[Adopted by the City Council of the City of Firebaugh 12-5-2016 by Ord. No. 16-05. Amendments noted where applicable.]
Editor's Note: Ord. No. 16-05 rescinded and replaced prior Chapter
25, Zoning, adopted 6-29-1979 by Ord. No. 359, as amended and supplemented.
Pursuant to Government Code Section 65000 et seq., a zoning
ordinance is hereby adopted by the City of Firebaugh. The Zoning Ordinance,
hereinafter referred to as the "Ordinance," is a document that regulates
the use of land in the City limits of Firebaugh.
The Ordinance is enacted to protect and promote the public health,
safety and general welfare, and to facilitate the planning of the
City of Firebaugh in a precise and orderly manner consistent with
the Firebaugh General Plan. In support of this purpose, the Ordinance
is adopted in order to implement the following objectives:
a.
Provide standards for the orderly development of Firebaugh;
b.
Conserve natural resources;
c.
Maintain and protect the value of property;
d.
Ensure the provision of adequate open space for light, air, and recreation;
e.
Promote the economic stability of existing land uses that conform
to the General Plan and protect them from intrusions by inharmonious
or harmful land uses;
f.
Permit the development of residential, office, commercial and industrial
land uses in accordance with the general plan in order to strengthen
Firebaugh's economic base;
g.
Protect the character of Firebaugh's downtown and its residential
neighborhoods;
h.
Provide the private sector with a document upon which it can base
investment decisions;
i.
Inform the public where certain types of development will occur in
the community as well as the development standards to which they will
develop;
j.
Coordinate with the County of Fresno with regards to the use of land
within Firebaugh's General Plan planning area, and the standards to
which development will conform if it occurs outside the City limits.
This Ordinance, consistent with Government Code Section 65860,
is the primary document by which the City of Firebaugh implements
the goals, policies and actions of the Firebaugh General Plan.
The Zoning Ordinance shall be composed of zoning and planning
regulations and the Official Zoning Map, hereinafter referred to as
the "Zoning Map." The zoning and planning regulations will control
the use of land, the density (units per acre or person per acre) and
intensity (floor area per acre) of development, the uses and locations
of structures, the height and size of structures, the yard areas around
structures, and development standards for land uses. The Zoning Map
will delineate the location of zone districts inside the Firebaugh
City limits.
This Ordinance shall apply to all property inside the Firebaugh
City limits whether owned by private persons or by public entities,
including the federal government, the State of California or any of
its agencies or political subdivisions; by school districts or special
districts, by any city or county, or by any authority or district
organized under the laws of the State. Lands that are exempt from
these regulations are: public streets and alleys, and railroad rights-of-way.
This Ordinance is the primary tool for implementing the goals,
policies and action programs of the Firebaugh General Plan, the Firebaugh
Subdivision Ordinance[1] and any planned unit developments, specific plans or master
plans. The authority to execute this Ordinance shall be vested with
the City Council, Planning Commission and other named City officials
and public bodies.
a.
The Firebaugh City Council shall be the final authority on zoning
ordinance amendments, appeals, general plan and specific plans and
their amendments, development agreements, and other permit procedures
that may be included in or added to this Ordinance.
b.
The City Council shall also be responsible for appointing persons
to the Planning Commission and other decision-making bodies that may
be named in this Ordinance.
The Firebaugh Planning Commission shall be the final authority
on conditional use permits, site plan review, classification of uses,
and other permits that may be included in or added to this Ordinance.
In addition, the Commission shall provide recommendations to the City
Council by means of a resolution that details findings on zoning ordinance
amendments, general and specific plans and amendments thereto, development
agreements and other permit procedures that may be added to the Ordinance.
The Planning Director, or assigned representative, shall be
the authority on the interpretation, administration and enforcement
of the Ordinance. Further, the Planning Director shall be the final
authority on minor deviations and administrative planning permits.
Other duties of the Director shall include preparation of reports,
resolutions and ordinances that come before the Planning Commission
and City Council.
The Chief Building Official, or assigned representative, shall
be the authority on the interpretation, administration and enforcement
of the Building Code. Other duties of the Building Official shall
include enforcement of specified provisions of this Ordinance, securing
Ordinance clearance prior to issuing a building permit, notification
of persons who are in violation of specified provisions of this Ordinance
and other responsibilities that may be included in or added to this
Ordinance.
The City Engineer, or assigned representative, shall be the
authority on the interpretation, administration and enforcement of
the Subdivision Ordinance,[1] the City of Firebaugh Improvement Standards Manual, and
other responsibilities that may be included in or added to this Ordinance.
Other duties of the City Engineer shall include preparation of reports
and recommendations on all engineering matters that come before the
Planning Commission and City Council, and notification of persons
who are in violation of specified provisions of this Ordinance.
Where this Ordinance requires a public hearing notice, notice
shall be given in all of the following ways:
a.
A public hearing notice shall be published in a newspaper of general
circulation not less than 10 days prior to said hearing. If there
is no such paper of general circulation, the public hearing notice
shall be posted at least 10 days prior to the hearing in at least
three public places within the City of Firebaugh.
b.
A notice shall be mailed or delivered not less than 10 days prior
to the hearing to the owner of the subject property or the owner's
authorized agent, the project applicant, and to owners of properties
within 300 feet of the subject property as shown on the latest equalized
tax assessment role. If the number of properties exceeds 1,000, the
City of Firebaugh, in lieu of a notice that is mailed or delivered,
may provide a notice by placing a display notice of at least 1/8 page
in at least one newspaper of general circulation at least 10 days
prior to the meeting.
c.
A public hearing notice shall be posted at least 10 days prior to
the hearing in at least three public places within the City of Firebaugh.
The public hearing notice, whether published in a newspaper
of general circulation or posted at a public place within the City,
shall include the following information: date, time and place of the
public hearing; the hearing body or officer that will consider the
public hearing item; and a general description of the project and
its location.
Failure of any person or entity to receive a public hearing
notice shall not invalidate any proceedings or applications authorized
by this Ordinance.
Any public hearing conducted under this Ordinance may be continued.
The Commission or Council shall announce the time and place to which
the hearing is to be continued. No further public hearing notice shall
be required.
Any person dissatisfied with a decision of the Planning Director
or Planning Commission on a planning application may appeal the decision.
The decision of the Planning Director can be appealed to the Planning
Commission, and the Planning Commission's decision to the City Council,
unless otherwise not allowed by this Ordinance.
An appeal of a decision by the Planning Director or Planning
Commission shall be completed by filing a letter with the City Clerk
no later than 10 days after the day on which the decision was made.
The appeal shall state the name of the person appealing the decision,
the decision that is being appealed and the reasons for the appeal,
including an error, abuse or discretion or a decision that is not
supported by the findings in the record.
The filing of an appeal shall have the effect of staying the
issuance of any permit or procedure until such time as the matter
on appeal is resolved.
Upon receipt of an appeal by the City Clerk, a public hearing shall be held within 45 days of the receipt of the appeal. The public hearing notice for the appeal shall comply with the notice requirements detailed in § 25-5 (Public Hearings).
The Planning Commission or City Council shall hold a public
hearing on the matter that is under appeal. The appellate body shall
affirm, modify or reverse the decision under appeal. At the discretion
of the appellate body, the public hearing may be continued.
The Planning Director may appeal a decision of the Planning
Commission to the City Council if the Director finds that:
a.
The action of the Planning Commission constitutes new policies for
the City.
b.
The action is contrary to established City policy.
c.
The action will have a significant fiscal impact on the City.
d.
The action is not in compliance with City zoning or subdivision ordinances.
e.
The action is inconsistent with the Firebaugh General Plan.
When an appeal has been denied by an appellate body, no new
application for the same or substantially same application shall be
filed with the City for 12 months following the final decision on
the appeal.
If the appellate body determines that more complete information or additional facts on the matter previously appealed become evident, the affected party may request reconsideration of the appeal. All costs associated with the reconsideration shall be borne by the applicant. A new public hearing notice will processed consistent with § 25-5 (Public Hearings).
Pursuant to Government Code Section 65800 et. seq., the State
of California grants to the City of Firebaugh the power to apply zoning
to lands within its City limits. The purpose of zoning is to protect
the public health, safety and general welfare. The constitutionality
of zoning has been upheld by the United States Supreme Court since
1926, Euclid v. Amber Realty Company (272 US 365).
Zoning is the division of a city into districts, and the regulation
within those districts of the height, appearance and bulk of buildings
and structures; the area of a lot that may be occupied and the size
of required open spaces; the density and intensity of development;
and the use of buildings and land for commercial, agricultural, industrial,
residential and other purposes.
Districts are areas within the City of Firebaugh within which
certain zoning regulations apply. The districts hereby established
and into which the City is divided are as follows:
|
District Symbol
|
Zone District
|
|---|---|
|
UR
|
Urban Reserve
|
|
RA
|
Rural Residential
|
|
R-1
|
Single-Family Residential, minimum lot size of 6,500 square
feet
|
|
R-1-5
|
Single-Family Residential, minimum lot size of 5,000 square
feet
|
|
R-1-4.25
|
Single-Family Residential, minimum lot size of 4,250 square
feet
|
|
R-1 (TN)
|
Single-Family Residential (Traditional Neighborhood Development),
minimum lot size of 6,500 square feet
|
|
R-1-5 (TN)
|
Single-Family Residential (Traditional Neighborhood Development),
minimum lot size of 5,000 square feet
|
|
R-1-4.25 (TN)
|
Single-Family Residential (Traditional Neighborhood Development),
minimum lot size of 4,250 square feet
|
|
R-2
|
Low-Density Multiple-Family Residential, one unit per 3,250
square feet of lot area
|
|
R-3
|
Medium-High-Density Multiple-Family Residential, one unit per
1,500 square feet of lot area
|
|
C-1
|
Neighborhood Commercial
|
|
C-2
|
Central Commercial
|
|
C-3
|
General Commercial
|
|
M-1
|
Light Industrial
|
|
M-2
|
Heavy Industrial
|
|
O
|
Open Space
|
|
G
|
Government
|
|
MHP
|
Mobile Home Park
|
Overlay districts are areas in Firebaugh that may require special
regulations due to unique locational features, architecture, historical
significance, resources or hazards. These districts may be combined
with any of the base districts identified in this Chapter. For purposes
of identification on the Official Zoning Map for Firebaugh, districts
that are joined with an overlay district shall be suffixed with the
name of the overlay district. As an example, the zoning for an area
of Firebaugh that is classified central commercial (C-2) and contains
the historic downtown, which demands unique design regulations, would
read as C-2 (PD), Central Commercial, Planned Development District.
