Tulare City Zoning Code

   This chapter requires certain development and operational standards for specific land uses within the city to preserve, protect, and promote public health and safety and to promote orderly growth and aesthetically pleasing urban development.

(Ord. 2025-01, passed 1-7-2025)

   Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.

(Ord. 2025-01, passed 1-7-2025)

   This section provides standards for accessory dwelling units (ADUs) located on the same site as an existing residence located in either the R-1, R-M, or R-H zone districts. All accessory dwelling units as defined in Cal. Gov’t Code § 65852.2 shall meet the following standards:

   (A)   Number of accessory dwelling units per parcel.

      (1)   For parcels zoned for and including a proposed or existing single-family home, one accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in § 10.60.040.

      (2)   For parcels zoned to allow and including an existing multi-family structure(s), two new construction and at least one conversion accessory dwelling unit shall be allowed on each parcel. Up to 25% of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the 25% limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.

      (3)   For the purposes of this section, multi-family structures are those that contain more than one dwelling unit, including, but not limited to, duplexes, triplexes, apartment buildings, and condominium buildings.

   (B)   No off-street parking shall be required for any accessory dwelling unit. Any parking spaces, covered or uncovered, removed to create an accessory dwelling unit shall not be required to be replaced.

   (C)   The floor area for all accessory dwelling units shall not exceed 1,200 square feet. If the accessory dwelling unit is attached, the floor area shall not exceed 800 square feet or 50% of the existing living area of the principal dwelling unit, whichever is more.

   (D)   The side and rear setback for an accessory dwelling unit shall be a minimum of four feet regardless of zone. No lot coverage, floor area ratio, open space, minimum lot size requirement, or another development standard shall preclude the construction of an accessory dwelling unit up to 800 square feet.

   (E)   An accessory dwelling unit may not be constructed unless a main dwelling exists on the site or will be constructed in conjunction with the accessory dwelling unit.

   (F)   Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.

   (G)   Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official.

   (H)   The accessory dwelling unit shall meet the requirements of the California Building Standards Code, including the alternative means and methods section as prescribed therein.

   (I)   Except as specifically set forth in this section, an accessory dwelling unit regulated pursuant to this chapter shall meet all the requirements of the zone district in which the accessory dwelling unit is located, including, without limitation, requirements regarding fences, walls, and hedges; site area, frontage width, and depth of sites; coverage; building setback requirements; height of structures; and distances between structures.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use, where single-family structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

   (B)   For the purposes of this section, "junior accessory dwelling unit" shall have the same meaning as defined in Cal. Gov’t Code § 65852.22.

   (C)   Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in addition to a single-family dwelling.

   (D)   If the junior accessory dwelling unit includes a garage conversion, the required parking spaces for the primary unit must be replaced on-site.

   (E)   Junior accessory dwelling units may be no larger than 500 square feet in size.

   (F)   Junior accessory dwelling units shall contain, at a minimum, the following features:

      (1)   An exterior entrance separate from that of the primary home.

      (2)   A cooking facility with appliances.

      (3)   A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

   (G)   Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.

   (H)   Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The Planning Commission shall consider all uses and businesses proposing to sell alcoholic beverages to the public, or in the case of a private club, its members, in accordance with Chapter 10.80, Conditional Use Permits.

   (B)   The Planning Commission shall consider whether the proposed use or business will detrimentally affect nearby properties or sensitive land uses, including, but not limited to, residential neighborhoods, schools, churches, hospitals, public playgrounds, or other similar uses.

   (C)   The sale of alcoholic beverages for temporary periods shall not be subject to a conditional use permit but shall be subject to review and approval by the Director and City Police Chief in accordance with Chapter 10.76, Temporary Use Permits.

   (D)   The provisions of this section do not apply to wholesale businesses providing services to retailers only.

(Ord. 2025-01, passed 1-7-2025)

   Animals shall be regulated in accordance with Title 6 of the Tulare Municipal Code in all zones.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Bed and breakfast inns shall be limited to a maximum of six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than 14 consecutive nights.

   (B)   Food service at bed and breakfast inns shall be allowed for registered guests only unless the use also qualifies as a restaurant.

   (C)   The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Cottage foods operations operating in accordance with AB 1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 10.78 prior to commencement of the use.

