(A)   It is the purpose and the intent of the general development standards to ensure that new land uses and development will contribute to and be compatible with existing and future development in the surrounding vicinity in a manner which will enhance the quality of life for city residents, employers and visitors. It is future intended that all proposed development is consistent with the goals, policies, objectives and implementation programs of the general plan.

   (B)   The standards contained in this chapter apply throughout the city in each district and, as appropriate, for all land uses and development. Rather than repeat these regulations and standards throughout this title, they have been compiled in this chapter. (Ord. 805-14, 7-1-2014)

The provisions of this chapter shall apply to any land division or land use application which authorizes, or would authorize by its approval, new construction, new land uses, or the substantial modification of an existing structure or land use. The provisions of this chapter shall apply in addition to all applicable standards or regulations for the zone district in which the use or structure is located. (Ord. 805-14, 7-1-2014)

   (A)   Accessory Structures Within Residential Districts:

      1.   Site Development Standards: Except as provided below, all accessory structures, whether attached or detached, shall meet all site development standards applicable to the main structure as required by the zone district in which the main structure is located.

      2.   Canopies/Patio Covers: Canopies/patio covers or roofs attached to the main building or connecting the main building to an accessory building, may extend into a required rear or interior side yard; provided, that the portions of such structures extending into the yard:

         (a)   Shall not exceed fifteen feet (15') in height, project closer than thirty inches (30") to an interior side lot line, project closer than thirty inches (30") to a rear lot line where the rear yard setback is five feet (5'), or project closer than five feet (5') to a rear lot line where the rear yard setback is in excess of five feet (5').

         (b)   Shall be entirely open on at least three (3) sides, excluding the necessary supporting columns; except that a roof connecting a main building and an accessory building shall be open on two (2) sides.

      3.   Ground Mounted Mechanical Equipment: Ground mounted equipment, including, but not limited to, air conditioning compressors, evaporative coolers and pool equipment, if fully enclosed, may be permitted in any rear or interior side yard setback. If fully enclosed, said equipment may project a maximum of four feet (4') into the required rear yard setback, and a maximum of two feet (2') into the required interior side yard setback, but shall be prohibited from projecting into the required front or street side yard setbacks.

      4.   Roof Mounted Mechanical Equipment: All roof mounted mechanical equipment, including, but not limited to, air conditioning compressors, evaporative coolers and pool equipment, shall be located, when practical, on the rear portion of the roof ridgeline in such a manner as to be screened from public streets. On commercial property, said mechanical equipment may be placed forward of a ridgeline, provided screening for the equipment has been approved. Industrial property is exempt from this provision.

      5.   Detached Accessory Structures:

         (a)   A detached accessory structure may be located within an interior side yard or rear yard; provided, that when such a structure is located closer than five feet (5') to an interior side or rear lot line, one hour firewalls shall be installed on the sides located within the setback area. In no case, however, shall an accessory structure be located closer than thirty inches (30") to an interior side property line or to a rear property line.

         (b)   Accessory buildings shall have a maximum height of fifteen feet (15'); provided, however, that the accessory building is no higher than the main structure.

      6.   Projections Into Yards: Porches, steps and other architectural features, such as eaves, awnings, fireplaces, chimneys, balconies, stairways, wing walls and bay windows may project a maximum of thirty inches (30") into any required front, rear or side setback area.

   (B)   Accessory Structures Within Nonresidential Districts:

      1.   Location Within Building Frontage Prohibited: In any nonresidential district, accessory structures shall not be located within the "building frontage", as defined in section 6-1-19 of this title.

      2.   Setback Requirements: In any nonresidential district, accessory structures shall meet all of the setback requirements for the associated main buildings.

      3.   Encroachments: In nonresidential zone districts, eaves, roof projections, awnings and similar adjacent architectural features may project into the city right of way subject to receiving an approved encroachment permit from the public works director.

      4.   Architectural Projections: Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar architectural features, may project into required building setback areas a maximum distance of thirty inches (30"); provided, that all such features in any one setback shall not occupy more than twenty five (25) square feet of that required building setback area.

      5.   Mechanical Equipment Height: Flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers or similar architectural, utility or mechanical features, may exceed the height limit of the land use district in which it is located by not more than twenty five percent (25%); provided, that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible.

      6.   Equipment Screening: Ground and wall mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Such equipment shall not be located in front of a building and any screening provided shall be architecturally compatible with adjacent architecture and materials.

      7.   Use Of Roof Mounted Equipment: Roof mounted equipment shall be used only for the building upon which it is mounted.

      8.   Roof Mounted Equipment Screening: Roof mounted equipment shall be screened from public view to the extent practicable, as follows:

         (a)   All roof screens must be solid and continuous. Equipment may be covered by continuous grills or louvers, provided such grills or louvers are architecturally compatible with the proposed or existing building.

         (b)   Roof screens shall be sheathed in a matching or complementary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile or other surface as approved by the project assistance team.

         (c)   Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building. (Ord. 805-14, 7-1-2014)

   (A)   Purpose And Intent: This section is intended to ensure that development proposals which include the design and/or construction of new roads, trails and transit facilities are consistent with the adopted circulation element and open space/conservation element of the general plan, and contribute to the implementation of the goals and policies of those elements. Further, it is intended to ensure that proposed transportation improvements are consistent with efficient traffic management and good traffic engineering practices.

   (B)   Public Street, Highway, Alleys, Easements:

      1.   Design: All streets, highways, alleys and ways shall be designed and constructed in accordance with the city's "Subdivision And Engineering Design Manual" as may be periodically updated by the public works director and city engineer.

      2.   Relate To Street Pattern: The design of any new street system proposed as part of any new development shall, in the opinion of the public works director and city engineer, relate to the establishment street pattern in the area adjoining the proposed development.

      3.   Access; Future Development: The proposed street plan shall provide for access and connection for future subdivision or development of adjoining undeveloped property when applicable.

      4.   Street Design: All streets shall be designed, dedicated and constructed in a manner consistent with the circulation element of the general plan and the city's "Subdivision And Engineering Design Manual".

      5.   Additional Rights Of Way Or Easements: Additional rights of way or easements shall be provided when the public works director and city engineer determines that such additional rights of way or easements are necessary to accommodate roadway slopes, drainage structures and other facilities related to improvements required for a development.

      6.   Access: No direct access to residential property contiguous to a freeway, highway or arterial street, as shown on the circulation element of the general plan, shall be permitted, except by a frontage road, service road or street separated from said major thoroughfare by a tier of lots.

      7.   Construction: The design and construction of new, or the extension of any existing streets, shall be consistent with the surrounding street pattern, the circulation element of the general plan, and the city's "Subdivision And Engineering Design Manual". The design and construction of parkways, grade separations, flood control facilities, local drainage facilities and other physical constraints shall be consistent with good engineering practice and shall be subject to approval by the public works director and city engineer.

      8.   Secondary, Alternative Access: Secondary or alternative access shall be provided for all new development whenever deemed necessary by the public works director and city engineer to protect the public safety.

      9.   Centerline Alignment: Within subdivisions and other developments where immediate full improvements are not required, the centerline alignment of the street right of way shall be located so that future improvements can be constructed in accordance with the conditions of approval.

      10.   Street Name Signs: The type and placement of required street name signs shall conform to the city's "Subdivision And Engineering Design Manual".

      11.   Cul-De-Sacs: All new or reconstructed streets which are not through streets shall terminate in a cul-de-sac, designed to the specifications of the city's "Subdivision And Engineering Design Manual", unless specifically waived by the public works director and city engineer in favor of some other design alternative.

      12.   Streetlights: Streetlights shall be installed along the right of way of all newly constructed or extended streets within the city, unless this requirement is exempted by city ordinance, resolution or the city's "Subdivision And Engineering Design Manual".

      13.   Clear Sight: Clear sight triangles shall be maintained at intersections of public roadways, and at intersections of private driveways or alleyways with public roadways in a manner consistent with the city's "Subdivision And Engineering Design Manual".

   (C)   Private Streets, Alleys Or Ways:

      1.   When Permitted: Private streets, in accordance with the city's "Subdivision And Engineering Design Manual", may be permitted when the public works director and city engineer determine that:

         (a)   There is adequate provision for their construction and continuous maintenance;

         (b)   The access and parking needs of the occupants of the development will be adequately served;

         (c)   The construction, use and maintenance of private streets will not be detrimental to the public health, safety and general welfare;

         (d)   Occupants of the development are better served by private streets;

         (e)   The type of development proposed is typically served by private streets.

      2.   Access Control: Private streets may, subject to approval by the public works director and city engineer, provide for access control by design, posting or gating.

      3.   Identification: The intersection of a private street or drive with a public street shall be indicated by posting, gating or a change of pavement material and color at the entry to the private street, as approved by the public works director and city engineer.

      4.   Concrete Rolled Curbs: Concrete rolled curbs may be permitted in place of standard curbs on private streets upon determination by the public works director and city engineer that the concrete rolled curbs are in accordance with the specifications of the city's "Subdivision And Engineering Design Manual", that the streets are adequate to handle drainage, and that an adequate maintenance program is provided for in the covenants, conditions and restrictions, and/or some other maintenance mechanism approved by the city attorney.

   (D)   Sidewalks, Walking Paths, Bicycle Paths And Horse Trails:

      1.   Construction; When Unnecessary: Sidewalks shall be constructed in conjunction with public and private streets, unless they are determined by the planning commission to be unnecessary, considering the rural nature of the development and/or pedestrian circulation needs. If, however, the planning commission determines that sidewalks are not necessary at the time that determination is made, adequate right of way shall be provided for potential need of any such sidewalks. Sidewalk construction shall be in accordance with the city's "Subdivision And Engineering Design Manual".

      2.   Dedications For Public Use: The city may require dedication of walking paths, equestrian and/or other trails for public use when such paths are determined to be necessary to further goals and objectives, policies or programs of the general plan. In addition, and in conjunction with required street dedications, a project applicant may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the development.

   (E)   Local Transit Facilities: The city may require that dedication or irrevocable offer of dedication of land for local transit facilities, such as bus turnouts, benches, shelters, loading pads and similar items. If a subdivision is involved, such requirements shall directly benefit the residents of the subdivisions, and shall apply only if the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the general plan and if the city finds that transit services are or will, within a reasonable time, be made available to the subdivision. (Ord. 805-14, 7-1-2014)

   (A)   Purpose And Intent: The purpose of this section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, and the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.

   (B)   Applicability:

      1.   All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives and cooperative apartments, including mobilehome park conversions, shall be reviewed for conformance with the provisions of this title under the city's conditional use permit procedure, in addition to any and all requirements for preparation, review and approval for a subdivision map, pursuant to the subdivision map act and title X of this code.

      2.   This section shall also apply to the conversion of mobilehome parks to a mobilehome subdivision, condominium or cooperative. Conversion of a mobilehome park to any other use, or cessation of use of the land for a mobilehome park, shall be subject to California Government Code sections 65863.7 and 65863.8.

   (C)   Minimum Requirements: Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversion of apartments or mobilehome parks, the following shall be required:

      1.   Parking: Off street parking shall be provided in the amount and type pursuant to standards for new construction in chapter 14 of this title.

      2.   Yard And Height Requirements: All new condominium projects, including conversions of apartment or conversion of mobilehome park developments, shall comply with property development standards for the district in which the project is to be located, except that nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the city when necessary to protect the public health, safety or general welfare, based upon appropriate findings.

      3.   Covenants, Conditions And Restrictions (CC&Rs): The covenants, conditions and restrictions (CC&Rs) for the new or converting condominium project, including conversion of apartment and mobilehome park projects, shall be reviewed and approved by the planning director and shall include an agreement that the following shall be guaranteed by the developer:

         (a)   Common area items, including, but not limited to, a roof, plumbing, heating, air conditioning and electrical systems shall be maintained by the sponsor of the conversion, or the developer, in good condition until one year elapses from the date of the sale of the last individual unit sold.