Firebaugh overlay districts are as follows:
|
PD
|
Planned Development
|
a.
The zoning boundaries of the aforementioned districts and overlay
districts shall be shown on the Official Zoning Map of Firebaugh.
The Official Zoning Map shall be a part of this Ordinance and shall
remain on file with the Firebaugh Planning and Building Department.
b.
The Firebaugh Planning and Building Department shall be responsible
for amending the Official Zoning Map when land is annexed into the
City or when property is reclassified from one zone to another.
c.
Zoning
Map amendments.
Editor's Note: Maps adopted with Zoning Map amendments are on
file in the City offices.
1.
The Zoning
Map is amended to redesignate one existing parcel currently zoned
R-1 (Single Family Residential) to R-2 (Low Density Multiple Family
Residential) as shown on Map 1. The subject parcel is situated on
the northwest corner of 15th Street and Q Street.
[Added 10-1-2018 by Ord. No. 18-03]
2.
The Zoning
Map is amended to redesignate two existing parcels zoned C-1 (Neighborhood
Commercial to R-1-5 (Single Family Residential (5,000 square foot
minimum lot size) and two parcels zoned C-1 (Neighborhood Commercial)
to R-3 (Medium Density Multiple Family Residential) as shown on Map
1. The subject parcels are situated on the east side of North Dos
Palos Road (State Highway 33) on both sides of the Lyon Avenue alignment.
This amendment is conditioned upon the developer dedicating land for
half of the Diaz Street right-of-way and Highway 33 widening and deferring
payment equal to construction costs for half of the Diaz Street improvement
to a later date set by the City.
[Added 2-19-2019 by Ord.
No. 19-01]
3.
The Zoning
Map is amended to redesignate nine existing parcels zoned C-2 (Central
Commercial) and R-2 (Low Density Multi Family Residential) to G (Government)
as shown on Map 1. The subject parcels are situated on the east side
of O Street along both sides of 9th Street, extending to Q Street.
[Added 8-5-2019 by Ord.
No. 19-04]
4.
The Zoning
Map is amended to redesignate two existing parcels zoned G (Government)
to R-1-5 (Single Family Residential) (5,000 square foot minimum lot
size) as shown on Map 1. The subject parcels are situated on the west
side of Clyde Fannon Road north of the Borboa Lane alignment.
[Added 8-19-2019 by Ord.
No. 19-05]
5.
The Zoning
Map is amended to redesignate one existing parcel zoned R-1 (Single
Family Residential) to C-1 (Neighborhood Commercial) as shown on Map
1. The subject parcel is situated on the southeast corner of N Street
and Zozaya Street.
[Added 1-6-2020 by Ord.
No. 19-07]
6.
The Zoning
Map is amended to redesignate one existing parcel C-1 (Neighborhood
Commercial) to R-1 (Single Family Residential) as shown on Map 1.
The subject parcel is situated on the east side of the Lyon Avenue
alignment, approximately 280 feet north of North Dos Palos Road.
[Added 4-6-2020 by Ord.
No. 20-01]
7.
This
section is amended by changing the Official Zoning Map to prezone
two parcels located west of Washoe Avenue with the Urban Reserve (UR)
zone (APNs 007-091-37 and 012-020-33) as shown in Map l.
[Added 5-3-2021 by Ord. No. 21-01]
Where uncertainty exists as to the boundary of any district
shown on the Zoning Map, the following rules shall apply.
a.
District boundaries shall coincide with either streets, alleys, property
lines or railroad rights-of-way unless otherwise shown on the Zoning
Map.
b.
Where doubt exists as to the location of a district boundary within
a block, the boundary line shall be the nearest interior lot line
existing at the effective date of this Ordinance.
Except as provided for in this Ordinance, no structure or part
thereof shall be erected, altered or enlarged, nor shall any site
or structure be used in a manner other than is included among the
uses hereinafter listed as permitted or conditionally permitted in
the district in which the structure or site is located. In addition,
no structure or part thereof shall be erected, reconstructed, enlarged
or moved into any district that exceeds the development standards
for the district in which the structure is located.
Where property is annexed into Firebaugh or where property is
vacated or abandoned, the following zoning rules shall apply:
a.
Firebaugh may pre-zone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such territory in the event of annexation. Zoning of the subject territory will be conducted consistent with § 25-49, Zoning Ordinance Amendments, and will become effective when annexation has been completed.
b.
Unless pre-zoned, all property annexed into the City shall be classified
to the Urban Reserve (UR) district.
c.
All property that lacks zoning because property has been vacated
or abandoned shall be zoned to the center line of the subject property
consistent with the zoning on the adjoining property.
Where more restrictive standards, use regulations or rules are
established by any other applicable statutes, ordinances or regulations
than is established by this Ordinance, the provisions of such statutes,
ordinances or regulations shall govern.
The purpose of the R-1 District is to provide living areas within
Firebaugh where development is consistent with the Firebaugh General
Plan and is generally limited to low-density concentrations of single-family
dwellings, and where regulations are designed to promote the following:
(1) encourage a suitable environment for family life; (2) provide
space for community facilities, including parks, schools, churches
and other facilities that will complement the residential environment;
(3) a circulation system that is pedestrian-friendly, is properly
connected to the community at-large and adjacent residential developments,
and provides for alternative forms of transportation; (4) an attractive
and unique neighborhood design that ranges from streetscape to the
residential dwellings themselves; and (5) the conservation of valuable
resources ranging from water to energy.
In order to adequately plan for single-family development at
various densities, the R-1 district is further divided into the following
subdistricts:
The following uses are permitted by administrative approval, subject to development standards contained in this § 25-15.
a.
Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in § 25-15.9 of this chapter.
b.
Accessory buildings and structures, including garages, sheds and
similar.
f.
Small day-care homes (for one to eight children).
g.
Licensed residential care facilities serving six or fewer persons.
h.
Employee housing, subject to the issuance of a permit by the State
of California Department of Housing and Community Development as provided
in California Health and Safety Code Sections 17021.5 and 17030. The
permit shall be prominently displayed in the housing unit and shall
be provided to any peace officer, City inspector or state inspector,
upon demand.
i.
Drainage basins.
j.
Water well sites.
k.
Utility facilities, including electrical substations, elevated pressure
tanks, and communication equipment buildings.
l.
Model homes, subdivision sales offices and temporary construction
materials storage yards associated with the development of a residential
subdivision.
m.
Transitional and supportive housing (six or fewer persons).
n.
Storage of recreational vehicles, motorhome, travel trailer, truck
camper, camping trailer, boat or boat trailer storage.
The following uses shall be permitted upon the granting of a conditional use permit consistent with § 25-51, Conditional Use Permits.
a.
Public and quasipublic uses of an educational or religious type including
public and parochial elementary schools, junior high schools, high
schools and colleges; nursery schools, nonprofit schools and colleges;
churches and other religious institutions.
b.
Licensed senior citizen housing facilities.
c.
Licensed large family day-care facilities (for nine or more children).
d.
Licensed residential care facilities serving more than six persons.
a.
Lot area. The minimum lot size for Firebaugh's single-family residential
districts are as follows:
|
District
|
Minimum Site Area
|
|---|---|
|
R-1
|
6,500 square feet
|
|
R-1-5
|
5,000 square feet
|
|
R-1-4.25
|
4,250 square feet
|
b.
Lot frontage and depth (see also Exhibit 15-1).
1.
The minimum lot frontage and depth requirements for each of Firebaugh's
single-family residential districts are as follows:
|
Table 15-1: Minimum Lot Width and Depth Requirements
| |||
|---|---|---|---|
|
R-1 Zone
|
R-1-5 Zone
|
R-1-4.25 Zone
| |
|
Width: interior lots
|
60 feet
|
50 feet
|
40 feet
|
|
Width: corner lots
|
65 feet
|
55 feet
|
45 feet
|
|
Cul-de-sac/curve frontage lots
|
40 feet
|
40 feet
|
40 feet
|
|
Depth
|
100 feet
|
90 feet
|
No standard, though the depth must be sufficient to meet minimum
lot area requirement of 4,250 square feet
|
|
Exhibit 15-1: Lot Width and Depth Requirements Shown on
Typical Lots
 |
c.
Building height. Residential structures shall not exceed 25 feet/two
stories in height; accessory structures shall not exceed 12 feet in
height.
d.
