1.   Compliant with State and Federal law;

      2.   Consistent with the General Plan;

      3.   Consistent with all applicable City of Reedley and Fresno County regulations; and

      4.   Harmonious with existing and future development.

         a.   Protect residential, commercial, industrial, civic areas while minimizing adverse impacts of existing uses.

         b.   Protect the public from the harmful effects attributable to the sale of alcoholic beverages.

         c.   Provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

         d.   Provide mechanisms to address problems often associated with the public consumption of alcoholic beverages.

         e.   Provide properly maintained alcoholic beverage sale establishments.

         a.   The alcohol beverage sales establishment does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

         b.   The alcohol beverage sales establishment does not result in repeated nuisance activities within the premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests, or any conduct or activity prohibited by Title 5, Chapter 1 or 8 or Title 4, Chapter 2 of the Reedley City Code.

         c.   The alcohol beverage sales establishment does not result in violations to any applicable provision of any other City, State, or Federal regulation, ordinance, or statute.

         d.   The alcohol beverage sales establishment's upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

      3.   At the public hearing, the Planning Commission, using their independent judgement, shall determine whether the alcohol beverages sales establishment conforms to the standards established in this Section, and may continue to operate, or if reasonable changes or modifications are required to ensure life, health, and safety concerns of the public are addressed.

      4.   The decision of the Planning Commission shall be based upon information compiled by the Chief of Police and the Community Development Director, and testimony from the business owner and all other interested parties. The determination of the Planning Commission shall become final ten (10) calendar days (excluding City-recognized holidays) after the date of decision unless appealed to the City Council in compliance with Section 10.110.040 (Noticing and Public Hearing Procedures).

         a.   An appeal may be taken to the City Council by the owner of a deemed approved activity and/or alcohol-related Conditional Use Permit or any other interested party. Such an appeal shall be made on a form prescribed by the City. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission or wherein its decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Upon receipt of the appeal and the required appeal fee in accordance with the adopted Master Fee Schedule, the City Clerk shall set the date for consideration thereof.

         b.   The City Clerk or their designee shall give written notice to: the applicant; the appellant in those cases where the applicant is not the appellant; the adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as appropriate, of the date and place of the hearing on the appeal.

         c.   In considering the appeal, the City Council shall determine whether the established use conforms to the applicable performance standards and/or conditions of approval and may continue or revoke a deemed approved status; or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards.

         d.   The City Council shall vote on the appeal within forty-five (45) calendar days (excluding City-recognized holidays) after its first hearing of the appeal. If the City Council is unable to decide on the appeal at that meeting, it shall appear for a vote on each regular meeting of the City Council thereafter until decided. The decision of the City Council on the appeal to the conditions of approval imposed by the Planning Commission shall be final.

      1.   No body art facility shall operate between ten o’clock (10:00) p.m. and eight o’clock (8:00) a.m.

      2.   All body art activity shall be performed only by body art practitioners in a permitted and authorized body art facility, except as otherwise specifically authorized in this Section.

      3.   Window displays shall be limited to ancillary retail items and shall not show any areas defined in "specified anatomical areas" in Article 8 (Definitions).

      4.   Construction of a body art facility must comply with California Health and Safety Code and the Fresno County Department of Public Health requirements.

      5.   Decontamination and sterilization areas must meet all Fresno County Department of Public Health requirements.

      6.   Temporary or mobile body art facilities or events are not authorized by this Section.

      1.   All body art facilities are required to obtain approval of a Conditional Use Permit prior to operating as a body art facility, in compliance with Chapter 10.100 (Conditional Use Permit).

      2.   The operator and all associated body art practitioners of the body art facility shall obtain and comply with all permits required by the Fresno County Department of Public Health.

      3.   All body art facilities and body art practitioners are subject to all the requirements of the state of California Safe Body Art Act.

      4.   If, at any time, a body art facility permit is revoked by Fresno County, all body art activities and body art practitioners shall cease operations until the permit is reinstated.

      5.   The public health facility permit issued by Fresno County shall be posted and exhibited at all times in an area visible to the public and clients.

      6.   All body art practitioners shall display practitioner permits issued by Fresno County in an area visible to the public and clients.

      7.   Reedley Business License.

   A.   Residential development shall comply with the allowability of density bonuses, incentives, exemptions, and concessions in compliance with State Density Bonus Law (Government Code Section 65915, as revised).

   B.   Government Code Section 65915 requires the City to provide incentives for affordable housing, senior housing, students housing, land donations, and childcare facilities. (Ord. 2024-001, 9-10-2024)

         a.   In response to a disaster; or

         b.   As authorized by a Site Plan Review approved by the Community Development Director, subject to appeal to Planning Commission.

         a.   If a facility offers drug or alcohol abuse counseling appropriate State and/or Federal licensing shall be required.

         b.   The facility shall identify a transportation system which provides clients access to social services, housing, and employment opportunities.

         c.   The facility shall provide mechanisms for residents to contact social services.

         d.   The facility shall provide on-site meal preparations or food provisions and disbursement.

         e.   The facility shall provide childcare services and ensure school-age children are enrolled in school during their stay at the facility.

