A.   Maximum Projection Allowed. Notwithstanding any other subsection of this section, no projection may extend closer than three (3) feet to an interior lot line. No projection may extend into a public utility easement.

   B.   Architectural Projections. Cornices, canopies, eaves, sills, buttresses or similar architectural features, chimneys and fireplaces not exceeding eight (8) feet in width, cantilevered bay windows not exceeding ten (10) feet in width, and planting boxes shall not extend closer than three (3) feet to any side or rear lot line or three (3) feet into any front yard unless further restricted by the Building Code.

   C.   Fire Escapes. Fire escapes, required by law, ordinance, or regulations of a public agency may project up to four (4) feet into any yard.

   D.   Stairways, Stair Landings, and Balconies. Stairways, stair landings, and balconies that service above the first floor level of the building may project up to three (3) feet into any yard, provided that all such structures shall be open, unenclosed and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.

   E.   Decks, Porches, and Stairs. Uncovered decks, porches and stairs less than two and one-half (2.5) feet above ground elevation may project in any yard consistent with the Building Code. Uncovered decks, porches, and stairs higher than two and one-half (2.5) feet servicing the first floor level of the building may project no more than three (3) feet into the front, side, and rear yards, and no closer than three (3) feet to a property line.

   F.   Depressed Ramps or Stairways and Supporting Structures. When designed to permit access to parts of buildings below average ground level, may extend into any required yard not more than three (3) feet.

   G.   Ramps and Similar Structures for Disabled Person’s Accommodation. Up to the entire yard where it is the only feasible location to provide a reasonable accommodation consistent with the Americans with Disabilities Act. (Ord. 1866, 11-19-2019)

A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it has a width of twenty-five (25) feet or more and an area of two thousand five hundred (2,500) square feet or more, provided that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width, and a substandard lot shall be subject to the same yard and density requirements as a standard lot except as otherwise provided. A maximum of one (1) dwelling unit may be located on a substandard lot that meets the requirement of this section. (Ord. 1866, 11-19-2019)

   A.   Maximum Height:

      1.   Front Yards. No solid fence or freestanding wall within or along the exterior boundary of the required front yard shall exceed a height of three and one-half (3.5) feet. Open or lattice type fences that are at least fifty percent (50%) open, or hedges, shall not exceed a height of four (4) feet.

      2.   Side and Rear Yards. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of seven (7) feet. The Zoning Administrator may allow a fence or wall up to eight (8) feet in height to be located along the exterior boundary of the required side or rear yard subject to the issuance of a building permit.

      3.   Decorative Features. One (1) entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed ten (10) feet. Such decorative feature shall not have any solid obstruction that exceeds two (2) feet in diameter between the height of three (3) and ten (10) feet.

   B.   Design and Materials. Fencing visible from a street shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin.

      1.   Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra barrier, electrified, and other hazardous fencing is not permitted. An exception to this standard may be approved for sites in the AC District where needed for livestock or ranch operations.

      2.   Limitation on Chain Link Fencing. Use of chain-link fencing is not permitted in front or street-facing side yards, and is permitted only in rear and interior side yards that do not abut public and quasi-public land uses. This standard does not apply to sites in the Residential, IA or IG districts.

   C.   Landscaping. Landscaping shall be provided between the back of sidewalk and the wall/fence line to include trees, shrubs, groundcover and vines in order to improve the aesthetics of the wall/fence. There shall be a minimum of five (5) feet adjacent to local roads and ten (10) feet adjacent to collectors and arterials. Maintenance of the landscaping shall be provided by the property owner, or by an assessment district established for such maintenance in perpetuity.

   D.   Visibility At Intersections: Notwithstanding any other provisions of this section, fences and walls shall comply with the visibility standards contained in section 300.16, “Visibility At Driveways And Intersections (Sight Distance)”, of this article. (1866, 11-19-2019; amd. Ord. 1871, 6-2-2020)

Redevelopment of nonvacant sites that contain residential dwellings shall replace said dwellings. Replacement requirements shall be consistent with those set forth in Government Code Section 65915, subdivision (c), paragraph (3).

(Ord. 1909, 1-21-2025)

New development shall be located to protect and preserve areas in which plant and/or animal life or its habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would easily be disturbed or degraded by human activities and development. The provisions of this section apply to discretionary development projects proposed within or adjacent to (within 300 feet of the boundary of) sensitive habitat areas designated in the General Plan.

   A.   Site Design. Sensitive habitat areas shall be protected by any of the following means: 1) avoidance; 2) onsite mitigation; 3) offsite mitigation; and 4) purchase of mitigation credits.

   B.   Biological Report. A discretionary development application for a project on a site located within or adjacent to (within 300 feet of the boundary of) sensitive habitat areas designated in the General Plan shall also include a report commissioned by the City that contains the following:

      1.   An evaluation of the impact the development may have on the habitat, and whether the development will be consistent with the biological continuance of the habitat. Maximum feasible mitigation measures to protect the resource shall be identified and a program for monitoring and evaluating the effectiveness of the mitigation measures shall be included.

      2.   Conditions of approval recommendations for the restoration of damaged habitats, where feasible.

   C.   Required Findings. Approval of a development permit for a project within or adjacent to identified habitat areas shall not occur unless the applicable review body first finds that:

      1.   There will be no significant negative impact on the identified sensitive habitat and the proposed use will be consistent with the biological continuance of the habitat.

      2.   The proposed use will not significantly disrupt the habitat.

      3.   Adequate mitigation measures are required to mitigate impacts to significant biological resources.

      4.   There has been “no net loss” of wetlands and vernal pools. Disturbed wetlands and vernal pools have been replaced.

      5.   Where feasible, damaged habitats will be restored as a condition of development approval. (Ord. 1866, 11-19-2019)

   A.   Maximum Height of Structures. The height of structures shall not exceed the standards established by the applicable zoning district of this Ordinance.

      1.   Increased Height Limit for Projections. Chimneys not over six (6) feet in width, silos, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples, fire and parapet walls, roof furniture, and similar structures covering not more than twenty (20) percent of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight (8) feet. Exceptions may be granted with the approval of a Conditional Use Permit.

      2.   Airport Environs Overlay District. Airport related towers may exceed the maximum permitted height standard in the IA and PS district. Notwithstanding other provisions of this section, there shall be no exceptions to the specified height limits within the Airport Environs (AE) Overlay District, unless authorized by approval of a Conditional Use Permit. (Ord. 1866, 11-19-2019)

   A.   Purpose. This section is intended to minimize outdoor artificial light that may have a detrimental effect on the environment, astronomical research, amateur astronomy, and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent properties and the use of energy.

   B.   Applicability. Outdoor light fixtures installed after the effective date of this Ordinance and maintained upon private property shall comply with the requirements of this section.

   C.   Exemptions. The following types of lighting fixtures are exempt from the requirements of this section:

      1.   Prior Installation. All light fixtures installed prior to the effective date of this Ordinance, unless fifty (50) percent or more of the light fixtures on the premises are replaced.

      2.   Fossil Fuels. All light fixtures producing light directly by the combustion of fossil fuels.

      3.   Low Lumens. All light fixtures with an initial total lamp sources lumens of four thousand fifty (4,050) or less.

      4.   Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

   D.   Maximum Height. Lighting fixtures shall not exceed the maximum heights specified in Table 300.07(A) below.

      TABLE 300.07A: MAXIMUM HEIGHT OF LIGHTING FIXTURES

 

 

   E.   Shielding. All lighting fixtures shall be shielded in accordance with Table 300.07(B) so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries, as illustrated in Figure 300.07.

      TABLE 300.07B: REQUIREMENTS FOR SHIELDING AND FILTERING

 

   FIGURE 300.07: LIGHT FIXTURE SHIELDING

   F.   Multi-Family Residential Illumination. Aisles, passageways, and pedestrian recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.

   G.   Pedestrian Oriented Lighting. In the Downtown, CN, CR, and CMX districts, exterior lighting shall be provided for a secure nighttime pedestrian environment at building entrances, on-site pedestrian walkways, public sidewalks and open areas with a safe level of illumination with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. The Zoning Administrator may require additional lighting for bars, nightclubs, and lounges or other entertainment venues in order to provide a safe level of illumination.

   H.   Prohibitions and Requirements for Protection and Shielding:

      1.   Recreational Facility. No public or private outdoor recreational facility shall be illuminated after 11:00 p.m., except to conclude any recreational or sporting event or other activity conducted at a ball park, outdoor amphitheater, area, or similar facility in progress prior to 11:00 p.m.

      2.   Outdoor Building and Landscaping. The unshielded outdoor illumination of any building or landscaping is prohibited, except with incandescent fixtures with lamps of sixteen hundred (1600) lumens or less.

      3.   Outdoor Signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure and shall be shielded according to Table 300.07(C) above.

   I.   Alternate Materials and Methods of Installation. Design, material, or method of installation not specifically prescribed by this section may be approved by the Zoning Administrator provided the proposed design, material, or method complies with the intent of these provisions. (Ord. 1866, 11-19-2019)

Eating and drinking establishments with outdoor seating areas shall be located, developed, and operated in compliance with the following standards:

   A.   Location. Outdoor seating areas may be permitted in Downtown Districts on any public sidewalk, provided a minimum of six (6) feet of public sidewalk remains unobstructed for pedestrian uses. Outdoor seating areas may be permitted in other zone districts as long as they do not conflict with required pedestrian walkways, parking, landscaping or loading areas.

   B.   Conditional Use Permit. A Conditional Use Permit is required when the outdoor seating area is located immediately abutting the property line of a residential district, and contains more than five (5) tables or seating for fifteen (15) customers.

   C.   Barriers. The use of barriers around the outdoor seating area may be permitted, provided they are in a manner acceptable to the City and the design is approved by the Zoning Administrator. Barriers will be required for uses involving the sale of alcoholic beverages as approved with a Conditional Use Permit.

   D.   Hours of Operation. The hours of operation for an outdoor seating area shall be limited to the hours of operation of the associated eating and drinking establishment.

   E.   Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor seating area on the public sidewalk or right-of-way. Refuse areas shall be in compliance with Section 300.13 Trash and Refuse Collection Areas. (Ord. 1866, 11-19-2019)

Outdoor storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than seventy-two (72) hours shall conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.

   A.   Permitted Locations. Table 300.09 states the districts where outdoor storage is permitted and prohibited.

 

 

   B.   Screening. Screening of outdoor storage areas shall comply with the following standards:

      1.   Outdoor storage areas shall be screened so as not to be visible from any public street or freeway; Residential district; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

      2.   Screening walls and fences shall be architecturally compatible with the main structure on the site and shall not have barbed wire or razor wire visible from any street or public access.

      3.   No screening wall or fence shall be located within a required landscape planter along the street frontage.

      4.   If located on a lot line or in a required yard, screening walls and fences shall not exceed the maximum fence height in required yards; in other areas, they shall not exceed eight (8) feet in height, unless otherwise approved by the Zoning Administrator to adequately screen material. No stored goods may exceed the height of the screening wall or fence.

   C.   Surfacing:

      1.   Outdoor storage areas shall be paved. This requirement does not apply to outdoor storage associated with a permitted agricultural use.

      2.   A waiver or exception may be granted to allow outdoor storage of non-hazardous materials on other surfacing only if the following findings can be made:

         a.   The proposed surfacing is appropriate, as determined by the City Engineer, to the type of product displayed; and

         b.   The proposed surfacing will conform to all applicable federal and State air and water quality standards. (Ord. 1866, 11-19-2019)

   A.   Screening of Mechanical Equipment. All mechanical and electrical equipment and antennas shall be screened or incorporated into the design of buildings so as not to be visible from the street, freeway, or adjacent residential districts. Such equipment includes, but is not limited to, all roof-mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers and pull boxes. Screening devices shall be consistent with the exterior colors and materials of the buildings to which they are attached.

   B.   Roof Access Ladders and Fire Sprinkler Risers. Roof access ladders and fire sprinkler risers shall be located internally as allowed by the California Building Code.

   C.   Parking Areas. Parking areas shall be screened from view from public streets and adjacent residential properties according to the following standards:

      1.   Height. Screening of parking lots from adjacent public streets shall be three (3) feet in height. Screening along interior lot lines that abut residential districts shall be six (6) feet in height, except within the required front setback of the applicable zoning district, where screening shall be three (3) feet in height.

