1. An accessory use shall be secondary to a primary use or building to which it relates under the same regulations as the main use in any zoning district.

2. Accessory structures shall be designed to be of similar and compatible architecture and materials as the principal structure(s) on the property.

1. Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility;

“Accessory dwelling unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit may be established in any of the following methods:

“Existing structure” for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any existing primary residence or existing accessory structure such as a garage on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official.

“Living area” means the interior habitable area of a dwelling unit but does not include a garage or any accessory structure.

“Passageway” means a pathway that is unobstructed and extends from a street to one entrance of the accessory dwelling unit.

1. General Development Standards.

2. ADUs Within Existing Space in the Primary Dwelling, Attached or Detached Garage or Other Existing Accessory Structure.

3. Construction of New ADUs – Attached and/or Detached.

4. Permit Requirements. ADUs shall be permitted ministerially through the city’s site plan review process within one hundred twenty days of application. The planning director shall issue the site plan review approval if all applicable requirements are met in this subsection (D), Development Standards.

5. Findings.

6. Appeal. The decision of the planning director shall be final unless appealed pursuant to Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).

1. An accessory use shall be secondary to a primary use or building to which it relates under the same regulations as the main use in any zoning district.

2. Accessory structures shall be designed to be of similar and compatible architecture and materials as the principal structure(s) on the property.

3. Accessory buildings and structures shall be detached from a principal structure on the same lot, and shall not be designed for human habitation (no cooking or kitchen facilities).

4. Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five feet in length, or if not more than twenty feet from the main building and connected thereto by a roof of not less than five feet in width.

5. See Section 17.40.070 for community garden accessory structure regulations.

1. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural operation within the A-E, Exclusive Agricultural zone, A-L, Limited Agricultural and/or R-R, Rural Residential zone.

2. Agricultural accessory structures may be built prior to the primary or principal use structure on the same site.

3. Agricultural accessory structures shall not exceed twenty-eight feet in height, and shall meet all setback requirements of the zoning district except where Section 17.40.050, Animal keeping, establishes a greater setback requirement for a large animal keeping structure.

1. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, swimming pools, workshops, detached covered patios and decks, other similar structures and ground mounted photovoltaic panels. Freestanding bathrooms shall not be permitted as a residential accessory structure.

2. Residential accessory structures shall not be designed for nor used for human habitation.

3. Residential accessory structures with individual floor areas greater than one hundred twenty square feet shall be limited to two per residential lot.

4. The floor area of residential accessory structures shall not exceed a cumulative floor area of one thousand square feet, and individual accessory structure floor area shall not exceed twenty-five percent of the principal structure floor area.

5. Residential accessory structure setbacks are as follows:

6. Residential accessory structures shall not exceed twelve feet in height and shall be limited to one story, except in the R-R and R-E zones which allow two stories and twenty-four feet in height (See Table 2-4).

7. A residential accessory structure shall only be constructed or an accessory use initiated concurrent with or after the construction of the principal structure or initiation of the principal use on the same site. (Ord. 706 § 3 (Exh. A), 2019).

1. Adult businesses are permitted, subject to a conditional use permit, only in the heavy industrial land use zone district.

“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult dance studio, adult hotel/motel, adult modeling studio, adult theater; any business establishment or concern which as a regular and substantial course of conduct sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. “Adult-oriented business” does not include those uses or activities, the regulation of which is preempted by state law.

1. Location Requirements.

1. Permit Requirements – Uses With Off-Sale ABC Licenses.

2. Permit Requirements – Uses With On-Sale ABC Licenses.

1. Breeding, raising and keeping of poultry, birds, rabbits, chinchillas, or fish for domestic use of the resident on the lot is permitted; however, there shall be no killing of animals or dressing of such animals for any purpose.

2. Keeping of cattle, sheep, goats, horses or hogs owned by the resident of the lot is permitted; provided, that any combination of such animals is limited to one animal per one-half acre. No killing or dressing of such animals shall be conducted on the lot.

3. Pens, coops, stables and other structures housing livestock or poultry shall be at least:

4. All fencing shall comply with the applicable standards in Section 17.30.030, Fences and walls. Fencing within the front yard setback parallel to the street shall be of an aesthetic variety, type, material and color such as split rail fencing as approved by the planning director. Chain link fencing shall not be permitted in a front yard.

5. All development which involves housing or enclosing large animals shall be reviewed by the planning director for compliance with this section and any other applicable statutes, laws and ordinances.

6. Applicant shall allow inspection of animal maintenance facilities by the city of Wasco building inspector, animal control, and by the Kern County Health Department.

7. Any permit issued pursuant to this section may be revoked or modified pursuant to Section 17.52.100, Permit procedures, upon receipt of a recommendation for revocation or modification from the Kern County Health Department, Wasco animal control officer or from the city of Wasco building inspector. (Ord. 706 § 3 (Exh. A), 2019).

1. All parts, accessories, etc., shall be stored within a fully enclosed structure.

2. Service and associated car storage areas, except for vehicle display areas, shall be completely screened from public view.

3. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.

4. All loading and unloading of vehicles shall occur on-site and not in the adjoining streets or alleys.

5. All vehicles associated with the business shall be parked or stored on site and not in adjoining streets, alleys or on landscaped areas (in contrast to planned, hardscape areas for display of vehicles).

6. An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces.

7. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

8. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures. (Ord. 706 § 3 (Exh. A), 2019).

“Community gardens” are defined as an area of land used to grow and harvest fruits, vegetables, flowers, herbs and ornamental plants by individuals or collectively by members of a group, and may be arranged into multiple plots. This classification does not allow harvesting for commercial sales on or off the premises.