      5.   In compliance with the California Health and Safety Code, any supportive or transitional housing facility found to be unsafe to occupy due to danger to the health and safety of the clients, the costs and expenses of relocation of any client from the community shall be the responsibility of the owner of the facility. (Ord. 2024-001, 9-10-2024)

         a.   The project site shall be a minimum of one (1) acres.

         b.   In the ML zone district the integration of a residential use shall be developed in compliance with the High Density Residential.

         c.   The subject property shall not share a common property line on two (2) or more sides with a designated MH zone district.

         d.   The project shall be architecturally unified throughout the entire site and compatible with surrounding development.

         e.   A project may be phased over time; however, each phase shall contain an integration of a minimum of two (2) of the mix of uses.

         f.   Shall be processed in accordance with Chapter 10.100 (Conditional Use Permit). The Planning Commission shall be responsible for acting on proposed project application and shall either approve, approve with conditions, or deny the project. The decision of the Commission shall be appealable to the City Council in accordance with Conditional Use Permit processing requirements.

      1.   The development standards of the underlying zone district shall generally guide the development of the subject property.

      2.   The mix of residential use with allowed office/commercial/industrial uses shall occur both in the horizontal and vertical axes except that the Community Development Director may waive the requirement for a vertical mix of use, if the design of the project, or the inclusion of a residential component to an existing development illustrates performance standards that meet the intent of the Section by providing an integrated network of pedestrian pathways connecting the places of residences with places of work, commerce, and open space areas.

      3.   If modifications to the development standards are proposed, the applicant is required to provide supporting evidence for the modification of the general standards, which shall be submitted with the project application.

      4.   For a project to qualify as mixed-use, at least one thousand five hundred (1,500) square feet of the buildable project site must have a qualifying commercial component. (Ord. 2024-001, 9-10-2024)

         a.   Front yard - twenty feet (20').

         b.   Interior side yard- ten feet (10').

         c.   Street side yard- ten feet (10').

         d.   Interior rear yard- ten feet (10').

         e.   Street rear yard- twenty feet (20').

         a.   A landscaped border along the entire street frontage yard areas and along the rear yard if such yard is adjacent to a public right-of-way.

         b.   A screen wall or fencing, seven feet (7') in height, along the perimeter of the mobile home park. (Ord. 2024-001, 9-10-2024)

      1.   The minimum parcel size shall measure six thousand (6,000) square feet.

      2.   For each vendor there shall be a designated pad measuring a minimum of ten feet (10') by twenty-two feet (22'). A location pad for each vendor must be identified on the site plan.

      3.   Each vending unit must be located ten feet (10') from any property line adjacent to a street, five feet (5') from any interior property line, and five feet (5') from any rear property line.

      4.   The applicant must demonstrate that there is sufficient access, parking, and maneuvering space available at the site on which the vending unit will operate.

      5.   A five-foot (5') clear space shall be maintained around all sides of each vending unit.

      6.   The applicant is required to provide one lavatory for every two (2) proposed vending unit spaces provided. The applicant will also be required to ensure regular service of each lavatory.

      7.   Mobile vendors shall provide a sufficient number of covered trash receptacles to hold materials discarded by its customers and the vendor shall empty the receptacles as necessary.

      8.   Any power required for the vending unit shall be self-contained and shall not draw its power from off-site or public right-of-way. No power cable or equipment shall be extended at grade or overhead across any public street, alley, or sidewalk.

      1.   Off-site signs are prohibited.

      2.   The distribution of handbills and/or advertisements on- or off-site is allowed.

      3.   Off-site advertising shall not be displayed in or upon any vending unit (fair, carnival, circus, festival, special event, or civic event).

      1.   Any music for the outdoor dining facility shall be from a single source and comply with the noise level standards established in the General Plan's Noise Element. Instances of live, amplified and/or music (i.e., disc jockey, singer, band) is allowed only on Fridays and Saturdays, and will require a Special Event Permit to be acquired prior to the activity taking place in compliance with Title 3, Chapter 5 (Special Sales and Events) of the Reedley City Code.

      2.   No mobile food vehicle vendor shall use or maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns, or whistles.

      3.   Vending units shall not use strobe lights or other similar devices aimed at directing attention to the mobile vending business.

      1.   Tables and chairs shall be removable unless otherwise approved by the Community Development Director.

      2.   Space heaters and/or heat lanterns may be provided so long as the use and operation of any such heater complies with all applicable building and fire codes and does not present a threat to the health, safety, and welfare of the public.

      3.   Umbrellas shall be removable and spaced to provide for pedestrian access. The umbrella must be made from approved fire retardant material.