         (b)   Adequate provisions for maintenance, repair and upkeep of common areas.

         (c)   Provisions that in the event of destruction, reconstruction shall be in accordance with codes in effect at the time of such reconstruction.

         (d)   Provisions for dedication of land or establishment of easements for street widening or other public purpose.

      4.   Changes: The CC&Rs shall provide that individual unit owners have the right to select or change the management group or the homeowners' association ninety (90) days after sale or transfer of title of fifty one percent (51%) of the units. The CC&Rs shall provide that subsequent owners agree to make no changes in the CC&Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents or owners.

   (D)   Condominium And Mobilehome Park Conversion:

      1.   Condominium conversions and mobilehome park conversions may be approved in the city pursuant to the procedures in section 6-2-5 of this title for a conditional use permit and for a tentative map as set forth in title X of this code and the California subdivision map act.

      2.   No condominium conversion or mobilehome park conversion shall be approved unless and until all of the following conditions have been met by the developer:

         (a)   Tenants have received a tenant's notice of intent to convert pursuant to the provisions of California Government Code section 66427.1 (subdivision map act) prior to filing a notice of pending application to convert with the planning director. Such notice shall be given by the applicant, and shall contain information as to tenants' rights under state and local regulations.

         (b)   A notice of pending application to convert has been filed with the planning director, prior to the filing of a tentative subdivision map and conditional use permit application. The notice shall include a copy of the tenant's notice of intent to convert and a building condition and history report prepared by a building inspection service or similar agency acceptable to the building official and fire department. The report shall contain information set forth on forms to be provided by the planning director, including, but not limited to, date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire or building codes, a listing of the proposed improvements to be carried out, an estimated time schedule, the present rent schedule, including type and length of tenancy, the estimated prices of the converted units and/or lots, a copy of the proposed CC&Rs, a tenant relocation assistance plan indicating the number of tenants interested in the purchasing or relocating and detailed plans for assisting in the relocation of tenants. The developer shall furnish each prospective buyer with a copy of this report, together with the CC&Rs.

         (c)   The planning director shall prepare and deliver to the applicant a staff report, including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations.

         (d)   Tenants shall be notified by the developer in writing, of all public hearings in connection with an application for conversions, and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.

         (e)   The applicant shall comply with the latest city adopted California building code, California mechanical code, California international plumbing code, California electrical code, California fire code, and all other applicable codes, ordinances and regulations. The applicant shall further complete such alterations or repairs required by the building official prior to the sale of any such units.

         (f)   Written notice shall be given to all residential tenants not less than one year from the date of the tentative approval.

      3.   For residential conversions, the planning commission shall also determine that:

         (a)   The conversion is consistent with the general plan; and

         (b)   The vacancy factor of rental housing units in the city exceeds three percent (3%) of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the planning commission determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion; and

         (c)   The developer has complied with all provisions of this title and all other requirements and conditions as may be imposed by the planning commission. (Ord. 805-14, 7-1-2014)

Except where a home occupation is involved, no structure originally designed as a residence (including hotels and motels), or as an accessory structure or addition to a residence, shall be used for any commercial or office use, unless the building and site are improved to meet all code requirements for an office or commercial development. This includes, but is not limited to, building codes, fire codes and the requirements of this title. Such a conversion may be a permitted use or may be subject to a conditional use permit process, depending on the base district use regulations. (Ord. 805-14, 7-1-2014)

   (A)   General Requirements: The dedication requirements, as specified by this section, are imposed as provided by section 66475 of the subdivision map act and shall apply to all final tract and parcel maps, parcel map waivers, lot line adjustments and lot mergers, unless exempted from specific dedication requirements by the subdivision map act. In addition, the provisions of this section may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the general plan.

   (B)   Public Streets, Highways, Alleys, Easements:

      1.   All streets, highways, alleys, ways, easements, rights of way and parcels of land which are shown on the final tract map, parcel map or development plan, and which are intended for public use, shall be offered for dedication for public use by appropriate certificate. All irrevocable offers of dedication shall also be shown by appropriate certificate. If a subdivision is involved, the certificate shall be on the title sheet of the final map. Where lots exist along a public street, highway, alley or easement that does not align with the subject lot, the developer of any such lot shall dedicate to the city such land necessary to assure the continued planned line of improvements along such lot prior to the issuance of a building permit.

      2.   When vehicular access rights from any lot or parcel to any highway or street are to be restricted as a requirement of a subdivision, such rights shall be forfeited in favor of the city by an appropriate certificate. A note stating "Vehicular Access Rights Dedicated To The City Of Taft" shall be placed on the final map along the highway or street adjacent to the lots or parcels affected. If a subdivision is not involved, equivalent certificates and notes dedicating such vehicular access rights shall be required in a form approved by the public works director and city engineer.

   (C)   Utility And Landscape Easements: Any public or private utility and/or landscape easements required by a utility agency or by the city shall be shown on the final tract map, parcel map or by the equivalent documentation if a subdivision is not involved. Said easements shall be dedicated to the appropriate party.

   (D)   Drainage Facilities:

      1.   In the event that a subdivision or development, or any part thereof, is determined by the public works director and city engineer to be traversed by a major watercourse, channel, stream or creek, the developer shall dedicate an adequate right of way for storm drainage purposes if, in the opinion of the public works director and city engineer, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the developer may, as approved by the public works director and city engineer, either construct an adequate channel within such dedication or delineate the course of such watercourse upon the final map or upon an equivalent document if a subdivision is not involved.

      2.   If an artificial drainage facility is necessary for the general use of lot or parcel owners in a subdivision or other development, and is necessary for adequate drainage, as may result from the development and its improvements, the developer may be required to provide such improvements. If required, an adequate right of way for the construction and maintenance of such drainage channel shall be dedicated on the final map, if applicable, or granted by separate instrument.

      3.   When storm drains are necessary for the general use of lot or parcel owners in a subdivision, or other developments, and such storm drains are not to be installed in the streets, alleys or ways of such subdivision or development, then the developer shall offer to dedicate upon the final tract map, parcel map or by separate instrument, the necessary rights of way for such facilities.

      4.   When property, or any portion thereof, being subdivided or developed is within the natural or artificially planned drainage path, as indicated in any approved city drainage plan adjoining unsubdivided or undeveloped property, and no street, alley or way within the subdivision or development is designed to adequately provide for the drainage of such adjoining property, the developer shall dedicate drainage rights of way which are adequate to accommodate the flows calculated for such adjoining property based on the full development of said adjoining property. (Ord. 805-14, 7-1-2014)

The maximum allowable development density or intensity of development shall be as specified in the general plan and as specified in the zone district within which the proposed development is to be located. In determining the allowable number of dwelling units on a development parcel, all remainders of fifty one percent (51%) or greater shall be rounded to the next higher whole number.

   (A)   Affordable Housing And Qualifying Residents Projects:

      1.   Requirements: Granting of a discretionary density bonus or other equivalent financial incentive is governed by Government Code section 65915 when a developer of a residential project agrees to meet the following requirements:

         (a)   Construct at least twenty percent (20%) of the total units for lower income households, as defined in Health And Safety Code section 50079.5; or

         (b)   Construct at least ten percent (10%) of the total units for very low income households, as defined in Health And Safety Code section 50105; or

         (c)   Construct at least fifty percent (50%) of the total units for qualifying residents, as defined in Civil Code section 51.3; or

         (d)   Provide at least thirty percent (30%) of the total units within condominium conversions of apartments for low or moderate income households, as defined in Health And Safety Code section 50093; or

         (e)   Provide at least fifteen percent (15%) of the total units within condominium conversions of apartments for lower income households, as defined in Health And Safety Code section 50079.5.

      2.   Number Of Residential Units; Conditional Use Permit; Additional Provisions: A request for a discretionary density bonus and regulatory concessions or incentives shall apply to projects of five (5) or more residential units, shall require the approval of a conditional use permit, and shall be subject to the following provisions:

         (a)   Density bonus shall mean up to twenty five percent (25%) density increase over the maximum allowable base general plan land use density. In calculating the number of units which is equal to the required threshold as identified in subsections (A)1(a) through (A)1(e) of this section, the density bonus shall not be included in such calculation.

         (b)   The policies for achieving a density bonus shall be as follows:

            (1) The city shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:

               A.   Affordable Housing:

                  i.The proposed project is consistent with the goals, policies and strategies of the general plan; and

                  ii.The proponent has demonstrated that the waiving or modifying of development standards is necessary to ensure the economic feasibility of the project; and

                  iii.The target units will be within the income level for those individuals for which the units are proposed to be developed.

               B.   Qualifying Residents:

                  i.The proposed project is consistent with the goals, policies and strategies of the general plan; and

                  ii.The proponent has demonstrated that the waiving or modifying of development standards is necessary to ensure the economic feasibility of the project; and

                  iii.A commitment has been submitted in writing by the developer guaranteeing that the facility or development will be used for qualifying residents.

      3.   Agreement: Concurrent with the processing of a conditional use permit for an affordable housing or qualifying residents project, the developer shall enter into an affordable housing or qualifying residents agreement for any target dwelling unit for which a bonus density regulatory concessions and/or incentives have been granted as follows:

         (a)   The agreement shall be for thirty (30) years or longer, as may be required for any construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or other similar programs, unless the city makes a written finding that an additional concession or incentive is not required in order to provide for affordable housing costs as defined in Health And Safety Code section 50052.5 or for rents or equivalent housing payment for the targeted units to be set as specified herein, in which case the agreement shall be for ten (10) years.

In the event that the city redevelopment agency provides any assistance, the agreement shall be as follows: 1) no less than the life of the land use restriction of the redevelopment plan; or 2) such other length of time as approved by the city redevelopment agency and/or the city. In any case, the provisions of Government Code section 65915 shall govern.

         (b)   Dwelling units targeted for lower income households, as defined in Health And Safety Code section 50079.5, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of the eighty percent (80%) of Kern County median income as defined by HUD or the state.

         (c)   Dwelling units targeted for very low income households, as defined in Health And Safety Code section 50105, shall be targeted at a rent or equivalent monthly housing payment not to exceed thirty percent (30%) of fifty percent (50%) of Kern County median income as defined by HUD or state.

         (d)   The covenants, conditions and restrictions (CC&Rs) and the affordable housing or qualifying residents agreement shall specify the designated target units which shall be set aside for persons or households of affordable income levels or qualifying residents, and shall include a covenant that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interest of the same which no longer complies with the provisions of the CC&Rs and affordable housing agreement or qualifying residents agreement without the written approval of the city. An annual report shall be submitted by January 31 of each year to the planning director confirming that the rent or sales price, or age restrictions for qualifying residents of all target units for the previous calendar year, is within the income levels or meets the age restrictions as specified herein.

      4.   Concessions, Incentives: In addition to any density bonus provided for the project, the city shall provide at least one of the following concessions or incentives or provide other incentives of equivalent financial values based upon the land cost per dwelling unit to the developer, unless the city makes a finding satisfying the requirements of this section:

         (a)   A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the state building standards commission as provided in part 2.5 (commencing with section 18901) of division 13 of the Health And Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required.

         (b)   Approval of mixed use zoning in conjunction with housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the areas where the proposed housing project will be located.

         (c)   Other regulatory incentives or concessions proposed by the developer and/or city.

In the case of condominium conversions, the city need only grant a density bonus or other incentives of equivalent financial value. The city need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the city may apply as conditions of approval.

      5.   Qualifying Residents:

         (a)   Residential occupancy shall be limited to single persons at least sixty two (62) years old, or to cohabiting couples of which one person is at least sixty two (62) years of age for projects less than one hundred fifty (150) units. Such age restriction may be reduced to fifty five (55) years old for projects greater than one hundred fifty (150) units.

         (b)   This subsection shall apply to both independent living and congregate care facilities as described below:

(1) Independent living: Facilities designed to accommodate independent lifestyles shall include individual rooms which, at a minimum, consists of a full bathroom, sleeping area, kitchen and parking garage.