1. Hours of operation shall be limited to the hours between sunrise and sunset.

2. Accessory structures such as storage sheds for tools and other supplies are allowed with a maximum floor area of one hundred twenty square feet and a maximum height of twelve feet.

3. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are required. All hoses shall be equipped with a positive shut-off or trigger nozzle. Mulching of planted areas is encouraged to retain plant moisture.

4. Composting may be performed on-site within a composting container, in compliance with the following:

5. Trash and composting receptacles shall be screened from adjacent residential properties by utilizing landscaping, fencing or placed within storage structures.

6. The property shall have an active utility account for water, trash and green waste removal.

7. Planting illegal or invasive plants shall be prohibited. (Ord. 706 § 3 (Exh. A), 2019).

“Convenience store” is defined as a retail store generally containing less than five thousand square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic.

1. Minimum site area shall be ten thousand square feet.

2. One access drive may be permitted for each street frontage, subject to city engineer approval. Access to state highways is subject to Caltrans approval.

3. No convenience store shall have a point of entrance that is less than one thousand feet from a previously approved convenience store, except in such cases when a physical feature such as State Highway 46, serves as a pedestrian barrier that could potentially expose persons to dangerous situations.

4. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

5. The premises shall be kept in a neat and orderly condition at all times.

6. Each convenience store shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted subdivision ordinance standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

7. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 17.40.250. Additionally, the cashier location shall provide direct visual access to the pump islands, the vehicles parked adjacent to the islands and propane storage area if applicable.

8. A bicycle rack shall be installed in a convenient location visible from the inside of the store.

9. Each convenience store shall provide a public restroom located within the store.

10. On-site video games may not be installed or operated on the premises.

11. A convenience store adjacent to any residentially designated district shall have a six-foot high decorative masonry wall and landscaping along the property lines adjacent to such districts.

12. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with PCC concrete. (Ord. 706 § 3 (Exh. A), 2019).

1. The operator of a large family day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

2. A large family day care home shall be the primary residence of the care provider, and the day care use shall be incidental and accessory to the use of the property as a residence.

3. Day care facilities shall be located no closer than five hundred feet, in any direction, from an existing day care facility, measured from property line to property line except that they may be located no closer than two hundred fifty feet measured from property line to property line from any existing day care facility not fronting on the same street.

4. The capacity specified on the license shall be the maximum number of children for whom care can be provided.

5. An outdoor play area of no less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.

6. All fences or walls shall provide for safety with controlled points of entry.

7. All on-site parking shall be provided pursuant to Chapter 17.36, Off-Street Parking and Loading. Sufficient off-street loading space shall be provided in addition to the required off-street parking to serve the dwelling. The required loading space may be located within the required front yard setback; however, it cannot impede access to the off-street parking required to serve the dwelling.

8. The day care facility shall contain a fire extinguisher and smoke detector devices and meet all standards established by the Kern County Fire Marshal.

9. No day care facility shall be established until an application for a conditional use permit has been submitted to and approved by the planning commission in accordance with the procedure set out in Chapter 17.52. (Ord. 706 § 3 (Exh. A), 2019).

1. Pedestrian walkways should not enter through drive aisles, but where they do, they shall have clear visibility, and they must be identified by special paving or striping.

2. Drive-through aisles shall be a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.

3. Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum queue of six cars.

4. Landscaping shall be used to screen drive-through aisles from the public right-of-way and shall be used to minimize visual impact of readerboard signs and directional signs.

5. Drive-through aisles shall be constructed with Portland cement or other material approved by the city engineer.

6. Parking areas and the drive-through aisle and structure shall be set back from the ultimate frontage curb face a minimum of twenty feet.

7. Menu boards shall be a maximum of thirty-two square feet, with a maximum height of eight feet and shall face away from the street or be screened from street view.

8. No drive-through aisles shall exit directly onto a public right-of-way.

9. Drive-through restaurant loudspeakers shall not be audible above sixty-five dB at the edge of any adjacent property.

10. Credit for off-street parking: Vehicle stacking spaces within the drive-through lane(s) may be granted credit toward required off-street parking at a maximum rate of fifty percent, at the discretion of the approving entity (planning director or planning commission).

11. Drive-through lanes shall be designed to avoid the blocking of parking stalls and pedestrian access.

12. All exterior lighting shall be arranged and shielded to prevent any glare, reflection, and any hazardous interference of any kind on adjoining streets or property. (Ord. 706 § 3 (Exh. A), 2019).

1. State and Local Standards Compliance.

2. Operational Characteristics.

3. Citywide Number of Beds Limited. At no time shall the number of emergency shelter beds permitted within the city limits be greater than the total number of homeless individuals counted in the most recent point in time homeless count for the Wasco area. If at any point the number of existing permitted beds exceeds the most recent point in time homeless count, no new beds will be permitted.

4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

5. Parking. The emergency shelter shall provide on-site parking at a rate of two spaces per facility for staff plus one space per six occupants allowed at the maximum capacity.

6. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the community development department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical and operational standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning and community development department with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan. (Ord. 706 § 3 (Exh. A), 2019).

1. A guest house shall have no kitchen facilities.

2. The guest house may be a maximum of twenty percent of the main structure footprint and must comply with the requirements set forth in Table 2-4 for residential development standards.

3. Guest house buildings or structures shall be detached from the principal residential structure on the same lot and incidental to the principal building.

4. Guest house buildings or structures shall be limited to one story except where developed as a second story over a freestanding garage, subject to conditional use permit approval.

5. Prior to issuance of a building permit for a guest house a covenant of restriction to run with the land shall be recorded which specifies the guest house cannot be sold separately or rented and the primary dwelling unit must be owner-occupied.