      2.   Materials. Screening may consist of one (1) or any combination of the methods listed below.

         a.   Walls. Low-profile walls consisting of decorative concrete, stone, or masonry materials.

         b.   Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.

         c.   Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials shall achieve a minimum height of two (2) feet within eighteen (18) months after initial installation.

         d.   Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

   D.   Drive-Through Facilities. Vehicle lanes for drive-throughs shall be screened from public streets to a height of three and one-half (3.5) feet. Screening devices shall consist of walls and/or berms.

   E.   Common Property Lines. A six (6) foot high wall shall be provided on the interior lot lines where any non-residential use abuts a residential district or residential use where there is no alley. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one (1) use classification to another non-residential use classification.

      1.   Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.

      2.   Height. The six (6) foot high screening wall shall step down to three and one-half (3.5) feet in height from the side property line intersecting the front property line to a depth equal to the required front or side yard setback of the abutting residential use in order to provide for safe line of sight for vehicular traffic. Wall height may be increased in height to accommodate adequate sound attenuation as required through the findings of an acoustical analysis prepared by an acoustical professional. The design of such improvements shall be approved by the City Engineer.

      3.   Materials. The screening wall shall be a masonry block wall. Block walls shall match the standard colors allowed in the City’s graffiti abatement program. The City Engineer may approve new wall/fencing materials that become available in the future for use as an alternative to a masonry block wall based on its proven comparable properties for durability, sound, light, and glare attenuation. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light might be considered at time of project review.

      4.   Timing. If the residential use develops prior to the non-residential use, a six (6) foot high wood fence may be constructed. If the non-residential use or residential use develops adjacent to existing development the wall shall be constructed with the new development. Where a six (6) foot high wood fence already exists, the masonry wall footing, when constructed, shall comply with City standards. The narrow offset portion of the masonry wall footing shall abut the existing wood fence posts, or close thereto. The gap between the fence shall be sealed with a top rail approved by the City Engineer. A condition of approval may be imposed upon the developer of the non-residential use to work with the adjacent property owner to eliminate the abutting and parallel wood fence. Said wall shall be constructed concurrently with the non-residential development. Those uses subject to a Conditional Use Permit may be evaluated to determine applicability of the wall requirement.

   F.   State Route. Where a residential use abuts State Route rights-of-way or State Route frontage road rights-of-way, screening according to the following shall be installed along that frontage.

      1.   Height. An eight (8) foot high wall shall be provided unless an acoustical analysis prepared by an acoustical professional verifies that an appropriate height greater or lesser than the eight (8) feet is warranted or, subject to the approval of any discretionary permit (i.e. Conditional Use Permit, parcel or subdivision map). The design of such improvements shall be approved by the City Engineer.

      2.   Material. The screening wall shall be a masonry block wall constructed of decorative, split-face block and brown in color per the approved colors maintained in the Community Development Department. The wall shall include decorative columns, spaced no more than sixty (60) feet apart, with stone veneer. The entire wall, including the columns, shall be capped on top. The City Engineer may approve new wall/fencing materials that become available in the future for use as an alternative to a masonry block wall based on its proven comparable properties for durability, sound, light, and glare attenuation. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light may be considered at time of project review.

      3.   Landscaping. Landscaping shall be provided along these walls to include trees, shrubs, groundcover and vines in order to improve the aesthetics of the wall and prevent graffiti. Adequate land and access shall be provided to install and maintain such landscaping, to the satisfaction of the Parks and Leisure Services Director. Maintenance of wall landscaping shall be provided by the developer, or by an assessment district established for such maintenance in perpetuity.

   G.   Adjacent to Residential Uses. The Zoning Administrator may require a block wall based on the site design of the parking or service area or where other noise, light, and glare are oriented toward a residential use. The wall design shall be approved as part of the project by the City Engineer to ensure that adequate line of sight distance is provided. (Ord. 1866, 11-19-2019)

Public improvements shall be provided in compliance with the following standards to any property or lot where public improvements were never constructed or installed to City standards, or where such public improvements for whatever cause have deteriorated to a condition that they no longer adequately serve their intended purpose. An applicant for a Conditional Use Permit or building permit shall be required to provide for said public improvements along the frontage of such property as follows:

   A.   Right-of-way Dedication. Dedicate street right of way necessary to obtain the ultimate right of way width as required by ordinance or resolution of the City Council.

   B.   Curb, Gutter, and Sidewalk. Construct new, and/or repair existing curb, gutter, sidewalk and handicap ramp as required by the City Engineer. If, due to existing topographic or related conditions, the City Engineer determines that it would be in the best interests of the City and its inhabitants to construct said curb, gutter and sidewalk at a later date, the applicant shall deposit to the City a cash amount equal to the City Engineer’s estimate of construction cost, or execute an agreement as provided by Section 20-40.5, Deferred Construction, Cash Deposit, Lien Agreement, of the Municipal Code.

   C.   Street and Alley Paveout. Construct street, and, if applicable, alley paveout, from the gutter lip in the case of streets, and from the property line in the case of alleys, to the existing pavement in accordance with City standards. In cases where the street or alley is not paved, the construction required of the applicant shall not exceed fifty (50) percent of the width of the street or alley. If, due to existing topographic or related conditions, the City Engineer determines that it would be in the best interests of the City and its inhabitants to construct said street or alley paveout at a later date, the applicant shall deposit to the City a cash amount equal to the City Engineer’s estimate of construction cost, or execute an agreement as provided by Section 20-40.5, Deferred Construction, Cash Deposit, Lien Agreement, of the Municipal Code.

      1.   Single-family dwellings or duplexes shall not be required to pay for any paveout costs that are over two (2) feet from the gutter lip or property line.

   D.   Utility Structures. Relocate existing utility structures, when required, to an area within the parkway to the satisfaction of the City Engineer.

   E.    Parkway Trees. Provide for the installation of parkway trees as required by the Director of Parks and Leisure Services in accordance with City standards pertaining to the type, size, spacing and placement of such trees; to the maintenance or extension of street tree themes when applicable; and, to the time of installation when it is determined it would be in the best interest of the City to postpone the placement of trees required pursuant to this section.

   F.   Non-residential Development. The following improvements shall be installed with all non-residential development.

      1.   Fire Hydrants. Fire hydrants to meet City standards for type, size and spacing in accordance with the requirements of the Fire Department, and to the satisfaction of the City Engineer. In lieu of installation, if otherwise required pursuant to the provisions of this Section, the City may require payment of a prorated fire hydrant fee in an amount set by resolution of the City Council to acknowledge the area of benefit served by same.

      2.   Streetlights. Streetlights as required by the City Engineer at intersections, culs-de-sac, crosswalks, curves, etc., to meet City standards for type, illumination and spacing. In lieu of installation, if otherwise required pursuant to the provisions of this Section, the City may require payment of a prorated streetlight fee in an amount set by resolution of the City Council to acknowledge the area of benefit served by same.

      3.   Drainage Facilities. Drainage facilities as required by the City Engineer to meet City standards. (Ord. 1866, 11-19-2019)

Swimming pools located in any zoning district shall not be located in the required front yard, required landscaped areas or closer than five (5) feet from the water’s edge to any lot line or building. (Ord. 1866, 11-19-2019)

Solid waste and recycling-container enclosures are required for new dwelling groups consisting of four (4) or more dwelling units and for all nonresidential developments in accordance with the following standards:

   A.   Location. All enclosures shall comply with the California Building Code and Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible as determined by the Zoning Administrator.

      1.   The solid waste and recycling storage area shall not be located within any required front yard, street side yard, or required landscaped area, or any other area required by this Ordinance to be constructed or maintained unencumbered according to fire and other applicable building and public safety codes.

      2.   Solid waste and recycling areas shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. The number of required collection sites shall be determined by the Public Works Department.

      3.   Solid waste and recycling storage areas shall be conveniently accessible to refuse trucks. Enclosures shall be located so that the trucks and equipment used by the City of Porterville or its contractors have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing. Project applicants are responsible for procuring current equipment size and turning radius from the City of Porterville or its contracted solid waste and recycling collector(s).

   B.   Materials, Construction, and Design

      1.   Minimum Height of Screening. Solid waste and recycling storage areas located outside or on the exterior of any building shall be enclosed per City standards for refuse and recycling enclosures.

      2.   Enclosure Material. Enclosure material shall be solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s).

      3.   Gate Material. Gate material shall be decorative, solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view-obscuring material. If not visible from a public street, public parking area, or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts.

      4.   Access to Enclosure from Residential Projects. Each solid waste and recycling enclosure serving a residential project shall be designed to allow walk-in access without having to open the main enclosure gate.

      5.   Enclosure Pad. Pads shall be a minimum of six (6) inch-thick concrete.

      6.   Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways.

      7.   Landscaping. The perimeter of the recycling and trash enclosure, except for areas used for access, shall be planted, if feasible, with drought resistant landscaping, including a combination of shrubs and/or climbing evergreen vines.

      8.   Clear Zone. The area in front of all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked “No Parking.” (Ord. 1866, 11-19-2019)

   A.   Minimum Distance from Residential Districts. Truck docks, loading, and service areas are not permitted within fifty (50) feet of an R district boundary, unless noise mitigation and view obscuring screening is provided, as approved by the Zoning Administrator.

   B.   Screening. Truck docks, loading, and service areas located in any district shall be screened from any adjacent residential districts or uses. In all districts except IA, IP and IG districts, these facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. (Ord. 1866, 11-19-2019)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site. (Ord. 1866, 11-19-2019)

Visibility at driveways and intersections shall be maintained in accordance with the following standards. The City Engineer may require extended or reduced sight distance lengths where special conditions exist or will be created, as necessary to maintain adequate visibility.

   A.   Driveways. Visibility at a driveway crossing a street property line shall not be blocked above a maximum height of three (3) feet by vegetation or three and one-half (3.5) feet by structures for a depth of twelve (12) feet as viewed from the edge of the curb face on either side of the driveway at a distance of twelve (12) feet. Street trees that are pruned at least eight (8) feet above the established grade from top of curb so as not to obstruct clear view by motor vehicle drivers are permitted.

   B.   Controlled Intersections. A controlled intersection is one where a traffic signal or stop sign (all-way or minor street only) exists to control the flow and ensure the safety of traffic. Visibility at controlled street intersections shall not be blocked above a maximum height (measured from intersection street grades) of three (3) feet by vegetation or three and one-half (3.5) feet by structures, including, but not limited to, fences and walls. There shall be corner cut-offs of all lots which abut an intersection of two streets. These standard corner cut-offs are determined by intersection points located twelve (12) feet from the edge of the curb face of each street and are the areas between these intersection points and the streets, one point being twenty (20) feet from the curb face extension and the other a distance “D” from the intersection of the crossing street (see Table 300.16, Sight Distance Standards). The corner cut-offs for left turns from a minor road, are determined by intersection points located three (3) feet from the middle edge of the inside lane, and are the areas between these intersection points and the streets, one point being twenty (20) feet from the curb extension and the other a distance “D” from the intersection of the crossing street (see Table 300.16). No obstruction which limits the visibility of persons operating vehicles on said streets shall be permitted in corner cut-off areas.

   C.   Uncontrolled Intersections. An uncontrolled intersection is one where no traffic controls exist and is subject only to yielding from each street leg. Same requirements as controlled intersections shall apply except that both intersecting streets shall require a distance “D” from the intersection of the crossing street to comply with the sight distance requirements on Table 300.16, Sight Distance Standards.

 

Note: Design speed is based on road classification per AASHTO or Caltrans manuals.

Sources:

"A Policy On Geometric Design Of Highways And Streets", AASHTO, 2010.

"Highway Design Manual", Caltrans, 2011.

(Ord. 1866, 11-19-2019)

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations. Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:

   A.   Agricultural Accessory Structures. In the AC and RR districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.

      1.   Size. The maximum lot coverage allowed by the development standards shall not be exceeded.

      2.   Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.

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

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

   B.   Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. Separate regulations for residential second units are located in Section 301.16, Accessory Dwelling Units.

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

      2.   Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator.

      3.   Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

      4.   Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twenty-four (24) feet.

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

      6.   Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than four (4) feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

Conditional Use Permit approval is required for any use involving the sale of alcoholic beverages under an on-sale or off-sale license.

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

      1.   Location. In all areas outside the Downtown Districts, such establishment shall be located a minimum of five hundred (500) feet from any other such establishment or any educational, religious, or cultural institution or public parks. The five hundred (500) foot separation requirement does not apply in the Downtown Districts.

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

      3.   Pay Telephones and Vending Machines. External pay telephones and vending machines are prohibited. (Ord. 1866, 11-19-2019)

Major and Minor Automobile/Vehicle Service and Repair uses shall be located, developed, and operated in compliance with the following standards:

   A.   Noise. All body and fender work, stereo installation and testing, or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building.