      4.   A "No Smoking" sign shall be posted next to the order window or area. (Ord. 2024-001, 9-10-2024)

      1.   Portable storage unit(s) shall be allowed to be placed in the following locations:

         a.   On the driveway or a parking area that is not located within the public right-of-way.

         b.   On the side or rear yard if approved vehicular access exists at the side or rear of the site.

      2.   No more than two (2) portable storage units shall be placed on the property at any time.

      3.   The portable storage unit(s) shall be located at such property for a maximum of thirty (30) consecutive days, including the days of delivery and removal. The limited purpose is the portable storage of furniture, clothing, or other household belongings, coming from or to a structure on the property.

      4.   The ancillary placement of a portable storage unit(s) for a construction/rehabilitation project that requires a Building Permit shall be noted on the Building Permit. The portable storage unit(s) shall be allowed to remain as long as the Building Permit is active and shall be removed within ten (10) calendar days from the issuance of the Building Permit expiring or being finaled.

      5.   The property owner and owner/supplier of the portable storage unit shall each be independently responsible for ensuring that the portable storage unit(s) is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks, at all times.

      6.   Portable storage unit(s) shall be used for storage purposes only and shall not be occupied by persons or animals at any time.

      7.   Portable storage unit(s) shall not be used to store solid waste, construction debris, demolition debris or any illegal or hazardous material. Upon reasonable notice to the property owner, the City may inspect the contents of any portable storage unit(s) at any time to ensure that it is not being used to store said materials.

      8.   No electrical connections shall be allowed within or around the portable storage unit(s).

      9.   Placement of a portable storage unit in the City's right of way or upon any public street, at any time, is prohibited. The City Engineer may waive this prohibition for a period not to exceed five (5) consecutive days.

      1.   Placement of a portable storage unit(s) for permanent or semi-permanent use in an industrial zone district shall require a Building Permit. Applicable work shall be done in conformance with the California Building Code.

      2.   Portable storage unit(s) are prohibited on industrially zoned property on which the primary use is nonconforming residential use unless placed in accordance with Paragraph E.3 or E.4 of this Section.

      3.   No more than three (3) portable storage units per fifty thousand (50,000) square feet of gross leasable area shall be placed on the property at any time.

      4.   The property owner and owner/supplier of the portable storage unit shall each be independently responsible for ensuring that the portable storage unit(s) is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks, at all times.

      5.   Portable storage unit(s) shall be used for storage purposes only and shall not be occupied by persons or animals at any time.

      6.   Portable storage unit(s) shall not be used to store solid waste, construction debris, demolition debris or any illegal or hazardous material. Upon reasonable notice to the property owner, the City may inspect the contents of any portable storage unit(s) at any time to ensure that it is not being used to store said materials.

      7.   No electrical connections shall be allowed within or around the portable storage unit(s).

      8.   Placement of a portable storage unit in the City's right of way or upon any public street adjacent to industrially zoned property is prohibited.

      1.   Placement of a portable storage unit(s) for permanent or semi-permanent use in a commercial zone district shall require a building permit. Applicable work shall be done in conformance with the California Building Code.

      2.   Portable storage unit(s) are prohibited on commercially zoned property on which the primary use is a nonconforming residential use placed in accordance with Paragraph F.3 or F.4 of this Section.

      3.   Any storage units shall be screened with sight obscuring fencing or landscaping.

      4.   No more than two (2) portable storage units shall be placed on the property at any time.

      5.   The property owner and owner/supplier of the portable storage unit shall each be independently responsible for ensuring that the portable storage unit(s) is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks, at all times.

      6.   Portable storage unit(s) shall be used for storage purposes only and shall not be occupied by persons or animals at any time.

      7.   Portable storage unit(s) shall not be used to store solid waste, construction debris, demolition debris or any illegal or hazardous material. Upon reasonable notice to the property owner, the City may inspect the contents of any portable storage unit(s) at any time to ensure that it is not being used to store said materials.

      8.   No electrical connections shall be allowed within or around the portable storage unit(s).

      9.   Placement of a portable storage unit in the City's right-of-way or upon any public street adjacent to commercially zoned property is prohibited. (Ord. 2024-001, 9-10-2024)

      1.   The operator of each of the proposed facilities is the same;

      2.   The proposed facilities are determined by the Community Development Director to be similar in nature, size, and intensity of activity; and

      3.   All the applicable criteria and standards established in Subsection E (Processing Facilities) of this Section are met for each such proposed facility.