6. Separate utility connections for guest houses will not be permitted. (Ord. 706 § 3 (Exh. A), 2019).

1. Permitted Home Occupations. Home occupations may include, but are not limited to the following:

No home occupation permit shall be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, or religious instruction; provided, that no more than six students are present at any one time, and the use complies with all of the operating standards outlined below. In addition, no home occupation permit shall be required for a business using the owner’s or any partner’s home solely as its business address; provided: (a) that there is no signage at the home address; (b) there are no building materials stored at the home address; (c) that no manufacturing takes place at the home address; (d) that in the course of doing business, no employees or customers appear at the home address to transact business.

2. Operating Standards. Home occupations shall comply with all of the following operating standards:

3. Prohibited Home Occupation Uses. The following list presents example uses that are not incidental to nor compatible with residential activities, and are prohibited:

4. Application. The conduct of a home occupation requires the approval of the planning director who may establish conditions to further the intent of this section. An application for a home occupation permit shall be in a form prescribed by the planning director, shall be filed with the department, and shall follow the site plan and design review process pursuant to Chapter 17.52. All permitted home occupations shall fall under one of the five listed categories in subsection (B)(1) of this section, or be a prohibited use pursuant to subsection (B)(3) of this section. No home occupation shall be established until an application for a home occupation permit has been submitted to and approved by the planning director as being consistent with the requirements of this chapter in accordance with the procedures set out in Section 17.52.060.

5. Revocation. A home occupation permit (permit) may be revoked or modified by the planning director if any one of the following findings can be made:

1. The minimum site area shall be twenty thousand square feet.

2. The site shall be entirely paved, except for structures and landscaping (vehicular storage areas may have alternative surfacing subject to city approval).

3. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way.

4. The site shall be completely enclosed within a six-foot high solid decorative masonry wall, except for points of ingress/egress (including emergency fire access) which shall be properly gated. The gates shall be maintained in good working order and shall remain closed except when in use.

5. No business activity shall be conducted other than the rental of the storage spaces for inactive storage use.

6. All storage shall be located within a fully enclosed structure(s).

7. No flammable or otherwise hazardous materials shall be stored on site.

8. Residential quarters for a manager or caretaker may be provided in the development.

9. The development shall provide for two parking spaces for the manager/caretaker, and a minimum of two spaces located adjacent to or in a close proximity to the manager’s quarters for customer parking.

10. Aisle width shall be a minimum of twenty feet between buildings to provide unobstructed and safe circulation.

11. Trash receptacles shall be located on the premises in a quantity and manner approved by the city. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

12. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 a.m. to 9:00 p.m., Monday through Saturday and 9:00 a.m. to 9:00 p.m. on Sundays. (Ord. 723 § 1, 2023; Ord. 706 § 3 (Exh. A), 2019).

1. Mobile or manufactured homes may be used as single-family dwellings if the home is certified under the National Mobile Home Construction and Safety Standards Act of 1974.

2. Mobile or manufactured homes which are used as single-family residences shall be installed on an approved permanent foundation system in compliance with applicable codes in all residential zones.

3. The planning director shall determine that the subject lot together with the proposed mobile or manufactured home is compatible with surrounding development. This determination shall include an assessment of on-site design and development standards and materials, architectural aesthetics, setbacks, building height, accessory buildings, access, off-street parking, and any other criteria determined appropriate by the planning director. If individual codes, covenants and restrictions governing development within a subdivision are applicable, and more restrictive than those imposed by this chapter, the codes, covenants and restrictions shall prevail.

4. The following design standards shall govern the installation and construction of manufactured and mobilehomes:

1. Individual mobilehome space minimum setbacks shall be measured from the edge of internal private streets and space lines.

2. Maximum mobilehome space coverage (mobilehome and its accessory structure) shall be seventy-five percent.

3. Each mobilehome shall be equipped with skirting or provided with a support pad which is recessed to give the appearance of the mobilehome being located on grade.

4. All on-site utilities shall be installed underground in accordance with the city of Wasco improvement standards.

5. The mobilehome park shall be provided with parking as required by Chapter 17.36, Off-Street Parking and Loading.

6. A common recreation area which may contain a recreation building shall be provided in the park for use by all tenants, owners and their invited guests. The area shall be provided in one common location with a minimum aggregate area of four hundred square feet of recreational space per mobilehome space or lot.

7. All exterior boundaries of the mobilehome park shall appear similar to conventional residential developments and shall be screened by a decorative wall, fence or other comparable device six feet in height and include landscaping pursuant to this chapter.

8. Common open space shall be landscaped in accordance with a landscape plan approved by the planning director consistent with Chapter 17.34.

9. All mobilehome park or subdivision developments shall provide open space recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or day care facilities. The types of amenities shall be approved by the planning director and provided according to the following schedule:

Add one amenity for each one hundred additional units or fraction thereof.

10. Landscaped setback easements shall be provided along the periphery of the mobilehome development and shall be fifteen feet in width for all sides adjacent to public right-of-way. The interior edge of this landscape easement (and not the edge adjacent to the public right-of-way) shall be used for setback purposes.

11. Mobilehomes shall have individual space setbacks as follows:

12. Mobilehomes shall be limited in height to one story or fifteen feet, whichever is less.

13. Minimum distance between mobilehomes and mobilehome accessory structures shall be ten feet.

14. All fences and walls shall be no taller than four feet within the required front yard space setback and no taller than seven feet within the required side and rear yard space setbacks. (Ord. 706 § 3 (Exh. A), 2019).

1. Multifamily developments shall provide fifteen percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way, vehicle parking or maneuvering areas, areas adjacent to or between any structures less than fifteen feet apart, setbacks, patio or private yards.

2. Each dwelling shall have a private (walled) patio or balcony not less than fifty square feet in area or ten percent of the dwelling unit (whichever is less), and the patio or balcony shall not be used for storage.