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

   C.   Work Areas. All work shall be conducted within an enclosed building.

   D.   Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification. (Ord. 1866, 11-19-2019)

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

   A.   Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification.

   B.   Pump Islands. Pump islands shall be located a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.

   C.   Canopies and Roof Structures. Canopies and roof structures over a pump island, including associated signage, shall be designed as an integral design element of a building’s architecture and architecturally compatible, including materials, color and design details, with surrounding structures.

   D.   Washing Facilities. No building or structure shall be located within ten (10) feet of the property line or within twenty (20) feet of any interior lot line of a residential use or an R district.

   E.   Signage. Where not otherwise accommodated in Section 305, Signs, service station signage needed to comply with the California Business and Professions Code §13532 can be approved by the Zoning Administrator.

   F.   Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When abutting an R district, the hours of operation shall be 8:00 a.m. to 8:00 p.m., seven (7) days a week unless modified otherwise by a Conditional Use Permit.

   G.   Application Review and Findings for Approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The following standards shall be incorporated:

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

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

      3.   Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties.

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

   H.   Conditions of Approval. Conditions of approval of a Conditional Use Permit may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area.

   I.   Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve (12) months subsequent to the close of the last business day. (Ord. 1866, 11-19-2019)

Commercial Crop Cultivation is allowed as an interim use in zones designated in Series 200 of this chapter. Land use regulations as identified in Series 200 and elsewhere in this Code apply.

   A.   Purpose and Intent

      1.   It is the purpose and intent of this section to provide opportunity for interim use of land within city limits until such time as the development market supports the intended development of said lands.

      2.   Commercial crop cultivation can be allowed on an interim basis only where the impacts of an agricultural operation will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the surrounding area.

      3.   Crop cultivation allowed under the premises of this section is secondary to its availability for urban development and should be available for development as an urban use when market conditions improve for such a use.

      4.   Use of a subject site for crop cultivation for an interim period does not result in the land being construed as an agricultural resource requiring protection or preservation.

      5.   If residentially zoned, the land, regardless of the status of its agricultural use, will be considered in the City’s Housing Element and the Regional Housing Needs Assessment (RHNA) as available for residential use.

      6.   The key intent of this section is to limit the use to a time period that is appropriate to the type of agricultural crop to be planted, to allow sufficient time for a reasonable profit to be realized while assuring that the use is interim in nature. At its discretion, the City Council may set time periods to limit the use to a specific amount of time.

      7.   This section shall not be construed to apply to animal confinement.

   B.   Development Standards: Commercial crop cultivation allowed by this section shall comply with the following standards:

      1.   The aerial application of fertilizers, pesticides, or other agricultural treatments is not allowed.

      2.   Prior to the application of pesticides, fungicides, or insecticides, notice will be given to all property owners within 300 feet of the parcel(s), and notice shall be posted on site along every 100 feet of street frontage. Notice shall be no smaller than 10" x 12" and with the word “Notice” in 80 point font.

      3.   A minimum twenty (20) foot wide drive aisle clearance shall be maintained along all property boundaries.

      4.   The applicant/property owner shall not enter into a Williamson Act contract or other agricultural preservation measure, whether for tax reduction or other purposes.

      5.   A vector/rodent control plan shall be submitted and approved with the conditional use permit and implemented for the term of the agricultural use.

      6.   The applicant shall indemnify the City of Porterville to the satisfaction of the City Attorney from and against any and all claims or legal recourse resulting from the agricultural operation.

   C.   Considerations: The following factors will be considered on a project-by-project basis to determine if commercial crop cultivation is an appropriate use for a particular site. The Council may consider the following factors or others as may be appropriate, based on the location of the proposed use and its proximity to urban uses and may consider limiting some crop types due to impacts of excessive noise, dust, vibration, odors or other effects on surrounding uses.

      1.   No “Right to Farm” is conveyed or otherwise implied with the use.

      2.   The area to be farmed is of adequate size, dimension and topography to accommodate the proposed use.

      3.   The burning of agricultural waste/trimmings/etc. on the property will not create a public nuisance or a danger due to the close proximity of urban uses.

      4.   On-site sale of crops is allowed in accordance with Subsection D, “Sale of Agricultural Crops”, of this section.

      5.   The use does not involve the installation of underground storage tanks.

      6.   Best Management Practices to reduce spray drift will be implemented.

      7.   Wells, as needed to serve the subject site, are subject to California Department of Public Health Services approval and review of the City Engineer.

      8.   Irrigation water run-off, if any, can be contained on site.

      9.   Use of municipal water for irrigation is prohibited.

      10.   The area shall be groomed of weeds and agricultural waste regularly to reduce potential fire hazard, proliferation of pests, and unsightly conditions.

      11.   Equipment and vehicles related to the active farming operation of the site shall not be parked in the public right of way and vehicular circulation related to the use shall occur on-site.

      12.   The applicant shall remove all abandoned crops upon discontinuation of the use.

   D.   Sale of Agricultural Crops: The on-site sale of agricultural crops may be considered by the City Council subject to the following criteria:

      1.   Sales from the site are seasonal in nature.

      2.   Sales are limited to those crops grown on site.

      3.   Sales booths have adequate parking and there is appropriate surfacing for the parking area and drive aisle.

      4.   There is safe access to and from the site from the right of way.

      5.   The sales booth conforms to all requirements of the California Building Code and the size of the booth is commensurate with the crop to be sold, the size of the cultivation area and the length of the season, but shall not exceed 500 square feet.

      6.   One 40 square foot sign is allowed as a wall sign or freestanding sign not greater than twelve (12) feet in height. (Ord. 1866, 11-19-2019)

Large Family Day Care Homes shall be located, developed, and operated in compliance with the following standards:

   A.   Location. Large Family Day Care Homes shall be located at least three hundred (300) feet apart in all directions from any other Large Family Day Care Home.

   B.   Hours of Operation. Large Family Day Care Homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. No outdoor play is allowed before 9:00 a.m.

   C.   Residency. The operator of a Large Family Day Care Home shall be a full-time resident of the dwelling unit in which the facility is located.

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

   E.   Signs. No sign shall be publicly displayed on the premises relating to the Large Family Day Care Home.

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

   G.   Parking and Loading. An operator of a Large Family Day Care Home shall satisfy the following conditions:

      1.   Passenger Loading and Drop-off. A minimum of one (1) additional improved off-street drop-off and pick-up parking space shall be provided.

      2.   Traffic. Increased traffic due to the operation of any Large Family Day Care Home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable. (Ord. 1866, 11-19-2019)

All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Tulare County Health Department, shall be located, developed, and operated in compliance with the following:

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

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

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

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

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

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

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

      7.   Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      5.   The Owner/Operator of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.

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

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

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

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

   G.   Enforcement. All costs of compliance with this Ordinance shall be borne by the Owner/Operator. The City may employ any and all methods permitted by law to enforce this Ordinance.

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

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

      1.   The project is consistent with the General Plan.

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

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

      4.   There are adequate City services available to service the project.

      5.   The project has met or exceeded each requirement of this Ordinance.

      6.   All environmental impacts identified in an Environmental Impact Report or Negative Declaration as part of the permit process in compliance with the California Environmental Quality Act have been adequately mitigated. (Ord. 1866, 11-19-2019)

Home occupations that are carried on by an occupant of a dwelling unit for gainful employment, are clearly incidental and subordinate to the use of the structure for dwelling purposes and that do not change the residential character of the primary use, are allowed and shall be operated in compliance with the following standards. Home occupations are subject to zoning conformance approval pursuant to Chapter 602, “Zoning Conformance Review”.

   A.   Permitted Uses. Home occupations generally include, but are not limited to, the following uses:

      1.   Professional Offices.

      2.   Offices for personal services such as janitorial service, gardening service, office services, etc.

      3.   Dressmaking, millinery, and other home sewing work.

      4.   Handicrafts such as weaving, leatherwork, and other arts and crafts.

      5.   Instructional classes, not exceeding two (2) students at one time.

      6.   Internet sales, mail order or direct sales provided no merchandise is sold on the premises.

      7.   Cottage food operations.

   B.   Mobile Businesses. Service-oriented mobile businesses that provide services at the location of a client may function as a home based business, where compliant with all other provisions of this section and subject to the following standards:

      1.   No business activities other than office activities occur on the premises. A client may not come to the home of the business to use the mobile unit.

      2.   The primary business activity involves provision of services that by their nature are intermittent and convenient to be provided at the home or business of the client. Examples include: mobile notary, personal services, home repair, minor vehicle repair not involving engines as prohibited below (windshield repair or battery replacement), and computer maintenance and repair.

      3.   Sale of goods is permitted only as an accessory to the service-oriented use, such as sale of windshield when it is replaced, or a new hard-drive when it is required and installed as part of a computer repair.

   C.   Prohibited Uses. The following uses are not permitted as a home occupation.

      1.   The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, or boats.

      2.   Repair, fix-it or plumbing, welding or fabrication shops where the trade-work is done at the site of the home occupation.

      3.   Uses that entail the harboring, training, raising, or grooming of dogs, cats or other animals on the premises.

      4.   Uses that entail food handling, processing or packing, other than those permitted by cottage food operation.

      5.   Healing arts.

      6.   Spiritual advisory service (fortune-telling).

   D.   General Standards. The following restrictions apply to all home occupations.

      1.   The residential use remains the primary activity on the property.

      2.   No sign shall be publicly displayed on the premises relating to the home occupation or product thereof.

      3.   No person not residing on the premises may be employed at the site of the home occupation.

      4.   Sale of goods on the premises shall be limited to the products of the home occupations, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

      5.   The home occupation shall not attract or generate excessive auto or foot traffic, require additional off-street parking spaces, involve the use of commercial vehicles for delivery of materials or supplies to or from the premises, or exceed six (6) patrons or customers for any calendar day.

      6.   No use of materials, mechanical equipment, utilities, or community facilities beyond that normal to the use of the property for residential purposes shall be permitted.

      7.   Storage related to the home occupation shall be confined to the dwelling or accessory building.

      8.   No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.

      9.   No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.

      10.   Not more than one (1) vehicle of not more than one ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

      11.   The home occupation shall not involve the use of power equipment on the premises using motors exceeding one (1) horsepower combined capacity.

      12.   No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

   E.   Yard Sales. More than two yard sales per year, but not more than four yard sales per year, may be permitted subject to issuance of a business license and a home occupation permit subject to the following standards:

      1.   A Seller’s Permit must be obtained through the State Board of Equalization prior to the date of the third yard sale.

      2.   The sales events must be compliant with the provisions of Section 301.21 of this Chapter. (Ord. 1866, 11-19-2019)

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

   A.   General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this section. Manufactured homes may also be used for temporary uses subject to the approval of a temporary Use Permit (See Chapter 605, Temporary Use Permits).

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

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

      2.   Date of Construction. Each manufactured home shall have been manufactured within ten (10) years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction and Safety Act of 1974.

      3.   Skirting. The unit’s skirting shall extend to the finished grade. (Ord. 1866, 11-19-2019)

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

   A.   Maximum Density. The maximum density is as allowed by the base zoning district in which the mobile home park is located.

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

   C.   Internal Streets. All private internal streets within the mobile home park shall not be less than thirty (30) feet in width and shall be surfaced and maintained with an all-weather surface.

   D.   Parking. Each unit shall provide for at least two vehicle parking spaces, one of which shall be covered.

   E.   Walls and Screening. Exterior boundaries of a mobile home park adjacent to a public street frontage shall be screened with a six (6) foot high solid wall setback twenty (20) feet from the property line. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps,” columns, or similar measures. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.

   F.   Common Open Space. Recreation, or common open spaces, shall be provided for each mobile home park, or subdivision, in accordance with Section 201.04(b)(4) and (5). An area of at least three hundred (300) square feet for each mobile home space shall be provided. This open space may be used in more than one (1) location, but no location shall contain less than one thousand (1,000) square feet in the aggregate. Each recreational space shall be accessible to all of the mobile home spaces in the park, and shall not be used for any other purpose.

   G.   Landscaping. Landscaping, as prescribed in Chapter 303: Landscaping, is required for all common open space areas, exterior front and street side yards, and common parking areas. A fifteen (15) foot landscaped buffer shall be provided along streets adjoining the park.