(2) Congregate care facilities: Shall provide, at a minimum, a full bathroom, sleeping area, communal kitchen, dining area and recreational area appropriate for the number of residents.

      6.   Development Design And Facilities:

         (a)   Lighting: Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public right of way.

         (b)   Laundry Facilities:

(1) Independent living: Washer and dryer hookups shall be provided in each dwelling unit or in an attached garage.

(2) Congregate care facilities: On site common laundry facilities, including installation of washer and dryers shall be provided and may include shared laundry rooms.

         (c)   Common Facilities: These may include one or more of the following facilities located on site for the specific use of the residents of the project, if approved by the planning agency:

(1) Beauty salon and barber shop.

(2) Small scale pharmacy.

(3) Private common transportation carrier, maintained and operated by the facility.

(4) Other similar facilities for the sole enjoyment of the residents.

         (d)   Minimum Unit Size: The minimum floor area for each residential unit shall be as follows: Notwithstanding the provisions of section 6-4-3, table 4.B of this title, regulating minimum dwelling unit size, the units provided shall be no less than four hundred fifteen (415) square feet in floor area for efficiency units, five hundred forty (540) square feet in floor area for one bedroom, and six hundred forty (640) square feet in floor area for two (2) bedrooms, or as otherwise approved by the approving authority.

(1) Open Space Requirements:

   A.Private Open Space: Notwithstanding the provisions of subsection 6-4-4(D) of this title, each dwelling unit shall be provided with a usable private open space in the form of a patio or courtyard with a minimum area of one hundred (100) square feet and a minimum dimension of ten feet (10'), or a balcony of eighty (80) square feet and a minimum dimension of eight feet (8').

   B.Common Open Space: Notwithstanding the provisions of subsection 6-4-4(C) of this title, two hundred twenty five (225) square feet of usable common open space per unit shall be provided within the boundaries of all projects. Usable open space shall constitute areas readily available, practical and generally acceptable for active and/or passive recreational uses. Up to forty percent (40%) of the required common open space may be provided in the form of a common leisure/recreation room.

(2) Parking Security: Parking facilities shall be designed to provide security for residents, guests, employees, shall be integrated into the architecture of the facility, and shall comply with the provisions of chapter 14 of this title.

(3) Transit Facilities:

   A.A bus turnout and shelter along the street frontage may be required to be dedicated and constructed where the development occurs along an established or planned bus route.

   B.In lieu of a bus turnout and shelter, the developer may provide a private, on site taxi or equivalent service.

   (B)   Additional Residential Conditions: The city may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.

   (C)   Qualifying Nonresidential Projects:

      1.   Granting Of A Floor Area Ratio Bonus: Granting of a floor area ratio bonus is governed by Government Code section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements:

         (a)   The commercial or industrial project must consist of at least fifty thousand (50,000) square feet of floor area.

         (b)   The developer must agree to set aside at least two thousand (2,000) square feet of floor area and three thousand (3,000) outdoor square feet to be used for a childcare facility.

      2.   Requests For A Floor Area Ratio Density Bonus: Requests for a floor area ratio density bonus shall apply to commercial and industrial projects of fifty thousand (50,000) square feet or greater, shall require approval of a conditional use permit, and shall be subject to the following provisions:

         (a)   "Floor area ratio bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements, including:

(1) A maximum of five (5) square feet of floor area for each one square foot of floor area contained in the childcare facilities for existing structures.

(2) A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the childcare facilities for new structures.

(3) Projects constructed under this section shall conform to height, setback, lot coverage, parking, site plan review, fees, charges and other health, safety and zoning requirements generally applicable construction in the zone in which the property is located, except as may be modified in this chapter.

         (b)   The daycare facility may be located either on site or off site as agreed upon by the developer and the city, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of forty (40) children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer's bonus density prorated based on the percentage participation of each developer.

         (c)   The developer may either operate the daycare facility itself or may contract with a licensed childcare provider to operate the facility. In all cases, the developer must coordinate with a local childcare resource and referral network in order to qualify for the floor area ratio bonus.

         (d)   Once the childcare facility has been established, prior to any closure, change in use or reduction in the size of the facility, the city council shall find that the need for childcare is no longer present, or is not present to the same degree as it was at the time the daycare facility was developed.

      3.   Additional Nonresidential Conditions: The city may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project. (Ord. 805-14, 7-1-2014)

   (A)   Residential Districts:

      1.   In any required front yard or street side yard of a reversed corner lot, a wall or fence shall not exceed forty inches (40") in height.

         (a)   A front yard fence or wall shall not have more than the first twenty four inches (24") of said fence or wall above grade be of a solid material.

         (b)   A wooden picket, vinyl/composite picket, wrought iron, tube steel, or other similar semitransparent fence shall have pickets no more than four inches (4") in width and space said pickets no closer than two inches (2") apart and no more than four inches (4") apart.

         (c)   Any front yard fence that is part of a retaining wall that exceeds two feet (2') in height shall have no portion of said fence be solid. Such fence shall have a picket design per subsection (A)1(b) of this section.

      2.   A wall or fence not more than six feet (6') in height, as measured from the adjacent grade on the same parcel may be maintained along any interior side yard, rear yard or street side yard; provided, that such wall or fence does not extend into the required front yard or the street side yard of a reverse corner lot.

      3.   Fences and walls located between residential lots shall be constructed with professional craftsmanship quality of wood, wrought iron, tube steel, chainlink, masonry block or other durable materials.

      4.   Fences and walls placed between residential lots and adjoining rights of way, arterial streets and arterial highways shall be constructed with professional craftsmanship quality of wood, wrought iron, tube steel, chainlink, masonry block or other decorative and durable materials. Solid masonry walls for visual screening and sound attenuation may be required for residential uses or residentially zoned property or where more sensitive adjacent land uses exist, as required and approved by the planning director.

      5.   Except where the planning director determines that screening is needed, open walls and fences shall be placed along side and rear yards that are adjacent to open space areas.

      6.   No barbed wire shall be used or maintained as a fence or wall, or as any part of a fence or wall when located along a front, side or rear property line of any lot or within three feet (3') of any such property line; nor shall any sharp wire or points project to the side or above the top of any fence or wall.

      7.   Prohibited fence and wall materials include, but are not limited to: scrap metal, scrap wood or scrap masonry block; chicken wire or other wire fencing; corrugated metal or plastic; or other similar nondurable or nontraditional fence and wall materials.

   (B)   Nonresidential Districts:

      1.   Within any required front building setback area, wall or fences shall not exceed forty inches (40") in height. However, walls or fences may be permitted up to a maximum height of five feet (5'); provided, that the portion of the fence or wall above forty inches (40") in height is ninety percent (90%) light emitting wrought iron or other similar material.

      2.   Fences and walls for the purpose of screening commercial and industrial activities from more sensitive land uses, and for sound attenuation, shall be required as a condition of approval for commercial or industrial development:

         (a)   Open fences may be used so long as solid, durable and opaque screening materials are applied to provide the required screening.

         (b)   Plastic slats in chainlink fencing shall be made of an opaque, durable material and occupy the full width of the chainlink fence openings.

The height, placement and design of such walls shall be determined based on the required sound attenuation and/or need for visual screening to ensure consistency with general plan policies and performance standards. In some instances, site specific conditions may require a variance to maximum wall height requirements in order to meet the provisions of this subsection.

      3.   In any required rear or interior side building setback area, except as provided by subsection (B)2 of this section, walls and fences shall not exceed six feet (6') in height, except with an approved conditional use permit.

      4.   No barbed wire shall be used or maintained as a fence or wall, or as any part of a fence or wall, when located along a front, side or rear property line, or when placed in such a manner as to be visible from a public or private street; nor shall any sharp wire or points project above the top of any fence or wall that is either less than six feet (6') in height or is visible from any public or private street in a commercial zone district, however, such barbed wire may be permitted in an industrial zone district.

      5.   Prohibited fence and wall materials include, but are not limited to: scrap metal, scrap wood or scrap masonry block; fabric screening; chicken wire or other wire fencing; corrugated metal or plastic; or other similar nondurable or nontraditional fence and wall materials.

   (C)   Maintenance And Nuisance: Every owner of real property and every occupant, lessee, or holder of any interest in real property is required to maintain such property, including fences and walls, in a manner so as not to violate the public nuisance provisions of title III, chapter 4 of this code. Any violation of this section or title III, chapter 4 of this code may be subject to code enforcement citations and penalties per titles III and I of this code. (Ord. 816-16, 5-3-2016)

Whenever a tentative map or other residential, commercial or industrial development is approved, which will require grading or other preparation of the soil, the city may impose conditions relating to grading on the approval of the development. Such grading conditions shall be in addition to any other provisions of the building code applicable to the project. Such conditions shall be included by the building official or public works director and city engineer in any grading permit thereafter issued. Such conditions may include, but are not limited to, the following:

   (A)   A requirement that lands slope toward rather than away from the street.

   (B)   Requirements for planting and landscaping of slopes.

   (C)   Requirements for the irrigation of slopes.

   (D)   Limitations on the amount of soil to be imported or exported from the site.

   (E)   A designation of the streets over which trucks or equipment may travel for the purpose of importing or exporting soil.

   (F)   A limitation on the periods during which grading operations may occur.

   (G)   Such other conditions as will facilitate an orderly development of the property in accordance with the provisions of the general plan and the project's approval. (Ord. 805-14, 7-1-2014)

   (A)   Purpose And Intent: In accordance with state law and the adopted Kern County hazardous waste management plan, the purpose of this section is to ensure that businesses locating or operating within the city, which utilize, store, transport or dispose of hazardous materials, incorporate available risk management and waste minimization practices into their operations. Furthermore, the intent of this section is to minimize the risk of exposure to hazardous materials for residents and property within the city.

   (B)   Preliminary Information Requirements:

      1.   All land use applications submitted for a new business or for expansion, or modification of an existing business, shall provide information disclosing the amount and type of hazardous materials used and hazardous waste generated, the business practices for management and reduction of these substances, and emergency response procedures in the event of an accidental release.

      2.   A preliminary hazardous waste minimization plan which identifies proposed waste management and reduction efforts shall be submitted to the city with all applications for land uses which are potential hazardous waste generators, as defined by the Kern County hazardous waste management plan.

   (C)   Hazardous Materials Notification Requirements:

      1.   Any land use which handles or will handle any hazardous material or hazardous waste (as defined by the county hazardous waste management plan) in excess of fifty five (55) gallons of liquid, three hundred (300) pounds of solid, two hundred (200) cubic feet of compressed gases, or any combination thereof, unless the federal threshold is lower, shall prepare and submit a business plan to the county department of environmental health services and the city fire department prior to final approval of any permits. The contents of said business plan shall be as required by the county hazardous waste management plan.

      2.   Prior to final approval, a risk management and prevention program, as defined in the county hazardous waste management plan, shall be submitted to the county department of environmental health services and city fire department for review and approval by any new, modified or expanded land use within the city which handles or will handle "acutely hazardous materials" (AHM), as defined in the county hazardous waste management plan, in amounts greater than fifty five (55) gallons of liquid, five hundred (500) pounds of solid or two hundred (200) cubic feet of a compressed gas.

      3.   Commercial and industrial uses which propose to locate within the city provide the fire department with a list of all hazardous materials used at the site, a description of where and how each is stored, and how each react in a fire.

      4.   Placards or other appropriate signage shall be placed on all buildings or structures which are used for the storage of hazardous materials or wastes.

   (D)   Unlawful Discharges: The unlawful discharge of hazardous wastes into the air, land or water resources within city boundaries is prohibited. (Ord. 805-14, 7-1-2014)

Unless modified by this chapter, chapter 12, "Specific Use Development Standards", or 13, "Performance Standards", of this title, the maximum allowable height of a structure shall conform to the regulations of the zone district within which the structure is to be located. (Ord. 805-14, 7-1-2014)

   (A)   Improvement Standards:

      1.   Standards for the design and improvements of subdivision and other developments shall be in accordance with the applicable sections of title X of this code, the subdivision map act, the general plan, any specific plans adopted by the city, and such other standards, regulations or ordinances as may, from time to time, be adopted by the city council.