Yard requirements (see also Exhibit 15-2). Yard setback areas shall
be maintained on lots in the single-family zones as shown in Table
15-2.
|
Table 15-2
| |||
|---|---|---|---|
|
Yard Setback Requirements
| |||
|
R-1 Zone
|
R-1-5 Zone
|
R-1-4.25 Zone
| |
|
Front yard
|
20 feet, minimum, except that a front yard setback of 14 feet
(minimum) is permitted if a front porch is provided that is at least
6 feet deep and 10 feet wide. Regardless, garages and carports facing
a street must be set back at least 20 feet.
|
20 feet, minimum, except that a front yard setback of 14 feet
(minimum) is permitted if a front porch is provided that is at least
6 feet deep and 10 feet wide. Regardless, garages and carports facing
a street must be set back at least 20 feet.
|
10 feet, minimum, except that 20 feet is required for the garage
portion of a dwelling that faces a street
|
|
Side yards
| |||
|
Interior side yard
|
5 feet, minimum
|
5 feet, minimum
|
5 feet, minimum
|
|
Corner lot street side yard
|
10 feet, minimum, except 20 feet required where a garage or
carport faces a street
|
10 feet, minimum, except 20 feet required where a garage or
carport faces a street
|
10 feet, minimum, except 20 feet required where a garage or
carport faces a street
|
|
Rear yard
|
10 feet, minimum
|
10 feet, minimum
|
10 feet, minimum
|
|
(1)
|
Detached accessory structures no taller than 12 feet may have
a zero rear or side yard setback if set back behind the front yard
setback, and behind the side yard setback on the street side yard
of a corner lot.
|
|
(2)
|
There shall be a minimum setback of six feet between accessory
structures and a dwelling.
|
|
(3)
|
Architectural features, including eaves, sills, chimneys, cornices,
and bay windows may extend up to 30 inches into a required yard.
|
|
(4)
|
No building shall be located closer than five feet to an alley.
|
|
(5)
|
Portable carports are prohibited between a dwelling and any
street abutting the lot.
|
|
(6)
|
Swimming pools shall not be located in any required front yard,
or a required side yard on the street side of a corner lot. Swimming
pools located in a rear or side yard must be set back at least five
feet from the rear and side property lines.
|
|
Exhibit 15-2: Yard Setback Requirements in the R-1 Zones
illustrated on typical lot types
 |
a.
Front yards: Fences, walls and hedges in a required front yard setback
area shall not exceed three feet in height, except that a fence or
wall may be four feet in height if more than 50% of the top one-foot
of the structure is see-through (such as wrought-iron).
b.
Rear and side yards: Fences, walls, and hedges in the area behind
the required front yard setback shall not exceed seven feet in height.
c.
Fences on the street side yards of corner lots: Fences, walls and
hedges within the required side yard setback area along the street
side yard of a corner lot shall not exceed three feet in height, except
that a fence or wall may be four feet in height if more than 50% of
the top one-foot of the structure is see-through (such as wrought-iron).
d.
Corner visibility triangle.
1.
Street intersection: No fencing higher than three feet shall be placed
in the corner area of a lot formed by a triangle with its right angle
at corner of the lot adjacent to the street intersection and right
angle sides measuring 30 feet long.
2.
Driveway/street intersection: No fencing higher than three feet shall
be placed in triangular areas situated where a driveway intersects
a street. The affected area is defined as a triangle where the right
angle corner is set at the point where the driveway intersects the
property line, and the right angle sides measure 10 feet long.
e.
Materials such as razor wire and barbed wire are prohibited in residential
zones (except for temporary construction yards associated with a development
project).
a.
In the R-1 and R-1-5 zones a minimum of two covered parking stalls
(within a garage or permanent carport) shall be provided for each
single-family dwelling. Each space shall have a minimum width of 10
feet and a minimum depth of 20 feet. All parking spaces and driveways
shall have a concrete or asphalt surface. Where a garage or carport
is open to a public street, a driveway of at least 20 feet in length
shall be provided between the face of the garage and the back of sidewalk
or property line, whichever distance is greater.
b.
In the R-1-4.25 zone, a minimum of one covered parking stall (within
a garage or permanent carport) shall be provided. Each space shall
have a minimum width of 10 feet and a minimum depth of 20 feet. All
parking spaces and driveways shall have a concrete or asphalt surface.
Where a garage or carport is open to a public street, a driveway of
at least 20 feet in length shall be provided between the face of the
garage and the back of sidewalk or property line, whichever distance
is greater.
c.
A garage or carport shall not be converted to become a habitable
part of the dwelling unless an equivalent number of covered parking
spaces are provided elsewhere on the subject parcel.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
The following standards shall apply to all single-family dwellings,
including manufactured and mobile homes, that are established in the
R-1 districts.
a.
The minimum width of a single-family dwelling or a manufactured or
mobile home shall be 20 feet.
b.
Mobile homes must be certified under the National Manufactured Home
Construction and Safety Act of 1974.
c.
All residential dwellings shall be attached to a permanent foundation.
d.
The roofs of all residential dwellings shall be composed of composition
shingles, ceramic tiles, metal or wood shakes or singles. The pitch
of the roof shall not be less than three inches of vertical rise over
12 inches of horizontal run. The roof overhang shall not be less than
12 inches around the building perimeter.
e.
The exterior siding of all residential dwellings shall be composed
of wood, masonry, plaster, or metal sheathing.
f.
Siding shall extend to the ground, except when a solid concrete or
masonry perimeter foundation or retaining wall is used, in which case
the siding material need only extend to the top of the foundation
or wall.
a.
In order to conserve energy, 75% of all garages in subdivisions constructed
after December 5, 2016, shall be located on the west side of a home
that fronts onto an east/west roadway, and on the north side of a
home that fronts onto a north/south roadway.
b.
In order to conserve energy, all ground-mounted heating/cooling units
in subdivisions constructed after December 5, 2016, shall be located
on the east side of a home that fronts onto an east/west roadway,
and on the north side of a home that fronts onto a north/south roadway.
c.
In order to conserve energy, residents are encouraged to plant deciduous
trees on the south and west sides of their home.
a.
In order to conserve water, not more than 50% of the front yard landscaping
shall be devoted to turf. Shrubs planted in the front yard shall be
drought-tolerant species. Artificial lawn shall be considered as a
landscaping option.
|
Exhibit 15-4
Energy and Water Conservation Measures
 |
a.
The purpose of the R-1 (TN) districts is to provide livable and pedestrian-oriented
residential areas within Firebaugh where development is consistent
with the Firebaugh General Plan and is generally limited to low-density
concentrations of single-family dwellings. A key feature of the Traditional
Neighborhood Zones is the review of architectural character of new
dwellings, and emphasis on careful design to encourage a pedestrian-friendly
neighborhood environment. Regulations in the TN Zones are designed
to promote the following:
1.
An attractive and unique neighborhood design that ranges from streetscape
to the residential dwellings themselves which will be designed to
promote interaction with the neighborhood, including the use of front
porches, and garages set back behind the front plane of the dwelling;
and
2.
Encourage a suitable environment for family life;
3.
Provide space for community facilities, including parks, schools,
churches and other facilities that will complement the residential
environment;
4.
A circulation system that is pedestrian-friendly, is well connected
to the community at large and adjacent residential developments, and
provides for alternative forms of transportation;
5.
The conservation of valuable resources ranging from water to energy.
b.
A key feature of the R-1 (TN) zones is the review of the architectural
character of single-family dwellings, to ensure that homes reflect
styles that are historic to the San Joaquin Valley.
In order to adequately plan for single-family development at
various densities, the R-1 (TN) district is further divided into the
following subdistricts:
The following uses are permitted by administrative approval,
subject to development standards contained in this chapter.
a.
Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in § 25-17.9 of this chapter.
b.
Accessory buildings and structures, including garages, swimming pools,
sheds and similar.
e.
Small day-care homes (for one to eight children), subject to standards contained in § 25-41 (Special Uses).
f.
Licensed residential care facilities serving six or fewer persons, subject to standards contained in § 25-41 (Special Uses).
g.
Employee housing, subject to the issuance of a permit by the State
of California Department of Housing and Community Development as provided
in California Health and Safety Code Sections 17021.5 and 17030. The
permit shall be prominently displayed in the housing unit and shall
be provided to any peace officer, City inspector or state inspector,
upon demand.
h.
Drainage basins.
i.
Water well sites.
j.
Utility facilities, including electrical substations, elevated pressure
tanks, and communication equipment buildings.
k.
Model homes, subdivision sales offices and temporary construction
materials storage yards associated with the development of a residential
subdivision.
l.
Transitional and supportive housing (six or fewer persons).
The following uses shall be permitted upon the granting of a conditional use permit consistent with § 25-51, Conditional Use Permits.
a.
Public and quasipublic uses of an educational or religious type including
public and parochial elementary schools, junior high schools, high
schools and colleges; nursery schools, nonprofit schools and colleges;
churches and other religious institutions.
b.
Licensed senior citizen housing facilities.
c.
Licensed large family day-care facilities (for nine or more children).
a.
Lot area (see also Exhibit 17-1). The minimum lot size for Firebaugh's
single-family residential (TN) districts are as follows:
|
District
|
Minimum Site Area
|
|---|---|
|
R-1
|
6,500 square feet
|
|
R-1-5
|
5,000 square feet
|
|
R-1-4.25
|
4,250 square feet
|
b.
Lot frontage and depth (see also Exhibit 15-1).
1.
The minimum lot frontage and depth requirements for each of Firebaugh's
single-family residential (TN) districts are as follows:
|
Table 15-1: Minimum Lot Width and Depth Requirements
| |||
|---|---|---|---|
|
R-1 Zone
|
R-1-5 Zone
|
R-1-4.25 Zone
| |
|
Width: interior lots
|
60 feet
|
50 feet
|
40 feet
|
|
Width: corner lots
|
65 feet
|
55 feet
|
45 feet
|
|
Cul-de-sac/curve frontage lots
|
40 feet
|
40 feet
|
40 feet
|
|
Depth
|
100 feet
|
90 feet
|
No standard, though the depth must be sufficient to meet minimum
lot area requirement of 4,250 square feet
|
 Zone.doc--Image-1.tif.png) |
c.
Building height. Residential structures shall not exceed 25 feet/two
stories in height; Accessory structures shall not exceed 12 feet in
height.
d.