   H.   Certification. All mobile homes shall be certified under the National Manufactured Home Construction and Safety Act of 1974. (Ord. 1866, 11-19-2019)

   A.   Outdoor Retail Sales/Display. Outdoor display of merchandise is allowed in association with an approved permanent use on the site, subject to Zoning Administrator approval. Outdoor retail sales and display shall be located and operated in compliance with the following standards:

      1.   Displayed merchandise shall occupy a specifically approved and defined location that does not disrupt the normal function of the site or its circulation. Displayed merchandise shall be located outside of any fire lane or fire access way and shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. Displayed merchandise shall not encroach upon driveways, landscaped areas, private walkways or required parking spaces.

      2.   Merchandise shall be located entirely on private property outside of required setbacks except in Downtown Districts, where outdoor display is allowed on the sidewalk directly adjacent to property if a pedestrian walkway of at least six (6) feet is constantly maintained.

      3.   Display of merchandise shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

      4.   The Zoning Administrator may require landscaping, screening, paving or other site improvements including the removal of obsolete or abandoned facilities on nonconforming sites. (Ord. 1866, 11-19-2019)

Personal Storage Facilities shall be located, developed, and operated in compliance with the following standards:

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

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

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

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

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

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

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

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

   E.   Landscaping. A landscaped buffer with a minimum inside dimension of six (6) feet shall be provided along the front and street property lines, except for vehicular circulation openings. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be bound by a concrete curb at least six (6) inches wide and six (6) inches high and shall be permanently maintained in compliance with Chapter 303, Landscaping.

   F.   Fencing. A six (6)- to seven (7)- foot high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps”, columns, or similar measures. Except in cases where a property line of a personal storage facility abuts property zoned for residential use, a chain link fence with solid privacy slats may be substituted at the discretion of the zoning administrator. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.

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

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

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

(Ord. 1866, 11-19-2019; amd. Ord. 1097, 10-15-2024)

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

   A.   Reverse Vending Machines:

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

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

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

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

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

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

   B.   Recycling Collection Facilities:

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

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

      3.   Location. Facilities shall not abut a residential district.

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

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

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

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

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

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

   C.   Recycling Processing Facility:

      1.   Location. Facilities shall not abut a residential district or use.

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

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

      4.   Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. (Ord. 1866, 11-19-2019)

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

   A.   Development Standards

      1.   Foundation. A permanent foundation shall be required for all accessory dwelling units.

      2.   Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

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

      4.   Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:

         a.   Wall covering materials.

         b.   Wall color.

         c.   Roofing material.

         d.   Roofing pitch.

         e.   Structural eaves.

         f.   Mass and scale of structure relative to structural height.

         g.   Window characteristics (window shape, operational style, grids, sills, trim).

      5.   Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

      6.   Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.

      7.   Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, a. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

      8.   Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

   B.   Occupancy and Conveyance Requirements

      1.   Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

      2.   Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

   C.   Detached Accessory Dwelling Units

      1.   Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

      2.   Maximum Number of Detached Accessory Dwelling Units

         a.   When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

         b.   When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot.

         c.   When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot.

         d.   In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

      3.   Floor Area

         a.   The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

         b.   When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.

         c.   When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

      4.   Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.

      5.   Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:

         a.   For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet.

         b.   For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.

         c.   Height Exceptions.

            (1)   An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

            (2)   When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 9.195.050, subsection (E)(1) to an amount equal to the height of the existing accessory structure to be converted.

      6.   Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:

         a.   The detached accessory dwelling unit is located within one- half (1/2) mile walking distance of public transit.

         b.   The detached accessory dwelling unit is located within an architecturally and historically significant historic district.

         c.   The detached accessory dwelling unit is converting an existing accessory structure.

         d.   On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.

         e.   There is a car share vehicle located within one block of the detached accessory dwelling unit.

      7.   Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

      8.   Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

   D.   Attached Accessory Dwelling Units

      1.   Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

      2.   Maximum Number of Detached Accessory Dwelling Units

         a.   When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.

         b.   In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

      3.   Floor Area.

         a.   The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

         b.   The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

      4.   Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

      5.   Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

      6.   Parking. No parking shall be required for the attached accessory dwelling unit.

      7.   Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

      8.   Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

   E.   Conversion Accessory Dwelling Units

      1.   Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

      2.   Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.

      3.   Floor Area.

         a.   The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

         b.   The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

      4.   Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

      5.   Parking. No additional parking shall be required.

   F.   Junior Accessory Dwelling Units.

      1.   Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

      2.   Maximum Number of Junior Accessory Dwelling Units

         a.   When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit.

         b.   In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

      3.   Floor Area

         a.   The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.

         b.   The maximum floor area shall be 500 square feet.

      4.   Parking. No parking shall be required for the junior accessory dwelling unit.

      5.   Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

      6.   Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

      7.   Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:

         a.   A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.

         b.   Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

      8.   Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

      9.   Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:

         a.   A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.

         b.   A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

(Ord. 1909, 1-21-2025)

   A.   Purpose and Intent:

      1.   It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimatize the distribution of obscene material.

      2.   One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

         a.   Receipt of money for placement of person for purposes of cohabitation (Penal Code section 266d);

         b.   Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code section 266e);

         c.   Sale of person for immoral purposes (Penal Code section 266f);

         d.   Pimping (Penal Code section 266h);

         e.   Pandering (Penal Code section 266i);

         f.   Lewd or obscene conduct (Penal Code section 314);

         g.   Houses of ill fame (Penal Code section 315);

         h.   Disorderly houses which disturb the immediate neighborhood (Penal Code section 316);

         i.   Places of prostitution (Penal Code section 317); and

         j.   Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code section 11225).

      3.   Nothing in this section shall permit, or be interpreted to permit any use, conduct, and/or activity which violates any federal, state or local law of regulation.

   B.   Definitions. For the purposes of this section, certain terms and words are defined as follows:

 

   C.   Establishment And Classification Of Businesses Regulated: The establishment of any sexually oriented business shall be permitted only in those particular specified districts where such uses are permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any “sexually oriented businesses”, as defined in subsection (b) of this section, within six hundred (600) feet of another such business or within one thousand (1,000) feet of any sensitive use. These limitations apply to sexually oriented businesses classified as follows:

      1.   Adult arcade.

      2.   Adult bookstore, adult novelty store, or adult video store.

      3.   Adult cabaret.

      4.   Adult model studio.

      5.   Adult motel.

      6.   Adult motion picture theater.

      7.   Adult theater.

   D.   Measurement Of Distance: Distance between any two (2) sexually oriented businesses or between a sexually oriented business and a sensitive use shall be measured in a straight line, without regard to intervening structures, from property line to property line.

   E.   Location of Sexually Oriented Business: Sexually oriented businesses shall be allowed only in districts in which such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the city of Porterville municipal code. In addition, any sexually oriented business shall be subject to the following restrictions:

      1.   The person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted districts.

      2.   The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any sensitive use.

      3.   A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within six hundred (600) feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or adult modeling studio.

   F.   Nonconforming Uses:

      1.   Permitted To Continue: Any sexually oriented business operating on the effective date hereof that is in violation of subsections (c) through (e) of this section shall be deemed a nonconforming use. Such nonconforming uses shall be governed by the provisions of this code. If two (2) or more sexually oriented businesses are within six hundred (600) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.

   G.   Injunction: A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and/or one hundred eighty (180) days’ imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the city attorney fees and costs of the city, at the discretion of the court.

   H.   Exception For Certain Nude Modeling: It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

      1.   By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; or

      2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      3.   In a structure:

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

         b.   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

         c.   Where no more than one (1) nude model is on the premises at any one (1) time. (Ord. 1866, 11-19-2019)

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

   A.   Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two (2) persons.

   B.   Minimum Size. An SRO living unit shall have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.

   C.   Minimum Width. An SRO of one (1) room shall not be less than twelve (12) feet in width.

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

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

   F.   Bathrooms. SRO units shall have individual bathrooms containing a sink, a toilet, and a shower or bath per Housing and Building Code requirements. Units may have only one (1) sink by the cooking area and may omit the bathroom sink.

   G.   Lobby/Meeting Area. Each SRO building shall provide ample ground floor entry area that provides a central focus for tenant social interaction and meetings. The lobby/meeting area shall be designed to accommodate at least twenty-five (25) percent of the tenants at one (1) time using an average of fifteen (15) square feet per person and a minimum four hundred (400) square feet for up to fifty (50) SRO units, excluding janitorial storage, laundry facilities, and hallways.

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

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

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

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

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

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

      5.   Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 1866, 11-19-2019)

Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

   A.   Location. Social Service Facilities are not allowed on Main Street.

   B.   Minimum Standards. Social service facilities shall only be subject to the following written, objective standards:

      1.   Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-of-way, must be physically separated from the public right- of-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

      2.   Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

      3.   On-Site Management. Continuous on-site supervision during hours of operation shall be provided. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2) staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

      4.   Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

      5.   Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

   A.   Purpose. The specific purposes of this chapter are to:

      1.   To permit the siting, construction, operation and maintenance of wireless telecommunications towers and antennas within the City’s boundaries;

      2.   To protect and promote the public health, safety, general welfare and quality of life within the City by regulating the siting of wireless telecommunications towers and antennas, while preserving the rights of wireless telecommunications providers;

      3.   To establish guidelines for the governance of wireless telecommunications facilities which recognize the unique land use distribution, topography, and aesthetics of the community;

      4.   Protect residential areas and land uses from visual blight, safety impacts associated with attractive nuisance, and degradation of residential character;

      5.   Promote the location of towers in non-residential areas;

      6.   Minimize the total number of towers throughout the community;

      7.   Establish the joint use of new and existing tower sites as a primary option rather than construction of single-use towers;

      8.   Locate towers and antennas in areas where the overall impact on the community is minimal, now and in the future; to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

      9.   Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently;

      10.   Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

      11.   Create and preserve telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and

      12.   Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.

   B.   Applicability. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. This chapter shall apply, to the fullest extent allowed by and consistent with applicable Federal, State, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, except for the following:

      1.   Amateur Radio Station Operators. Any tower, or the installation of any antenna, that is under the height limitation of the relevant district and is owned and operated by a federally-licensed amateur radio station operator.

      2.   Receive Only Antennas. A single ground or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this Ordinance, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:

      3.   Residential Districts:

         a.   Satellite Dish One (1) Meter or Less. A satellite dish that does not exceed one (1) meter in diameter or the height of the ridgeline of the primary structure on the same parcel, and is for the sole use of a resident occupying the parcel.

         b.   Satellite Dish Greater than One (1) Meter. A satellite dish that is greater than one (1) meter in diameter, is not located within a required front or street side yard, and is screened from view from any public right-of-way and adjoining property.

         c.   Antennas. An antenna that is mounted on any existing building or other structure that does not exceed twenty-five (25) feet in height, and is for the sole use of a resident occupying the parcel.

      4.   Commercial and Employment Districts

         a.   Satellite Dish Two (2) Meters or Less. A satellite dish that does not exceed two (2) meters in diameter so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval.

         b.   Satellite Dish Greater than Two (2) Meters. A satellite dish that is greater than two (2) meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public right-of-way and adjoining property.

         c.   Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.

         d.   Free-Standing Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setbacks when the overall height of the antenna and its supporting structure does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.

         e.   Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.

      5.   Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas in full compliance with applicable regulations in effect at the time of construction shall not be required to meet the requirements of this chapter.

      6.   Public Safety Broadcasting. Any non-commercial satellite dish antenna utilized for public safety broadcasting.

   C.   General Requirements:

      1.   Permit Requirements:

         a.   Camouflage Facilities: Permitted by right in all allowed districts.

         b.   Co-located Facilities: Permitted by right in allowed districts when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and that contemplated co-location.

         c.   Non-Camouflage Facilities: Allowed in certain districts subject to Conditional Use Permit approval when located at least three hundred (300) feet from any R District.

      2.   State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

      3.   Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

      4.   Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.

   D.   Minimum Application Requirements: In addition to meeting the standard application submittal requirements for permits specified in Chapter 601, Common Procedures, applications for wireless telecommunications facilities pursuant to this chapter shall include the following:

      1.   Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the City limits or urban area boundary (UAB), including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

      2.   Copies of all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other Federal or State government with authority to regulate telecommunications facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals.

      3.   Written certification of compliance with all applicable FCC requirements and standards.

      4.   Site plan and elevations drawn to scale. Elevations shall include all structures on which facilities are proposed to be located.

      5.   Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping and sample exterior materials and colors.

      6.   Written authorization from the landowner in the event the applicant does not own the subject property

      7.   Any other information the Zoning Administrator deems necessary in order to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, a visual analysis of the proposed project.