      1.   A reverse vending machine shall be established in conjunction with an existing or allowed commercial use or community service facility or in conjunction with an approved conditional use which is in compliance with all zoning, building, and fire codes of the City;

      2.   A reverse vending machine shall be located in an area convenient for customer access and shall not obstruct pedestrian or vehicular circulation;

      3.   A reverse vending machine shall not occupy parking spaces required by the primary use;

      4.   A reverse vending machine shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet (8') in height;

      5.   A reverse vending machine shall be constructed and maintained with durable waterproof and rustproof material;

      6.   A reverse vending machine 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;

      7.   In addition to the standards established in Chapter 10.40 (Sign Regulations), a reverse vending machine shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions;

      8.   A reverse vending machine shall be maintained in a clean, litter free condition on a daily basis;

      9.   Operating hours shall be at least the operating hours of the primary use of the parcel;

      10.   A reverse vending machine shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn; and

      11.   More than one (1) reverse vending machine shall not be allowed.

      1.   Small collection facilities shall only be established in conjunction with an existing or allowed commercial use or community service facility or in conjunction with an approved conditional use which is in compliance with all zoning, building, and fire codes of the City;

      2.   Small collection facilities shall be no larger than six hundred (600) square feet and shall not occupy any required parking established for the host use other than approved by the Community Development Director;

      3.   Small collection facilities shall be set back at least ten feet (10') from any street line or as necessary in order not to obstruct pedestrian or vehicular circulation;

      4.   Small collection facilities shall accept only glass, metals, plastic containers, papers, and reusable items. Used motor oil may be accepted with permission of the local public health official;

      5.   Small collection facilities shall use no power driven processing equipment except for reverse vending machines;

      6.   Small collection facilities shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of capacity sufficient to accommodate materials collected and collection schedule;

      7.   Small collection facilities shall be maintained free of litter and other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

      8.   Small collection facilities shall store all recyclable material in containers or in the mobile unit vehicle and shall not leave materials outside of containers when attendant is not present;

      9.   Small collection facilities shall not exceed noise levels of sixty (60) dBA as measured at the adjacent property line(s) of an abutting residential zone or a property occupied for residential use, otherwise shall not exceed seventy (70) dBA;

      10.   Attended facilities located within two hundred feet (200') of a residential zone or a property occupied for residential use shall operate only during the hours between nine o’clock (9:00) a.m. and seven o’clock (7:00) p.m.;

      11.   Containers for the twenty-four (24)-hour donation of materials shall be at least fifty feet (50') from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between containers and the residential use;

      12.   The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers;

      13.   Signs shall comply with the standards established in Chapter 10.40 (Sign Regulations);

      14.   The small collection facility shall not be located over existing landscaping;

      15.   No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One (1) space may be provided for the attendant, as determined by the Community Development Director;

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

      17.   Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

         a.   The facility is located in a convenience zone district or a potential convenience zone as designated by the California Department of Conservation; and

         b.   A parking study shows that existing parking capacity is not already fully used during the time the recycling facility will be on the site.

      18.   The facility shall comply with all provisions of this Section or shall be found in noncompliance with this Title and, therefore in violation, and shall cause removal from the site following appropriate notice by the Community Development Director. Such notice shall consist of a written statement addressing the violations, and the processor shall be given thirty (30) calendar days to comply. If at the end of thirty (30) calendar days the conditions are not met, the facility shall be removed from the site the following day, ending the thirty (30)-day time limit.

      1.   Facility shall not abut a property zoned for residential use or abuts an existing residential use(s);

      2.   Facility shall meet all applicable noise standards as set out in Subsection F.8 of this section.

      3.   Setbacks, screening, and landscape requirements shall be those provided for the zone district in which the facility is located.

      4.   All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department and Fresno County Public Health Official.

      5.   Site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

      6.   Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials; except where the Community Development Director and City Engineer determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding business and public safety.

      7.   One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

      8.   Noise levels shall not exceed sixty (60) dBA as measured at the adjacent property line(s) of an abutting residential zone or a property occupied for residential use, or otherwise shall not exceed seventy (70) dBA.

      9.   If the facility is located within one thousand feet (1,000') of property zoned or occupied for residential use, it shall not be in operation between seven o’clock (7:00) p.m. and eight o’clock (8:00) a.m.

      10.   Containers provided for after-hours donation of recyclable materials will be at least one hundred feet (100') from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of materials.

      11.   Donation areas will be kept free of litter and any other undesirable material; facility shall display a notice stating that no material shall be left outside the recycling center.

      12.   Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs may be installed with the approval of the Community Development Director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

      13.   Power driven processing ancillary to a large collection facility, including aluminum foil, and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved by the Community Development Director if the facility meets the noise standards or any other conditions that may be placed on the use, subject to appeal to the Planning Commission.

      14.   No dust, fumes, smoke, vibration, or odor above ambient level shall be detectable on neighboring properties.

      1.   Processing facilities shall not abut a property zoned, occupied, and or planned for residential use.

      2.   Processing facilities shall operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by fence or wall not less than eight feet (8') in height and landscaped on all street frontages.

      3.   Processing facilities shall be located at least two hundred and fifty feet (250') from property zoned, occupied, and or planned for residential use.