Yard requirements (see also Exhibit 17-2). Yard setback areas shall
be maintained on lots in the Traditional Neighborhood R-1 Zones as
shown in Table 17-2.
|
Table 17-2
| |||
|---|---|---|---|
|
Yard Setback Requirements
| |||
|
R-1 (TN) Zone
|
R-1-5 (TN) Zone
|
R-1-4.25 (TN) Zone
| |
|
Front yard
|
15 feet minimum, except that garages and carports shall be set
back at least 20 feet. All dwellings shall include a front porch at
least 8 feet deep that spans at least 1/2 the width of the facade
of the dwelling. In no case shall a garage or carport extend forward
of the remainder of the dwelling.
|
15 feet minimum, except that garages and carports facing a street
shall be set back at least 20 feet. All dwellings shall include a
front porch at least 8 feet deep that spans at least 1/2 the width
of the facade of the dwelling. In no case shall a garage extend forward
of the remainder of the dwelling.
|
10 feet minimum, except that garages and carports shall be set
back at least 20 feet. All dwellings shall include a front porch at
least 8 feet deep that spans at least 1/2 the width of the facade
of the dwelling. In no case shall a garage extend forward of the remainder
of the dwelling.
|
|
Side yards
| |||
|
Interior side yard
|
5 feet, minimum
|
5 feet, minimum
|
5 feet, minimum
|
|
Corner lot street side yard
|
10 feet minimum, except 20 feet required for that portion of
a dwelling where a garage or a carport faces a street. The facade
of a dwelling facing a street side yard on a corner lot shall have
a usable porch at least 6 feet deep, spanning at least 1/4 the width
of the facade.
|
10 feet minimum, except 20 feet required for that portion of
a dwelling where a garage or carport faces a street. The facade of
a dwelling facing a street side yard on a corner lot shall have a
usable porch at least 6 feet deep, spanning at least 1/4 the width
of the facade.
|
10 feet minimum, except 20 feet required for that portion of
a dwelling where a garage or carport faces a street. The facade of
a dwelling facing a street side yard on a corner lot shall have a
usable porch at least 6 feet deep, spanning at least 1/4 the width
of the facade.
|
|
Rear yard
|
10 feet, minimum
|
10 feet, minimum
|
10 feet, minimum
|
|
Special requirements:
| |
|
(1)
|
Detached accessory structures no taller than 12 feet may have
a zero rear or side yard setback if set back behind the front yard
setback, and behind the side yard setback on the street side yard
of a corner lot.
|
|
(2)
|
There shall be a minimum setback of six feet between accessory
structures and a dwelling.
|
|
(3)
|
Architectural features, including eaves, sills, chimneys, cornices,
and bay windows may extend up to 30 inches into a required side yard.
|
|
(4)
|
No building shall be located closer than five feet to an alley.
|
|
(5)
|
Portable carports are prohibited between a dwelling and any
street abutting the lot.
|
|
(6)
|
The front of any garage or carport shall not exceed 50% of the
width of the facade of the dwelling of which it is a part.
|
|
Exhibit 17-2: Yard Setback Requirements in the R-1 (TN),
R-1-5 (TN) and R-1-4.25 (TN) Zones on Typical Lots
 Zone.doc--Image-2.tif.png) |
a.
Front yards: Fences, walls and hedges in a required front yard setback
area shall not exceed three feet in height, except that a fence or
wall may be four feet in height if more than 50% of the top one-foot
of the structure is see-through (such as wrought-iron).
b.
Rear and side yards: Fences, walls, and hedges in the area behind
the required front yard setback shall not exceed seven feet in height.
c.
Fences on the street side yards of corner lots: Fences, walls and
hedges within the required side yard setback area along the street
side yard of a corner lot shall not exceed three feet in height, except
that a fence or wall may be four feet in height if more than 50% of
the top one-foot of the structure is see-through (such as wrought-iron).
d.
Corner visibility triangle.
1.
Street intersection. No fencing higher than three feet shall be placed
in the corner area of a lot formed by a triangle with its right angle
at corner of the lot adjacent to the street intersection and right
angle sides measuring 30 feet long.
2.
Driveway/street intersection. No fencing higher than three feet shall
be placed in triangular areas situated where a driveway intersects
a street. The affected area is defined as a triangle where the right
angle corner is set at the point where the driveway intersects the
property line, and the right angle sides measure 10 feet long.
 Zone.doc--Image-3.tif.png)
a.
In the R-1 (TN) and R-1-5 (TN) Zones a minimum of two covered parking
stalls (within a garage or permanent carport) shall be provided for
each single-family dwelling. In the R-1-4.25 (TN) zone a minimum of
one covered parking stall (within a garage or permanent carport) shall
be provided for each single-family dwelling. Each space shall have
a minimum width of 10 feet and a minimum depth of 20 feet. All parking
spaces and driveways shall have a concrete or asphalt surface. Where
a garage or carport is open to a public street, a driveway of at least
20 feet in length shall be provided between the face of the garage
and the back of sidewalk or property line, whichever distance is greater.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
The following standards shall apply to all single-family dwellings,
including manufactured and mobile homes, that are established in the
R-1 districts.
1.
Single-family dwellings shall be designed utilizing an architectural
style that is traditional to the history of the San Joaquin Valley.
Historical residential architectural styles that are acceptable include:
2.
Consideration may be given to the use of other architectural styles
if they are found to be reflective of local history and consistent
with the objectives of this chapter, as determined by the Planning
Director.
b.
Design standards.
1.
The minimum width of a single-family dwelling or a manufactured or
mobile home shall be 20 feet.
2.
Mobile homes must be certified under the National Manufactured Home
Construction and Safety Act of 1974.
3.
All residential dwellings shall be attached to a permanent foundation.
4.
The roofs of all residential dwellings shall be composed of composition
shingles, ceramic tiles, metal or wood shakes or shingles. The pitch
of the roof shall not be less than three inches of vertical rise over
12 inches of horizontal run. The roof overhang shall not be less than
12 inches around the building perimeter.
5.
The exterior siding of all residential dwellings shall be composed
of wood, masonry, plaster, or metal sheathing.
6.
Siding shall extend to the ground, except when a solid concrete or
masonry perimeter foundation or retaining wall is used, in which case
the siding material need only extend to the top of the foundation
or wall.
[1]
Editor's Note: Illustration of the Design Standards and Guidelines for this Zone are included as an attachment to this chapter.
a.
In order to conserve energy, 75% of all garages in subdivisions constructed
after December 5, 2016, shall be located on the west side of a home
that fronts onto an east/west roadway, and on the north side of a
home that fronts onto a north/south roadway.
b.
In order to conserve energy, all ground-mounted heating/cooling units
in subdivisions constructed after December 5, 2016, shall be located
on the east side of a home that fronts onto an east/west roadway,
and on the north side of a home that fronts onto a north/south roadway.
c.
In order to conserve energy, residents are encouraged to plant deciduous
trees on the south and west sides of their home.
a.
In order to conserve water, not more than 50% of the front yard landscaping
shall be devoted to turf. Shrubs planted in the front yard shall be
drought-tolerant species. Artificial lawn shall be considered as a
landscaping option.
|
Exhibit 17-4
Energy and Water Conservation Measures
 Zone.docImage8.tif.png) |
The purpose of the R-2 and R-3 districts is to provide living
areas within Firebaugh where development is consistent with the Firebaugh
General Plan and is limited to medium- and high-density concentrations
of multifamily dwellings along with other uses suitable to the intent
of the Zone, and where regulations are designed to promote the following:
a.
A suitable environment for family life, recognizing that a significant
part of the multifamily population is adult, including senior citizens;
b.
Space for community facilities, including parks, schools, churches
and other facilities that will complement the residential environment;
c.
Attractive and unique development projects that encompass well-designed
buildings with ample landscape and off-street parking;
d.
The conservation of valuable resources ranging from water to energy;
and
e.
Housing that is affordable to low- and moderate-income households
and to households that have special housing needs.
The following uses are permitted in the R-2 and R-3 Zones, subject
to development standards contained in this title.
a.
Single-family dwellings, duplexes and triplexes.
b.
Multifamily complexes.
c.
Employee housing, subject to the issuance of a permit by the State
of California Department of Housing and Community Development as provided
in California Health and Safety Code Sections 17021.5 and 17030. The
permit shall be prominently displayed in the housing unit and shall
be provided to any peace officer, City inspector or State inspector,
upon demand.
d.
Emergency Shelter (R-3 Zone only).
e.
Single-room-occupancy units.
f.
Supportive housing.
g.
Transitional housing.
i.
Small day-care homes.
j.
Mobile homes subject to design standards contained in § 25-15, R-1 Zone (Conventional Single-Family Residential Zones).
k.
Licensed group care homes (six or fewer persons).
l.
Drainage basins.
m.
Water well sites.
n.
Utility facilities, including electrical substations, elevated pressure
tanks, and communication equipment buildings, except for wireless
telecommunications facilities.
o.
Model apartments and rental offices associated with the development
of a multifamily development.
p.
Incidental and accessory structures and uses located on the same
site as the permitted use including private garages and carports;
storage buildings; garden structures, greenhouses; and recreation
rooms, hobby shops and swimming pools.
r.
Enclosed temporary construction materials storage yards associated
with the development of an apartment complex.
The following uses shall be permitted upon the granting of a use permit consistent with § 25-5, Conditional Use Permits.
a.
Public and quasipublic uses of an educational or religious type including
public and parochial elementary schools, junior high schools, high
schools and colleges; nursery schools, nonprofit schools and colleges;
churches and other religious institutions.
b.
Public and private charitable institutions, hospitals, convalescent
homes, sanitariums, or rest homes for mental, drug or alcoholic cases.
c.
Public uses of an administrative, recreational, pubic service or
cultural type including City, county, state or federal administrative
centers and courts, libraries, museums, art galleries, police and
fire stations and other public buildings, structures and facilities;
public playgrounds, parks and community centers.
d.