   E.   Location and Siting

      1.   Wireless telecommunication facilities shall be located in the following order of preference:

         a.   Integrated into building/structure design (camouflage sites).

         b.   Co-located with other major wireless telecommunication facilities.

         c.   On existing structures such as buildings, communication towers, or utility facilities not subject to the City’s franchise agreements.

         d.   On existing signal, power, light or similar kinds of permanent poles.

         e.   In Employment Districts.

         f.   In Commercial Districts.

      2.   Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Zoning Administrator, or as otherwise required through the approval of a Conditional Use Permit.

      3.   Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. If located within a public right of way, ground-mounted equipment shall be installed underground unless deemed infeasible by the Building Official. In such case, ground-mounted equipment shall be screened to the satisfaction of the Zoning Administrator.

      4.   Required Separation. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.

         a.   Residential Districts. A facility shall not be located within a three hundred (300) foot radius of any R District.

         b.   Other Telecommunications Facilities. A facility shall not be located within a one thousand (1,000) foot radius of another facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible and mounting on a building or co-location on an existing facility is not feasible.

         c.   Reduction in Required Separation. A reduction in the required separation between telecommunications facilities may be granted as a part of the Conditional Use Permit approval where technical evidence has been provided to substantiate the following findings:

            (1)   The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan;

            (2)   The reduction is not requested exclusively on the basis of economic hardship to the applicant;

            (3)   The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and

            (4)   Evidence has been submitted to the satisfaction of the City demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collocation is not feasible.

   F.   General Development Requirements: The following standards apply to all telecommunications facilities:

      1.   Maximum Height. No antenna shall exceed one hundred (100) feet in height except for camouflage facilities on or within a structure such as a steeple or flag pole, otherwise allowed to exceed one hundred (100) feet in height. Such antenna shall not exceed the height of the structure.

      2.   Setbacks. Telecommunications facilities and accessory structures shall comply with the required building setbacks for the zoning district in which the facility is located, however, in no instance shall the facility (including antennae and equipment) be located closer than five (5) feet of any property line.

      3.   Design Standards. All facilities shall be designed to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. A visual analysis may be required as part of the Conditional Use Permit review. All telecommunications facilities shall:

         a.   Utilize state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.

         b.   Facilities that are not camouflage shall close mount all panel antennas.

         c.   Antennae and support structures, where utilized, shall be monopole type.

         d.   Monopole support structures shall not exceed four (4) feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.

         e.   Wireless telecommunications facility support structures and antennae shall be painted a non-glossy color so as to minimize visual impacts from surrounding properties.

         f.   All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from a residential district shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.

         g.   No telecommunications antenna or ancillary support equipment shall be located within the front setback except for facilities that are completely subterranean.

         h.   Support structures and site area for wireless telecommunications antennae shall be designed and of adequate size to allow at least one (1) additional wireless service provider to co-locate on the structure.

         i.   Towers shall not be artificially lighted unless required by the FAA or other applicable authority. All objects affecting navigable airspace shall comply with Federal Aviation Regulation Section 77 and shall be in conformance with the current land use designations for land within one (1) mile of the runway.

         j.   For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation facilities, a single “kill switch” shall be installed that will de-energize all carriers at the facility in the event of an emergency.

         k.   All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.

      4.   Signage. A permanent, weather-proof identification sign, approximately sixteen (16) inches by thirty-two (32) inches in size, shall be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign shall identify the facility operator(s), provide the operator’s address, and specify a twenty-four (24) hour telephone number at which the operator can be reached so as to facilitate emergency services.

      5.   Landscaping. Each applicant for an antenna and/or tower shall provide a landscaping plan that covers as much as the parcel and lease area as necessary to achieve the following:

         a.   Landscaping shall be provided to screen the facility from surrounding properties or right-of-ways.

         b.   All landscaping shall be installed with an irrigation system equipped with an automatic timer.

         c.   Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.

         d.   Landscaping shall include re-vegetation of any cut or fill slopes.

         e.   Where possible, existing plants and trees shall be used to the full extent possible for screening of the facility.

      6.   Noise and Traffic.

         a.   Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.

         b.   Traffic shall be limited to no more than one (1) round-trip per day on an average annual basis once construction is complete, except for emergency maintenance

   G.   Required Findings: The City Council may approve or approve with conditions any Conditional Use Permit required under this chapter only after making the following findings:

      1.   The proposed telecommunication facility will comply with all applicable state and Federal standards and requirements;

      2.   The proposed telecommunication facility will conform with the specific purposes of this chapter and any special standards applicable to the proposed facility;

      3.   The applicant has made good faith and reasonable efforts to locate a telecommunication facility on a support structure other than a new monopole or lattice tower or to accomplish co-location.

      4.   To locate a telecommunication facility where it is readily visible from the habitable area of a dwelling unit within three hundred (300) feet or at any location where it is visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision-making authority shall find that:

         a.   It is not feasible to provide the service at another location or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

         b.   The proposed telecommunication facility provides an important link in applicant’s service area build-out and is necessary to provide personal wireless services to City residents.

         c.   It is not feasible to incorporate additional measures that would make the telecommunication facility not readily visible, meaning that a person with normal vision can see the facility and distinguish it as an antenna or other component of a telecommunication facility;

      5.   The City Council may waive or modify requirements of this chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law. (Ord. 1866, 11-19-2019)

A Temporary Use is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a permit in accordance with Chapter 605, Temporary Use Permits. Temporary uses shall be located, developed, and operated in compliance with the standards of this section, and the entire area used for the temporary event, including display, sales, circulation, parking, etc. shall be paved or improved per City standards.

   A.   Carnivals, Fairs and Festival Events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:

      1.   Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a civic organization, church, lodge or public or private school.

      2.   Time Limit. When located adjacent to or within an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

      3.   Duration. Carnivals, fairs, and festival events are limited to no more than five (5) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

      4.   Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

      5.   Temporary onsite camping. Use of recreational vehicles may be allowed for not longer than four days longer than the temporary use is scheduled, and only for employees and/or organizers of the event. Such approval shall be explicitly requested in the application for Temporary Use Permit, and is subject to conditions and approval of the Zoning Administrator.

   B.   Garage Sales. A garage or yard sale may be permitted on any developed lot in an R district, in accordance with Section 18-8.2 of the Municipal Code and the following standards.

      1.   Garage sales are limited to no more than three (3) consecutive days in any six (6) month period.

      2.   All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.

      3.   One sign not exceeding two feet by two feet in size may be posted on the property where the sale is being held during the duration of the sale only. No signs regarding such sale shall be posted on any property other than where the sale is held.

   C.   Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No temporary use permit is necessary for a model home.

      1.   Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.

      2.   Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.

      3.   Return to Residential Use. Prior to the sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose.

      4.   Term of Use. The model home may be established and operated for a term period of five (5) years or until completion of the sale of the lots or residences, whichever comes first. One (1) year extensions may be approved by the Zoning Administrator until the sale of all lots/residences is completed.

   D.   Temporary and Seasonal Outdoor Sales. Temporary and Seasonal Outdoor Sales may be permitted in accordance with the following standards:

      1.   General Sales Events. Temporary outdoor sales, including but not limited to grand opening events, temporary automobile sales, and other special sales events on private property in non-residential districts shall be subject to the following standards:

         a.   Temporary outdoor sales shall be part of an existing business on the same site.

         b.   Temporary automobile sales are limited to the CR district and need not be in connection with an existing commercial use.

         c.   Sales events shall be conducted solely on private property and not encroach within the public right-of-way.

         d.   Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

         e.   When located adjacent to an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

         f.   The entire area used for temporary outdoor sales, including display, sales, circulation, parking, etc. shall be paved per City standards.

         g.   Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

         h.   Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.

      2.   Seasonal Sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:

         a.   Time Period. Seasonal sales associated with holidays are permitted up to a month preceding and one (1) week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.

         b.   Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.

      3.   Non-Profit Fund Raising. Fund raising sales by a non-profit organization are limited to seven (7) consecutive days twelve (12) times a year.

   E.   Long Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven (7) consecutive days but not more than three (3) months, may be permitted with Zoning Administrator approval and in accordance with the following standards:

      1.   Location. Events are limited to non-residential district.

      2.   Number of Events. Long term special events and sales are limited to no more than two (2) per year.

      3.   Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.

      4.   Signs. Outdoor uses may include the addition of one (1) nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 305, Signs. (Ord. 1866, 11-19-2019)

Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the Health and Safety Code constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. For example, if transitional housing is a multi-family use proposed in the RM-1 district, it is subject only to the same restrictions as other multi-family uses in the RM-1 district. (Ord. 1866, 11-19-2019)

   A.   Purpose And Intent:

      1.   The City Council, based on evidence presented to it in the proceedings leading to the adoption of this chapter, hereby finds that the cultivation, preparation, and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include increases in various types of crime due to outdoor grows, damage to buildings containing indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and related crimes. Many of these impacts have fallen disproportionately on residential neighborhoods, but nonetheless also negatively impact properties in the Commercial Districts. These impacts have also created an increase in response costs, including Code enforcement, building, land use, fire, and police staff time and expenses.

      2.   The City Council finds that the restrictions and/or prohibitions on non-commercial cultivation, commercial marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in its Charter and State law.

      3.   The purpose of this section is to restrict non-commercial cultivation, and to restrict and/or prohibit the establishment of commercial cannabis uses in the City.

   B.   Interpretation And Applicability:

      1.   Nothing in this section is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.

      2.   Nothing in this section is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.

      3.   Nothing in this section is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

      4.   Nothing in this section is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.

      5.   All cultivation activities within City limits shall be subject to the provisions of this section and other applicable provisions of this Code, regardless of whether the cultivation activities existed or occurred prior to adoption of this section.

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

 

   D.   Severability: If any part of this section is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

   E.   Personal (Non-Commercial) Cultivation And Other Activities: Personal, non-commercial cultivation and other activities including drying, harvesting, processing, smoking, and use are restricted pursuant to this section and/or chapter 18, article XI of the Municipal Code. Nothing in this section shall prohibit a person twenty one (21) years of age or older from engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, or inside an accessory structure located upon the grounds of a private residence. Alternatively, the six (6) or fewer plants may be grown outdoors within a locked space that is not visible by normal, unaided vision from a public place or from the surrounding properties. Additionally, the following requirements apply:

      1.   There shall be no exterior evidence of cannabis cultivation occurring at any property, from the public right-of-way.

      2.   Cannabis cultivation lighting shall not exceed 140,000 lumens (traditionally referenced as one thousand two hundred watts (1,200 W)).

      3.   If grown in an accessory structure, the structure(s) shall at all times meet the requirements of the latest adopted version of the California Building, Fire, Mechanical, Electrical and Plumbing Codes (collectively California Codes). All required electrical permits must be obtained pursuant to the California Codes and applicable regulations, and proper permits must be obtained from the Building Division prior to performing any work on electrical wiring or rewiring.

      4.   If required by the California Codes, the wall(s) adjacent to the cultivation area shall be constructed with five-eighths inch (5/8") type X moisture-resistant drywall.

      5.   Cannabis cultivation areas shall be secured by a functioning audible alarm at all times during growing seasons.

      6.   The growing of cannabis outdoors shall comply with setback requirements for the primary residence on the property subject to the zoning classification of the property.

      7.   Cannabis plants grown outdoors shall be grown in an area enclosed with a solid view obscuring fence, secured with self-closing and locking gates.

      8.   Areas for cultivation of cannabis shall be secured, locked, and fully enclosed, and rendered inaccessible to minors.

      9.   All restrictions set forth in chapter 18, article XI of the Municipal Code, applicable to cultivation, shall be complied with.

   F.   Prohibited Uses And Activities:

      1.   With the exception of cannabis dispensaries as set forth further in this section, and as regulated in chapter 15, article VII of the Municipal Code, commercial cannabis activity, whether or not for profit, is expressly prohibited in all zones, specific plans areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial cannabis activity anywhere within the City, unless expressly permitted by this section or elsewhere in the Municipal Code.

      2.   A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by the Municipal Code, and the activity at that location has been expressly authorized by the City in accordance with applicable City regulations and State laws. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

      3.   Unless expressly authorized by the Municipal Code, subsection F1 of this section shall prohibit all activities for which a State license is required pursuant to MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time, except for activities expressly authorized and permitted by the City. The City shall also not issue any local license to a nonprofit entity pursuant to California Business and Professions Code section 26070.5, except as expressly authorized and permitted by the City.