      4.   Power driven processing shall be permitted, provided all noise level requirements are met.

      5.   A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

      6.   Processing facilities may accept used motor oil for recycling from the generator in accordance with the Health and Safety Code.

      7.   Setbacks, screening, and landscaping requirements shall be those provided for the zoning district in which the facility is located.

      8.   All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department or Fresno County Health Official. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

      9.   The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

      10.   Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the Community Development Director and City Engineer determines that allowing overflow traffic is compatible with surrounding businesses and public safety.

      11.   One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

      12.   Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned, planned and or occupied property, or otherwise shall not exceed seventy (70) dBA.

      13.   If the facility is located within five hundred feet (500') of property zoned or planned for residential use, it shall not be in operation between seven o’clock (7:00) p.m. and eight o’clock (8:00) a.m. The facility will be administered by on-site personnel during the hours the facility is open.

      14.   Any containers provided for after hours donation of recyclable materials will be at least fifty feet (50') from any property zoned, planned, or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

      15.   Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

      16.   Sign requirements shall comply with Chapter 10.40 (Sign Regulations).

      17.   No dust, fumes, smoke, vibration, or odor above ambient level shall be detectable on neighboring properties. (Ord. 2024-001, 9-10-2024)

         a.   The short-term rental as proposed is consistent with the General Plan and the development and design standards established by this Title.

         b.   The short-term rental is consistent with the all other municipal codes and applicable laws.

         c.   The short-term rental is consistent with the character of the existing neighborhood.

         d.   The short-term rental will not adversely impact the intended purpose of the zone district it is situated in.

         e.   The short-term rental will not adversely impact the health, safety, and welfare of the general public. (Ord. 2024-001, 9-10-2024)

Restaurants, as defined in Article 8 (Definitions) and allowed in Article 2 (Zones, Allowable Uses, and Development Standards), shall comply with the following standards:

      1.   Power transmission lines shall be those lines which are intended to transmit gas or electric energy from:

         a.   The source of such energy to a receiving substation.

         b.   A receiving substation to a distribution substation.

      2.   Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the Engineering Division for its review and recommendations:

         a.   The location of the proposed route.

         b.   Type of towers and transmission lines.

         c.   Approximate height of towers or size of lines.

         d.   Widths of rights-of-way.

         e.   Other pertinent data.

      3.   The City Engineer shall recommend such modifications as are deemed necessary to protect health, safety, and welfare.

      4.   The City Engineer shall complete its review and make its findings within thirty (30) days after the filing of said plans and data.

   E.   Certain parcels of land in the City may not be able to accommodate satellite dish antennas because of existing site conditions and adverse effects on the surrounding neighborhoods. In such instances the Community Development Director may withhold approval to construct, install and/or maintain a satellite dish antenna, unless conditions and/or equipment would change to reverse the ruling of the Director.

      1.   All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences, and/or landscaping without impeding the efficiency of the dish.

      2.   No satellite dish antenna shall occupy or interfere with access to any required parking space or driveway.

      3.   All satellite dish antennas shall be subject to front and side yard setback regulations, except in residential districts.

      4.   Satellite dish antennas shall not emit light or employ reflective materials.

      5.   Not more than one (1) satellite television antenna per parcel shall be allowed in any zone district with exceptions allowed by Director's Discretion.

      6.   Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the City.

      7.   The installation of all satellite dish antennas shall be in conformance with manufacturer's installation specifications and, in the absence of such specifications, the design of footings, anchorage and fasteners shall be completed by a California registered architect, civil or structural engineer, to meet the current California Building Code.

      8.   Antennas shall meet all manufacturer specifications, be of noncombustible and corrosive resistant material and be erected in a secure, wind resistant manner.

      9.   The electrical system shall be designed and installed in accordance with the current Electrical Code.

      10.   All electrical wiring associated with antennas shall be installed underground or hidden from view.

      11.   A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property.

      12.   Every metal antenna must be adequately grounded for protection against a direct strike by lightning.

      1.   Prior to installation of a satellite dish antenna, all appropriate permits and approvals shall be obtained from the City.

      2.   Antennas may be ground mounted, roof mounted, or aboveground pole mounted. Roof mounted and aboveground pole mounted antennas shall not exceed one hundred fifty feet (150').

      3.   Roof mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan.

      4.   No advertising of any kind shall be allowed on satellite dish antennas. A manufacturer's identification label and/or any government required identification or safety labels may be affixed to the back side of the dish or to the structural supports of the antenna.

      5.   No more than one satellite dish antenna shall be installed at any commercial or industrial establishment whether or not sales of the antennas takes place, except that the Community Development Director may grant additional antennas if it is demonstrated that such additional antennas will meet the provisions and intent of this Section.