      2.   In the absence of a standard for an improvement, the public works director and city engineer may establish a standard in keeping with good construction and engineering practices.

   (B)   Improvement Plans Required:

      1.   All improvements proposed to be constructed or installed in subdivisions or other residential, commercial or industrial developments shall be in accordance with detailed plans and specifications approved in writing by the public works director and city engineer prior to commencement of said improvement work.

      2.   Improvement plans in sufficient detail shall be submitted to and shall be approved by the public works director and city engineer prior to submitting a final subdivision map to the city council, or if no final subdivision map to the city council, or if no final subdivision map is required, prior to commencement of construction.

      3.   Required improvement plans shall show the location of all existing improvements, including, but not limited to, electrical, natural gas, telephone, and any other service facilities adjacent to or potentially affected by the proposed improvements. Specific improvement plan requirements shall be compiled and made available to the public by the public works director and/or the city engineer. Improvement plans shall be prepared by a professional civil engineer registered in the state of California.

      4.   All improvement plans shall be prepared by a registered civil engineer. Said improvements shall be completed or shall be bonded for, in accordance with adopted city bonding requirements, by each developer, as required by the conditions of approval, prior to acceptance of the final tract map, or the equivalent, if a final subdivision map is not required.

      5.   Improvements which are proposed to be or are required to be located within state highway rights of way shall be shown on the improvement plans and shall be designed to California department of transportation standards. Prior to approval by the public works director and city engineer, the developer shall acquire the department of transportation's approval of such improvements.

      6.   An encroachment permit shall be obtained prior to commencement of any work done in connection with subdivisions or other residential, commercial or industrial development projects within the public right of way. (Ord. 805-14, 7-1-2014)

   (A)   Nonresidential:

      1.   All outdoor lighting associated with nonresidential uses, excluding recreational uses, shall be shielded and directed away from surrounding residential uses. Such lighting shall not exceed one-half (0.5) foot-candle of illumination beyond the property containing the nonresidential use, and shall not blink, flash, oscillate or be of unusually high intensity of brightness.

      2.   Parking areas of five (5) or more spaces shall have an average of one-half (0.5) foot-candle of illumination per square foot of parking area for visibility and security during hours of darkness.

      3.   Each parking area of five (5) or more spaces existing prior to the effective date hereof, which is enlarged, reconstructed, altered or changed from its previous configuration, shall be subject to the above illumination requirements.

      4.   Wiring for illumination shall be underground.

      5.   The following types of outdoor lighting usage shall be prohibited between ten o'clock (10:00) P.M. and dawn:

         (a)   The operation of searchlights for advertising purposes; and

         (b)   The illumination of outdoor public recreational facilities, unless a specific recreational activity requiring the lighting is already in progress. All lighting shall be on a time clock or photo sensor system.

   (B)   Residential:

      1.   All single-family, duplex and triplex residential dwelling units shall be equipped with security lighting affixed to the exterior of each garage and above the exterior of each front and rear door.

         (a)   Lights shall be installed and shall be hardwired into the electrical power source.

         (b)   Lights shall be shielded and directed away from surrounding residential uses and shall not blink, oscillate or be of unusually high intensity.

      2.   Outdoor light poles within residential areas, except for street lighting, shall not exceed twelve feet (12') in height. Such lighting shall be designated to project downward, and shall not create glare on adjacent properties.

   (C)   Recreational: A conditional use permit shall be required for all sport and athletic field, stadium, or major event lighting. (Ord. 805-14, 7-1-2014)

Unless otherwise specified in chapter 12, "Specific Use Development Standards", of this title, the minimum allowable building site size shall be in accordance with the regulations of the zone district within which the structure is to be located. (Ord. 805-14, 7-1-2014)

Manufactured housing, fabricated off site and to be installed on a parcel of land, including mobilehomes, manufactured homes and modular homes, may be permitted on individual lots that permit single-family detached housing, subject to the following requirements:

   (A)   Permanent Foundation: The manufactured home is permanently attached to a permanent foundation in compliance with all applicable building regulations.

   (B)   Mobilehomes; Certification Required: If the manufactured home is a mobilehome, construction shall be certified under the national mobilehome construction and safety standards act of 1974 (42 USC section5401 et seq.), pursuant to Health And Safety Code section 18551. Documentation indicating certification and construction date must be submitted to the building department in order to secure a valid building permit.

   (C)   Minimum Size: The manufactured home is no less than sixteen feet (16') wide and no less than eight hundred fifty (850) square feet in area.

   (D)   Criteria For Compatibility: The planning director determines that the placement of the manufactured home is compatible with the existing development in the immediate area in which it is being placed, in accordance with the following criteria:

      1.   The design of the manufactured home shall be similar in character and appearance to other dwellings in the immediate vicinity relative to design features, including, but not limited to, unit size, roof overhangs, roof materials, roof pitch and exterior materials; and

      2.   All building setbacks, parking, coverage, height and sign requirements of the base district shall apply.

   (E)   Architectural Requirements: Manufactured housing shall comply with the following architectural requirements:

      1.   A minimum three (3) in twelve inches (12") vertical to twelve inches (12") horizontal, roof pitch and a minimum of one foot (1') eave around the entire perimeter of the manufactured home, as measured from the vertical wall surface, is required.

      2.   Roofing material customarily utilized in the construction of a conventional single-family dwelling, such as, but not limited to, wood, shingles, tiles, asphalt or composition shingles is required.

      3.   Only nonreflective or nonglassy siding materials customarily utilized in the construction of conventional single-family housing shall be permitted. These materials may include, but are not limited to, brick, stucco, wood or plaster.

      4.   The predominant shape and form of the manufactured home shall be compatible with that of the surrounding neighborhood.

      5.   The design and materials of any enclosed garage, porch or other structure that is visible from the street, shall be compatible with the requirements and architecture of the main dwelling.

   (F)   Conditional Use Permit: Manufactured homes not meeting installation and architectural requirements specified in this section, shall be permitted only upon approval of a conditional use permit, pursuant to the provisions of this title. (Ord. 805-14, 7-1-2014)

   (A)   Purpose And Intent: The intent and purpose of this section is to establish standards to be used in the development of mobilehome parks within the city. These standards are intended to assure a suitable living environment for those persons residing within mobilehome parks and within nearby residential neighborhoods.

   (B)   Objectives:

      1.   Private Streets: Encourage the use of private streets and the private maintenance thereof.

      2.   Amenities, Common Areas: Provide for recreational amenities and common areas, with controls and maintenance thereof by the mobilehome park owner, homeowners' association or common interest group.

      3.   Design: Provide a design that is related to and compatible with existing and planned land uses and circulation patterns on adjoining properties.

   (C)   Conditional Use Permit: A conditional use permit, as provided in section 6-2-5 of this title, shall be required for development of a new mobilehome park and/or for modification or expansion of an existing mobilehome park. Whenever a difference occurs between the standards of this section and an underlying zone district, the standards of this section shall apply.

   (D)   Site Development Standards: The following standards shall apply to the development of a mobilehome park. Additional requirements may be specified in conditions of approval of a conditional use permit:

      1.   Minimum Area: A mobilehome park shall be no less than five (5) acres in size and the minimum area of a mobilehome space shall be no less than three thousand five hundred (3,500) square feet.

      2.   Density: No more than seven (7) mobilehome spaces per gross acre shall be permitted. Rights of way of interior streets may be included in the gross acre figure.

      3.   Coverage: The maximum permitted coverage of mobilehomes and all necessary buildings and/or structures shall be seventy five percent (75%) of the total area of the individual lot.

      4.   Yard Setbacks: Each mobilehome space shall comply with the following minimum yard setbacks. There shall be no encroachments on any yard setback.

         (a)   Front yard: Ten feet (10').

         (b)   Rear yard: Five feet (5').

         (c)   Side yard: Five feet (5').

      5.   Access Drives: Parking within a required access drive is prohibited. Width of access drives shall be determined by the public works director and planning director.

      6.   Off Street Parking:

         (a)   Two (2) parking spaces, at least one of which shall be covered, shall be provided on each mobilehome space. Each parking space shall be no less than nine feet by nineteen feet (9'x19') in size. No parking space may be located within the front yard setback area; tandem parking may be permitted.

         (b)   One guest parking space shall be provided for each four (4) mobilehomes located within the development. Guest parking may be permitted on interior street rights of way if the street has been designed to accommodate on street parking.

      7.   Interior Streets:

         (a)   Private streets within a mobilehome park shall be a minimum of twenty four feet (24') wide with no on street parking, a minimum of thirty two feet (32') wide if parking is permitted on one side of the street, and a minimum of forty feet (40') wide if parking is permitted on both sides of the street.

         (b)   A roadway divided into separate one-way traffic lanes, by a curbed divider, or similar device, shall be no less than fifteen feet (15') in clear width on each side of the divider. Automobile parking shall be prohibited on a divided roadway except where the unobstructed width of the roadway on the side of the divider used for parking is increased by eight feet (8') for each parking lane.

      8.   Open Space: A minimum of ten percent (10%) of the net mobilehome park site shall be maintained for permanent open space and recreational facilities. Open space areas shall not include any portion of a mobilehome space for exterior perimeter landscaping. Usable open space may be occupied by recreational facilities, such as recreation centers, swimming pools, golf courses, tennis, basketball, volleyball, badminton courts, children's play areas, trails and picnic areas.

      9.   Landscaping: All areas within a mobilehome park not used for recreational facilities, streets, driveways, parking structures, building and service areas shall be landscaped, shall be provided with an automated irrigation system, and shall be permanently maintained in a manner approved by the planning director.

      10.   Common Storage: A common storage area, equivalent in size to one hundred (100) square feet for each mobilehome space, shall be provided within the mobilehome park. The purpose of this storage is to store such items as recreational vehicles, boats and trailers. The storage area shall be paved and enclosed by a solid wall or durable view obscuring fence that is at least six feet (6') in height.

      11.   Parking Of Recreational Vehicles, Trailers: Recreational vehicles, boats and trailers shall not be permitted on individual mobilehome spaces, interior streets or parking spaces designated for automobile parking.

      12.   Property Line Landscaping: Each mobilehome park shall have a landscaped area, served by an automatic irrigation system, of no less than fifteen feet (15') between the property line and the required perimeter wall if adjoining a public or private street. Where a property line is not adjacent to a public or private street, a perimeter wall shall be provided along said property line.

      13.   Perimeter Wall: Except where otherwise required, a perimeter wall shall be no less than six feet (6') in height. Where there is a difference in elevation on opposite sides of a wall, the height shall be measured from the exterior side of said wall. The following design elements shall be incorporated into all perimeter walls:

         (a)   The wall shall consist of concrete, stone, bricks, tile or a similar type of masonry material and shall be at least four inches (4") thick.

         (b)   Berms, if incorporated into the project, shall be constructed of earthen materials, landscaped and provided with an automatic irrigation system.

      14.   Height Of Landscaping: Perimeter yard walls and landscaping shall be limited to a height of forty inches (40") within five feet (5') on either side of street openings for nonvehicular traffic and within ten feet (10') on either side of street openings for vehicular traffic.

      15.   Improvement Of Adjoining Streets: Adjoining streets shall be improved, as required by the public works director and city engineer, to include all or any of the following: curb, gutters, street paving, sidewalks and street lighting. This requirement shall include preparation of street improvement plans and any other engineering deemed necessary by the public works director and city engineer.

      16.   Underground Utility Lines: All utility lines, including water, sewer, electric, gas, telephone and television distribution systems, shall be placed underground.

      17.   Trash Storage Areas: Trash storage areas shall be provided as follows:

         (a)   Every mobilehome space shall have individual curb site pick up; or

         (b)   If common trash facilities are used, they shall be contained within an enclosed masonry structure no less than six feet (6') in height.