3. All multifamily developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved softball or baseball fields; or day care facilities. The type and number of amenities shall be approved by the planning director and provided in accordance with the following schedule:

4. If laundry hookups are not provided in each dwelling unit, common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided at a rate of at least one washer and one dryer for each five dwelling units.

5. Multifamily Site Planning.

6. Multifamily Architecture. The design of multifamily developments shall comply with the requirements of the underlying zone district and the following:

7. Multifamily Infill in Single-Family Neighborhoods. If multifamily projects are located in existing neighborhoods, they shall be compatible with adjacent structures and fit within the context of the existing neighborhood. Minimum requirements include the following:

1. Density. The underlying residential use district and overlay district shall determine the maximum number of dwelling units allowed in a planned unit development or small lot subdivision. When a parcel or parcels has more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area.

2. Site Coverage. Structures shall not occupy more than forty percent of the gross site area for single-family detached units, and sixty percent for zero lot line and patio homes.

3. Height. Detached single-family structures shall not exceed two and one-half stories, or thirty-five feet. Attached single-family structures shall not exceed two and one-half stories or thirty-five feet. If more than two units are attached, the multifamily development standards shall apply.

4. Setbacks. The minimum setback from the project perimeter shall be determined by setbacks related to the street functional classification or twenty-five feet whichever is less. Setbacks between dwelling units in planned unit developments (cluster developments) shall be determined by the base zoning district.

5. Open Space. All planned residential developments with twelve or more dwelling units shall provide thirty percent usable open space for passive and active recreational uses. Usable open space areas shall not include: rights-of-way; vehicle parking and maneuvering areas; areas adjacent to or between any structures less than fifteen feet apart; setbacks; patios and private yards.

6. Amenities. All planned residential developments shall provide recreational amenities within the site which may include a: swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter/BBQ area; court game facilities such as tennis, basketball or racquetball; improved baseball or softball fields; or day care facilities. The type of amenities shall be approved by the planning director and provided according to the following schedule:

Add one amenity for each one hundred additional units or fraction thereof.

7. Private streets shall not be allowed pursuant to the city of Wasco subdivision ordinance, Title 16.

8. Maintenance and Completion of Open Space, Amenities, Landscaping, and Manufactured Slopes. No lot or dwelling unit in the development shall be sold unless a corporation, homeowner’s association, assessment district or other approved appropriate entity has been legally formed with the right to assess those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, and landscaping. Conditions, covenants and restrictions (CC&Rs) may be developed and recorded for the development subject to the review and approval of the city attorney. The recorded CC&Rs shall not be under the jurisdiction of the city for enforcement. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the city engineer. (Ord. 706 § 3 (Exh. A), 2019).

1. 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.

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

3. 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.

4. This chapter is consistent with the Wasco housing element and its objectives, goals, policies and implementation programs.

1. Application Material.

2. Processing Fee.

1. Planning Director. If no approval is sought other than the request for reasonable accommodation, the request shall be reviewed by the planning director, or designee.

2. Other Review Authority. 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.

1. Planning Director. The planning director shall make a written determination on the request within thirty days and either grant, grant with modifications or deny a request for reasonable accommodation.

2. Other Review Authority. The determination on whether to grant, grant 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. The determination shall then be provided in writing to the applicant.

3. Findings. The written decision to grant, grant with conditions or deny a request for reasonable accommodation shall be based on consideration of the following factors:

4. Conditions of Approval. In granting a request for reasonable accommodation the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings.

1. Centralized storage areas shall be provided for recreation vehicles, boats, etc., at a minimum rate of one space for each six dwelling units if included as part of residential development. Any fractional space requirement shall be construed as requiring one full storage space pursuant to Chapter 17.36, Off-Street Parking and Loading.

2. Individual storage spaces shall measure not less than twelve feet by thirty feet, and shall have direct access to a driveway with a minimum paved width of twenty-five feet.

3. Storage areas shall be paved and drained.

4. Storage areas shall be completely screened from exterior view by the combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height, subject to the approval of the planning director. (Ord. 706 § 3 (Exh. A), 2019).

1. The building elevations and the landscaping between the front property line and the building front shall be maintained in their residential character.

2. Wherever possible, parking shall be provided to the rear or side of the structure.

3. Any trees with a breast height diameter (BHD) of six inches or greater shall be preserved. If it becomes necessary to remove such tree, each tree removed shall be replaced with a thirty-six-inch box tree at a rate of one per one removed.

4. If the rear property line abuts an alley, access to parking shall be provided from the alley whenever possible.

5. Where two or more single-family residences adjacent to one another are converted to office uses, reciprocal access and parking may be required where feasible.

6. Parking spaces shall be provided as determined by Chapter 17.36 and at project review. Landscaping and/or parking requirements may be reduced in accordance with Section 17.52.100 upon the planning director’s approval in order to preserve the character of the design district.

7. Tandem parking shall not be allowed.

8. Loading spaces shall not be required.

9. Signs shall be permitted in accordance with the C-O zone.

10. The structure shall be made to conform to the provisions of the Uniform Fire Code and the Uniform Building Code and appropriate occupancy requirements for commercial structures.

11. Trash receptacles shall be placed to the rear of structures and be screened from view. Location and size of receptacles will be determined at project review. (Ord. 706 § 3 (Exh. A), 2019).

1. Houses within new residential subdivisions situated on lots deeper than one hundred feet shall have a minimum five-foot variation in the front yard setback from twenty to thirty feet. No more than two houses with the same front yard setback shall be placed on adjacent lots.