      1.   All satellite dish antennas shall be located only in the back half of any parcel as ground mounted units only.

      2.   All satellite dish antennas shall not extend beyond the property lines of the parcel on which it is erected.

      3.   Only one satellite dish antenna shall be installed per parcel or multi-unit dwelling.

      4.   Satellite dish antennas shall not exceed ten feet (10') in height including any platform or structure upon which said antenna is mounted or affixed. (Ord. 2024-001, 9-10-2024)

      1.   Implement the provisions of the General Plan Housing Element;

      2.   Assure compliance with California Government Code and other relevant housing legislation;

      3.   Encourage the development of ADUs;

      4.   Streamline and minimize governmental constraints on residential development; and

      5.   Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with ADUs. (Ord. 2024-001, 9-10-2024)

Except as otherwise provided by this Section or State law, ADUs shall be ministerially permitted only where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). (Ord. 2024-001, 9-10-2024)

As provided by Government Code Section 66319, ADUs are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. (Ord. 2024-001, 9-10-2024)

All ADUs shall comply with the following general requirements.

An ADU shall be allowed in the following locations:

   A.   Within an existing or proposed single-unit dwelling, including attached garages, storage areas, or similar attached areas;

   B.   Within an existing or proposed multi-unit dwelling structure in areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages;

   C.   An existing or proposed detached accessory structure;

   D.   Above a garage that is attached to or detached from the primary dwelling.

   F.   When located within an existing accessory structure, the accessory structure shall only be enlarged to provide ingress and egress. An expansion needed to provide ingress and egress shall be limited to a maximum of one hundred and fifty (150) square feet, shall provide exterior access, and shall provide side and rear setbacks adequate for fire and safety. (Ord. 2024-001, 9-10-2024)

An ADU shall comply with the following allowance standards.

   A.   One ADU and one JADU on a parcel with an existing or proposed single-unit dwelling. See Chapter 10.54 (Junior Accessory Dwelling Unit (JADU)).

   B.   No more than one (1) ADU on a parcel where there are multiple detached single-unit dwellings.

   C.   No more than two (2) detached ADUs on a parcel with a proposed or existing multi-unit dwelling. Two (2) or more attached dwellings on a single lot shall be considered a multi-unit dwelling.

   D.   Within an existing multi-unit dwelling structure, multiple ADUs shall be allowed in areas that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. A structure with two (2) or more attached dwellings on a single lot shall be considered a multi-unit dwelling structure. The number of ADUs allowed is limited to a maximum of twenty-five percent (25%) of the number of multi-unit dwellings within the structure. In no case shall less than one (1) ADU be allowed. (Ord. 2024-001, 9-10-2024)

An ADU shall comply with the with the following development standards:

      1.   The minimum size of an ADU is one hundred and fifty (150) square feet of living area.

      2.   The maximum size of a detached ADU is one thousand two hundred (1,200) square feet of living area.

      3.   The maximum size of an attached ADU is fifty percent (50%) of the living area of the existing or proposed primary dwelling, or one thousand two hundred (1,200) square feet, whichever is greater.

      4.   A detached, new construction ADU may be combined with one JADU that complies with the requirements of Chapter 10.54 (Junior Accessory Dwelling Unit (JADU)). When combined with a JADU, the maximum size of the ADU is limited to eight hundred (800) square feet, regardless of the number of bedrooms.

      5.   Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement, all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.

      1.   No off-street parking shall be required if any of the following circumstances exist:

      2.   The ADU is located within one-half mile of public transit as defined in Article 8 (Definitions).

      3.   The ADU is located on a property with a Historic Overlay zone.

      4.   The ADU is part of the existing primary residence or an existing accessory structure.

      5.   When on-street parking permits are required but not offered to the occupant of the ADU.

      6.   Where there is a car share vehicle located within one block of the ADU.

      7.   To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to public transit or car share vehicle or on a lot with an Historic Overlay zone, or proof of local parking permit requirements.

      8.   The required off-street parking space may be covered or uncovered and shall be permitted in tandem and in setback areas, unless the Community Development Director determines that such parking is not feasible due to specific site topographical or fire and life safety conditions.

      9.   If a garage, carport, or covered parking is demolished in conjunction with the construction of an ADU or converted to an accessory dwelling unit, replacement parking is not required.

Before issuance of a Building Permit for an ADU, a deed restriction shall be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Department. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Department and shall provide that:

   A.   A prohibition on the sale of the ADU separate from the sale of the single-unit dwelling residence, except as otherwise provided in Government Code Section 66341.

   B.   A prohibition on short-term rentals and rental terms shorter than thirty (30) consecutive days.

   C.   An acknowledgment that water pressure may change if the ADU is using or is proposed to be using the same water connection as primary dwelling.

   D.   An acknowledgment that additional nonpermeable surfaces may affect the water drainage pattern on the parcel.

   E.   An acknowledgment that the deed restriction runs with the land and shall be enforced against future property owners.