      18.   Lighting: Adequate lighting shall be provided throughout a mobilehome park to ensure for pedestrian and vehicular safety and to minimize potential security problems.

      19.   Space Identification: Each mobilehome space shall be numbered, lettered or identified in such a manner as to be clearly visible from the street. A map and directory of the mobilehome park shall be installed near the primary access drive. Said map and directory shall be equipped with a lighting system adequate for nighttime visibility. (Ord. 805-14, 7-1-2014)

   (A)   Intent:

      1.   Public Health And Safety: Noise hazard provisions are intended to protect public health and safety by identifying high noise areas in the city and establishing regulations to mitigate those identified high noise levels.

      2.   Applicability: The noise hazard provisions shall be applied to those areas where the projected community noise equivalency level (CNEL) is sixty five (65) decibels (dBA) or greater.

   (B)   Development Standards:

      1.   Residential Land Use Areas: When a land use application or development permit is proposed within the sixty five (65) dBA CNEL noise contour and such a proposed use or noise associated with such a use is adjacent to a residential zone district or residential use, the following standards shall apply:

         (a)   Noise levels shall be identified. An acoustical report shall be performed to identify noise impacts and any recommendation for noise attenuation or other mitigation measures to be incorporated into the design standards or conditions of approval as applicable.

         (b)   Interior noise levels in residences, dwelling units and educational institutions shall not exceed forty five (45) dBA CNEL emanating from sources outside the affected building.

         (c)   Exterior noise levels in residential land use areas shall not exceed sixty five (65) dBA CNEL.

         (d)   Ability to mitigate exterior noises to the levels of sixty five (65) dBA CNEL shall be considered by the reviewing authority when determining the actual CNEL level with which the land uses must comply.

         (e)   In areas where noise exceeds the noise standard, steps shall be taken to mitigate noise levels. An acoustical report identifying mitigation measures shall be required and reviewed by environmental health services department prior to issuance of any required development permits or approval of land use applications.

      2.   Other Structures: All other structures shall be sound attenuated against the combined input of all present and project exterior noise to not exceed the following criteria:

 

 

      3.   Maximum Average Level: In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a twenty four (24) hour period shall not exceed sixty five (65) dBA interior. (Ord. 805-14, 7-1-2014)

The city shall require, as a condition of approval, the dedication of improvements, such as rights of way, easements, and the construction of reasonable off site improvements when required by any city ordinance, resolution or standard in conjunction with the parcels being developed or created. (Ord. 805-14, 7-1-2014)

The city may, as established by the open space and conservation element of the general plan and this title, require, as a condition of approval for development projects, the payment of fees and/or dedication of land for the provision of neighborhood or community parks and/or recreational facilities. The general plan establishes the ultimate proportion of three (3) acres of neighborhood park, community park and recreational facilities per one thousand (1,000) persons residing in the city.

   (A)   Number Of Dwelling Units: For the purposes of this section, the number of actual or potential dwelling units created by a subdivision or development shall be as follows:

      1.   Number: One dwelling unit per unit approved.

      2.   Multi-Family: Where the number of units to be built in a multi-family residential district is unknown, the maximum number of dwelling units allowed under that zone classification shall be used.

      3.   Condominium Projects: For a condominium project, the number of dwelling units created shall be the number of condominium units approved.

   (B)   Exemptions: This section shall not apply to the following subdivisions:

      1.   Commercial, Industrial: Commercial or industrial developments.

      2.   Condominium, Stock Cooperatives: Condominium projects or stock cooperatives, which consist of the subdivision of air space in an existing apartment building that is more than five (5) years old and in which no new dwelling units have been added by the subdivision.

      3.   Nonresidential: Subdivisions containing less than five (5) parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps stating that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four (4) years after recordation of the subdivision map, the fees shall be paid by the owner of each parcel as a condition to the issuance of such permit.

   (C)   Dedication Requirements:

      1.   Statement Of Intent: Whenever a tentative tract map or other residential project, which is subject to the provisions of this section, is submitted to the planning department, the submittal shall be accompanied by a written statement from the applicant stating whether the applicant intends to dedicate land and/or pay fees in lieu thereof for park and recreational purposes. If the applicant intends to dedicate land for this purpose, such area shall be shown on the proposed tentative tract map or site plan. If fees are to be paid, the conditions of approval shall specify the amount of fees to be paid to the city and shall include the schedule for such payment. Dedications of park land shall be reviewed and, if acceptable, approved by the city council.

      2.   Land Conveyance: Land shall be conveyed fee simple to the city by grant deed, free and clear of all encumbrances, except for those encumbrances which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map, or as required by the final conditions of approval if no final map is required.

      3.   Deeds For Park Dedications: Deeds for park land dedications shall be returned to the developer, project applicant or developer, as applicable, upon:

         (a)   Withdrawal of a final map, if a final map is required; or

         (b)   Withdrawal of the application for the development permit by the applicant.

Deeds shall be returned under the circumstances described above within a reasonable time period, not to exceed ninety (90) days from date of withdrawal or disapproval, or as otherwise established by city ordinance.

      4.   Recording Of Deed: Deeds shall be recorded by the city upon recordation of the final map or at the discretion of the city clerk if no final map is recorded.

      5.   Title Insurance Policy: Deeds shall not be accepted for the dedication of park land, unless accompanied by a title insurance policy, secured by and at the expense of the grantor, in an amount equal to the land dedication.

      6.   Payment Of Fees: When required, fees shall be paid at such time as established by conditions of approval for a project. Payment may be required prior to approval of a final map if the fees are to reimburse the city for expenditures previously made or for an account which has been established wherein the city has adopted a proposed construction schedule or plan.

      7.   Reconveyance: Whenever land has been conveyed or fees paid to the city, as a condition of approval of a subdivision, and a final map for the subject subdivision is not recorded, or, if recorded, the land is thereafter reverted to acreage, the city may, at its option, either reconvey all land dedicated or fees paid to be applied only to a new subdivision on the same property, or make other mutually agreeable arrangements with the developer.

   (D)   Determination Of Land Dedication And Payment Of Fees: When conditions of approval for a subdivision or other residential development, subject to the provisions of this section, require dedication of land and/or payment of fees, the conditions shall be based on the following:

      1.   Area Considerations: The natural features of the area, available access, location, size and shape of the land available for dedication, feasibility of dedication, location of existing and proposed park sites and trailways, and the compatibility of the dedication with the general plan.

      2.   Insufficient Amount Of Land: Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.

      3.   Amount, Location: The amount and location of the land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or other residential development.

      4.   Residential Density Consideration: The amount of land to be dedicated or fees paid shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the number of persons per unit by the ratio which the number of acres of park land is required for each one thousand (1,000) persons (i.e., .0025). The average number of persons per unit shall be the most recent such average established by the department of finance of the state of California or by Kern council of governments.

      5.   Improvements Required: Whenever land is dedicated pursuant to this subsection, the developer may be required to provide the following for the benefit of the land dedicated:

         (a)   Full street improvements and utility connections, including, but not limited to, curbs, gutters, sidewalks, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices and street trees.

         (b)   Block wall fencing, masonry wall or some other material approved by the planning director.

         (c)   Improve drainage through the park site.

         (d)   Minimal physical improvements, not including recreational facilities, building or equipment, which the public works director and city engineer determines are necessary for acceptance of the land for park and recreational purposes.

         (e)   Access to the park and recreational facilities from an existing or proposed public street, unless the public works director and city engineer determines that such access is unnecessary for maintenance of the park areas or use of the park by residents of the area.

         (f)   Grading and drainage improvements, irrigation and planting improvements as required by this title. All land is to be dedicated and improvements to be made shall be approved by the public works director and city engineer prior to final approval or disapproval of a subdivision or development plan by the city.

         (g)   No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated or fees paid under the provisions of this title.

         (h)   Whenever a fee is to be paid, in lieu of the dedication of land, the following provisions shall apply:

            (1) The fee shall be established by resolution of the city council. Said fee shall bear a reasonable relationship to the value of land which would otherwise be required if land dedication were being made.

            (2) Whenever fees are paid pursuant to this section, the city shall deposit them into a separate park fund. All fees paid may be used only for the purpose of developing new or rehabilitating existing neighborhoods, community parks or recreational facilities to serve the subdivision. The development of new park and recreational facilities includes, but is not limited to, the acquisition of land for neighborhood or community parks for recreational purposes. Fees shall be expended for use only within the boundaries of the city.

            (3) The developer may receive a credit against fees as follows:

               A.   A credit may be given against the requirements for the payment of fees or the dedication of land required by this subsection for the reasonable value of park and recreation improvements provided by the developer, if approved and accepted by the city. The amount of the credit shall be determined prior to the approval or conditional approval of a tentative map or equivalent for other residential projects not involving a subdivision.

               B.   A credit may be given where private areas for park and recreational purposes are provided in a subdivision or other residential development, when such areas are for active recreational uses, are to be privately owned, and are to be maintained in common by the future owners of the development. Upon approval by the city, such areas may be credited against a maximum fifty percent (50%) of the requirement of land dedication or fees. Approval of such credits shall be based on a determination by the city that it is in the public interest to allow such credits, and that all of the following standards have been met or will be met prior to approval of the final map or development permit:

                  i.Yards, court areas, setbacks and other open space areas, which are required to be established and maintained by other provisions of this title, are satisfactorily incorporated into the project design; and

                  ii.Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by record written agreement, covenants or restrictions; and

                  iii.The use of the private area is restricted to park and recreational purposes by an open space easement or other instrument in favor of or enforceable by the city; and

                  iv.The proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

                  v.The private recreational areas can be utilized by project residents in a manner which would reduce the need for public recreational facilities in proportion to the requested park land credit.

         (i)   Land which has been dedicated and accepted by the city may be sold by the city if a developer has not begun substantial construction within two (2) years following recordation of a final map or final approval of a project, other than a subdivision, provided the city determines that another site would be more suitable for park or recreational facilities. In that situation, the proceeds from the sale of the dedication land must be used for the purchase or improvement of the more suitable site.

         (j)   All fees collected pursuant to this section shall be committed by the city to develop park or recreation facilities to serve residents of the subdivision or other residential development if a subdivision is not involved.

         (k)   The commitment required by Government Code section 66477(f) for using fees collected by the city pursuant to this section shall be the applicable annual budget of the city unless the city adopts a separate schedule. (Ord. 805-14, 7-1-2014)

Off street parking facilities shall be provided in accordance with the provisions of chapter 14 of this title. (Ord. 805-14, 7-1-2014)

   (A)   Uses Specified: When identified as a permitted use or a use permitted subject to an approved conditional use permit in the zone district in which outdoor uses are to be located, the following uses may be permitted outside of an enclosed building, provided they are located entirely on private property. No other uses shall be allowed unless permitted under the express provisions of this section:

      1.   Drive-in and drive-through restaurants.

      2.   Patio tables, chairs, umbrellas and similar outdoor accessories used in connection with a restaurant business, which does not impede pedestrian or vehicular circulation.

      3.   Outdoor vending machines or displays, including weighing scales, when accessory to a business is conducted within a building.

      4.   Lumber/material yard in conjunction with a principal retail store and contractor supply yards, provided the outdoor storage is screened from view from a public street as approved by the planning department.

      5.   Border materials, flowerpots, trellises and the like, provided they are accessory to an established business.

      6.   Automobile dealership sales, leasing and rental display and automobile storage lots.

      7.   Dealership sales, leasing and rental display of mobilehomes, farm equipment, recreational vehicles, travel trailers, motorcycles and boats. Additionally, outdoor storage of materials and products is permitted if said storage of materials and products is completely screened from view from the public right of way and from adjacent properties. Said screening shall be subject to approval by the planning director and shall conform to the provisions of section 6-2-9, "Site Plan Review/Design Review", of this title.