2. The use of roof forms, including shed, gable, and hip roofs, alone or in combination shall be used to achieve a variety of roof lines for houses adjacent to public streets. All such roofs shall be of a concrete tile or a twenty-five-year minimum architectural style composition shingle with dimensional variations. A minimum of fifteen percent of the houses within an approved subdivision shall have concrete or approved tile roofs. All other proposed roofing materials shall be subject to review and approval by the city of Wasco planning director.

3. All exterior wall elevations of buildings and screen walls shall have architectural treatments enhancing building appearance. Uniform materials and consistent style should be evident within a development in all exterior elevations. Secondary materials should be used to highlight building features and to provide visual interest.

4. All houses within new subdivisions shall provide decorative lighting on both sides of the garage or shall provide lighting under the eave of the garage.

5. All residential mechanical equipment shall be ground mounted and not be visible from street frontage.

6. The second story of a two-story residence shall be situated to the rear of the house and is permitted by right in a new subdivision. The addition of a second story of an existing residence or the construction of a new two-story home in an established neighborhood shall be subject to a conditional use permit to ensure that the design of the second story will provide privacy for adjacent single-family residences.

7. All fences shall meet the minimum requirements of the base zone district. Materials, colors, textures and design of the fence or wall shall be compatible with on-site development and adjacent properties. Fencing shall not be chain link and shall not exceed the heights as established under Table 3-1.

8. If custom homes are not proposed, subdividers/developers of residential subdivision tracts shall provide a variety of floor plans and building elevations as follows:

9. No two identical elevations shall be placed side by side within a subdivision:

10. Color.

11. The following defines the landscaping requirements for all new residential developments and existing residential uses that have had or propose substantial improvements as defined in Chapter 17.90, Definitions:

1. It is the policy of the city of Wasco to preserve, protect and encourage the use of viable agricultural lands for the production of food and other agricultural products. It is the further intent of the city to provide notification of the city’s recognition and support of persons’ and/or entities’ right to farm.

2. Where nonagricultural land uses extend into agricultural lands or exist side by side, agricultural operations frequently become the subject of nuisance complaints.

Such nuisance complaints may result in the curtailment or cessation of agricultural operations and discourage investment in such operations. It is the purpose of this subsection to reduce the loss of agricultural operations by clarifying the circumstance under which agricultural operations may be considered a nuisance. This subsection is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provisions of state law relative to nuisances. Rather it is only to be utilized in the interpretation and enforcement of the provisions of city codes and regulations.

3. This subsection is also intended to promote a good neighbor policy by advising purchasers adjacent to or near agricultural operations of the inherent potential problems associated with such a purchase. Such concerns may include, but are not limited to, the noise, odors, dust, chemicals, smoke, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosure, purchasers will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions as the natural result of living or working in or near agricultural areas.

1. A bus turnout and shelter on the on-site arterial or collector frontage shall be dedicated if the project is located on a bus route as determined by the planning director.

2. The parcel upon which the senior group housing is to be established shall conform to all standards of the underlying land use district.

3. The senior/group housing shall conform with all local, state and federal requirements.

4. The main pedestrian entrance to the development, common areas, and the parking facility shall be provided with handicapped access pursuant to the Uniform Building Code.

5. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (i.e., safety bars, etc.) as well as emergency signal/intercom systems as determined by the planning director.

6. Adequate internal and external lighting including walkways shall be provided for security purposes. The lighting shall be energy efficient, stationary, deflected away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood.

7. Common recreational and entertainment activities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal one hundred square feet for each living unit.

8. Common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code shall be provided. The facilities shall have keyed access for tenants only.

9. The project shall be designed to provide maximum security for residents, guests and employees.

10. Trash receptacles shall be provided for on the premises and be of sufficient size and number as determined appropriate by the public works director.

11. The city may require a traffic study for senior citizen, congregate care, and/or group quarter facilities located in R-2 or less intensive residential zones. (Ord. 706 § 3 (Exh. A), 2019).

1. New service stations shall be permitted only at the intersections of arterial, state highway and collector streets. A maximum of one service station shall be permitted at each intersection. The use shall not face a residential land use district.

2. The minimum parcel size shall be ten thousand square feet, with a minimum street frontage of one hundred feet on each street.

3. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

4. Pump islands shall be located behind the front yard setback line, or twenty-five feet from a street property line, whichever is greater; however, a canopy or roof structure over a pump island may encroach up to three feet in the required setbacks. The maximum number of points of ingress/egress to any one street shall be two except in the case of state highways where a maximum of one shall be permitted.

5. There shall be a minimum distance of one hundred feet between curb cuts along a street frontage.

6. No driveway shall be located closer than fifty feet to the curb return, except in the case of a state highway where the minimum distance shall be one hundred feet.

7. The width of a driveway shall comply with city of Wasco improvement standards.

8. On-site parking shall comply with Chapter 17.36.

9. Outside storage of motor vehicles shall be prohibited.

10. No vehicles may be parked on sidewalks, parkways, driveways or alleys.

11. No vehicle may be parked on the premises for the purpose of advertising same for sale.

12. Landscaping shall comprise a minimum of five percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained according to the following regulations and those contained in Chapter 17.34:

13. Openings of service bays shall not face public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

14. No used or discarded automotive parts or equipment, or disabled, junked or wrecked vehicles may be located in any open area outside the main structure.

15. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted public works standards and be of sufficient size to accommodate the trash generated. The receptacles shall be screened from public view on at least three sides with gate access on the fourth side. All screening devices shall comply with city of Wasco improvement standards for bin enclosures.

16. Lighting shall comply with city of Wasco improvement standards for on-site and off-site illumination; provided, however, that canopy luminaires, and lights in excess of one hundred fifty watts should not be visible from the public right-of-way or adjoining properties.

17. Restroom entrances should be located within the structure; however, if access is from the outside of the structure, the view from adjacent properties or public rights-of-way shall be concealed by planters or decorative screening.