   F.   The deed restriction shall be enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU in violation of the recorded restrictions or abatement of the illegal unit. (Ord. 2024-001, 9-10-2024)

      1.   Implement the provisions of the General Plan Housing Element;

      2.   Assure compliance with California Government Code and other relevant housing legislation;

      3.   Encourage the development of JADUs;

      4.   Streamline and minimize governmental constraints on residential development; and

      5.   Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with JADUs. (Ord. 2024-001, 9-10-2024)

Except as otherwise provided by this Section or State law, JADUs shall be ministerially permitted only where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). (Ord. 2024-001, 9-10-2024)

As provided by Government Code Section 66319), JADUs are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. (Ord. 2024-001, 9-10-2024)

All JADUs shall comply with the following general requirements.

A JADU shall be allowed in the following locations:

A JADU shall comply with the with the following development standards:

Before issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide that:

   A.   The JADU shall not be sold separately from the primary dwelling associated with the JADU.

   B.   The JADU is restricted to the approved size and to other attributes allowed by this Chapter.

   C.   Owner-occupancy in the primary dwelling unit or the newly created JADU shall be required.

   D.   A prohibition on short-term rentals and rental terms shorter than thirty (30) days.

   E.   An acknowledgment that water pressure may change if the JADU is using or is proposed to be using the same water connection as primary dwelling.

   F.   An acknowledgment that additional nonpermeable surfaces may affect the water drainage pattern on the parcel.

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

   H.   The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the JADU has in fact been eliminated. Any Building Permits required in the removal shall be approved by the Director's determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Zoning Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements shall otherwise comply with applicable provisions of this Zoning Code.

   I.   The deed restriction shall be enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (Ord. 2024-001, 9-10-2024)

The Community Development Director shall use the standards established in this Chapter to review and approve developments that meet all the criteria established in Government Code Section 65913.4. The Director's approval can be appealed in compliance with Section 10.88.050 (Appeals). (Ord. 2024-001, 9-10-2024)

         a.   The development is located within one-half (0.5) mile of public transit.

         b.   The development is located within an architecturally and historically significant historic district.

         c.   When on-street parking permits are required but not offered to the occupants of the development.

         d.   When there is a car share vehicle located within one (1) block of the development.

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

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

         c.   Private open space located at ground level shall be a minimum of one hundred and twenty (120) square feet in area with a minimum dimension of ten feet (10') in width and depth.

         d.   Private open space located above ground level shall be a minimum of sixty (60) square feet in area with a minimum dimension of six feet (6') in width and depth.

         a.   Projects shall provide common outdoor open space with outdoor amenities in accordance with this Subsection. This is achieved through the implementation of passive or active amenities. Applicants shall provide passive amenities or active amenities but do not need to provide both unless otherwise proposed. Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area.

         b.   Common outdoor open space shall be unobstructed, accessible to all residents of the structure it serves, and shall have no dimension less than ten feet (10') in any direction.

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

 

(Ord. 2024-001, 9-10-2024)

      1.   A change in contrasting color or material a minimum of every thirty feet (30');

      2.   Bay windows, box windows, or other similar projecting windows that project a minimum of one foot from the structure façade a minimum of every fifteen feet (15'); and

      3.   Above-ground balconies located a minimum of one every thirty feet (30') on each floor. (Ord. 2024-001, 9-10-2024)

It is the purpose and intent of this Chapter to regulate research and development activities requiring Biosafety Levels 2-3 containment in order to ensure the health, safety and welfare of the residents of the City of Reedley and to ensure that all research and development activities shall operate in accordance with the regulations of the Reedley Municipal Code, conditions of approval, the laws and regulations of Fresno County, the laws and regulations of the State of California, and the laws and regulations of the Federal government. Biosafety Level 4 shall not be permitted within the City of Reedley. It is also the purpose of this Chapter to establish regulations necessary for biological research activities requiring Biosafety Levels 2-3 containment, except such activities regulated under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). (Ord. 2024-001, 9-10-2024)

This section shall apply to research and development activities that require Biosafety Levels 2-3 containment as defined by the most recent version of the Centers for Disease Control and Prevention, National Institutes of Health - Biosafety in Microbiological and Biomedical Laboratories manual, except such activities regulated under the Clinical Laboratory Improvement Amendments of 1988 (CLIA). Biosafety Level 4 shall not be permitted within the City of Reedley. The section applies to facilities that handle biological agents derived from the human body or other infectious material for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings. If there is ambiguity on the applicability of this section, the Director shall determine such application and use to be applicable to this section. Activities shall include but not be limited to the following:

   A.   Warehousing and storage of biological agents that require Biosafety Levels 2-3 containment;

   B.   Medical and or pharmaceutical research using biological agents that require Biosafety Levels 2-3 containment;

   C.   Manufacturing and production using biological agents that require Biosafety Levels 2-3 containment;

   D.   Chemical research, development, and or production using biological agents that require Biosafety Levels 2-3 containment;

   E.   Agricultural product development, research, and other uses that use biological agents requiring Biosafety Levels 2-3 containment; and

   F.   Any use not specified above but uses biological agents requiring Biosafety Levels 2-3 containment. (Ord. 2024-001, 9-10-2024)

   A.   Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from any sensitive use(s). A sensitive use shall be defined as a religious institution, post-secondary educational institution, public education facility, structure, and or building, any public building regularly frequented by children and senior citizens, essential government operation, library, public park, community center, public trail, public building, a residential zone district and or a residentially occupied structure.

