color or material a minimum of every thirty feet;

Bay windows, box windows, or other similar projecting windows that project a minimum of one foot from the structure facade a minimum of every fifteen feet;

Above ground balconies located a minimum of one every thirty feet on each floor;

Horizontal or vertical reglets or stucco control joints located a minimum of one every thirty feet (horizontal or vertical); or

Horizontal or vertical accent lines that project a minimum of two inches from the structure facade a minimum of every twenty feet.

Colors and Materials. Eligible projects shall comply with the following color and material standards:

Colors. Structures shall have a color palette that consists of at least two body colors and two accent colors (not including roof color). Projects with two or more residential structures shall include a minimum of two color palettes and shall not use a single color palette on more than seventy percent of the residential structures. Stone, brick, and rock facades shall not be painted.

Primary Wall Finish Material. The primary wall finish covering the largest percentage of surface of any structure’s face or elevation shall be wood, stone brick, stucco, or fiber cement or other cementitious material. T1-11 siding and all grooved or patterned wood panels or composite wood siding are prohibited.

Wrap-Around Materials. Exterior finish materials shall wrap structure corners and terminate at an inside corner or logical termination point, such as structure trim.

Windows and Doors. Eligible projects shall comply with the following window and door standards:

Windows and doors shall include a trim with a minimum width of four inches and shall protrude from the wall plane a minimum of three-quarters of an inch. Stucco-textured foam trim molding shall be allowed only on the second floor or above.

In lieu of exterior window trim, windows can be recessed from the wall plane by a minimum of three inches.

Fences and Walls. Eligible projects shall comply with the following fence and wall standards:

Allowed Fence and Wall Materials. Acceptable wall and fence materials include masonry, brick, wrought iron, or other tubular metal materials, and wood (excluding plywood or other composite panels less than five-eighths inches thick). Chain link, barbed wire/concertina wire, and electric fencing is prohibited.

Wall Variation Required. To minimize long, uninterrupted walls, the design of the structure shall include a minimum of one of the following:

Walls facing a public street shall have variations in wall plane with a minimum break of six feet in width, and two feet in depth for every fifty feet of wall length;

Walls shall incorporate a trim cap and shall incorporate decorative pillars at minimum distance every thirty feet.

Pedestrian Connections. Where walls are located adjacent to a street frontage, a minimum of one pedestrian connection along each street frontage shall be provided. Where such connection is provided, a minimum opening of fifteen feet in width or twice the height of the wall shall be provided, whichever is less. Gates are not required.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.010 Purpose.

The purpose of this chapter is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the city by setting standards for all retail activity which includes the sale or dispensing of alcoholic beverages for on-sale liquor or off-sale liquor. Uses that involve the sale or dispensing of alcoholic beverages may possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when alcoholic beverage sales are concentrated in proximity. To ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide a mechanism to prevent and correct any associated problems, the following special regulations shall apply.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.020 Applicability.

Conditional Use Permit Requirement. Businesses seeking to sell or dispense alcoholic beverages for either on-site or off-site consumption, whether as a new, altered, or expanded use, shall obtain a conditional use permit for alcohol beverage sales pursuant to this chapter.

New or Expanded Use. A conditional use permit in compliance with this chapter shall be required for:

Any proposed new establishment that wishes to engage in alcohol beverage sales as defined in Chapter 17.120 (Definitions);

Any existing establishment that requests to modify its alcohol or business license type(s);

Any existing establishment that requests to reinstate their ABC license from the California Department of Alcohol Beverage Control after an expiration or revocation;

Any existing establishment that requests to extend their hours of alcohol sales, or expand their floor area for retail sales of alcohol. An existing business that expands their floor area for non-alcohol-related retail sales is allowed to retain the conditions of their existing conditional use permit in relation to alcohol requirements. Should a business not comply with the strict application of the regulations provided for in this chapter, said improvements shall be made prior to commencing the sale of alcoholic beverages. Violation of these standards at any time may result in the revocation of a conditional use permit.

Exemptions. This chapter does not apply to the following: temporary uses issued a temporary license by the California Department of Alcoholic Beverage Control and established in compliance with all city laws and ordinances.

The planning commission shall take into consideration the police chief’s determination based upon quantifiable information, that the proposed use:

Will be detrimental to the public health, safety, comfort, or welfare of persons located within five hundred feet of the site; or

Will significantly increase the severity of existing law enforcement or public nuisance problems in the area (i.e., increase in service calls related to public intoxication nuisance, vagrancy, loitering).

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.030 Modifications to existing businesses.

A modification to an existing alcohol beverage sales business increasing the floor ratio for alcohol sales shall not be permitted when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area. In this section, the term "increasing the floor area ratio" also includes adding outdoor dining.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.040 Location standards for new businesses.

The location restrictions listed in this chapter apply to new establishments and shall also apply to existing establishments that must obtain a conditional use permit in compliance with this chapter due to proposed expansion or improvement of an existing use that is currently operating prior to the effective date of this chapter. The restrictions shall not apply if the proposed expansion or improvement is only with respect to a necessary maintenance or repair or bringing the existing establishment into compliance with current building codes, including but not limited to the California Building Code, the California Fire Code, California Plumbing Code, and the California Electrical Code, as may be amended and any local amendments thereto.