18. Noise from bells or loudspeakers shall not exceed sixty-five decibels at the property line at any time.

19. All parking, loading, circulation aisles and pump island bay areas shall be constructed with Portland cement concrete.

1. SROs shall not be located within five hundred feet of a parcel which has a school for children, adult bookstore or theater or liquor store.

2. SROs shall be located within one-fourth mile of a bus stop and/or have an adequate bus/dial-a-ride turn-out bay adjacent to the site.

3. SROs shall comply with the parking requirements set forth in Chapter 17.36.

4. Any design of an SRO project shall coordinate with and complement the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area this should be reflected in the design and scale of the SRO project.

5. An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided near an entry located adjacent to the front entry/desk area.

6. Exterior common areas and/or open courtyards shall be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the residents. Exterior common areas, including parking areas, should be illuminated. (Ord. 706 § 3 (Exh. A), 2019).

1. Storage containers shall have minimum setbacks of five feet from side and rear property lines. Storage containers shall not be located in any front setback area.

2. Storage containers are allowed as a temporary use, subject to a temporary use permit approval, which shall define the length of time the storage container may remain on a property.

3. Only one storage container is permitted on residential properties.

4. On nonresidential properties with twenty thousand square feet or less, only one container is permitted. On properties with more than twenty thousand square feet of area two containers are permitted. In no case shall there be more than two storage containers on a single property or development site.

5. Storage containers utilized for construction-related storage shall be allowed on nonresidential properties for the duration of construction activities and shall be considered a component of a construction yard.

6. On residential properties storage containers shall be limited to a maximum size of twelve feet in length, eight feet in width, and eight feet in height.

7. On nonresidential properties storage containers shall be limited to a maximum size of twenty feet in length, eight feet in width, and eight feet in height. Such containers shall not be stacked on top of another container.

8. All storage containers shall be maintained in a clean and orderly manner, free from graffiti.

1. Outdoor storage areas shall be entirely enclosed by a solid wall or opaque fencing as approved by the planning director, with a minimum height of six feet and a maximum height of eight feet.

2. Materials within the storage area shall not be higher than the wall or fencing, except where authorized by site plan review approval or other applicable approval for the storage area.

3. Where an outdoor storage area abuts a public street right-of-way, the required wall of fencing shall be set back from the right-of-way as required by the applicable zoning district, and the setback area shall be landscaped subject to site plan review approval or other applicable approval.

4. Outdoor storage shall not be permitted in any residential zoning district. (Ord. 706 § 3 (Exh. A), 2019).

1. Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit:

2. Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit:

1. An application for a temporary use permit shall be prepared, filed and processed in compliance with the following:

2. The applicant shall pay a fee as specified by the master fee schedule; provided, however, that the fee requirements of this chapter shall not apply to community events and fundraising activities by local government agencies, schools, and/or local nonprofit organizations.

1. Time for Decision. Completed applications for a temporary use permit that doesn’t include the sale of alcohol may be approved, conditionally approved, or denied by the community development department within fourteen days after the application has been deemed complete. Applications for a temporary use permit involving the sale of alcohol require city council approval and must be scheduled for a council agenda for review and action.

2. As part of the approval process for a temporary use permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in this chapter and will result in minimal impacts to adjacent properties. These conditions may involve any factors affecting the operation of the temporary use or event and/or the operation of existing uses on the temporary use site. Conditions imposed may include, but are not limited to, the following:

3. Appeal. The planning director’s decision on temporary use permit applications may be appealed to the planning commission per Chapter 17.72.

4. Revocation.

5. Notice of an administrative hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint or violation, and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address.

1. Indemnification Required. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city of Wasco and its council members, agents, officers, attorneys, employees, boards and commissions free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee’s own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the indemnified parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its council members, agents, officers, attorneys, employees, boards and commissions as a result of the alleged acts or omissions of permittee or permittee’s officers, agents or employees in connection with the uses, events or activities under the permit.

2. Insurance Required for Temporary Uses Taking Place on Public Property. Except as otherwise provided in this section, concurrent with the issuance of a permit under this chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit proof of insurance in the amount of one million dollars, or an amount as may be established by the city council, naming the city as an additional insured.

1. Protect against the potentially adverse effects of telecommunications antenna and facility installation;

2. Protect against visual blight which may result from unregulated installation of antennas and other telecommunications facilities;

3. Protect the environmental resources of Wasco;

4. Ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided; and

5. Create and preserve telecommunications facilities that will serve as an important and effective part of Wasco’s emergency response network. (Ord. 706 § 3 (Exh. A), 2019).

1. Use Guidelines and Dimensional Requirements.

2. Application Requirements. The following shall be submitted at the time of application:

3. Review Process. The planning department will use the following criteria in its review of an application for any wireless telecommunications antenna, tower or accessory structure:

4. Should a court of competent jurisdiction declare this chapter or any part thereof to be invalid, such decision shall not affect the remaining provisions of this chapter nor the zoning ordinance of the city of Wasco which shall remain in full force and effect. (Ord. 706 § 3 (Exh. A), 2019).

1. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing site which has not complied with these regulations, or prior to the construction of any new related facilities for the production of minerals within or through the city.

2. A temporary use permit shall be obtained prior to surface-based exploration or survey for the purpose of locating minerals, excluding any exploratory drilling operations which are subject to a conditional use permit.

3. A temporary use permit shall be obtained by the operator prior to any reworking of a site that has previously complied with these regulations.