Rest homes and nursing homes; boardinghouses and rooming houses.
e.
Emergency shelters.
f.
Bed-and-breakfast.
No multifamily uses may be established on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review.
a.
Unit density. The maximum unit densities for Firebaugh's multifamily
residential districts are as follows:
|
District
|
Maximum Unit Density
|
|---|---|
|
R-2
|
One dwelling per 3,250 square feet of lot area.
|
|
R-3
|
One dwelling per 1,500 square feet of lot area. Residential
development on parcels larger than 3/4 acre shall have a minimum density
of 20 units per acre to ensure affordability, consistent with state
affordability standards, unless it can be demonstrated that affordability
can be achieved with a lesser density.
|
|
Exhibit 19-1: Key Development Standards in the R-2/R-3
Zones
 |
b.
Lot frontage, depth and area.
2.
The minimum lot depth for newly-established lots in the R-2 and R-3
zones is 100 feet.
3.
The minimum area of all newly-created lots for each of Firebaugh's
multifamily residential districts are as follows:
|
District
|
Minimum Lot Area
|
|---|---|
|
R-2
|
6,500 square feet, minimum
|
|
R-3
|
7,500 square feet, minimum
|
c.
Building height. The maximum height of all structures shall be 25
feet (two stories); the maximum height of accessory structures shall
be 12 feet.
d.
Lot coverage.
|
District
|
Coverage
|
|---|---|
|
R-2
|
50% maximum
|
|
R-3
|
80% maximum
|
e.
Yard requirements. Yard requirements (building setbacks) for structures
in the R-2 and R-3 zones shall be as follows:
|
Front yard:
|
15 feet, minimum
|
|
Side yards:
| |
|
Interior side yard:
|
5 feet, minimum
|
|
Corner lot street side:
|
10 feet, minimum, except 20 feet required where a garage or
carport opens to a street.
|
|
Rear yard:
|
10 feet, minimum
|
|
Special requirements:
| |
|
(1)
|
Detached accessory structures no taller than 12 feet may have
a zero rear or side yard setback if set back behind the front yard
setback, and behind the side yard setback on the street side yard
of a corner lot.
|
|
(2)
|
Architectural features, including eaves, sills, chimneys, cornices,
and bay windows may extend up to 30 inches into a required side yard.
|
|
(3)
|
No building shall be located closer than five feet to an alley.
|
|
(4)
|
Portable carports are prohibited between a dwelling and any
street abutting the lot.
|
|
(5)
|
Garage/carport setback: A garage or carport that opens to a
public street shall be set back a minimum of 20 feet from the back
of sidewalk or property line, whichever distance is greater.
|
f.
Minimum distance between buildings on the same lot: The minimum distance
between a structure used for human habitation and another structure
(such as another dwelling, detached garage, carport, or storage shed,
etc.) shall be 10 feet.
g.
Building orientation and porch requirements (also see Exhibit 19-3).
Buildings on a site situated closest to public street(s) shall be
oriented with ground floor units facing onto the street, with the
front door opening onto a usable porch measuring at least eight feet
wide and six feet deep.
|
Exhibit 19-3: Front Orientation and Porch Requirement
 Ground floor units along streets shall be oriented to face the
street with the front door opening onto a usable porch.
|
a.
Front yards: Fences, walls and hedges in a required front yard setback
area shall not exceed three feet in height, except that a fence or
wall may be four feet in height if more than 50% of the top one-foot
of the structure is see-through (such as wrought-iron).
b.
Rear and side yards: Fences, walls, and hedges in the area behind
the required front yard setback shall not exceed seven feet in height.
c.
Fences on the street side yards of corner lots: Fences, walls and
hedges within 10 feet of the property line along the street side yard
of a corner lot shall not exceed three feet in height, except that
a fence or wall may be four feet in height if more than 50% of the
top one-foot of the structure is see-through (such as wrought-iron).
d.
Corner visibility triangle.
1.
Street intersection: No fencing higher than three feet shall be placed
in the corner area of a lot formed by a triangle with its right angle
at corner of the lot adjacent to the street intersection and right
angle sides measuring 30 feet long.
2.
Driveway/street intersection: No fencing higher than three feet shall
be placed in triangular areas situated where a driveway intersects
a street. The affected area is defined as a triangle where the right
angle corner is set at the point where the driveway intersects the
property line, and the right angle sides measure 10 feet long.
e.
Materials such as razor wire and barbed wire are prohibited in residential
zones (except for temporary construction yards associated with a development
project).
a.
For multifamily dwellings, a minimum of 1.5 parking stalls per dwelling
shall be provided on-site. One stall per unit shall be covered with
a carport or garage. All parking spaces, driveways and parking lots
shall have a concrete or asphalt surface, consistent with the Firebaugh
Improvement Standards. Parking lots shall be designed to preclude
backing on vehicles onto public streets.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
The following standards shall apply to all multifamily developments.
a.
The architectural design of multifamily developments to the best
extent possible should be compatible with adjacent residential neighborhoods.
Compatibility may involve the use of materials, color, scale, roof
pitch, and other physical features that would assist in blending the
new multifamily development with surrounding residential uses.
b.
The architectural design of multifamily developments that are not
adjacent to or within existing residential neighborhood shall consider
the following design standards:
1.
Long, unbroken building facades and box-like building forms are discouraged.
Building facades should be varied by alternating building planes,
building material, color and building heights (see Exhibit 19-4).
Other approaches to providing attractive multifamily structures could
involve alternating the patterns of window and door opening; the use
of projections such as balconies, porches and awnings; and changing
setbacks and softening the building facade with tree plantings.
2.
Setbacks should be varied with individual structures.
3.
The roof lines of multifamily structures should be altered to provide
a varied horizontal view.
|
Exhibit 19-5: Preferred Site Planning Concepts for Multifamily
Design
 |
4.
There should only be a maximum of two adjacent multifamily units
with identical wall and roofline planes.
5.
It is important that door and window openings be articulated on the
face of the multifamily structure. Articulation can include framing,
insets or shutters for windows and insets, framing and color for doorways.
6.
Materials used for multifamily developments should be durable and
of low maintenance. Where possible, exterior siding should provide
a distinctive appearance, such as lap siding, shingle siding, river
rock, brick, or flagstone.
7.
Stairways should be designed as an integral part of the overall multifamily
development. Materials used on the building should be incorporated
into the stairway design (see Exhibit 19-6). Stairways should not
be a dominant exterior feature on the building and should be sited
so that they are not visually prominent.
|
Exhibit 19-6: Stairways
 |
c.
Parking lots and carports or garages should be designed to blend
in with the overall multifamily project.
1.
Long, unbroken rows of parking spaces are discouraged. Where possible,
these rows should be broken by landscaped islands, buildings, or garages.
2.
Carports should contain design elements that make the structures
visually interesting, such as gabled roofs or articulated support
beams.
3.
Parking lots should be screened from adjacent properties with a seven-foot
solid block wall that is softened with landscaping.
d.
Special design treatment should be given to the entryways and street
corners of multifamily projects.
1.
The street corners of multifamily projects should be enhanced visually
with features like landscaping, walls, lighting, fountains, trellises,
signage, public art, etc.
2.
Project entryways should be given special treatment such as stamped
concrete driveways, metal gates with pilasters or landscaped medians.
e.
All common areas shall be provided with landscaping and an automated irrigation system. Landscaping shall be consistent with § 25-43, Landscaping, Irrigation and Grading.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and a metal gate. An arbor should be constructed over the trash
enclosure, to improve appearance. The exterior to the enclosure shall
be landscaped.
g.
All roof-mounted mechanical equipment shall be screened from view.
h.
Where a multifamily development abuts a single-family use or a commercial
use, a seven-foot solid block wall shall be constructed along the
property line common to the two land uses.
a.
To the greatest extent possible, buildings should be designed with
the greatest building length running east and west to take advantage
of passive solar design opportunities (see Exhibit 19-7).
b.
All ground-mounted heating/cooling units shall be located on the
east side of a building that fronts onto an east/west roadway, and
on the north side of a building that fronts onto a north/south roadway
(this locational feature will conserve energy).
c.
The landscaping plan for the multifamily complex should feature the
planting of deciduous trees on the south and west sides of the residential
complex (this locational design feature will conserve energy).
|
Exhibit 19-7: Energy Conservation
 |
a.
All residential projects that contain more than 2,500 square feet of landscaped area shall comply with the regulations contained in § 25-43, Landscaping, Irrigation and Grading.
b.
Not more than 50% of the front yard landscaping shall be devoted
to turf. Shrubs planted in the front yard shall be drought-tolerant
species (These design features will conserve water).
c.
All front yard landscaping shall be provided with an automated irrigation
system that employs water-conserving irrigation features.
a.
The purpose of the Neighborhood Commercial district is to provide
for the development of small-scale, low-intensity commercial uses
that serve the daily needs of residential neighborhoods that are in
close proximity to the shopping center. The design of neighborhood
commercial centers shall be of a scale and design that is compatible
with the surrounding residential neighborhoods. In addition, the design
of the center should provide for pedestrian access from surrounding
neighborhoods.
b.
The types of permitted and conditional uses that would be allowed
in a neighborhood commercial center would be limited to uses that
local residents would require on a daily basis including small-scale
grocery stores, barber and beauty shops, clothes cleaning establishments,
banks, restaurants and similar compatible uses.
The following uses are permitted in the C-1 district.
a.
Accessory uses incidental to a permitted or conditionally permitted
use existing on the site.
b.
Automated teller machine (stand-alone or associated with a bank).
c.
Banks and financial institutions.
d.
Check-cashing services.
e.
Clubs, lodges and meeting rooms.
f.
Day care, small- and large-family.
g.
Drainage basins.
h.
Health/athletic clubs.
j.
Multiple-family dwellings, provided that the use shall be developed in accordance with property development standards of the "R-3" District, § 25-19.
k.