   G.   Permitted Use:

      1.   Location: Commercial cannabis dispensary uses shall be allowed to be established and operated by business owners (as defined in section 15-85 of the Municipal Code), that meet all of the requirements specified in this section and chapter 15, article VII of the Municipal Code, in the CG, DR-N, DR-S and Airport Industrial Zone Districts of the City, subject to having a valid State license for the operations, having a regulatory permit from the City, obtaining a City business license, and having entered into a Development Agreement between the business owners and the City. Any cannabis dispensary permitted to be established shall at all times be in compliance with this section and chapter 15, article VII of the Municipal Code, as it may be amended from time to time or repealed and replaced by another section governing cannabis dispensary operation, but subject to the terms and conditions within the applicable Development Agreement.

      2.   Number of Permits: The number of regulatory permits for cannabis dispensaries is limited to no more than two permits, plus an additional permit for every twenty five thousand (25,000) residents. The City Council may reserve one of the allowed permits exclusively for a medical cannabis dispensary use, in conformity with the applicable regulations set forth in chapter 15, article VII of the Municipal Code.

      3.   Distance Separation From Schools: All cannabis dispensaries shall comply with the distance separation requirements from schools as required by State law. In addition, a cannabis dispensary shall not be located within six hundred feet (600') from any existing school or proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1 - 12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of section 11362.768 of the Health and Safety Code unless otherwise provided by law.

      4.   Building Property Requirements: All building property requirements set forth in chapter 15, article VII of the Municipal Code shall also apply and are hereby incorporated by reference as if set forth fully herein.

      5.   Additional Requirements: Cannabis dispensary uses are additionally subject to all setback, signage, and other requirements applicable to the zone classifications they are located in, in addition to any applicable requirements set forth in this chapter and the Municipal Code, as well as the Downtown Design Guidelines, in applicable zone districts.

   H.   Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11-19-2019; amd. Ord. 1880, 2-16-2021; Ord. 1911, 6-3-2025)

The specific purposes of the affordable housing density bonus and other incentives regulations are to:

   A.   Allow for density bonuses and additional incentives, consistent with Government Code Section 65915, for affordable housing lower and moderate income households, for seniors and disabled persons, and for development that includes a childcare facility;

   B.   Implement the policies of the General Plan Housing Element to expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and

   C.   Establish requirements for resale and rental controls to ensure that units remain affordable for at least thirty (30) years or such other term as required by the City, consistent with State law. (Ord. 1866, 11-19-2019)

   A.   State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.

   B.   Land Use Compatibility. All affordable housing units shall be dispersed throughout the community. Affordable housing units within market-rate projects shall be comparable with the design of market-rate units in appearance, use of materials, and finished quality. Building forms, materials and proportions shall comply with the standards of Series 200.

   C.   Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.

   D.   Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.

   E.   Income Levels. For purposes of determining income levels of households under this chapter, the City shall use the Tulare County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations. (Ord. 1866, 11-19-2019)

   A.   Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Ordinance and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following:

      1.   Lower Income Units. A density bonus of twenty (20) percent if ten (10) percent of the total units of a housing development are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

      2.   Very Low Income Units. A density bonus of twenty (20) percent if five (5) percent of the total units of a housing development are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

      3.   Senior Citizen Housing Development. A density bonus of twenty (20) percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.

      4.   Moderate Income Units in Condominium and Planned Use Developments. A density bonus of five (5) percent if ten (10) percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

   B.   Additional Sliding Scale Density Bonus. As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection (a) under the following provisions:

      1.   Lower Income Dwellings. For each additional one (1) percent increase above ten (10) percent units affordable to lower income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum density bonus of thirty-five (35) percent of the maximum allowable residential density for the site.

      2.   Very Low Income Dwellings. For each additional one (1) percent increase above five (5) percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two (2) and one-half (2.5) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

      3.   Condominium and Planned Development Units. For each additional one (1) percent increase above ten (10) percent units affordable to moderate income households, the density bonus shall be increased by one (1) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

   C.   Extra Density Bonus. Provided a resulting housing development would not restrict more than 50 percent of the total units to moderate income, lower income, or very low income households, an additional density bonus calculated pursuant to Table 302.03-A or Table 302.03-B shall be granted when an applicant proposes to construct a housing development that conforms to the requirements of Subsections (a) and (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:

      1.   The housing development conforms to the requirements of Subsections (a) and (b) and provides 24 percent of the total units to lower income households.

      2.   The housing development conforms to the requirements of Subsections (a) and (b) and provides 15 percent of the total units to very low income households.

      3.   The housing development conforms to the requirements of Subsections (a) and (b) and provides 44 percent of the total units to moderate-income households.

      4.   An additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows. These increases shall be in addition to any increase in density granted by Subsections (a) and (b) and shall be calculated using the number of units excluding any density bonus awarded by this section.

 

 

   D.   Qualifying Projects-Number of Units. The bonuses under Subsections (a) and (b) are applicable to residential projects of five (5) or more units, and senior housing projects of more than thirty-five (35) units.

   E.   Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of paragraphs (1), (2), (3), or (4) of Section 302.03.(a), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

   F.   Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 302.05, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (a) of this section.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

   A.   Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:

      1.   Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility.

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

   B.   Conditions of Approval. The City shall require, as a condition of approving the housing development that the following occur:

      1.   Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.

      2.   Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

   C.   Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities. (Ord. 1866, 11-19-2019)

   A.   Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

      1.   One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or

      2.   One (1) incentive or concession for senior citizen housing developments; or

      3.   Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or

      4.   Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.

      5.   Four (4) incentives or concessions for projects that include at least sixteen (16) percent of the units for very low income households or at least forty-five (45) percent for persons and families of moderate income in a development in which the units are for sale.

      6.   Five (5) incentives or concessions for one hundred percent affordable developments, including total units and density bonus units, but exclusive of a manager’s unit or units, that are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households.

      7.   The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraph one (1), two (2), three (3), four (4), five (5), or six (6) of this section.

   B.   Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (a), unless the City makes a written finding that either:

      1.   The concession or incentive is not necessary in order to provide the proposed targeted units, or

      2.   The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

      3.   Notwithstanding the restriction in Subsection (a)(5) above, the applicant may propose and the City may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

   C.   Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:

      1.   Modification of Development Standards. Up to twenty (20) percent in modification of site development standards or zoning code requirements that exceed minimum building code standards and fire code standards, including, but not limited to:

         a.   Reduced minimum lot sizes and/or dimensions.

         b.   Reduced minimum building setbacks and building separation requirements.

         c.   Reduced minimum outdoor and/or private usable open space requirements.

         d.   Increased maximum lot coverage.

         e.   Increased maximum building height.

      2.   Parking. Upon the applicant’s request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (a).

         a.   One (1) on-site space for studios to one (1) bedroom units;

         b.   Two (2) on-site spaces for two (2) to three (3) bedroom units; and

         c.   Two and a half (2.5) on-site spaces for four (4) more bedroom units.

         d.   For purposes of this section, at the applicant’s request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.

      3.   Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

      4.   Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.

(Ord. 1866, 11-19-2019; amd. Ord. 1909, 1-21-2025)

An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:

   A.   A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;

   B.   The level of affordability of the dedicated units;

   C.   A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915;

   D.   If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and

   E.   If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus. (Ord. 1866, 11-19-2019)

   A.   Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of thirty (30) years or such other term approved by the City, consistent with State law.

   B.   Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the Zoning Administrator and/or City Attorney, who shall formulate a recommendation to the decision making body for final approval. This agreement shall include, but is not limited to, the following:

      1.   Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

      2.   Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

      3.   Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.

      4.   Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

      5.   Schedule. A schedule for the completion and occupancy of the affordable housing units.

      6.   Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

      7.   Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

      8.   Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

      9.   Other Provisions. Other provisions to ensure implementation and compliance with this chapter.

      10.   Condominium and Planned Developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

         a.   Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Ordinance.

         b.   Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.

         c.   Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

      11.   Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:

         a.   The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.

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

         c.   Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. (Ord. 1866, 11-19-2019)

The specific purposes of the landscaping regulations are to:

   A.   Improve the appearance of the community by requiring aesthetically pleasing landscaping on public and private sites;

   B.   Aid in energy conservation by providing shade from the sun and shelter from the wind;

   C.   Soften the appearance of parking lots and other development through landscaping;

   D.   Promote conservation of water resources through the use of native and drought-tolerant plants, and water-conserving irrigation practices; and

   E.   Minimize or eliminate conflicts between potentially incompatible but otherwise permitted land uses on adjoining lots through visual screening. (Ord. 1866, 11-19-2019)

The standards of this chapter apply to all new development or improvements subject to project review and building permits. (Ord. 1866, 11-19-2019)

The following design principles are general standards to be used by City staff in evaluating whether landscape plans conform to the requirements of this chapter:

   A.   Natural Landscapes. Landscape designs shall incorporate and enhance existing natural landscapes and existing specimen trees and native vegetation (including canopy, understory, and ground cover). Particular care shall be given to preserve intact natural landscapes. Where previous landscaping has dramatically altered natural landscapes, new designs shall seek to reestablish natural landscape patterns and plantings. Natural landscapes and native vegetation do not include weeds.

   B.   Composition. The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials shall include a combination of ground covers, shrubs, vines and trees with a variety of plant heights and colors.

   C.   Buffering and Screening. The placement of natural landscape materials (trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and for screening the view of any parking or storage area, refuse collection, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. When used to screen an activity area such as a parking lot, landscaping shall not interfere with public safety.

   D.   Responsive to Local Context and Character. Landscape designs shall build on the site’s and area’s unique physical characteristics, conserving and complementing existing natural features. Naturalistic design elements such as irregular plant spacing, undulating berm contours, and mixed proportions of plant species shall be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. Selection and spacing of plant material shall be reflective of the surrounding area’s character.

   E.   Use of Native and Drought Resistant Plants. Landscape designs shall feature native and/or related plant species and avoid invasive species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats shall be incorporated into the landscape design. In the same manner, landscape designs shall utilize drought tolerant plant materials to the maximum extent feasible. The use of drought tolerant plants shall enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water.

   F.   Continuity and Connection. Landscaping shall be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Where the design intent and the surrounding landscape is naturalistic, plant materials shall blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. Where the design intent and the surrounding landscape is formal, consistent or similar plant material and spacing shall be utilized. Exceptions shall be made when seeking to create a transition between uses, districts, and tiers.

   G.   Enhancing Architecture. Landscape designs shall be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements shall be designed to complement architectural elevations and rooflines through color, texture, density, and form on both vertical and horizontal planes. Landscaping shall be in scale with on-site and adjacent buildings. Plant material shall be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and window boxes shall incorporate artistic elements and be compatible with a building’s architectural character. (Ord. 1866, 11-19-2019)

The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations.

   A.   Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.

   B.   Interior Property Lines Abutting R Districts. A minimum five (5) foot wide landscape buffer shall be provided along interior property lines, where no building abuts a property line, in districts adjacent to an R district.

   C.   Building Perimeters. The portions of a building façade that face onto a customer parking lot or front a public street shall have one (1) or more landscape planters installed along a minimum twenty (20) percent of that building face. The minimum width of the planter shall be three (3) feet. This standard does not apply where a building is located on the front or corner side property line and there is no setback between the building and the property line.

   D.   Landscaping in Parking Areas. Parking areas shall be landscaped as required by Article 304, On-Site Parking and Loading.

   E.   Orchards and Gardens. Areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens.

   F.   Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state. Access to the unused portion of the site shall be prohibited by a concrete curb, timber barrier or other barrier not less than six (6) inches high. (Ord. 1866, 11-19-2019)

   A.   Materials:

      1.   General. Landscaping shall consist of a combination of ground covers, shrubs, vines, and trees. Landscaped areas may include paved or graveled surfaces. Plant materials shall be selected from those species and varieties known to thrive in the Porterville climate and/or listed in Sunset’s Western Garden Book, Region No. 9. Recirculating water shall be used for decorative water features.

      2.   Ground Cover Materials. Ground cover shall be of living organic plant material. Ground cover may include grasses. The exclusive or majority use of non-plant materials such as gravel, colored rock, cinder, bark, and similar materials may not be used to meet the minimum planting area requirements required by this chapter. Mulch is not a substitute for ground cover plants.

      3.   Turf Allowance/Drought-Tolerant Materials. The maximum amount of lawn in required landscape areas shall be twenty-five (25) percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than twenty-five (25) percent is prohibited. The use of drought-tolerant or artificial turf plant materials is preferred in these applications to conserve the City’s water resources.

      4.   Mulch. A minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or other special planting situations where mulch is not recommended. Stabilizing mulching products shall be used on slopes.