1. Plan of site, production; storage and all surface facilities and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a one-thousand-five-hundred-foot radius of the subject facility;

2. Names and addresses of the mineral surface and lease owners of the subject mine and parcel;

3. A reclamation plan for the site, which shall include information concerning the mining operation that is required for processing the reclamation plan, including but not limited to environmental review prepared pursuant to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.);

4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through and/or upon which such mine is proposed, and that the applicant is duly authorized by the property owner to make and file the application;

6. A complete legal description of the subject site;

7. A brief description of the manner in which the minerals will be produced and transported if the drilling operation is successful;

8. A phasing plan for the staging of the operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

9. Copies of all other required permits, insurance and bonds, including but not limited to those required by the Regional Water Quality Control Board;

10. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four-hour period on the site and within a five-hundred-foot radius, if there are any occupied buildings within that radius;

11. Any and all other information that the city may, in its discretion and from time to time, require;

12. A written agreement duly executed by the applicant that in the event a permit is issued by the city, the applicant will as a condition to any operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval. (Ord. 706 § 3 (Exh. A), 2019).

1. Reclamation of mined lands shall take place as soon as practical following completion of mining operations at successive locations within the mining site as specified by the planning commission in the approval of the reclamation plan. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the city.

2. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

1. Permanent piles or dumps of overburden and waste rock placed on the land surface shall be made stable, shall not block natural drainage without provision for diversion, shall have an overall smooth or even profile and, where practical, shall be placed in the least visible location. Old equipment and similar inert mining wastes shall be removed or buried. Toxic materials shall be removed or protected to prevent leaching.

2. Overburden and mining waste placed below the existing or potential groundwater level shall not reduce the transmissivity or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere.

1. Any temporary stream or watershed diversion shall be restored in final reclamation unless determined unnecessary by the planning commission based on recommendation of the county flood control and water conservation district and/or public works agency.

2. Regrading and revegetation shall be designed and carried out to minimize erosion, provide for drainage to natural outlets or interior basins designed for water storage, and to eliminate potholes and similar catchments that could serve as breeding areas for mosquitoes.

3. Silt basins which will store water during periods of surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

4. Final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to mining operations.

5. Upon reclamation, no condition shall remain that will or could lead to the degradation of water quality below applicable standards of the Regional Water Quality Control Board or any other agency with authority over water quality.

1. Be incompatible with the alternate future uses approved for the site;

2. Be hazardous to persons that may utilize the site under the alternate future uses approved for the site; and

3. Reduce the effectiveness of revegetation and erosion control measures where such are necessary. In no event shall the steepness of slopes exceed the critical gradient as determined by an engineering analysis of the slope stability.

1. Complies with SMARA Sections 2772 and 2773;

2. Complies with the applicable state requirements, including but not limited to California Code of Regulations Sections 3500 through 3505 and 3700 through 3713;

3. Complies with the city’s general plan;

4. Has been reviewed pursuant to CEQA and all significant adverse impacts are mitigated to the maximum extent feasible;

5. Provides that the land and/or resources such as bodies of water to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography and other resources, or that suitable off-site mitigation will compensate for related disturbance to resource values;

6. Provides that the mined land will be restored to a useable condition that is readily adaptable for alternative land uses consistent with the general plan; and

7. Is consistent with the protection of the public health, safety and welfare. (Ord. 706 § 3 (Exh. A), 2019).

1. Whenever the cost of production exceeds the revenue produced by a mine or whenever a mine is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing mine. When a mine is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a mine.

2. The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is determined that the mine is no longer economically viable, the mine shall be abandoned in conformance with subsection (F) of this section.

3. The operator shall submit, upon request, reports to the city on each mine reflecting the cost/revenue ratio of each mine in order to determine if the mine is nonproducing.

1. Five hundred feet of any building including dwellings, except buildings incidental to the operation of the mine, unless written permission is obtained from each affected property owner;

2. One thousand feet of any building used for public assembly, such as schools and churches.

1. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit;

2. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city; or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his operations under the permit or upon the premises covered by such permit;

3. That any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons;

4. That permittee has made a willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.

1. At a public hearing before the planning commission, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

2. Following the public hearing, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after, the service upon him/her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired, said permit shall, without any further or other action of or by the city, be revoked.

1. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

2. A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

3. A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

1. Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and other existing and proposed equipment, including the distance to all existing and approved dwellings and other structures and land uses within a one-thousand-five-hundred-foot radius of the subject oil/gas facility;

2. Names and addresses of the mineral, surface and lease owners of the subject well and parcel;

3. A statement of the provisions for water for the drill rig;

4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;

6. A complete legal description of the subject site;

7. A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;

8. An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;

9. A phasing plan for the staging of the drilling operations, including but not limited to an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

10. Copies of all other required permits, insurance and bonds, including but not limited to those required by the California Division of Oil and Gas (DOG), the Regional Water Quality Control Board and the Bay Area Quality Management District;

11. An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four-hour period on the drill site and within a five hundred-foot radius, if there are any occupied buildings within that radius;

12. Any and all other information that the city may, in its discretion and from time to time, require;

13. A written agreement duly executed by the applicant that in the event a permit is issued by the city, the applicant will as a condition to any operations within the city faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval. (Ord. 706 § 3 (Exh. A), 2019).

1. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with the DOG regulations for urban areas and all other applicable regulations.

2. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by the DOG and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the DOG approval showing compliance with all abandonment proceedings under state law.

1. Setbacks. No new well, storage tank or production facility shall be located within:

1. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire-resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling; provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire-resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

2. Any well which is to be drilled or redrilled, and which is within five hundred one to one thousand feet of any occupied building shall be enclosed by a plywood fence with fire-resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade.

3. Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound-insulating materials, or other methods proposed by the applicant or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire-resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

1. All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public right-of-way, school, residence or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.

2. All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of the DOG.

1. Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.