Offices (administrative, business, medical, general, governmental
and professional).
l.
Personal services businesses. Commercial establishments that provide
services of a personal nature, including:
m.
Retail stores and service establishments that supply commodities
or services that meet the needs of residents in the community. Permitted
uses include:
1.
Bakeries, retail.
2.
Clothing, shoes, jewelry and accessory stores.
3.
Confectionary (candy) stores.
4.
Convenience grocery stores (except that stores selling alcoholic
beverages require a conditional use permit).
5.
Florists.
6.
Food stores.
7.
Gift shops.
8.
Hardware and home improvement stores.
9.
Health food stores.
10.
Hobby shops.
11.
Ice cream shops.
12.
Jewelry stores.
13.
Office supply stores.
14.
Pet shops.
15.
Pharmacy/drug stores (except those with a drive-through are not permitted
in the C-2 zone).
16.
Photo studios and photographic supplies, art galleries.
17.
Sporting goods stores.
18.
Supermarkets.
19.
Tobacco stores.
20.
Toy stores.
21.
Variety stores.
n.
Restaurants and cafes, including drive-through and drive-in restaurants.
o.
Veterinarian offices.
p.
Video arcades.
q.
Other uses similar in nature and intensity to those permitted, as
determined by the City Planner.
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
a.
Churches.
b.
Communications buildings and structures, except for wireless telecommunications
facilities.
c.
Electrical transmission and distribution substations.
d.
Liquor stores and convenience markets that sell alcoholic beverages.
e.
Parking lots.
f.
Service stations.
g.
Temporary assembly/entertainment uses, including tent revivals, carnivals,
circuses.
h.
Water pump stations.
i.
Other uses similar in nature and intensity as determined by the City
Planner subject to granting of a conditional use permit.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review, (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of commercial structures shall
be 35 feet/two stories; the maximum height of accessory structures
shall be 15 feet.
c.
Yards.
1.
Front: 10 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a front property
line, and also the side property line for the street side yard on
corner lots.
2.
Side: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet, or where
the site is a corner lot, in which a ten-foot setback is required
on the street side yard.
3.
Rear: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet.
|
Exhibit 21-1: Zoning Standards
 |
a.
Front, side and rear yards: Fences, walls, and hedges shall not exceed
seven feet in height along any front, side or rear property line.
b.
Where a property zoned C-1 abuts a residential district, a seven-foot
solid block masonry wall shall be constructed between the two uses.
Where appropriate, openings should be provided to allow pedestrians
to travel between the two uses.
a.
Uses in the C-1 District shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
b.
Parking lots constructed in C-1 district shall be designed and constructed
so that within five years of construction, 50% of the parking lot
is shaded by trees.
c.
Parking lots shall be separated from buildings by raised sidewalks
or curbing.
d.
Parking lots shall be designed to accommodate solid waste pick-up.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall show a tree-planting scheme
in the parking lot that will result in 50% of the parking lot being
shaded within five years.
c.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
d.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
e.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
[Added 12-20-2021 by Ord. No. 21-06]
a.
Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO (Chapter 2.7 of California Code of Regulation Chapter 23 Division 2), including sections related to use of compost and mulch as delineated in this subsection.
b.
The City Council of the City of Firebaugh does hereby adopt by specific
reference thereto and incorporation herein by said reference, the
provisions of 23 CCR, Division 2, Chapter 2.7 (MWELO) for all intents
and purposes and to the same effect as if each and every section,
paragraph, subparagraph, word, phrase or clause contained therein
were fully set forth herein. If any section, subsection, sentence,
clause or phrase of the said code is, for any reason, held to be unconstitutional
by a court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of said code.
c.
Property owners or their building or landscape designers that meet
the threshold for MWELO compliance outlined in paragraph a above shall:
1.
Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil
preparation, mulch, and amendments section to include the following:
(a)
For landscape installations, compost at a rate of a minimum
of four cubic yards per 1,000 square feet of permeable area shall
be incorporated to a depth of six inches into the soil. Soils with
greater than 6% organic matter in the top six inches of soil are exempt
from adding compost and tilling.
(b)
For landscape installations, a minimum three-inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to 5% of the landscape area
may be left without mulch. Designated insect habitat must be included
in the landscape design plan as such.
(c)
Organic mulch materials made from recycled or post-consumer
materials shall take precedence over inorganic materials or virgin
forest products unless the recycled post-consumer organic products
are not locally available. Organic mulches are not required where
prohibited by local fuel modification plan guidelines or other applicable
local ordinances.
2.
The MWELO compliance items listed in this section are not an inclusive
list of MWELO requirements; therefore, property owners or their building
or landscape designers that meet the threshold for MWELO compliance
outlined in Section 14(a) shall consult the full MWELO for all requirements.
d.
If, after the adoption of this ordinance, the California Department
of Water Resources, or its successor agency, amends 23 CCR, Division
2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO
September 15, 2015 requirements in a manner that requires City to
incorporate the requirements of an updated MWELO in a local ordinance,
and the amended requirements include provisions more stringent than
those required in this section, the revised requirements of 23 CCR,
Division 2, Chapter 2.7 shall be enforced.
All processes, businesses and services shall be conducted entirely
within a completely enclosed structure, except for off-street parking
and off-street loading areas, gasoline sales, outdoor dining areas
and nurseries.
New development in the C-1 zone shall be designed consistent with the guidelines shown in § 25-27 (Commercial Development Design Guidelines).
The C-2 district is intended to help strengthen the vitality
and character of Firebaugh's downtown commercial district by establishing
an appropriate list of permitted uses, regulating the size and location
of buildings, parking lots, landscaping and other improvements, in
a manner that promotes a vibrant pedestrian-oriented shopping environment.
In general, new buildings shall front onto the public sidewalk, with
on-site parking located to the rear or side of buildings. Large merchandise-display
windows are required along the public sidewalk, as opposed to blank
building walls.
The following uses are permitted in the C-2 district:
a.
Accessory uses incidental to a permitted or conditionally permitted
use existing on the site.
b.
Automated teller machine (stand-alone or associated with a bank).
c.
Automobile sales (conducted entirely within a building).
d.
Banks and financial institutions.
e.
Business, professional and trade schools.
f.
Check-cashing services.
g.
Clubs, lodges and meeting rooms.
h.
Day care, small- and large-family.
i.
Funeral parlors/mortuaries.
j.
Health/athletic clubs.
k.
Hotels/motels.
m.
Multiple-family dwellings, provided that the use shall be developed in accordance with property development standards of the "R-3" District, § 25-19.
n.
Offices (administrative, business, medical, general, governmental
and professional).
o.
Personal services businesses. Commercial establishments that provide
services of a personal nature, including:
1.
Barber and beauty shops.
2.
Cleaners.
3.
Fortune telling, hypnotists and palm reading.
4.
Locksmiths.
5.
Mail/delivery stores.
6.
Massage and physical therapy businesses practiced by individuals
certified by the state.
7.
Laundry (self-serve).
8.
Music, dance, gymnastics and martial arts studios.
9.
Tattoo shops.
p.
Retail stores and service establishments that supply commodities
or services that meet the needs of residents in the community. Permitted
uses include:
1.
Bakeries, retail.
2.
Clothing, shoes, jewelry and accessory stores.
3.
Confectionary (candy) stores.
4.
Convenience grocery stores (except that stores selling alcoholic
beverages require a conditional use permit).
5.
Florists.
6.
Food stores.
7.
Furniture stores/mattress shops and upholstery shops.
8.
Gift shops.
9.
Hardware and home improvement stores.
10.
Health food stores.
11.
Hobby shops.
12.
Ice cream shops.
13.
Jewelry stores.
14.
Office supply stores.
15.
Pet shops.
16.
Pharmacy/drug stores (except those with a drive-through are not permitted
in the C-2 Zone).
17.
Photo studios and photographic supplies, art galleries.
18.
Sporting goods stores.
19.
Supermarkets.
20.
Tobacco stores.
21.
Toy stores.
22.
Variety stores.
q.
Restaurants and cafes (except drive-through or drive-ins, which are
not permitted in the C-2 Zone).
r.
Social service and counseling centers.
s.
Veterinarian offices.
t.
Video arcades.
u.
Other uses similar in nature and intensity to those permitted, as
determined by the City Planner.
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
a.
Bars.
b.
Churches.
c.
Communications buildings and structures, except for wireless telecommunications
facilities.
d.
Dancing associated with a restaurant or nightclub.
e.
Liquor stores and convenience markets that sell alcoholic beverages.
f.
Live music associated with a facility that serves alcoholic beverages.
g.
Pawn shops and secondhand stores/used goods stores.
h.
Parking lots.
i.
Other uses similar in nature and intensity as determined by the City
Planner subject to granting of a conditional use permit.
The C-2 Zone is designed to foster a pedestrian-oriented shopping
district in downtown Firebaugh, with uses such as stores, restaurants,
offices and gathering places. Towards this end, the zone does not
allow automobile-oriented uses that are allowed in other commercial
zones, such as auto repair and tire shops and uses with drive-through/drive-up
windows.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
The following standards shall apply to all parcels being developed
in the C-2 Zone, except that any parcels zoned C-2 that are located
outside the downtown planning area (generally bounded by N Street
on the west, Fourteenth Street on the south, Q Street on the east,
and 8th Street on the north) shall be developed to standards of the
C-3 (General Commercial) Zone.
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of commercial structures shall
be 35 feet/two stories; the maximum height of accessory structures
shall be 15 feet.
c.
Yards (see also Exhibit 23-1).
1.
Front: New buildings shall be placed so that at least 1/2 of the
property line along a public street shall adjoin a building wall.
2.
Side: None required except that buildings on corner lots shall be
placed so that at least half of the side lot line along a public street
shall adjoin a building wall.
3.