      8.   Temporary Christmas tree sales.

      9.   Recycling facilities.

      10.   Other uses determined by the planning commission to be similar to and no more objectionable than those uses listed in this subsection in accordance with the provision of section 6-1-9 of this title.

   (B)   Nonconforming Uses: An outdoor use, which is not specifically listed as a permitted outdoor use in subsection (A) of this section, and which became a nonconforming use after the effective date hereof, shall be removed or made to conform to the provisions of this chapter:

      1.   Within thirty (30) days after the effective date hereof, the code enforcement officer shall commence giving written notice to the owners of nonconforming outdoor uses informing them of the nature of the nonconformity, their responsibilities and the city's intent to enforce this subsection. Following such notice, nonconforming outdoor uses shall be removed or made to conform to the provisions of this section within one hundred eighty (180) days.

      2.   Enforcement of this subsection shall be in accordance with the provisions of section 6-1-4 of this title and the general penalty imposed in enforcement of this subsection shall be in accordance with the provision of section 6-1-5 of this title. (Ord. 805-14, 7-1-2014)

In any subdivision, or other development application, wherein any parcel of land borders a public open space or recreational area, pedestrian access to such areas shall be dedicated or permanently preserved. (Ord. 805-14, 7-1-2014)

   (A)   Purpose And Intent: It is the policy of the city of Taft, pursuant to the federal fair housing amendments act of 1988 and the California fair employment and housing act (hereinafter "acts"), to provide individuals with disabilities reasonable accommodation to rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures to comply fully with the intent and purpose of fair housing laws.

   (B)   Applicability: The city council finds and determines that this chapter is intended to apply to those persons who are defined as disabled under the acts:

      1.   An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

      2.   The federal fair housing amendment act of 1988 and California's fair employment and housing act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing.

      3.   The Taft housing element identifies and sets forth a plan for removing governmental constraints to housing for individuals with disabilities by providing reasonable accommodation.

      4.   A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures furthers compliance with federal and state fair housing laws and provides greater opportunities for the development of critically needed housing for individuals with disabilities.

      5.   A request for reasonable accommodation may be made by any person with a disability, the person's representative, or any entity, when the application of a zoning law or other land use regulation, policy or practice is perceived to act as a barrier to fair housing opportunities.

      6.   "Reasonable accommodation" in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

   (C)   Authority:

      1.   Authority of review and approval for reasonable accommodation shall be vested with the planning director.

      2.   If a request for reasonable accommodation is submitted for concurrent review with another discretionary land use application, it shall be determined by the authority making the final discretionary land use decision.

   (D)   Application: Request for reasonable accommodation shall be submitted on an application form provided by the planning and community development department or in the form of a letter and shall contain the following information:

      1.   Application Materials:

         (a)   The applicant's name, address and primary contact telephone number.

         (b)   The name and mailing address of the property owner(s).

         (c)   Address of the property for which the request is being made.

         (d)   The current use of the property.

         (e)   The basis for the claim that the individual is considered disabled under the acts.

         (f)   The code provision, regulation or policy from which reasonable accommodation is being requested.

         (g)   What specific accommodation is requested and why the accommodation is necessary to make the specific property accessible to the individual.

      2.   Additional Discretionary Actions: If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, site plan review, general plan amendment, variance, etc.), then the applicant shall file the information required above for reasonable accommodation together for concurrent review with the application for discretionary approval.

   (E)   Review Procedures And Findings:

      1.   The planning director shall make a written determination on the request within thirty (30) days and either approve, approve with modifications or deny a request for reasonable accommodation.

      2.   The planning director may request additional information from the applicant if it is determined the application and request is incomplete. The planning director shall specify in detail the items needed to make a determination consistent with fair housing laws. The thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

      3.   The determination on whether to approve, approve with modifications or deny a request for reasonable accommodation made by the authority responsible for reviewing the discretionary land use application shall be made at the time of the discretionary land use decision.

      4.   The written decision to approve, approve with modifications or deny a request for reasonable accommodation shall be based on consideration of the following factors:

         (a)   Whether the housing, which is the subject of the request, will be used by a disabled individual.

         (b)   Whether the requested accommodation is necessary to make specific housing available to a disabled individual.

         (c)   Whether the requested accommodation would impose an undue financial or administrative burden on the city.

         (d)   Whether the requested accommodation would require a fundamental alteration in the nature of a city land use, zoning and building regulations, policies, practices and procedures.

         (e)   Potential impact on surrounding uses.

         (f)   Physical attributes of the property and structures.

         (g)   Alternative accommodations which may provide an equivalent level of benefit.

      5.   In granting a request for reasonable accommodation the planning director or other reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

      6.   While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

   (F)   Written Decision On The Request For Reasonable Accommodation:

      1.   The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the planning director's or other reviewing authority's findings.

      2.   If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period the request shall be deemed approved.

   (G)   Appeals:

      1.   A determination by the reviewing authority to approve, approve with modifications or deny a request for reasonable accommodation may be appealed, pursuant to section 6-2-20 of this title.

      2.   If an individual needs assistance in filing an appeal on the decision, the city shall provide assistance to ensure that the appeals process is accessible. (Ord. 823-16, 9-20-2016; amd. Ord. 849-22, 12-6-2022)

   (A)   Conditions: The city may require that areas of real property within a subdivision or other residential, commercial or industrial development be reserved for parks and recreational facilities, fire stations, libraries or other public uses, such as, but not limited to, domestic water and sewage facilities subject to the following conditions:

      1.   The proposed use of the land reserved is in accordance with general plan policies and standards, any adopted specific plans and all provisions of this title.

      2.   The reserved area is of such size and shape as to permit the balance of the property, within which the reservation is located, to be developed in an orderly and efficient manner.

      3.   The amount of land reserved will not make development of the remaining land held by the developer economically unfeasible.

   (B)   Agreement: The city shall, at the time of approval of a final map, parcel map or approval of other residential, commercial or industrial development, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of filing the tentative map, or other development request, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the city fails to enter into such a binding agreement, the requirement of reservation shall automatically terminate. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

Roofing materials which will be visible to the public from adjacent streets or property shall be of a nonreflective composition. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

Structures may be relocated from one parcel to another, subject to the following requirements:

   (A)   Compliance Required: Upon relocation of a structure to a new parcel, the parcel, including the relocated structure, shall comply with all regulations of this title, including all development standards, regulations and restrictions for the use and the district in which the structure is to be relocated, including, but not limited by this reference to, building height, setback, parcel coverage and unit density requirements.

   (B)   Standards: The structure proposed to be moved or relocated shall be placed and, if necessary reconstructed, in the district within which it is to be located under all existing standards, regulations and restrictions.

   (C)   Time Limits: Construction of residential structures proposed to be moved or replaced shall commence within thirty (30) days, and shall be completed within three hundred sixty five (365) days, of the date the structure is relocated onto the property.

   (D)   Notice Required: Prior to issuance of a building permit, a "notice of intent to relocate" form, approved by the building official, shall be posted on the property proposed to contain the relocated structure for a minimum period of one week. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Intent: It is the intent of this section to conserve, protect and encourage the development, improvement and continued viability of agricultural land and industries for the long term production of food and other agricultural products; support the economic well being of the city residents; balance the rights of farmers to produce food and other agricultural products with the rights of nonfarmers who own, occupy or use land within or adjacent to agricultural areas; and reduce the loss to the city of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance.

   (B)   Applicability: All agricultural activity, operations, facilities or appurtenances thereof shall comply with the provisions of this section and with the applicable provisions of the zone district in which the land use is located.

   (C)   Protection From Nuisance:

      1.   Standards: No agricultural activity, operation, facility or appurtenances thereof shall be, or become a nuisance if the following standards are met:

         (a)   The agricultural use is conducted or maintained for commercial purposes; and

         (b)   The agricultural use is conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality; and

         (c)   The agricultural use has been in operation for more than three (3) years and was not a nuisance at the time it began.

      2.   Government Code Applicability: This section shall not invalidate any provision contained in the Government Code of the state of California associated with agricultural activities, operation, facility or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

      3.   Civil Code Applicability: This section is not to be construed to modify or abridge state law, as set out in the California Civil Code relative to nuisances, but rather to be utilized in the interpretation and enforcement of the provisions of city ordinances and regulations.

   (D)   Notice To Buyers Of Land: The planning director shall cause the following notice to be included on any proposed land division that lies partly or wholly within three hundred feet (300') of any land zoned for primarily agricultural purposes:

      1.   Content Of Notice:

      2.   Notice Included In Land Division Proposal: The public works director and city engineer shall cause the notice described in subsection (D)1 of this section to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred feet (300') of any land zoned for agricultural purposes. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Intent: The scenic resources regulations are intended to establish development standards which protect, preserve and enhance the aesthetic resources of the city by incorporating design considerations that minimize interference with the preservation of unique natural resources, roadside views and scenic corridors. It is also the intent of the scenic resources regulations to implement state and federal programs and regulations regarding scenic highway routes.

   (B)   Location Requirements: The scenic resources regulations may be applied to the following areas:

Areas with unique views of mountain and valley areas or any other aesthetic natural land formations.

   (C)   Development Standards: When a land is proposed within a scenic area, the following criteria shall be used to evaluate the project compliance with the intent of the district:

      1.   Building And Structure Placement: The building and structure placement shall be compatible with and shall not detract from the visual setting or obstruct significant views.

      2.   Setbacks: Intensive land development proposals, including, but not limited to, residential facilities, commercial and industrial activities shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of such development proposals shall also provide for maintenance of a natural open space parallel to the right of way. This represents the visible land area outside the highway right of way which may be described as the "view from the road".

      3.   Access Drives: Right of way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designated to function as an integral unit with common parking and right of way access drives when feasible.

      4.   Roads, Pedestrian Walkways, Parking And Storage Areas: Large scale development shall restrict the number of access points by providing common access roads. Parking and outside storage areas shall be screened from view, to the maximum extent feasible, from adjacent scenic or recreational resources by placement of buildings and structures, or by landscaping and plantings.

      5.   Aboveground Utilities: Utilities shall be constructed and routed underground, except in those situations where natural features prevent the underground routing or where safety considerations necessitate aboveground construction and routing. Aboveground utilities shall be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where practical, aboveground utilities shall be screened from view from adjacent scenic or recreational resources by placement of buildings and structures.

      6.   Grading: The alteration of the natural topography of the site shall be minimized and shall, to the extent feasible and practical, avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system.

      7.   Storage Areas: Outside storage areas associated with commercial or industrial activities shall be completely screened, in a manner approved by the planning department, from view from the right of way with landscaping and plantings. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Commercial And Industrial Uses:

      1.   Wherever any building or structure is erected or enlarged on any property which is zoned for commercial or industrial purposes and abuts a residentially zoned parcel, screening shall be erected and maintained along the property lines abutting the residential zones.

      2.   The screening between commercial or industrial zoned districts and adjacent existing or planned residential uses shall consist of a decorative masonry wall sufficient for sound attenuation, and shall have a minimum height of six feet (6') on the commercial side of the wall, except for front yard or street side yard setback area of the existing or planned residential uses, where it will be reduced to forty inches (40") in height.

   (B)   Storage Areas: Where permitted, all outdoor storage of materials, wares, crates, bottles or similar items necessary to, or part of, a permitted land use within an industrial, commercial or special district shall be screened from view on at least three (3) sides by a solid opaque impact resistant wall not less than five feet (5') in height, and on the fourth side by a solid opaque resistant gate not less than five feet (5') in height or, alternatively, such other material or design approved by the planning director.