   (B)   Notwithstanding the provisions of Chapter 10.78, a cottage food operation is allowed to employ one full-time equivalent employee on site.

   (C)   Notwithstanding the provisions of Chapter 10.78, a cottage food operation may sell food produced on-site directly to consumers at the site.

   (D)   A cottage food operation shall be conducted in the residence's existing kitchen.

   (E)   An approved home occupation permit shall not be effective until the appropriate permit is obtained from the County Health Department and shall automatically expire and be null and void if the county permit or approval expires, is disapproved, or is revoked.

(Ord. 2025-01, passed 1-7-2025)

   (A)   All uses with a drive-thru pick-up window shall meet the following standards unless otherwise modified by a conditional use permit issued in accordance with Chapter 10.80:

      (1)   Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.

      (2)   Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.

      (3)   Drive-thru lanes shall be located a minimum of 100 feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.

      (4)   Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into public streets.

      (5)   Drive-thru lanes shall be shielded in a manner approved by the city to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.

      (6)   The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.

      (7)   Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independently of parking lot aisles.

      (8)   Drive-thru lanes shall not extend onto the adjoining property unless the owner of the drive-thru site property obtains a written easement or another irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use, including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to the commencement of construction of improvements upon the drive-thru site property.

      (9)   A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane, with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the Director.

      (10)   A use with drive-thru lanes on each side of the use (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of 20 feet in length.

      (11)   Speaker noise levels measured at the property line shall not exceed applicable city noise standards.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Emergency shelters shall be limited to the number of beds or clients served by the size of the building and the building code occupancy standards.

   (B)   Off-street parking shall be based upon demonstrated need and shall be consistent with any pertinent parking requirements of the zone district where the emergency shelter is located.

   (C)   Each emergency shelter shall have an interior on-site waiting and client intake area sufficient in size as determined by the Director to admit individuals to the shelter.

   (D)   Each emergency shelter shall have an on-site manager 24 hours a day.

   (E)   No emergency shelter may be located closer than 300 feet from another similar shelter.

   (F)   Lighting of the property on which the facility is located should be designed to provide a minimum maintained horizontal illumination of at least one foot-candle of light on the parking surfaces and walkways.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The sale of personal possessions in outdoor areas or from the garage of a dwelling, commonly referred to as garage or yard sales, within an R-1, R-M, or R-H zone district shall be limited and conducted in accordance with Title 5 of the Tulare Municipal Code.

   (B)   Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.

   (C)   The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including the removal of all signs.

(Ord. 2025-01, passed 1-7-2025)

   The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:

   (A)   Manufactured homes with wheels (i.e., mobile homes) are considered mobile homes and are therefore only permitted in mobile home parks.

   (B)   All manufactured homes shall meet the following site or architectural standards:

      (1)   All manufactured homes are subject to the development standards of the zone district in which they are located.

      (2)   A manufactured home shall not be less than 20 feet wide.

      (3)   The parking requirements of Chapter 10.54 shall apply.

      (4)   All manufactured housing units and garages shall have a pitched roof with a roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

      (5)   All manufactured housing units, garages, and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate, or built-up asphaltic-gravel materials.

      (6)   All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level or the top of the foundation when a solid concrete or masonry perimeter foundation is provided.

      (7)   All manufactured housing units, garages, and carports shall be placed on a permanent foundation that meets the applicable building code requirements and/or the provisions of Cal. Health and Safety Code § 18551 such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

      (8)   The manufactured home electrical, gas, water, and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters, and regulators shall not be located beneath the manufactured homes.

      (9)   The Director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

(Ord. 2025-01, passed 1-7-2025)

   (A)   No mobile home shall be parked, occupied, or used for any purposes, including, without limitation, living or sleeping purposes, unless the mobile home is located within a licensed mobile home park, except that a mobile home may be used for the following temporary purposes outside of a mobile home park: as an office for a construction project, circus, or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 10.76.

   (B)   A mobile home park requires the approval of a conditional use permit in accordance with the procedures of Chapter 10.80.

   (C)   The site area standards for a mobile home park shall be as follows:

      (1)   The minimum area of a mobile home park shall be five acres. If the area of the mobile home park is greater than five acres, the first phase of mobile home park development shall not be less than five acres and shall include all required recreational and service amenities.