Rear: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet.
|
Exhibit 23-1: Building Placement Standards
 |
a.
Front, side and rear yards: Fences, walls, and hedges shall not exceed
seven feet in height along any front, side or rear property line.
b.
Where a property zoned C-2 directly abuts a residential district,
a seven-foot solid block masonry wall shall be constructed between
the two uses. Where appropriate, openings should be provided to allow
pedestrians to travel between the two uses.
a.
The number of on-site parking spaces required for uses in the C-2 district may be reduced by up to 100% of the parking requirement for the particular use, as shown in § 25-45, Auto and Bicycle Parking and Loading; however, where the reduction results in more than 25 spaces, the use shall require a conditional use permit, consistent with § 25-51, Conditional Use Permits.
b.
On-site parking shall be located to the rear or to the side of the
building, except parking lots on corner lots shall be located to the
rear or the interior side of the building.
c.
Parking lots constructed in C-2 district shall be designed and constructed
so that within five years of construction, 50% of the parking lot
is shaded by trees.
d.
Parking lots shall be separated from buildings by raised sidewalks
or curbing.
e.
Parking lots shall be designed to accommodate solid waste pick-up.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
A landscaping and irrigation plan shall be submitted on all developments to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall show a tree-planting scheme
in the parking lot that will result in 50% of the parking lot being
shaded within five years.
c.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
d.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
e.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
All processes, businesses and services shall be conducted entirely
within a completely enclosed structure, except for off-street parking
and off-street loading areas, outdoor dining areas and nurseries.
New development in the C-2 Zone shall be designed consistent
with the following Design Guidelines.
a.
General concepts. New development in the downtown should reinforce
the area's unique pedestrian-oriented shopping environment. Positive
design elements that exist in the downtown area include:
1.
Storefronts located immediately behind the sidewalk;
2.
Stores with large windows that permit window shopping;
3.
Awnings and arcades that provide shade for pedestrians;
4.
A variety of stores in a small area - facilitating pedestrian shopping;
5.
Off-street parking is located to the rear or to the side of buildings;
6.
Architectural styles that reflect Firebaugh's history and that of
the San Joaquin Valley.
b.
Site planning concepts.
1.
Consistent with standards of the C-2 Zone, new buildings in the downtown
must be located along the front property line, at the back of the
sidewalk. On-site parking must be located to the rear or to the side
of buildings.
2.
New development on corner lots must be situated immediately at the
corner (rather than the parking lot being located on the corner).
3.
Usable open spaces such as courtyards and plazas with outdoor seating,
landscaping, water features, etc. are encouraged. Pedestrian corridor
access (paseos) should be provided to link rear parking lots to the
street. Sidewalk dining is also encouraged (see Exhibit 23-2), as
long as a sufficient distance from the curb is maintained (usually
eight feet, minimum).
4.
Side and rear setbacks should be determined on a case-by-case basis.
In most cases it is preferred that downtown buildings be designed
to cover the entire lot, with no side yard setbacks.
|
Exhibit 23-2
 Sidewalk dining helps to add life to the downtown streetscape.
|
c.
Architectural design.
1.
The following urban design elements are considered most desirable
for new downtown development or redevelopment (see Exhibit 23-3):
(a)
Significant wall articulation (e.g. insets, alternating with
columns, etc.);
(b)
A variety of surface textures, provided that they are appropriate
to the particular architectural style of the building;
(c)
Large display windows at street level for the display of merchandise
and to allow shoppers to see inside the store. Windows must extend
across the majority of the wall and a significant vertical distance;
(d)
Overhangs and arcades or awnings;
(e)
Regular window placement;
(f)
Pedestrian-scale signs that compliment the style and character
of the individual building.
|
Exhibit 23-3
Desirable Facade Elements for Downtown Buildings
 This graphic displays some of the most desirable elements of
good downtown building design
|
|
Exhibit 23-4: Display Windows
 Large display windows help to make the downtown a more inviting
place. Windows should extend a significant width and height of the
wall.
|
2.
The following design elements are considered undesirable and should
be avoided for new downtown development or redevelopment:
(a)
Large, blank unarticulated walls;
(b)
Highly reflective surfaces of buildings;
(c)
Reflective window tinting;
(d)
A mix of unrelated styles (e.g., rustic wood shingles with polished
chrome) on the same building;
(e)
Highly visible outdoor storage, equipment and loading areas;
(f)
Large, flashy signs that are out of scale and character with
the building.
(g)
Contemporary "ultra-modern" styles and materials.
d.
Building mass and scale.
1.
The height and scale of new development should be compatible with
the scale of surrounding development. Scale is the relationship between
the size of the structure and the size of adjoining structures. Scale
is also the manner in which the proposed building's size relates to
the size of a human being. Large-scale building elements can appear
overwhelming if situated in a visual environment that is predominantly
smaller in scale.
|
Exhibit 23-5: Building Height and Scale
 The height and scale of new developments should be compatible
with the scale of surrounding development
|
2.
The scale of a large building should be broken up or reduced by creating
horizontal emphasis of the building. This can be accomplished through
the proper use of window patterns, roof overhangs, the use of trim
moldings, awnings, eaves, or other ornamentation, by using a combination
of complimentary colors, and through the use of landscaping.
3.
Blank solid walls of buildings visible from public view, including
bland areas above cantilevered canopies, should be avoided. If such
walls are necessary for interior or structural reasons, the structure
wall shall be treated with some form of articulation such as larger
awnings, cornice bands, dentils or similar materials.
4.
The facades of adjacent structures should be considered in the design
of new buildings to avoid clashes in architectural style and materials.
|
Exhibit 23-6: Building Compatibility
 |
5.
Buildings with flat or oversimplified facades (e.g., straight rooflines
without definition) should utilize parapet walls and/or cornice detailing
to give greater stature to the building as well as the entire block
on which the structure is located.
6.
Canopies and awnings are desirable elements in the downtown and are
encouraged to shelter the openings of each building from sun and rain.
New canopies and awnings should be respectful of the style and character
of the structure on which they are attached, particularly in terms
of materials and colors. The highest point of a canopy or its support
structure shall not be higher than the midpoint of the space between
the second story window sills and the top of the first floor store
front window, awning, canopy or transom. Awnings should also be set
inside vertical elements on the building such as columns, pilasters
or storefronts that are indented.
|
Exhibit 23-7: Window Awnings
 Window awnings are a desirable element, when properly scaled.
|
7.
Awnings, trellises and other accessory structures that do not restrict
pedestrian or vehicular movement may project into the public right-of-way,
subject to clearance requirements specified in the Zoning Ordinance.
In general, awnings should be no less than eight feet above the sidewalk.
|
Exhibit 23-8: Awnings over the public sidewalk
 |
8.
Existing historically significant buildings should be maintained.
Any physical changes shall be done in a manner that is consistent
with the original architectural style.
9.
For safety, identification and convenience, entrances of buildings
and parking areas shall be well illuminated.
10.
Rooftop mechanical equipment (e.g., air-conditioning units)
should be screened from view from the public right-of-way through
the use of parapets, cornices or other treatments. Mechanical equipment
should not be mounted on street arcades, in front windows or other
visible locations.
|
Exhibit 23-9: Screening Roof Equipment
 |
[Added 12-20-2021 by Ord. No. 21-06]
a.
Persons applying for a permit from the City for new construction
and building additions and alternations shall comply with the requirements
of this section and all required components of the California Green
Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended,
if its project is covered by the scope of CALGreen. If the requirements
of CALGreen are more stringent then the requirements of this Section,
the CALGreen requirements shall apply.
Project applicants shall refer to City's building and/or planning
code for complete CALGreen requirements.
b.
For projects covered by CALGreen, the applicants must, as a condition
of the Jurisdiction's permit approval, comply with the following:
1.
Where five or more Multi-Family dwelling units are constructed on
a building site, provide readily accessible areas that serve occupants
of all buildings on the site and are identified for the storage and
collection of blue container and green container materials, consistent
with the three-container collection program offered by the Jurisdiction,
or comply with provision of adequate space for recycling for multi-family
and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1,
and 5.410.1 of the California Green Building Standards Code, 24 CCR,
Part 11 as amended provided amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
2.
New commercial construction or additions resulting in more than 30%
of the floor area shall provide readily accessible areas identified
for the storage and collection of blue container and green container
materials, consistent with the three-container collection program
offered by the Jurisdiction, or shall comply with provision of adequate
space for recycling for multi-family and commercial premises pursuant
to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California
Green Building Standards Code, 24 CCR, Part 11 as amended provided
amended requirements are more stringent than the CALGreen requirements
for adequate recycling space effective January 1, 2020.
3.
Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Jurisdiction's C&D ordinance, Section 13-2.20 of the Firebaugh Municipal Code and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
a.
The purpose of the General Commercial district is to provide for
a wide variety of commercial and service business that cater to the
daily needs of Firebaugh and the surrounding area.
b.
New development in this Zone will occur in buildings and complexes
that exhibit high standards of design, including sites where generous
amounts of landscaping, screening of outdoor storage, repair and assembling
areas from the public's view and where the impact of noise, vibrations,
and light on surrounding properties are minimized.
The following uses are permitted in the C-3 district:
a.
Accessory uses incidental to a permitted or conditionally permitted
use existing on the site.
b.
Auction houses.
c.
Automated teller machine (stand-alone or associated with a bank).
d.
Automobile and motorized vehicle businesses, including:
e.
Banks and financial institutions.
f.
Business, professional and trade schools.
g.
Cabinet shops, welding/blacksmith shops, signs shops, glass stores.
h.
Check-cashing services.
i.
Clubs, lodges and meeting rooms.
j.
Contractor storage yards.
k.
Contractor supply stores.
l.
Day care, small- and large-family.
m.
Drainage basins.
n.
Feed stores and agricultural supply stores.
o.
Food/meat lockers.
p.