   (C)   Refuse Storage Areas: Outdoor trash receptacles for multiple-family and nonresidential uses shall be of sufficient size to accommodate the trash generated by the uses on the parcels being served. All outdoor storage of trash, garbage, refuse and other items or material intended for discarding or collection shall be screened from public view on at least three (3) sides by a solid decorative wall not less than five feet (5') in height or, alternatively, such other material or design approved by the planning director. The fourth side shall contain an opaque gate maintained in working order and shall remain closed except when in use. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

Unless otherwise specified in this chapter, chapter 12, "Specific Use Development Standards", or chapter 13, "Performance Standards", of this title, front, side and rear setbacks for structures shall be maintained in accordance with the regulations of the district within which the structure is located. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

Unless otherwise specified within chapter 13, "Performance Standards", of this title, signs shall comply with the provisions of chapter 15, "Sign Regulations", of this title. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Preliminary Report: A preliminary soils report, prepared by a civil engineer registered in the state of California, based upon adequate test borings, shall be required for every subdivision for which a final tract map is required, and may be required by the public works director and city engineer for other development applications. The preliminary soils report requirement may be waived if the public works director and city engineer finds that sufficient knowledge exists as to the quality of the soils located on the development site.

   (B)   Soils Investigation: In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, could lead to structural defects, a soils investigation of each lot, parcel or building site in the subdivision or development may be required. Such soils reports must be performed by a civil engineer, registered in the state of California, who shall recommend a corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where such an identified soils problem exists.

   (C)   Approval Conditions: The subdivision, or other type of development, or any portion thereof, where soil problems exist, may be approved by the public works director and city engineer if it is determined that a recommended action would prevent an occurrence of damage to any structure to be constructed and that the issuance of a building permit be subject to the inclusion of such recommended actions for the construction of each structure involved.

   (D)   Report Maintained: All soils reports prepared specifically for subdivisions shall be kept on file for public inspection by the city, pursuant to the provisions of section 66434.5 of the subdivision map act.

   (E)   Certification: Final soils reports shall certify that all soils meet engineering requirements prior to issuance of any building permit. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Purpose And Intent: These provisions are intended to incorporate, to the extent feasible, passive heating and cooling opportunities into the design or modifications of residential, commercial and industrial developments. They are further intended to ensure that solar energy systems in residential, commercial and industrial areas do not detract from the appearance of the surrounding neighborhood. Furthermore, the purpose of these provisions is to promote and encourage the use of small residential rooftop solar energy systems and include standards for timely and cost effective administrative reviews of building permit applications for these systems consistent with state law.

   (B)   Authority: Authority for approval of building permits shall be vested in the building official or designee.

   (C)   Application: An application for a building permit for a solar energy system shall be filed with the building department in a manner prescribed by the building official.

   (D)   Administrative And Expedited Reviews:

      1.   Administrative Review: All proposed solar energy design systems shall be reviewed and approved administratively by the building official or their designee:

         (a)   Review of the application shall be limited to the building official's review that the system meets health and safety requirements consistent with local, state and federal law.

         (b)   Enforcement of local requirements shall be limited to those that are necessary to ensure the solar energy system will not have an adverse impact on the public health and safety.

         (c)   If findings can be made that the proposed solar energy system could have an adverse impact on public health and safety, the building official may require the application of a site plan review or other discretionary permit review.

      2.   Expedited Review; Small Residential Rooftop Systems: A solar energy system shall be eligible for an expedited review if:

         (a)   The system is a small residential rooftop solar energy system.

         (b)   The small residential rooftop solar energy system is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

         (c)   The solar energy system is installed on only a single- family dwelling or on a duplex family dwelling.

         (d)   The solar panel or module array does not exceed the maximum height limit of the zone district of the subject property.

         (e)   The building permit application for an expedited review is complete in that the application contains all the items listed on the checklist for determining a small residential rooftop solar energy system is eligible for the expedited review.

Small residential rooftop solar energy systems eligible for an expedited review may submit an electronic copy of the building permit application, with an electronic signature, and required application materials via the identified e-mail address indicated on the city's website and on the building permit application.

   (E)   Permit Fees: Permit fees for rooftop solar energy systems shall not exceed five hundred dollars ($500.00), plus fifteen dollars ($15.00) per kilowatt for each kilowatt above fifteen (15) kW for residential rooftop solar energy systems, and one thousand dollars ($1,000.00), plus seven dollars ($7.00) per kilowatt for each kilowatt between fifty one (51) kW and two hundred fifty (250) kW, plus five dollars ($5.00) for each kilowatt above two hundred fifty (250) kW for commercial rooftop solar energy systems, consistent with state law.

   (F)   Inspections:

      1.   Small residential rooftop solar energy systems eligible for expedited review shall only require one inspection, which will be done in a timely manner and may include a consolidated inspection. Consistent with state law, if a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however, the subsequent inspection is no longer subject to expedited requirements.

      2.   Ineligible solar energy systems are subject to current inspection scheduling in place by the building department, per the building official.

   (G)   Design Requirements:

      1.   Active Solar Design: Notwithstanding any provisions included in this title related to screening roof mounted equipment, the following standards shall apply to the design of all solar energy systems:

         (a)   To the extent practical, roof mounted solar collectors shall be placed in the location least visible from a public right of way without significantly reducing the operating efficiency of the collectors. Wall mounted and ground mounted solar collectors shall be screened from public view at street level.

         (b)   When feasible, collectors shall be integrated into the design of a building. Structural support for the collectors shall be screened in a manner that is compatible with the design of the building.

         (c)   Appurtenant equipment, including plumbing and related fixtures, shall be installed in an attic or basement, where feasible.

         (d)   Large accessory fixtures which must be exposed (e.g., storage tanks) shall be screened, where possible, through architectural features that harmonize with other design elements of the structure.

         (e)   Storage tanks shall not be located in any required front or side yards, except as permitted by subsection 6-11-3(A)3 of this chapter, and they shall be screened from view from any public right of way.

         (f)   Exterior collector surfaces shall have a matte finish, and shall be color coordinated to harmonize with roof materials or other dominant colors of the structure.

         (g)   Any pool or spa facilities, other than those intended for a single-family detached residence, shall be provided with a solar cover or solar water heating system.

      2.   Passive Solar Design In Accordance With Section 66473.1 Of Subdivision Map Act:

         (a)   The design of a subdivision for which a tentative map is required pursuant to section 66426 of the subdivision map act, or other development, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities in subdivision design, or within other development include, but are not limited to:

            (1) Design of lot size and configuration to permit orientation of structures in an east-west alignment for southern exposure.

            (2) Design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

         (b)   In providing for future passive or natural heating or cooling opportunities in the design of a subdivision or within other residential, commercial or industrial development for which a subdivision is not involved, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design improvement requirements. However, such provisions shall not result in reducing allowable densities or the applicable planning and zoning regulations in force at the time the tentative map or other development is filed.

         (c)   The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added. (Ord. 809-15, 3-3-2015; amd. Ord. 823-16, 9-20-2016)

   (A)   Purpose And Intent:

      1.   Since January 2000, California cities must divert fifty percent (50%) of all solid waste through source reduction, recycling and composting activities, pursuant to Public Resources Code chapter 18, part 3 of division 30 (California solid waste reuse and recycling access act of 1991). Diverting fifty percent (50%) of all solid waste requires participation by residential, commercial, industrial and public sectors.

      2.   The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling and composting activities. This section has been developed to meet that need.

   (B)   General Requirements:

      1.   New Development Project Requirements: Any new development project for which an application for a building permit is submitted shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.

      2.   Areas Of Improvement Requirements: Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible and convenient areas for collecting and loading recyclable materials.

      3.   Existing Projects For Single Alteration: Any existing development project for which an application for a building permit is submitted for a single alteration which is subsequently performed that adds thirty percent (30%) or more to the existing floor area of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.

      4.   Existing Projects For Multiple Alterations: Any existing development project for which an application for a building permit is submitted for multiple alterations which are conducted within a twelve (12) month period which collectively add thirty percent (30%) or more to the existing floor areas of the development project shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.

      5.   Multiple Applications For Multiple Projects: Any existing development project for which multiple applications for building permits are submitted for multiple alterations that are subsequently performed, and which collectively add thirty percent (30%) or more to the existing floor area of the development project, shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.

      6.   Single Alteration By Tenant: Any existing development project occupied by multiple tenants, of whom one submits an application for a building permit for a single alteration which is subsequently performed that adds thirty percent (30%) or more to the existing floor area of that portion of the development project, which said tenant leases, shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.

      7.   Multiple Alterations By Tenant: Any existing development project occupied by multiple tenants, one of whom submits an application for a building permit for multiple alterations that are conducted within a twelve (12) month period which collectively adds thirty percent (30%) or more to the existing floor area of that portion of the development project which said tenant leases, shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.

      8.   Multiple Alterations By Multiple Tenants: Any existing development project occupied by multiple tenants, one of whom submits multiple applications for building permits for multiple alterations which are subsequently performed, that portion of the development project which said tenant leases, shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.

      9.   Responsibility For Costs: Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.

   (C)   Guidelines For All Development Projects:

      1.   Compatibility: Recycling areas should be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with such standards.

      2.   Security: The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

      3.   Conflicts: The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

      4.   Protection From Environmental Conditions: Recycling areas or bins and/or containers placed therein, must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

      5.   Driveways, Access Areas: Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for garbage collection access and clearance. In the absence of such building code requirements, driveways and/or travel aisles should provide unobstructed access for collection vehicles and personnel.

      6.   Signage: A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

      7.   Protection From Adverse Impacts: Developments and transportation corridors adjacent to recycling areas shall be adequately protected for any adverse impacts, such as noise, odor, vectors or glare through measures including, but not limited to, maintaining adequate separation, fencing and landscaping.

   (D)   Additional Guidelines For Single Tenant Development Projects:

      1.   Area: Areas for recycling shall be adequate in capacity, number and distribution to serve the development project.

      2.   Dimensions: Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project.

      3.   Number: An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling areas.

   (E)   Additional Guidelines For Multiple Tenant Development Projects:

      1.   Area: Recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project by the tenants who submitted an application or applications resulting in the need to provide recycling areas.

      2.   Dimensions: Dimensions or recycling areas shall accommodate receptacles sufficient to meet the recycling needs of that portion of the development project by the tenants who submitted an application or applications resulting in the need to provide recycling areas.

      3.   Number: An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the portion of the development project by the tenants who submitted an application or applications resulting in the need to provide recycling area should be located within the recycling area.

   (F)   Location:

      1.   Prohibited Areas: Recycling areas shall not be located in any area required to be constructed or maintained as unencumbered, according to any applicable federal, state or local laws relating to fire, access, building, transportation, circulation or safety.

      2.   Convenience: Any and all recycling areas shall be located so they are at least as convenient to those persons who deposit, collect and load the recyclable materials placed therein as the location where the solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

The following outdoor storage regulations shall apply in addition to any other standards and requirements of the various districts established by this title:

   (A)   Prohibited Activities; Exception: No sales, rentals, long term storage, repair work, dismantling or servicing of any motor vehicle, trailer, airplane, boat, loose rubbish, garbage, junk or building materials shall be permitted in any front or street side yard of any property, except where such property is an automobile dealership or an automobile rental lot, in which case long term storage for purpose of sale or rental shall be permitted. Repair or servicing of any motor vehicle may occur; provided, that the work continues for a period not to exceed seventy two (72) hours. "Long term storage" shall mean storage for a period of seventy two (72) or more consecutive hours.

   (B)   Residential Districts: In any residential district, no portion of any vacant or undeveloped parcel, or a parcel where no main building exists, shall be used for storage of the items listed above.

   (C)   Building Materials: Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Street Lighting:

      1.   Required; Placement: The provision of streetlights shall be required for all tentative tract maps and other residential, commercial or industrial developments. Streetlights shall be placed in accordance with improvement standards approved by city council.

      2.   Construction; Liability For Charges:

         (a)   At a minimum, a developer of a residential, commercial or industrial development shall construct or enter into an agreement to construct, prior to acceptance and approval of a final map or equivalent approval if a subdivision is not involved, a street lighting system of a utility owned ornamental system consisting of standard ornamental electroliers customarily furnished by the utility or other design approved by the utility and the public works director; or

         (b)   The developer of a residential, commercial or industrial development shall be liable for and shall pay charges of such utility attributable to such installation.