2. Each oil-gas separator shall be equipped with both a regulation pressure-relief safety valve and a bursting head.

3. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low-occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

4. All tanks and attached fixtures shall be constructed and maintained in accordance with API, OSHA, California Division of Industrial Safety, DOG, National Fire Protection Association (NFPA) and EPA standards.

5. Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire-resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.

6. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.

7. New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of the DOG and NFPA. The volumetric capacity of a diked area shall not be less than the capacity necessary to hold the full volume of the largest tank below the height of the dike.

8. Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured-in-place concrete. Asphaltic surfacing shall be required on all earthen dikes. Surfacing shall be impervious and prevent leaching through pavement.

9. All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.

10. All production equipment shall be kept painted in neutral, earth tone colors and maintained at all times. (Ord. 706 § 3 (Exh. A), 2019).

1. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit;

2. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city; or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his operations under the permit or upon the premises covered by such permit;

3. That any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons;

4. That permittee has made a willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.

1. At a public hearing before the planning commission, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

2. Following the public hearing, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after the service upon him/her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired, said permit shall, without any further or other action of or by the city, be revoked.

1. A mobile unit to be removed from the site on a daily basis;

2. Bulk reverse vending machines;

3. Kiosk-type units which may include permanent structures;

4. Unattended containers placed for the donation of recyclable materials.

1. Recycling facilities may have identification signs with a maximum of eight square feet. In the case of a wheeled facility, the side will be measured from the ground to the top of the container;

2. Signs shall be consistent with the character of their location;

3. Directional signs consistent with Chapter 17.38, Signs, bearing no advertising message may be installed with the approval of the planning director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

1. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and

2. The permit shall be reviewed at the end of eighteen months;

1. Large processing facilities shall be subject to a conditional use permit and shall be located no closer than two miles from the nearest similar facility;

2. The facility shall not abut a residentially designated parcel;

3. In the I-L zone, the facility shall operate in a completely enclosed structure;

4. Power-driven processing shall be permitted provided all noise level requirements are met. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and the repairing of reusable materials;

5. A light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an average of two outbound truck shipments of material per day and shall not shred, compact or bale ferrous metals other than food and beverage containers;

6. Structure setbacks and landscaping requirements shall be those provided for in the land use district in which the facility is located;

7. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable materials (allowed only in the I-H zone) shall be constructed of nonflammable material. No storage, excluding truck trailers shall be visible above the height of the wall. No outdoor storage shall be permitted in the land use districts which do not permit outdoor storage;

8. The site shall be maintained clean, sanitary and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present;

9. Space shall be provided on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, a parking area shall be provided for a minimum of eight customers at any one time;

10. Parking shall be provided in accordance with Chapter 17.36;

11. Noise levels shall not exceed sixty-five dBA as measured at the property boundary or any area planned for residential land use districts;

12. If the facility is located within five hundred feet of property designated or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open;

13. Any containers provided for after-hours donation of recyclable materials shall be at least one hundred feet from any residential land use district permanently located, of sturdy rustproof construction, and shall have sufficient capacity to accommodate materials collected and be secure from unauthorized entry or removal of materials;

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

15. Conditions of approval for light processing facilities and large processors shall be clearly visible on the site for the public’s inspection at all times;

16. Signs shall be installed pursuant to Chapter 17.38, Signs. Additionally, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation;

17. No dust, fumes, smoke, vibration, odor, or glare above ambient level shall be detectable from adjacent residentially designated parcels;

18. The facility shall maintain adequate on-site refuse containers for the disposal of nonhazardous waste. (Ord. 706 § 3 (Exh. A), 2019).

1. Level “A” is a condition with low traffic volumes, high speeds and free-flow conditions.

2. Level “B” is a condition with light traffic volumes, minor speed restrictions and stable flow.

3. Level “C” is a condition with moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic.

4. Level “D” is a condition with heavy traffic operating at tolerable speeds, although temporary slowdowns in flow may occur.

5. Level “E” is a condition of very heavy flow and relatively low speeds. Under level “E” the traffic is unstable and short stoppage may occur.

6. Level “F” is a condition of extremely heavy flow, with frequent stoppage and very slow speeds. It is an unstable traffic condition under which traffic often comes to a complete halt.

1. Scope of the study;

2. Data collection;

3. Trip generation, distribution and assignment assumptions;

4. Current or planned transportation improvements;

5. Critical points for the traffic;

6. Other approved or proposed developments nearby which should be considered in the study;

7. Peak periods to be addressed in the study;

8. The use of the most current highway capacity software (HCS); and

9. Any special considerations agreed upon to make the study more informative or appropriate.

1. Executive summary;

2. Table of contents;

3. List of figures (maps);

4. List of tables;

5. Introduction.

6. Traffic Analysis.

7. Conclusions and Recommendations.

8. Appendices.

1. Agricultural and horticultural uses, including, but not limited to greenhouse, orchard, the growing of tree, vine, berry and bush crops, vegetables, flowers and other plants;

2. Harvesting, curing, processing, packaging, and storage incidental to such agricultural uses, shipping agricultural products produced upon the premises, or where such activity is carried on in conjunction with or as a part of an agricultural use in the immediate vicinity;

3. Farms for the keeping or raising of animals, excluding poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, and slaughterhouses unless otherwise specifically permitted in the zoning district which is combined or if they exist on the day the property annexes. Any new poultry farms, rabbit or other small animal farms, fish or frog farms, dairies, hog farms, feedlots, and slaughterhouses and kennels proposed prior to or subsequent to annexation are specifically prohibited.

1. Farm dwellings, mobilehomes, and other residential uses occupied by owner/operator or help employed on the premises, including accessory buildings and farm buildings to the farming operation on the premises;

2. Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted, except as noted in subsection (A)(3) of this section. (Ord. 706 § 3 (Exh. A), 2019).