   B.   Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from any flood fringe and/or floodway areas.

   C.   Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from the Kings River.

   D.   Such use(s) shall be located no closer than two thousand five hundred feet (2,500') from Traver Creek.

   E.   Only the City Council shall approve a request to modify from the locational requirements of this Chapter. (Ord. 2024-001, 9-10-2024)

A Conditional Use Permit application shall be required to operate within the City of Reedley subject to the following requirements:

      1.   Type of facility;

      2.   Activities to occur onsite of the facility;

      3.   Full and complete list of biological agents that require Biosafety Levels 2-3 containment;

      4.   Full and complete list of flammable agents and the proximity to biological agents;

      5.   Full and complete description of handling procedures and prohibited practices that may increase the likelihood for exposure to infectious agents;

      6.   Identification and description of effective and appropriate personal protective equipment to be used to minimize exposure to infectious or potentially infectious germs, chemicals, biological agents, laboratory aerosols, diseases, or any and all items which may potentially pose a danger to the public;

      7.   Floor plan showing location and placement of personal protective equipment, safety signage, fire hose(s), sprinklers and or fire suppression system(s), emergency exits, and placement of gate and or wall mounted lock box(es);

      8.   Full and complete effective decontamination and disinfection procedures for laboratory surfaces and equipment;

      9.   Containment plan for biological agents;

      10.   Care plan for any and all animals stored on- or offsite;

      11.   A list of all job classifications;

      12.   Commit to hold quarterly neighborhood meetings with owners and tenants of real property within two thousand five hundred feet (2,500') of the affected property to report out any and all safety incidents, the implementation of current and or new safety protocols, and listening to concerns from the public. Meeting summaries shall be posted to the company's website. Failure to hold quarterly neighborhood meetings shall result in revocation of the conditional use permit application approval and business license; and

      13.   A Waste Management Plan which shall include, but not be limited to, the following:

         a.   Required training plan for onsite and offsite personnel and contractors;

         b.   Collection schedule;

         c.   Waste containment protocols;

         d.   Treatment measures for waste accumulated onsite prior to waste removal; and

         e.   Emergency Action Plan. (Ord. 2024-001, 9-10-2024)

   A.   The Police Chief of their designee shall make a recommendation to the Community Development Director, prior to the Planning Commission's consideration of the conditional use permit application, for security measures for each application based upon the information provided in the application submittal. Recommended security measures shall be determined on a case-by-case basis upon review by the Police Chief or their designee. The applicant shall be required to implement recommendation(s).

   B.   The Fire Chief or their designee shall make a recommendation to the Community Development Director, prior to the Planning Commission's consideration of the conditional use permit application, for the inclusion of safety measures for each application based upon the information provided in the application submittal. Recommended safety measures shall be determined on a case-by-case basis upon review by the Fire Chief or their designee. The applicant shall be required to implement recommendation(s). (Ord. 2024-001, 9-10-2024)

There shall be no City of Reedley Business License issued for any new smoke shop and/or tobacco store wishing to establish business in the City without a Conditional Use Permit processed and approved in compliance with Chapter 10.100 (Conditional Use Permit). (Ord. 2024-001, 9-10-2024)

Existing smoke shops and/or tobacco stores shall not be allowed to relocate to a site that would create an over-concentration in one area. Over concentration shall be presumed to apply when a relocating smoke shop and/or tobacco store is sought to be opened within one thousand feet (1,000') of the property boundary of a currently permitted and operating smoke shop and/or tobacco store. (Ord. 2024-001, 9-10-2024)

Existing Smoke Shops and/or Tobacco Stores shall not be permitted to relocate and seek to be opened within one thousand feet (1,000') of the property boundary of a Sensitive Use. "Sensitive Uses" shall be defined as "religious institution, school, regularly established boys' club or girls' club or public building regularly frequented by children, public park, public trail or public building; or within six hundred feet (600') of any residential zone." (Ord. 2024-001, 9-10-2024)

The windows of the business shall not be transparently visible and unobstructed. (Ord. 2024-001, 9-10-2024)

Prior to the submission of a Conditional Use Permit application, the applicant shall have a neighborhood meeting, providing notice of said meeting to property owners, business owners, and tenants within two thousand feet (2,000') of the proposed business. The Community Development Department shall be invited to attend said neighborhood meeting. Proof of said neighborhood meeting shall be provided to the Community Development Department in order for the application to be reviewed for completeness. (Ord. 2024-001, 9-10-2024)