      (2)   The residential unit density shall be consistent with the land use designation of the Tulare General Plan.

      (3)   Each mobile home or manufactured home site shall be not less than 3,000 square feet in area, including pad, parking, private access, landscaping, and private storage area.

   (D)   The following clearance and setback area requirements shall apply to mobile home parks. No mobile home shall be located in any required building setback area.

      (1)   The front building setback area shall be a minimum of 15 feet.

      (2)   The side and rear building setback areas shall be a minimum of ten feet, or 15 feet when adjacent to public right-of-way.

   (E)   The following requirements shall apply to mobile home sites:

      (1)   No mobile home or manufactured home site shall be less than 30 feet in width.

      (2)   The front building setback area shall be a minimum of ten feet.

      (3)   The side building setback area shall be a minimum of five feet. Patio covers and carport, if open on three sides, may be located within three feet of a side yard property line.

      (4)   The rear building setback areas shall be a minimum of ten feet.

      (5)   Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted as a part of the required patio area.

      (6)   Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base, which, in combination, are adequate to support the mobile home on a level plane.

   (F)   The following requirements for parking shall apply to mobile home parks.

      (1)   Each mobile home site shall provide parking for two automobiles. Each parking stall shall not be less than ten feet wide and 20 feet in length. All parking stalls shall be paved consistent with Tulare's Standards and Specifications Manual; tandem parking may be allowed as a condition of the use permit.

      (2)   Not less than one guest stall shall be provided for each five mobile home sites.

      (3)   Parking shall be provided for park offices at a ratio of one parking space for each 400 square feet of gross floor space.

      (4)   Supplemental parking for boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one parking space for each ten mobile home sites and shall be used only by the mobile home park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.

      (5)   All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 10.54.

   (G)   The following requirements for on-site streets shall apply to mobile home parks.

      (1)   Entrance streets shall be located to assure safe access to and from the public street system.

      (2)   Approved street names shall be provided and maintained by the developer.

      (3)   Minor streets within the mobile home park shall be a minimum of 32 feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with city standards.

      (4)   Drainage along the street shall be constructed to provide adequate drainage.

      (5)   Parallel parking shall be permitted on both sides of collector streets and only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.

      (6)   If streets within the mobile home park are to be dedicated to the city, street standards shall be consistent with Tulare's Standards and Specifications Manual.

   (H)   Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the City Engineer and in accordance with city standards.

   (I)   All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. Usage of an individual television antenna will be permitted but must be located at the rear of the individual mobile home space and shall project no more than two feet above the roof of the mobile home.

   (J)   Accessory structures, such as storage buildings and greenhouses, shall not be located within three feet of a side or rear yard property line or six feet from a mobile home.

   (K)   Landscaping shall be provided in accordance with Chapter 10.52.

   (L)   The following requirements for recreation areas and pedestrian ways shall apply to mobile home parks.

      (1)   Common recreation areas in an aggregate total equal to 10% of the gross area of the mobile home park shall be provided at a location or locations that are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

      (2)   Recreation areas shall be landscaped and maintained, with all landscaped areas irrigated by an automatic underground sprinkler system.

      (3)   Pedestrian walkways shall be provided throughout the mobile home park, connecting all mobile home or manufactured home sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.

      (4)   Common recreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.

   (M)   Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:

      (1)   A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street.

      (2)   A seven foot masonry wall shall be provided along all public streets. This wall shall be consistent with the setback distances in division (C) above. Where the park adjoins land that is designated for residential, commercial, or industrial uses, a wall shall be constructed on the property line.

   (N)   Each mobile home park shall provide the following additional facilities:

      (1)   A laundry building for clothes washing and drying.

      (2)   Trash enclosures at locations along the interior street system and integrated with the guest parking areas, which are convenient for all residents and for access by municipal refuse trucks.

   (O)   At the time of the placement on the site, all mobile homes and manufactured homes shall be fitted with appropriate skirts from the floor level of the mobile home to the ground to obscure stands, pads, and undercarriage equipment.