      3.   Underground Installation; Plans And Specifications: Installation of street lighting shall be underground and shall be in accordance with plans and specifications of or as approved by the serving utility and the public works director and city engineer.

   (B)   Front Yard Tree Planting:

      1.   Number; Standards: All land divisions governed by this section, or by title X of this code, shall be required to plant a minimum of one tree per parcel frontage prior to final building inspection based on the following standards:

         (a)   Trees shall be chosen from the approved city street tree list for trees, shrubs and ground covers. Each choice should reflect consideration of the geographic zone involved.

         (b)   Trees shall be located a minimum of ten feet (10') from driveways and from any public sidewalk.

         (c)   For corner lots, street trees shall be required on both street frontages, provided such planting does not interfere with sight distances and setbacks.

         (d)   Exceptions to street tree planting may be permitted by the public works director in cul-de-sacs and on those lots where proper spacing is not possible. Requests for exception shall be made, in writing, to the planning director.

      2.   Location On Site Plan: The proposed location of all street trees shall be indicated on the site plans submitted to the public works director for comment and final approval.

      3.   Root Barriers: All trees planted in the public right of way or closer than fifteen feet (15') to a public sidewalk, curb and gutter, and street shall require installation of a root barrier as approved by the public works director. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Intent: It is the intent of this section, along with other provisions of this title, to implement the transportation control measures called for in both the latest adopted San Joaquin air quality management plan and the latest adopted federal attainment plan for carbon monoxide and greenhouse gases as defined by the environmental protection agency and the state of California.

   (B)   On Site Pedestrian Walkways And Bicycle Pathways: All new nonresidential and multi-family developments of ten (10) or more units shall provide on site walkways and bicycle pathways connecting each building to adjacent public streets where feasible.

   (C)   Passenger Loading Facilities: All new nonresidential and multiple-family developments of ten (10) or more units with at least one hundred (100) parking spaces shall provide a minimum of one passenger loading area equivalent to five (5) parking spaces in close proximity to the building entrances and located to avoid interference with on site vehicle circulation.

   (D)   Vanpool Parking Facilities: All new nonresidential developments with a minimum of one hundred (100) spaces shall provide preferential vanpool parking facilities for a minimum of one space, which has a minimum vertical clearance of nine feet (9'), for each one hundred (100) parking spaces.

   (E)   Transit Improvements: All new nonresidential and multiple-family developments, along existing or planned transit routes, shall provide transit improvements, such as bus pullouts, bus pads and bus shelters, if determined necessary in consultation with Taft area transit, or other locally operated transit systems.

   (F)   Reduced Parking Requirements: Provisions shall be made by the planning commission for reduction of on site parking space requirements for all new nonresidential developments on a case by case basis when such developments are linked to other actions which reduce vehicle trips.

   (G)   Countrywide Bicycle Plan: The city shall consider participation in implementation of the countrywide bicycle plan upon its adoption. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Requirement For Underground Installation Of Utility Lines:

      1.   All permits dealing with utility lines shall be consistent with all applicable state laws and regulations.

      2.   Except as provided in this title, the following utility lines, existing and proposed, shall be installed underground in conjunction with new development projects. Said undergrounding of utility lines shall include, but not be limited to, all new electrical distribution lines, existing electrical distribution lines of thirty four thousand five hundred (34,500) volts or less, telephone, streetlight service lines, cable television and similar service wires or cable which:

         (a)   Provides new service to the property being developed;

         (b)   Are existing and located within the boundaries of the property being developed;

         (c)   Are existing between property line and the centerline of the peripheral streets of the property being developed; or

         (d)   Are along the project perimeter boundary.

   (B)   Responsibility For Compliance: Arrangements, including payment for all costs for undergrounding utility lines, shall be made by the developer or owner of the property to be developed with the serving utility company. Undergrounding of utility lines and structures may be done by the developer, or owner, with permission from the serving utility.

   (C)   Timing Of Compliance: Undergrounding shall be completed:

      1.   Prior to the inspection approval of related street improvements; or

      2.   Prior to building occupancy, if no related street improvements are required.

   (D)   General Exceptions: The following exceptions shall apply:

      1.   Temporary overhead utility lines, including necessary service poles, wires and cables, may be permitted and installed to the satisfaction of the building official for the period during which authorized construction is continuing for which valid building permits have been issued. All temporary overhead utility lines shall be removed prior to the issuance of the certificate of occupancy.

      2.   Appurtenances and associated equipment, including, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground and installed to the satisfaction of the public works director and city engineer.

      3.   In established residential areas where overhead utility lines presently exist along or near lot lines and where an infill single-family dwelling unit is being developed on a single lot, or where an infill two-family or duplex dwelling unit is being developed on a single lot, overhead utility lines may be permitted and installed to the satisfaction of the public works director and city engineer.

   (E)   Exceptions Approved By Public Works Director And City Engineer: The following further exceptions may apply, subject in each case to the specific written approval of the public works director and city engineer, and then only on the basis of a formal request detailing the reasons therefor:

      1.   On developments consisting of three (3) lots or less that do not in total exceed one hundred fifty feet (150') of frontage for residential, commercial, office professional, business park, public/institutional or industrial development, the planning commission, on recommendation of the public works director and city engineer, may waive construction of underground utility lines along the peripheral streets or property lines; however, all on site utility service lines shall be installed underground. In such a situation, the developer or property owner shall deposit the cost, as determined by the public works director and/or city engineer, for undergrounding utility lines along the peripheral streets or property lines with the city for future undergrounding work to be done by the city.

      2.   A new single-family residence constructed in rural undeveloped areas where there are no existing utility lines within a one-fourth (1/4) mile radius. However, in such a situation, the developer or property owner shall deposit the cost as determined by the public works director and city engineer for undergrounding utility lines along the peripheral streets or property lines with the city for future undergrounding work to be done by the city.

   (F)   Nonconforming Structures: Buildings and structures which, on the effective date hereof or any subsequent amendments thereto, are nonconforming in regard to aboveground on site utility lines and structures, may continue to be used, altered or enlarged in the same manner, as if such nonconforming utility lines did not exist.

   (G)   Appeals: An appeal, along with the appropriate fee, may be submitted to the city council for the consideration of waiving all or portions of the requirements of this section due to topographic conditions, soil or other factors that render undergrounding unreasonable or impractical. All appeals shall be in writing, and shall state the reason why undergrounding is unreasonable or impractical. Appeals shall include a preliminary estimate of cost, in writing, from the serving utility company. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)

   (A)   Purpose:

      1.   Abandoned or vacant buildings are a major cause and source of blight in both residential and nonresidential neighborhoods, especially when the owner of the property fails to actively maintain and manage it. Boarded buildings, substandard or unkempt properties and long term vacancies discourage economic development, lower property values or degrade their appreciation, and constitute a public nuisance.

      2.   Vacant properties are often overgrown with weeds and other vegetation, used as a dumping ground for debris, toxic or other hazardous substances, and illegal personal storage of potentially combustible materials. Blighted vacant properties also attract vagrants, squatters and other criminal elements as prime locations to conduct illegal activities.

      3.   When the owner of a vacant or abandoned building allows the building to deteriorate to such an extent that the building must be demolished, persons and neighboring properties could be endangered. In these circumstances, the owner of the building can often evade notice and hearing procedures that would otherwise be required, and the neighborhood and the city as a whole lose an important and sometimes historical significant resource.

   (B)   Definitions:

      1.   A building shall be defined as vacant or abandoned if it:

         (a)   Is unoccupied or unsecured; or

         (b)   Is unoccupied and secured by boarding or other similar means; or

         (c)   Is unoccupied and unsafe, as defined in section 3-4.2-11 of this code; or

         (d)   Is unoccupied and has multiple code violations; or

         (e)   Has been unoccupied for over thirty (30) days; or

         (f)   Has an expired business license for over thirty (30) days.

      2.   A building shall not be considered vacant or abandoned if:

         (a)   There is a valid building permit for repair, rehabilitation or construction of a building on the parcel and the owner completes the repair, rehabilitation or construction within one year from the date the initial permit was issued; or

         (b)   The building complies with all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease or rent.

         (c)   The property owner suffers an unforeseen and undue hardship that limits their ability to comply with subsections (B)2(a) and (B)2(b) of this section, as determined by the director.

   (C)   Vacant Building Registration: The owner of a building defined as vacant or abandoned shall register that building with the planning and community development department within thirty (30) days after it has become vacant or abandoned on a form provided by the department. The form shall describe the methods by which the owner has secured the property against unauthorized entry, declare any future plans for the property, state whether or not there is fire and liability insurance coverage, and provide such other information as the department may require. A registration fee shall be paid at the time of registration and annually thereafter.

   (D)   Notice To Owner: Whenever the director has probable cause to believe, based upon an inspection, complaint or report from another agency of the city or other governmental agency, that a building is vacant or abandoned and it has not been registered as required by this section, the director shall serve the owner of record, as shown on the assessor's records, or authorized agent, with a written notice requiring the owner to register the building with the department as vacant or abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than thirty (30) days.

   (E)   Posting: The owner of record of the vacant or abandoned building is required to post a sign at the front of the building, in a conspicuous location protected from the weather, which provides the current name, address and phone number of the owner of record and authorized agent, if different from the owner. If a notice of default or foreclosure has been recorded for the property, the lender's name, address and telephone number must also be provided. The sign shall be no smaller than eight inches by eleven inches (8"x11").

   (F)   Vacant Building Maintenance And Security Requirements: The following maintenance and security requirements shall apply to a vacant or abandoned building. The director has the discretion to modify these requirements in the case of a partially vacant building, and to modify or waive some or all of these requirements in the case of a building that has been damaged by fire, a natural disaster or other calamity.

      1.   The property owner shall actively maintain and monitor the exterior of the building and the grounds so that they remain in compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight. Active exterior maintenance and monitoring shall include, but not limited to:

         (a)   Maintenance of landscaping and plant materials in good condition;

         (b)   Regular removal of all exterior trash, debris and graffiti;

         (c)   Maintenance of the exterior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks;

         (d)   Removal of business identification signs; repair, patch and paint sign area; and replace existing cabinet sign faces with a black face so electrical and lighting is not exposed;

         (e)   Prevention of criminal activity on the premises and trespass by unauthorized persons;

         (f)   Turning off all utilities that are not necessary for the upkeep and maintenance of the building.

      2.   The property owner shall preserve the interior of the building from damage by the elements or plumbing leaks, and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects or other pests. Active interior maintenance shall include, but not be limited to:

         (a)   Removal of interior furnishings, racks, displays, trash, debris, vehicles, business identification signs and other potentially combustible materials to reduce the risk of a potential fire and provide clear paths of travel for emergency personnel;

         (b)   Maintenance of the interior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including, but not limited to, paint, wall and floor finishes, lighting fixtures and switches, plumbing fixtures, heating and air conditioning systems, and doorways and openings;

         (c)   Prevention of criminal activity and trespass within the interior of the vacant or abandoned building by unauthorized persons;

         (d)   The personal use of or leasing to other individuals for use of a vacant or abandoned building for storage of personal items, commercial goods, personal or commercial vehicles and other similar items, as determined by the director, is prohibited.

      3.   The building shall be secured against unauthorized entry. The methods of security shall be as approved by the director, who shall take into consideration whether the property has been cited for nuisance activities or criminal conduct by another department of the city or other government agency.

   (G)   Insurance: The owner of record of a vacant building shall maintain a minimum fire and liability insurance coverage. The insurance policy shall be required to provide notice to the department in the event of cancellation of insurance or a reduction in coverage.

   (H)   Violation And Enforcement: A property in violation of the provisions of this section is deemed to be a public nuisance and subject to enforcement by the department and other departments, as necessary. The property owner may be subject to violation fees in addition to the vacant building registration fee. (Ord. 805-14, 7-1-2014; amd. Ord. 823-16, 9-20-2016)