      5.   Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of the following size and spacing at the time of installation:

         a.   Ground Covers. Areas planted in ground cover plants other than grass seed or sod shall be planted at a rate of one (1) per twelve (12) inches on center.

         b.   Shrubs. Shrubs shall be a minimum size of one (1) gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two (2) to four (4) feet of spacing, depending on the plant species.

         c.   Trees. Trees shall be a minimum of fifteen (15) gallons in size with a one (1) inch diameter at breast height (dbh) spaced at thirty-five (35) feet on center. Newly planted trees shall be supported with stakes or guywires.

   B.   Dimension of Landscaped Areas. No landscaped area smaller than three (3) feet in any horizontal dimension shall count toward required landscaping.

   C.   Drivers’ Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety. Notwithstanding other provisions of this section, landscaping must comply with Section 300.16, Visibility at Intersections and Driveways. (Ord. 1866, 11-19-2019)

   A.   Consistency with Approved Plans. All landscaping and screening shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

   B.   Timing of Installation. Required landscaping and screening shall be installed prior to the issuance of a Certificate of Occupancy for the associated project.

   C.   Exception-Assurance of Landscaping Completion. The Zoning Administrator may permit the required landscaping to be installed within one hundred twenty (120) days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to one hundred fifty (150) percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within one hundred twenty (120) days, shall be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

   D.   Certification of Substantial Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of substantial completion shall be submitted to the City by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified, that the irrigation system was installed as designed, along with a list of any deficiencies. (Ord. 1866, 11-19-2019)

The specific purposes of the on-site parking and loading regulations are to:

   A.   Ensure that parking uses are provided for new land uses and major alterations to existing uses to meet the parking needs created by such uses;

   B.   Establish standards and regulations for the developer, owner, or operator of any specific use occurring outdoors or within an existing, newly constructed, or relocated building to provide well-designed, on-site parking areas; and

   C.   Ensure that on-site parking and loading areas are designed and located to protect the public safety; minimize congestion and conflict points on travel aisles and public streets; and where appropriate, buffer surrounding land uses from their impact. (Ord. 1866, 11-19-2019)

The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

   A.   New Buildings and Land Uses. On-site parking and loading shall be provided according to the provisions of this chapter at the time any main building or structure is erected or any new use is established.

   B.   Expansion and Change in Use of Existing Buildings. When an expansion of floor area or change in use classification creates an increase of ten (10) percent or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this chapter.

   C.   Reconstruction. Additional parking spaces are not required for the remodel or reconstruction of an existing building when there is no increase in footprint or floor area.

   D.   Alterations that Increase Number of Dwelling Units. If an alteration to an existing building increases the number of residential dwelling units on the site, on-site parking to serve the new dwelling units shall be provided according to the provisions of this chapter.

   E.   When Constructed. On-site parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. (Ord. 1866, 11-19-2019)

   A.   Existing Parking and Loading to be Maintained. No existing parking or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute parking or loading facilities are provided or a parking reduction is approved pursuant to Section 304.06, Parking Reductions.

   B.   Use of Required Parking Spaces. Required on-site parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use, unless specifically authorized by another provision of this Ordinance.

   C.   Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking or loading facilities required by this chapter, provided that facilities used for on-site parking and loading as of the date of adoption of this Ordinance are not reduced in number to less than that required by this chapter. (Ord. 1866, 11-19-2019)

   A.   Minimum Number of Spaces Required. Each land use shall be provided at least the number of on-site parking spaces stated in Table 304.04(A).

   B.   Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

      1.   Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half (0.5) or greater, shall be considered one (1) additional space; if the fraction is less than one-half (0.5), it shall result in no additional spaces.

      2.   Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

      3.   Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

      4.   Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standard of the Building Code as a bedroom shall be counted as a bedroom.

      5.   Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at the state-certified capacity.

      6.   Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each eighteen (18) inches of bench-type seating at maximum seating capacity is counted as one (1) seat.

   C.   Existing Spaces-Role in Parking Calculation. The number of parking or loading spaces required for an expansion or change in use, shall be based on the existing spaces plus the additional spaces prescribed in this section, unless the preexisting number is already greater than the number required.

   D.   Downtown Parking-Role in Parking Calculation. For properties in the Downtown districts, on-street parking spaces may be counted toward required off-street parking for non-residential uses in an amount equal to the proportionate share of the block face. For example, a site that occupies twenty-five (25) percent of the block face is credited with twenty-five (25) percent of the on-street parking spaces along that block face. These provisions apply to street frontages where on-street parking is allowed as identified in 304.07 Downtown Parking Districts.

   E.   Sites with Multiple Uses. If more than one (1) use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements prescribed for each use unless a reduction for shared parking is approved pursuant to Section 304.06(b), Shared Parking, and except for commercial centers with two (2) or more commercial establishments, which shall be provided parking at a ratio of one (1) parking space per three hundred (300) square feet of floor area if the floor area is more than fifty thousand (50,000) square feet.

   F.   Uses Not Specified. The parking requirement for any use not listed in Table 304.04(A) shall be determined by the Zoning Administrator based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Zoning Administrator may require the applicant to submit a parking demand study or other information, at the applicant’s cost.

   G.   Parking Requirements Determined by Zoning Administrator. Where the parking requirement in Table 304.04(A) is listed as “to be determined by the Zoning Administrator,” the Zoning Administrator shall establish the parking requirement based on the particular characteristics of the proposed use, and any other relevant data regarding parking demand. The Zoning Administrator may require the applicant to submit parking studies or any other information needed to assess parking demand for the proposed project. Where a Conditional Use Permit is required for the use, the ultimate parking requirement will be established by the Conditional Use Permit.

   H.   Queuing Area. The number of parking spaces required by Table 304.04(A) does not include queuing space that may be required for vehicles and customers waiting in vehicles for service at drive-through facilities, pump stations, auto service bays, or similar uses. Queuing Area shall provide space for six (6) vehicles (restaurants shall provide spacing from the menu board). In lieu of this standard, a focused traffic study which models vehicular queuing may be prepared subject to Zoning Administrator approval. The stacking area shall not interfere with other on-site circulation and parking facilities. Where required, queuing area shall be measured as twenty (20) feet per car.

 

(Ord. 1866, 11-19-2019; amd. Ord.1909, 1-21-2025)

   A.   Single-Family Dwellings and Second Units. Required parking for a Single-Family Dwelling (except a manufactured home located within a manufactured home park) and a Second Unit shall be located on the same lot as the dwelling(s) served, and shall not be located within a required front or street-facing side yard. For purposes of this section, the required front yard setback is twenty (20) feet.

   B.   Multi-Family Residential, Group Housing, and Manufactured Homes. Required parking for Multi-Family Residential, Group Housing, manufactured homes located in a manufactured home park, and other residential uses, shall be located on the same lot as the dwelling served, or in a common parking area not more than four hundred (400) feet from the dwellings served. If located in a common parking area, a parking agreement shall be filed as provided in Subsection (d)(2) of this section. Parking shall not be located within a required front or street-facing side yard.

   C.   Nonresidential Uses. Required parking spaces serving commercial, industrial, and other non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection (d) of this section.

   D.   Off-Site Parking Facilities. A parking facility serving one (1) or more non-residential uses located on a site other than the site of one (1) or more such use(s) may be approved if the standards of this subsection are met.

   1.   Location. Any off-site parking facility shall be located within four hundred (400) feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

   2.   Parking Agreement. A written agreement between the landowner(s) and the City shall be filed, in a form satisfactory to the City Attorney, and including:

      a.   A guarantee among the landowner(s) for access to and use of the parking facility;

      b.   A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation; and

      c.   Evidence that the agreement has been recorded in the County Recorder’s office.

(Ord. 1866, 11-19-2019)

The number of on-site motor vehicle parking spaces required by Table 304.04(A) may be reduced in accordance with the provisions of this section.

   A.   Residential Uses. If a developer can demonstrate that a Multi-Family Residential, Group Residential, or service-oriented housing project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as such a project designed for a general market, the City Council shall have the authority to allow a reduction in the number of required parking spaces. Upon conversion of a senior citizen or other special needs group housing project to a general market apartment or condominium complex, parking shall be provided consistent with the requirements of Table 304.04(A).

   B.   Shared Parking. Where a shared parking facility serving more than one (1) use will be provided, the total number of required parking spaces may be reduced with a Minor Conditional Use Permit, if the City Council finds that all of the following are true:

      1.   The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

      2.   The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;

      3.   A parking demand study prepared by an independent qualified professional approved by the City supports the proposed reduction; and

      4.   In the case of a shared parking facility that serves more than one (1) property, a parking agreement has been prepared consistent with the provisions of Section 304.05(d), Off-Site Parking Facilities.

   C.   Other Parking Reductions. Required parking for any use may be reduced through approval of a Minor Conditional Use Permit.

      1.   Criteria for Approval. The City Council shall consider the following before approving a Minor Conditional Use Permit.

         a.   The required findings in Chapter 605, Conditional Use Permits are met.

         b.   Special conditions-including but not limited to the nature of the proposed operation, proximity to frequent transit service, transportation characteristics of persons residing, working, or visiting the site, or because the applicant has undertaken a transportation demand management program-exist that will reduce parking demand at the site;

         c.   The use will adequately be served by the proposed parking; and

         d.   Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

      2.   Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the Zoning Administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes any of the following information, as directed by the City:

         a.   Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.

         b.   A survey of existing on-street and on-site parking within three hundred fifty (350) feet of the project site.

         c.   Parking requirements for the net change in square footage and/or change in use, based on the requirements of Table 304.04(A).

         d.   Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the City may require the applicant to conduct a parking demand survey of a development similar to the proposed.

         e.   Comparison of proposed parking supply with parking requirements and net change in parking demand.

         f.   A shared parking analysis, as appropriate.

         g.   A description of possible Transportation Demand Management measures, such as preferential carpool spaces, telecommuting or staggered works shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycles, or other measures that could result in reduced parking demand.

         h.   Other information as required by the City. (Ord. 1866, 11-19-2019)

   A.   Purpose. The City has established two (2) downtown parking districts in the downtown area in recognition that due to the concentration and mix of uses in the downtown area, parking spaces will be shared among uses and the actual demand for spaces in these areas is less than what would otherwise be necessary. In addition, the proximity to the City transit center further reduces parking demand in these areas.

   B.   Required Parking Spaces. The number of off-street parking spaces required within the zones of Downtown Parking District No. 1, as shown in Figure 304.07(A), shall not be less than stated in Table 304.07(B). The number of off-street parking spaces in Downtown Parking District No. 2, as shown in Figure 304.07(B) shall be determined by the City Council.

 

 

   C.   In Lieu Payments. In lieu of providing the parking spaces required in Table 304.07(B), the person required to provide said parking spaces may pay to the City an amount to be established by the City Council. All monies collected pursuant to this section shall be deposited in a special fund with said fund to be used only for the purpose of acquisition of properties and construction of parking spaces within the respective downtown parking district. For all projects within Downtown Parking District No. 1-Zone E and projects that exceed two (2) stories in Downtown Parking District No. 2, the in lieu payment option is subject to City Council approval.

   D.   Exceptions. The following uses are not subject to the parking space requirements in Table 304.07(B) and shall instead provide parking in accordance with Table 304.04(A).

      1.   All residential uses.

      2.   Bowling lanes.

      3.   Commercial Entertainment and Recreation Facilities.

      4.   Drive-In Restaurants.

      5.   Gymnasiums.

      6.   Hotels and Motels.

      7.   Theaters.

   E.   Location of Parking. The parking spaces required by this chapter shall be located within the boundaries of the respective downtown parking district or immediately adjacent to the district. (Ord. 1866, 11-19-2019)

Bicycle parking shall comply with the latest edition of the California Green Building Standards Code, and the location of such parking shall be shown on the site plan. (Ord. 1866, 11-19-2019)

   A.   Loading Spaces Required. A building, or part thereof, having a floor area of ten-thousand (10,000) square feet or more that is to be occupied by a manufacturing plant, storage facility, warehouse facility, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide at least one (1) on-site loading space, plus one (1) additional loading space for each additional forty thousand (40,000) square feet of floor area. Such on-site loading space shall be maintained during the existence of the building or use that it is required to serve.

      1.   Reduction in Number of Loading Spaces Required. The loading space requirement may be waived upon a finding that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space will not be needed.

      2.   Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

   B.   Minimum Size. Each on-site loading space required by this chapter shall not be less than twelve (12) feet wide, thirty (30) feet long, and fifteen (15) feet high, exclusive of driveways for ingress and egress and maneuvering areas.

   C.   Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. (Ord. 1866, 11-19-2019)

   A.   Handicapped Parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance and in accordance with the Americans with Disabilities Act.