   (P)   Mobile homes and manufactured homes may be displayed and sold within a mobile home park similar to the sale of model homes within a residential subdivision, provided such mobile homes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobile home sites and connected to all utility services. No more than four mobile homes shall be offered for sale at any one time, and advertising for such sales shall be limited to one non-illuminated sign not exceeding four square feet in area on the site of each mobile home or manufactured home offered for sale.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A modular structure shall mean any designed, manufactured, remanufactured, altered, used, or converted-for-use transportable building or major component of a building designed for use by itself or for on-site incorporation with similar units into a structure for residential, commercial, professional, or industrial use. A modular structure includes all residential units except as defined in Cal. Health and Safety Code §§ 18008 and 18008.5.

   (B)   A permanent modular structure shall have the same meaning as a modular structure but will exist on a parcel of land for two years or more.

   (C)   A temporary modular structure shall have the same meaning as a modular structure but will exist on a parcel of land for less than two years. The Planning Commission may set a time limit of less than two years where it deems appropriate.

   (D)   A permanent modular structure may be approved by the Planning Commission in accordance with Chapter 10.80, Conditional Use Permits, subject to the following provisions:

      (1)   A conditional use permit shall be filed and approved for each modular structure on a site.

      (2)   Each permanent modular structure shall be placed on a permanent foundation.

      (3)   All permanent modular structures shall be of an architectural style consistent with surrounding structures.

      (4)   Permanent parking spaces shall be provided as required by Chapter 10.54, Parking and Loading.

      (5)   Landscaping shall be provided as required by Chapter 10.52, Landscape Standards.

      (6)   Permanent modular structures shall comply with all applicable federal, state, and local laws.

   (E)   A temporary modular structure may be approved by the Planning Commission in accordance with Chapter 10.80, Conditional Use Permits, subject to the following development standards and regulations:

      (1)   All temporary modular structures shall be screened or located to minimize visibility from street frontages.

      (2)   All temporary modular structures shall provide skirting around the structure as required by the Planning Commission.

      (3)   A temporary modular structure shall be removed within 30 days of the expiration of the time period approved by the Planning Commission.

      (4)   A bond in the amount set by the Planning Commission shall be posted and filed with the Planning and Building Department prior to installation of any temporary modular structure. The bond shall be executed by the City of Tulare if the temporary modular structure is not removed after 30 days have lapsed from the expiration of the time limit as approved by the Planning Commission.

      (5)   Each temporary modular structure shall comply with all applicable federal, state, and local laws.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A conditional use permit shall be obtained in accordance with the procedures outlined in Chapter 10.116.

   (B)   Applicant shall provide a detailed site plan depicting areas to be used for seating, parking, driveways, open space areas, and setbacks.

   (C)   Parking shall be provided at one space per three seats, or if no seats are provided, one space per 40 square feet of area devoted to assembly use. All parking areas shall be improved to include gravel, rock, dust binder, or other surfacing material which will mitigate dust. All parking areas shall be maintained to control dust.

   (D)   All outdoor music shall not exceed 65dbA at any property line conterminous with any R-1 zone district.

   (E)   All public works improvements shall be provided as required by the Public Works Director.

   (F)   No loudspeaker may be used for an outdoor assembly that produces sounds that will cause a significant noise impact. An applicant who proposes the use of a loudspeaker shall submit a plan to the Planning Commission demonstrating that the use of a loudspeaker will not cause significant noise impacts.

   (G)   In any residential zone, the property must contain a single-family house that is owner-occupied by the applicant/holder of the use permit.

   (H)   Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. The Planning Commission may impose additional requirements by restricting the use to certain days of the week.

   (I)   The Planning Commission may require a time limit (sunset clause) on any use permit.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in public areas.

   (B)   The following definitions shall apply to this section:

   DINING ESTABLISHMENT. A structure whose principal use is the serving of food to the general public.

   DRINKING ESTABLISHMENT. A structure whose primary use is the serving of alcoholic beverages to the general public, and the serving of food is an accessory use.

   OUTDOOR DINING AREA. The use of portions of public sidewalks, public rights-of-way, and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass-through window and sidewalk counter service are also allowed when an outdoor dining area is provided pursuant to this section.

   (C)   Where permissible, all outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section, on-site open space areas may also be used as an outdoor dining area.

      (1)   Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of the facility.

      (2)   Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that 48 inches of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach on this 48 inches of clear space.