New On-Sale. In overconcentrated census tracts, where findings for public convenience or necessity are required for an on-sale ABC license, no new ABC licenses shall be allowed within five hundred feet of the property line of a school, day care facility, or place of assembly.

New Off-Sale. In overconcentrated census tracts, where findings for public convenience or necessity are required for an off-sale ABC license the following limitations shall apply:

Not more than two of different business type/use within five hundred feet of each other shall be permitted (i.e., grocery store, convenience store);

Not more than two of the same land use within one thousand feet of each other shall be allowed (i.e., convenience store, convenience store);

No new off-sale ABC licenses shall be allowed within one thousand feet of a school, day care facility, or place of assembly.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.050 Operational standards.

The following standards of operation shall constitute conditions of approval for conditional use permits under this chapter and include, but are not limited to:

Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.

Litter and Graffiti.

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

The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within twenty feet of the premises.

The owner or operator shall remove graffiti within forty-eight hours.

Vending Machines. External snack vending machines are prohibited.

Video Surveillance.

Establishments must equip a fully functional color digital video camera system.

The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

The system shall have the correct date and time stamped onto the image at all times.

The camera storage capacity should be for at least fourteen days. Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.

If using a digital video recorder, it must be capable of storing no less than fourteen days of real-time activities.

The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Kerman police department within twenty-four hours of the initial request relating to a criminal investigation only.

The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.

There shall be four exterior cameras placed to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and/or vehicles utilizing the business parking lot.

All interior cameras shall record in color.

10.

All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

Loitering and Other Nuisance Activities. The operation of the business shall not result in criminal activity or repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of city, state, or federal laws, especially when contributing to a high rate of police reports and arrests in the area. This section shall not apply to operators where offenses are the result of third-party conduct beyond the operators’ control.

Training. The owners and all employees of a business who are involved in the sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the conditional use permit becomes final, or for employees hired after the approval of the conditional use permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the state of California.

(Ord. 24-01 § 2(Exh. A-1))

§ 17.50.060 Signs.

The provisions specified under Chapter 17.30 (Sign Regulations) and this section shall apply to signage for conditional use permits in compliance with this chapter. Where conflicts may occur between the provisions of Chapter 17.30 (Sign Regulations) and this section, the more restrictive provision shall govern.

The following copy is required to be prominently posted in a readily visible manner on the business site:

"California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age."

"No Loitering Is Allowed On or In Front of These Premises."

"No Open Alcoholic Beverage Containers Are Allowed on These Premises." (Off-sales only)

No more than fifteen percent of the total window and clear door shall be obstructed by advertising, signs, or other obstructions of any sort.

Signage, advertising, or other obstructions inside or outside the business that are not physically attached to the windows or doors, but are visible from a public thoroughfare, side-walk, or parking lot in the same manner as if they were physically attached, are included in the fifteen percent limitation.

Any signage required by law shall not count towards the fifteen percent limitation, but shall nonetheless follow rules related to visual obstruction.

Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.

No off-sale ABC business shall advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.

Displays of alcoholic beverages, freestanding advertising structures of any kind such as cardboard floor stands, or other freestanding signs shall be prohibited within ten feet of consumer entrance points, shall not be visible from the exterior of the establishment, and shall be prohibited on the exterior of the establishment.

All other signage shall adhere to the requirements in Chapter 17.30 (Sign Regulations). All permanent on-building signage associated with alcoholic beverage sales businesses shall be LED pan channel letters or of equal or better quality.

(Ord. 24-01 § 2(Exh. A-1))

Kerman City Zoning Code

Division IV

§ 17.40.010 Accessory dwelling unit (ADU).

§ 17.40.020 Recycling facilities.

§ 17.40.030 Emergency shelter.

§ 17.40.040 Home occupation.

§ 17.40.050 Mobile home park.

§ 17.40.060 Mobile and temporary office structures.

§ 17.40.070 Wireless telecommunication tower, antennas, and structures.

§ 17.40.080 Electrified security fences.

§ 17.42.010 Purpose.

§ 17.42.020 Eligibility and requirements.

§ 17.42.030 Amount of density bonus.

§ 17.42.040 Continued affordability.

§ 17.42.050 Allowed incentives and concessions.

§ 17.42.060 Standards for affordable units.

§ 17.42.070 Donations of land.

§ 17.42.080 Waivers or reductions of development standards.

§ 17.42.090 Reduced parking requirements.

§ 17.42.100 Housing with childcare facilities.

§ 17.42.110 Application and review.

§ 17.42.120 Density bonus housing agreement.

§ 17.44.010 Purpose and intent.

§ 17.44.020 Findings.

§ 17.44.030 Definitions.

§ 17.44.040 Relationship to other laws.

§ 17.44.050 Prohibition of marijuana cultivation.

§ 17.44.060 Consumption of medical marijuana.

§ 17.44.070 Dispensary as a prohibited use.

§ 17.44.080 Public nuisance declared.

§ 17.44.090 Violation and penalty.

§ 17.44.100 Severance.

§ 17.46.010 Purpose and intent.

§ 17.46.020 Applicability.

§ 17.46.030 Approval authority.

§ 17.46.040 Site planning and design.

§ 17.46.050 Architectural design.

§ 17.50.010 Purpose.

§ 17.50.020 Applicability.

§ 17.50.030 Modifications to existing businesses.

§ 17.50.040 Location standards for new businesses.

§ 17.50.050 Operational standards.

§ 17.50.060 Signs.