   B.   Compact Parking. On a site with at least ten (10) parking spaces, up to ten (10) percent of the total required parking spaces may be compact spaces, provided that the following standards are met:

      1.   In residential parking areas, all parking spaces that are required to be covered shall be standard size; and

      2.   All compact spaces are to be designated with a sign or pavement marking.

   C.   Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall be provided to meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

      1.   Standard Parking Spaces. The minimum basic dimension for standard parking spaces is nine (9) feet by twenty (20) feet. This dimension is reduced to nine (9) feet by eighteen (18) feet where an additional two (2) feet of sidewalk or landscaped area planted with low growing plants is provided for vehicle overhang. Table 304.10(C)(1) provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces.

 

 

      2.   Compact Parking Spaces. The minimum basic dimension for compact parking stalls shall be seven (7) feet by sixteen (16) feet.

      3.   Parking Spaces Abutting Wall or Fence. Parking spaces shall be located a minimum of two (2) feet from any wall, fence, column, or other obstruction higher than one-half (0.5) feet.

      4.   Long-term Parking. In parking areas, or portions of parking areas, restricted to employee use rather than customer or visitor use, and in which a vehicle is not normally moved during the period of an employee’s work shift, the width of parking spaces may be reduced to eight and one-half (8.5) feet and the stall depth for standards spaces may be reduced to eighteen (18) feet.

      5.   Minimum Dimensions for Residential Carports. Each single-car carport shall measure at least eleven (11) feet wide by twenty (20) feet long. Each double carport shall measure at least twenty (20) feet wide by twenty (20) feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire twenty (20) feet length of the space.

      6.   Minimum Dimensions for Residential Enclosed Garages. Enclosed garages serving residential uses shall be constructed to meet the following minimum inside dimensions.

         a.   A single-car garage shall be at least eleven (11) feet wide and twenty (20) feet long.

         b.   A double-car garage shall be at least twenty (20) feet wide and twenty (20) feet long.

   D.   Surfacing:

      1.   Residential. New residences or improvements to an existing residence of $25,000 or more within a two (2) year period shall provide a paved driveway consisting of concrete, asphalt concrete, pavers or other like material.

      2.   Non-Residential.

         a.   For parking, aisles, and access drives that are used on a daily basis asphalt concrete or concrete paving is required.

         b.   For long term parking or storage inside a secured enclosure that is not used on a daily basis any combination of asphalt concrete, concrete, pavers, decomposed granite or like material that creates a dust-free surface may be approved by the Zoning Administrator and the City Engineer.

         c.   Fire access roads shall be designed to carry the traffic loads anticipated.

         d.   Improvements to parking areas to be utilized for overflow parking or special events may be approved by the Zoning Administrator and City Engineer

   E.   Parking Lot Striping. All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

   F.   Perimeter Curbing. A six (6) inch wide and six (6) inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Where a parking facility abuts an area planned for a future phases of a phased development a timber barrier or other barrier not less than six (6) inches high may be installed instead of a curb.

   G.   Lighting. Parking areas designed to accommodate ten (10) or more vehicles shall be provided with a minimum of one-half (0.5) foot-candle and a maximum average of three (3) foot-candles of light over the parking surface during the hours of use from one-half (0.5) hour before dusk until one-half (0.5) hour after dawn. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Chapter 306, Performance Standards.

   H.   Separation From On-Site Buildings. Parking areas shall be separated from the front and side exterior walls of on-site buildings by walkways at least four (4) feet in width.

   I.   Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 303, Landscaping, as well as the standards of this subsection. The provisions of this subsection apply to all uses except Single-Family Dwellings and Duplexes.

      1.   Landscape Area Required. A minimum of ten percent (10%) of any parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas.

      2.   Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five (25) square feet in area, or four (4) feet in any horizontal dimension, excluding curbing.

      3.   Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

         a.   Landscaped planting strips at least four (4) feet wide between rows of parking stalls;

         b.   Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

         c.   Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

         d.   On-site landscaping at the parking lot perimeter.

      4.   Required Landscaped Islands. A landscaped island at least six (6) feet in all interior dimensions and containing at least one (1) fifteen (15) gallon size tree shall be provided at each end of each interior row of parking stalls and between all consecutive parking stalls in the following ratios:

         a.   Between every eight (8) stalls in any non-residential development;

         b.   Between every six (6) consecutive stalls in a residential development or in a mixed-use development in which residential units overlook on-site parking areas.

      5.   Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped buffer area shall be provided between any surface parking area and any property line adjacent to a public street. The landscaped buffer shall have a minimum width as listed below unless a different dimension is specified in the base district standards applicable to a site.

         a.   Residential Districts: Five (5) feet. Landscaped parkways or strips between the property line and the sidewalk count toward this requirement.

         b.   Non-residential Districts: Six (6) feet clear of overhang.

      6.   Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three (3) feet wide shall be provided between the outside edge of any surface parking area and any adjacent lot for the length of the parking area and a five (5) feet wide landscaped area shall be provided where commercial abuts an R district.

      7.   Trees. Trees shall be planted to result in fifty percent (50%) shading of parking lot surface areas within fifteen (15) years. In lieu of calculating shading, the applicant may provide a tree in landscaped islands between every six (6) parking spaces consistent with §304.10(I)(4).

         a.   Distribution. Trees shall be distributed relatively evenly throughout the parking area.

         b.   Species. Required trees for parking lots shall be selected from a list of recommended trees maintained by the Community Development Department or as listed in Sunset’s Western Garden Book, suitable for Region No. 9.

         c.   Minimum Planter Size. Any planting area for a tree shall have a minimum interior dimension of five (5) feet. Additional space may be required for some tree species.

      8.   Protection of Vegetation.

         a.   Clearance from Vehicles. All landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two (2) foot clearance of low-growing plants where a vehicle overhang is permitted.

         b.   Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six (6) inches wide and six (6) inches high.

       9.   Irrigation. All landscaped areas shall be provided with an automatic sprinkler system.

      10.   Visibility and Clearance. Landscaping in planters at the end of parking aisles may not obstruct drivers’ vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight (8) feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed thirty (30) inches in height.

   J.   Circulation and Safety

      1.   Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

      2.   Off-street parking and loading areas shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only. This standard shall not apply to parking areas serving Single-Family Dwellings or duplexes served by individual driveways.

      3.   Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.

      4.   Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-family residential developments of five (5) or more units shall be provided pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are eighty (80) feet or more in depth and/or include fifty (50) or more parking spaces shall have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

         a.   Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, no more than one hundred twenty-five (125) percent of the straight-line distance.

         b.   Materials and Width. Walkways shall provide at least five (5) feet of unobstructed width and be paved with concrete, stone, tile, brick, or comparable material.

         c.   Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.

         d.   Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it shall be raised and separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.

(Ord. 1866, 11-19-2019)

Parking and storing of recreational vehicles, boats, campers, trailers and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six (6) foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima fascia evidence of occupation as a residence. At no time shall commercial vehicles greater than a one-ton rating be parked or stored on residentially zoned properties. Storage on the street is limited pursuant to Sections 17-10.4, 17-11.7, 17-11.8, and 17-11.9 of the Porterville Municipal Code. (Ord. 1866, 11-19-2019)

The purpose of this chapter is to establish clear and reasonable regulations to ensure the orderly display of signs as a city-wide information system, consistent with State and federal law. These regulations recognize the desire and right of each individual, business, firm or corporation to identify its residence, business, or service. At the same time, they acknowledge that the indiscriminate erection, placement, illumination, color, size, and lack of proper maintenance of signs and advertising structures may create conditions affect public safety or property values. Specifically, these regulations are intended to:

   A   Ensure signs and advertising structures are designed, erected, and maintained in a manner that supports effective communication and avoids obstructing the visibility of nearby or adjacent signs;

   B.   Prohibit the installation and maintenance of signs or advertising structures that create unsafe distractions for motorists or interfere with visibility of traffic signs, signals, safe vehicle movement;

   C.   Prevent the installation and maintenance of signs or advertising structures, that individually or collectively, negatively impact the city’s economic health;

   D.   Ensure that the size and location of signs and advertising structures do not interfere with fire protection or emergency response efforts, and do not create safety hazards for vehicle or pedestrian traffic, particularly in cases of structural failure during severe weather or earthquakes, or due to impaired visibility; and

   E.   Protect public health and safety and promote general welfare. (Ord. 1918, 10-7-2025)

The policies and principles stated in this Section apply to all signs regulated under this Chapter and to all related procedures. These policies take precedence over any conflicting provisions, even if those provisions appear more specific.

   A.   Permit Requirement. Unless expressly exempted by this Chapter or by other applicable law a Building Permit is required only for Signs that are subject to review by the Building Department. All other signs regulated by this Chapter may be displayed without a permit unless otherwise specified. If the sign requires such permit, it may be displayed only with a valid permit issued by the City.

   B.   Message Neutrality. It is the City’s policy to regulate signs in a constitutional, manner that is content neutral for noncommercial messages and viewpoint neutral for commercial messages.

   C.   Regulatory Interpretations. All regulatory interpretations of this Chapter shall be made in accordance with the City’s message neutrality policy. If a proposed sign type is not expressly allowed or prohibited by this Chapter, or if a sign does not meet the definition of a “structure” under the Building Code, the Zoning Administrator shall review the application based on the most comparable regulated sign type and determine whether to approve, conditionally approve, or deny the request using reasonable and consistent judgement.

   D.   Substitution of Messages. Subject to the property owner’s consent, any noncommercial message may be substituted for another noncommercial message on a legally permitted or allowed sign, without requiring additional permits or approvals, provided that the sign structure or mounting device itself is lawful without regard to message content. This provision is intended to ensure treatment of noncommercial speech and to avoid any unintentional preference for commercial messages. This section does not permit an increase in the total number or area of signs on a parcel, authorize changes to the physical structure or location of a sign, or allow substitution of an off-site commercial message for an on-site commercial message. Changing one on-site commercial message to another may still require a permit if otherwise required by this Chapter.

   E.   Rules for Non-communicative Aspects of Signs. All regulations related to the physical characteristics of signs, including location, size, height, illumination, spacing, and orientation, remain fully enforceable regardless of message content and apply independently of the permitting or approval process.

   F.   Situs of Non-commercial Message Signs. The distinction between onsite and offsite signs applies only to commercial messages. Non-commercial messages are not subject to location-based restrictions under this Chapter.

   G.   Property Owner’s Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the person or entity holding legal title to the property, as well as anyone with a current right to possess, control, or use the property.

   H.   Legal Nature of Signage Rights and Duties. For all signs attached to property, whether real or personal, the rights, responsibilities, and obligations under this Chapter apply to and remain with the land or property where the sign is mounted or displayed. This provision does not change or affect laws related to fixtures, private lease terms about signage (so long as they do not conflict with this Chapter), or ownership of sign structures.

   I.   Sign Programs. Sign programs for specific developments, including special sign districts or overlay zones, may allow modifications to the rules in this Chapter related to size, height, number, illumination, spacing, orientation or other noncommunication aspects of signs, subject to agreement between the private parties to comply with said program and if approved by the Approving Authority. However, no sign program may override or change the basic policies outlined in this Section. All provisions in this Section automatically apply to any sign program approved after the effective date of this article.

   J.   Severability. If any section, sentence, clause, phrase, word, or provision of this Chapter is found to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. The City Council affirms that it would have adopted this Chapter even without any part that may later be found invalid or unenforceable. (Ord. 1918, 10-7-2025)

The requirements and development standards in this chapter apply to signs in every zoning district, unless a specific exception is stated. (Ord. 1918, 10-7-2025)

The City Council may choose to adopt design principles via resolution or via amendment of this article. Criteria may include but are not limited to architectural compatibility, consistency with area character, legibility, finish, and visibility. Any such criteria may be applied throughout the city or to specific, delineated areas. (Ord. 1918, 10-7-2025)

The following signs are exempt from the permit requirements of this Chapter provided they meet the applicable standards and obtain a building permit if required by law.

   A.   Government-Recognized Historical or Memorial Markers. Signs installed by a civic organization recognized by the City Council, constructed of bronze, stone, or other durable, non-combustible materials, or permanently cut into a masonry surface, and used to identify historical or memorial buildings or sites.

   B.   Temporary Business Transition Signs. A temporary attachment or covering made of wood, plastic, canvas, or similar material may be placed over an existing permanent sign during a business transition, such as a change in ownership or remodeling. The temporary sign must not exceed the size of the previous sign and may be displayed for up to one (1) year after a change in ownership. For maintenance, see Section 306.08, Maintenance.