      (3)   Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to clearly define the edges of the space. These outdoor spaces should be accessed from the building they serve.

   (D)   Required sidewalk width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment, which is clear and unimpeded for pedestrian and wheelchair traffic.

   (E)   Alcoholic beverages. The service of alcoholic beverages and consumption by customers in an outdoor dining area shall be restricted as follows:

      (1)   The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.

      (2)   The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum 30-inch to a maximum 36-inch-tall removable open-style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.

      (3)   The operator shall post a written notice to customers as approved by the city, which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.

      (4)   The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.

   (F)   Health standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including, without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.

   (G)   Hours of operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment or drinking establishment or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.

   (H)   Special closures. Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the City Manager or his or her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the street or sidewalk, or demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area will be prohibited by the city.

   (I)   Permit issuance, findings, and conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the Director following review as set forth by the Site Plan Review Committee. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 10.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the City Council and an accurate drawing showing the configuration of the outdoor dining area, including, without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:

      (1)   The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.

      (2)   An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.

      (3)   Such other conditions as the city may deem necessary, including, without limitation, conditions to ensure public safety, to protect public improvements, and to provide aesthetic improvements.

      (4)   No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.

      (5)   Upon application being made for an outdoor dining permit, the matter shall also be referred to the City Engineer for consideration of the issuance of an encroachment permit. If required by the City Engineer, the issuance of a permit shall be conditioned upon:

         (a)   Execution of an agreement holding the city harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians in a form acceptable to the City Attorney.

         (b)   Applicant's insurance meeting requirements acceptable to the City's Risk Manager. The city shall be listed as additional insured on the endorsement and tied to the permit number to specify the location and circumstances.

         (c)   Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review.

         (d)   Such conditions as are necessary to restore the appearance of the sidewalk to its original condition on termination of use.

   (J)   All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than 60 pounds.

   (K)   Term. The outdoor dining permit shall run with the land and shall continue to be valid upon a change in ownership of the dining establishment, subject to the conditions of approval.

   (L)   Violation/revocation. An outdoor dining permit may be revoked by the City Council following notice to the permittee and a public hearing before the Council. The permit may be revoked if one or more conditions of the permit or of this chapter have been violated if the outdoor dining area is being operated in a manner that constitutes a nuisance, or if the operation of the sidewalk dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area. Following the revocation of an outdoor dining permit, no application for the same site shall be filed within six months from the date of revocation.

   (M)   Appeal procedures. In accordance with the following provisions, any applicant or other interested person dissatisfied with a decision made under this chapter may appeal such decision. The decision of the Site Plan Review Committee may be appealed to the Planning Commission provided such appeal is in writing and filed within ten days of the Committee's decision. The Planning Commission shall hold a public hearing on any such appeal. The receipt of a written appeal shall stay all actions or put in abeyance all permits or other discretionary approvals which may have been granted, pending the effective date of the decision of the body hearing the appeal. Appeals shall be scheduled for the earliest regular meeting of the Planning Commission, not less than 15 days or more than 45 schedules of the Planning Commission. All appeals shall be accompanied by a fee, set by resolution of the City Council, sufficient to cover the cost of handling the request.

   (N)   Enforcement. The Director, Zoning Compliance Inspector, police department, or other person authorized by the City Manager, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.

(Ord. 2025-01, passed 1-7-2025)

   (A)   The purpose of the regulations and standards in this section is to allow, consistent with public health, safety, and welfare, increased business and pedestrian traffic by providing safe and visually appealing opportunities for outside display and sales of merchandise, in conjunction with an existing, enclosed commercial business activity, in public rights-of-way and private sidewalk areas open to the public, in the City of Tulare. Nothing in this title shall prevent the lawful operation of itinerant sidewalk sales.

   (B)   Outside display and sale of merchandise shall mean the use of immediately adjacent sidewalks either public or private, open for public use, and public rights-of-way by an existing, enclosed commercial business establishment for the display and sale of merchandise.

   (C)   Permit required. No outside display and sale of merchandise shall be allowed on sidewalks and public rights-of-way without an outside display and sales permit as set forth in this chapter.

   (D)   Locations permissible. Outside display and sale of merchandise are not permitted where the speed, volume, or proximity of vehicular traffic is not compatible with such activity or any other element of public safety, health, or welfare. All outside display and sale of merchandise areas must be adjacent to and incidental to the operation of an indoor, enclosed commercial business. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of the indoor commercial business building and must be clearly delineated from adjacent business and pedestrian traffic, utilizing sidewalk striping or other non-permanent methods.

   (E)   Required sidewalk width. Outside display and sale of merchandise are permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outside display and sale of merchandise area shall leave not less than four consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic.

   (F)   Hours of operation for outside display and sale of merchandise areas shall coincide with those of the adjacent commercial business activity.

   (G)   Permit process.

      (1)   Applicants for outside display and sale of merchandise permits shall submit a written application to the Director on a city form. The application shall be accompanied by a fee set by the City Council by resolution. The Director, or his or her designee, and the City Engineer, or his or her designee, shall review the application and the site. A permit shall be granted if it is determined that:

         (a)   The proposed display and sale will not significantly interfere with pedestrian traffic or otherwise constitute a health and safety risk.

         (b)   The application complies with all the provisions of this chapter.

      (2)   Where found necessary and appropriate, conditions may be imposed on the permit, provided such conditions are consistent with this chapter. A blanket temporary permit to be applicable to multiple designated businesses for use in conjunction with a recognized and approved community activity event (such as Camp Town Days, farmers' market, etc.,) may be issued to a single applicant who shall be responsible for compliance with the ordinance by all participating businesses.

   (H)   Special limitations. An outside display and sales area permit is an interruptible or terminable privilege. The city shall have the right and power, acting through the Community Development Director or his or her designee, to prohibit the operation of an outside display and sales area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or any factors that impact public health, safety or welfare. Such problems and conflicts may arise from but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior notice of any time period during which the operation of the outside display and sales area will be prohibited by the city.

   (I)   Encroachment permit. At the time the outside display and sale of merchandise permit is issued, the City Engineer may require the issuance of an appropriate encroachment permit.

   (J)   Permit revocation. An outside display and sales permit may be revoked by the Community Development Director, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the outside display and sales area is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, no application for the same site shall be filed for a period of six months.

   (K)   Appeal process. A permittee may appeal a notice of revocation and an applicant or any other interested party may appeal the granting or denial of a permit application. Such an appeal shall be made, in writing, within ten days of the decision and shall be filed with the City Manager.

   (L)   Term. An outside display and sales of merchandise permit shall run with the adjacent commercial business activity, and the land upon which the business is located, subject to the conditions of approval and the requirements of this chapter; provided that a temporary permit shall expire in one year and must be renewed annually.

   (M)   Enforcement. The Director, his or her designee, or any other person authorized by the City Manager, shall be authorized to enforce the provisions of this chapter and to take such action as may be necessary to ensure compliance with the regulations, general provisions, and conditions imposed upon any permit issued pursuant to this chapter.

   (N)   Penalty. Any violation of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm, and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1.12 and 1.61.

   (O)   Severance clause. The provisions of this chapter are declared to be severable and if any section, sentence, clause, or phrase of this chapter shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stay and notwithstanding the validity of any part.

(Ord. 2025-01, passed 1-7-2025)

   In all commercial and industrial zones, outdoor storage of materials or equipment that occupies a volume of more than 60 cubic feet and is visible from any abutting public street or abuts property used for residential purposes meet the following standards. This section does not apply to temporary storage, such as storage during construction.

   (A)   Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction. The use of galvanized chain-link or wood fence material is not allowed, especially adjacent to streets. Chain link with vinyl slats for screening purposes is permitted.

   (B)   Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This section shall not apply to a junk yard, wrecking yard, or salvage facility.

   (C)   No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

(Ord. 2025-01, passed 1-7-2025)

   Small and large collection recycling facilities shall meet the following standards:

   (A)   Recyclable materials shall be stored in a permanent structure on a foundation.

   (B)   An adequate on-site refuse container for disposal of non-hazardous waste and a container for customers to pour remaining liquids into from their CRV materials shall be provided.

   (C)   The collection facilities and surrounding area shall be cleaned and washed, and all litter surrounding the site removed as needed to maintain a safe and healthy environment.

   (D)   The operator shall post a sign advising that it is illegal to take shopping carts or that possession of stolen shopping carts is a misdemeanor.

(Ord. 2025-01, passed 1-7-2025)

   In all zone districts, the off-site sale of new and used automobiles and trucks is prohibited.

(Ord. 2025-01, passed 1-7-2025)

   (A)   A conditional use permit is required for a business engaged in the sale of vehicle fuel or diesel fuel.

   (B)   The following are development standards and location criteria for businesses engaged in the sale of vehicle fuel:

      (1)   Service stations, convenience stores, and mini-markets shall have a minimum lot size of not less than 15,000 square feet, with not less than 125 feet of frontage on a public street (this requirement shall not apply to the redevelopment of a preexisting service station use).

      (2)   Except for truck refueling stations, service stations, convenience stores, and mini-markets shall be permitted only at the intersection of a major arterial or arterial street as shown on the General Plan, except in the case of an integrated commercial shopping center, where the Planning Commission, at its discretion, may allow the development of a service station, provided that the service station can be made a functional part of the center; that it will blend architecturally with the center; and that it will not disrupt either the internal or external traffic flow in and around the center.

      (3)   Utility trailers and rental trucks may be stored (for rental purposes) on a service station site, provided they are screened from view and adequate space is provided in addition to the minimum size requirement. Utility trailers and other rental equipment shall not be permitted in a C-1 district or in shopping centers.

      (4)   All merchandise shall be stored and displayed within the service station building, with the exception of lubricating items and accessories, which may be displayed and maintained in movable cabinets or racks specially designed for the display of such items.

      (5)   All repair works and servicing operations shall be conducted within a completely enclosed building. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. No dismantling of automobiles for the purposes of selling parts shall be allowed.

      (6)   No body or fender work, automobile painting, or tire recapping shall be permitted.

(Ord. 2025-01, passed 1-7-2025)

   (A)   Shipping containers, also known as C-trains, may only be used for storage in the C-4, PL, PR, M-1, and M-2 zones, on city-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.

   (B)   Shipping containers shall be incidental to the primary use of the site and/or shopping center. They are not permitted as an accessory use on a stand-alone parking lot. They are not permitted on vacant property.

   (C)   The maximum number of shipping containers allowed on a site shall be limited to one per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one shipping container is allowed.

   (D)   Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.

   (E)   Shipping containers shall be located, screened, or painted so as to be difficult to view from a public right-of-way, state highway, or residential zone district to the greatest extent feasible as determined by the Director.

   (F)   Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 24 hours.

   (G)   Shipping containers may not be used to store flammable liquids or other hazardous materials, as determined by the Fire Chief.

   (H)   Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.

   (I)   There shall be no utility connections to the shipping container unless specifically allowed through a building permit.

   (J)   Residential and/or commercial use. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.

(Ord. 2025-01, passed 1-7-2025)

   (A)   New below-ground swimming pools shall be constructed at least three feet from any property line.

   (B)   Swimming pools shall be entirely closed by structures, fences, or walls in compliance with Cal. Gov’t Code § 115920 - The Swimming Pool Act.

   (C)   Fences and walls used to enclose a swimming pool shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings greater than three inches when all gates are closed. All gates, five feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four feet above grade.

   (D)   No swimming pool shall be filled with water until the enclosing fence or wall has been constructed and approved by the building inspector. Surrounding structures, existing fences, and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

(Ord. 2025-01, passed 1-7-2025)

   The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

   (A)   Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

   (B)   A minimum walkway of four feet is required in front of all outdoor vending machines.

   (C)   Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

   (D)   Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

   (E)   Vending machines are permitted to cover up to a maximum of ten feet of the length of the primary building frontage, or 20 feet, whichever is less.

   (F)   Vending machine installations shall not have exposed conduits, piping, or overhead utility connections.

   (G)   All outdoor machines shall be maintained in a clean and attractive condition.

   (H)   Any graffiti on an outdoor vending machine shall be removed within 24 hours.

   (I)   If the outdoor machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

(Ord. 2025-01, passed 1-7-2025)

   See Chapter 10.68 for standards for wireless communication facilities and towers.

(Ord. 2025-01, passed 1-7-2025)

   See Chapter 10.62 for standards for adult entertainment establishments.

(Ord. 2025-01, passed 1-7-2025)