Fuel storage.
q.
Funeral parlors/mortuaries.
r.
Health/athletic clubs.
s.
Hotels/motels.
t.
Janitorial and maintenance services.
v.
Multiple-family dwellings, provided that the use shall be developed in accordance with property development standards of the R-3 district, § 25-19.
w.
Movie theaters.
x.
Offices (administrative, business, medical, general, governmental
and professional).
y.
Pawn shops/secondhand stores.
z.
Personal services businesses. Commercial establishments that provide
services of a personal nature, including:
1.
Barber and beauty shops.
2.
Cleaners.
3.
Fortunetelling, hypnotists and palm reading.
4.
Locksmiths.
5.
Mail/delivery stores.
6.
Massage and physical therapy businesses practiced by individuals
certified by the State.
7.
Laundry (full and self-serve).
8.
Music, dance, gymnastics and martial arts studios.
9.
Tattoo shops.
aa.
Retail stores and service establishments that supply commodities
or services that meet the needs of residents in the community. Permitted
uses include:
1.
Bakeries, retail.
2.
Clothing, shoes, jewelry and accessory stores.
3.
Confectionary (candy) stores.
4.
Convenience grocery stores (except that stores selling alcoholic
beverages require a conditional use permit).
5.
Florists.
6.
Food stores.
7.
Furniture stores/mattress shops and upholstery shops.
8.
Garden shops and nurseries.
9.
Gift shops.
10.
Gun shops.
11.
Hardware and home improvement stores.
12.
Health food stores.
13.
Hobby shops.
14.
Ice cream shops.
15.
Jewelry stores.
16.
Office supply stores.
17.
Pet shops.
18.
Pharmacy/drug stores.
19.
Photo studios and photographic supplies, art galleries.
20.
Sporting goods stores.
21.
Supermarkets.
22.
Tobacco stores.
23.
Toy stores.
24.
Variety stores.
bb.
Repair shops for electronics, appliances, upholstery, garden equipment,
etc.
cc.
Restaurants and cafes, including drive-through and drive-in restaurants.
ee.
Storage buildings, mini-storage facilities.
ff.
Social service and counseling centers.
gg.
Taxidermists.
hh.
Towing services.
ii.
Veterinarian offices, kennels, boarding facilities.
jj.
Video arcades.
kk.
Wholesale businesses.
ll.
Other uses similar in nature and intensity to those permitted, as
determined by the City Planner.
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
a.
Churches.
b.
Communications buildings and structures, including wireless telecommunications
facilities.
c.
Electrical transmission and distribution substations.
d.
Liquor stores and convenience markets that sell alcoholic beverages.
e.
Recycling centers.
f.
Temporary assembly/entertainment uses, including tent revivals, carnivals,
circuses.
g.
Water pump stations.
h.
Other uses similar in nature and intensity as determined by the City
planner subject to granting of a conditional use permit.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of commercial structures shall
be 35 feet/two stories; the maximum height of accessory structures
shall be 15 feet.
c.
Yards.
1.
Front: 10 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a front property
line, and also the side property line for the street side yard on
corner lots.
2.
Side: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet, or where
the site is a corner lot, in which a ten-foot setback is required
on the street side yard.
3.
Rear: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet.
|
Exhibit 25-1: Zoning Standards
 |
a.
Front, side and rear yards: Fences, walls, and hedges shall not exceed
seven feet in height along any front, side or rear property line.
b.
Where a property zoned C-3 abuts a residential district, a seven-foot
solid block masonry wall shall be constructed between the two uses.
Where appropriate, openings should be provided to allow pedestrians
to travel between the two uses.
a.
Uses in the C-3 district shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
b.
Parking lots constructed in C-3 district shall be designed and constructed
so that within five years of construction, 50% of the parking lot
is shaded by trees.
c.
Parking lots shall be separated from buildings by raised sidewalks
or curbing.
d.
Parking lots shall be designed to accommodate solid waste pick-up.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall show a tree-planting scheme
in the parking lot that will result in 50% of the parking lot being
shaded within five years.
c.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
d.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
e.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
All processes, businesses and services shall be conducted entirely
within a completely enclosed structure, except for off-street parking
and off-street loading areas, gasoline sales, outdoor dining areas
and nurseries.
New development in the C-3 zone shall be designed consistent with the guidelines shown in § 25-27 (Commercial Development Design Guidelines).
The purpose of this § 25-27 is to set forth design guidelines for commercial development in Firebaugh that will work to achieve high standards of project design. These regulations complement the standard site development regulations listed in the individual zone district chapters. These design regulations are general in nature and may be interpreted with some flexibility in their application to specific projects. Issues addressed in this chapter include site planning, parking and circulation, landscaping, walls, building design, signs and lighting.
The following guidelines apply to all development occurring
within the C (commercial) districts and are intended to facilitate
high-quality development that complements the character of Firebaugh.
a.
Large project site design.
1.
Large sites (such as shopping centers) should be designed to be pedestrian-friendly,
reduce the visual dominance of parking lots, and highlight the appearance
of the building facade. The following general principles should be
followed:
(a)
Avoid large expanses of parking lot. Parking areas should be
screened with smaller buildings set forward toward the street (see
diagram below).
(b)
Pedestrian plazas and walkways should be provided in the site
design.
(d)
Effort should be made to establish pedestrian connections with
adjacent commercial areas and surrounding residential neighborhoods.
b.
Parking lot strategies. Where screening of the parking lot as previously
illustrated is not possible, as many pedestrian amenities should be
included in the parking lot and building exterior as possible. The
graphic below illustrates various elements that should be considered,
including:
c.
Corner lot design. Corner lots present special opportunities for
good project design. The diagrams below and to the right illustrate
a preferred design strategy for a commercial corner-lot location.
Desirable design strategies include:
1.
Situate buildings against the street corner with parking to the rear.
2.
To the extent practical, buildings should feature large display windows
and entrances along the street sidewalk.
3.
Provide a pedestrian plaza at the corner.
4.
Establish pedestrian connections from the parking lot to the street.
5.
Pedestrian walkways through parking lots should be maximized.
 |
d.
"Big Box" facade design strategies. Large stand-alone commercial
stores should be designed to avoid the appearance of a large box-like
structure. Architectural detailing on exterior walls, such as insets,
varied wall planes, alternating colors and the use of "liner shops"
is recommended. Other site and parking design guidelines from this
chapter should also be utilized.
 |
e.
Mixed use. Firebaugh encourages developers to consider projects that
combine commercial and residential uses on one site. Mixed-use projects
can either be horizontal (with commercial and residential on separate
portions of a site, as illustrated to the right), or vertical (typically
with commercial/office on the ground floor and residential on upper
floors, illustrated below).
|
Vertical Mixed Use
 Vertical mixed use project has retail commercial and offices
on the ground floor, with dwelling units above.
|
|
Horizontal Mixed Use
 Example of a horizontal mixed use project - a shopping center
with a multifamily project tucked into one corner. A pedestrian paseo
allows residents to walk directly into the shopping center.
|
f.
Small commercial sites. Small commercial sites (generally smaller
than one acre) present special design opportunities. A streetscape
should not dominated by parking lots. Toward this end, sites should
be designed with parking to the rear or to the side of the building.
If parking must be placed between the building and the street, additional
amenities (as listed above under "Parking lot strategies") should
be included.
|
Small Sites Design Strategies
 With small development sites, care should be taken that parking
does not dominate the site. Sites should be designed with parking
to the rear or the side of buildings.
|
g.
Architectural strategies. Commercial buildings should be pedestrian
in scale, utilizing the following design techniques and mechanisms:
1.
Architectural styles that reflect the traditions and history of Firebaugh
and the San Joaquin Valley are preferred over modern, contemporary
and franchise design styles that are repeated in every other community.
Preferred commercial styles include Spanish, neoclassical, Mediterranean
and Western false front. The City maintains a photo library of good
examples of these styles.
2.
Buildings should be articulated in a fashion similar to the pedestrian-oriented
buildings found in downtowns. Use of insets, overhangs or arcades
(roofed passageways), cupolas or clock towers, arbors and other design
elements are encouraged. Building facades should avoid blank walls
greater than 30 feet in length at street level.
3.
Use three-dimensional cornice treatments, parapet wall details, overhanging
eaves, etc. to enhance the architectural character of the roof, and
conceal roof equipment. For large buildings, roof lines should be
varied to reduce mass and building scale.
4.
Buildings should feature large show-windows along sidewalks and along
street frontages.
5.
Roof-mounted equipment should be screened from view with parapet
walls or similar screening devices.
6.
As noted above, walls should be avoided along parking lots, public
streets and other areas visible to the public. The use of show-windows
is preferred, but where this is not practical, other methods should
be used such as trellises for climbing vines or architectural detail
like columns and tile insets, for example.
|
Preferred
Variety in facade and roofline
 |
 Discouraged
|
 No blank walls! This building has generous windows (shaded with
awnings) along the street. It could have just as easily been a blank
wall.
|
 Walls that would otherwise be "blank" should receive some type
of architectural treatment, such as trellises, as illustrated above.
|
h.
Signs. Sign regulations found in the sign ordinance must be observed;
however, the following general design guidelines should be utilized.
1.
Signs should be compatible with the design of the building and its
architectural style.
2.
Stark color contrasts in signs should be avoided. Sign colors should
be muted - use of significant quantities of primary colors should
be avoided.
3.
Freestanding signs shall be monument-style signs as opposed to pole
signs.
4.
The design of freestanding signs should feature architectural elements
that relate the sign to the buildings they advertise (see example
to the right).
5.
For multi-tenant buildings or shopping centers, a coordinated sign
design scheme is required.
 Freestanding monument-style signs should receive architectural
treatment that relates to the overall site.
|
i.
Landscaping.
1.
Landscaping should incorporate an appropriate combination of shrubs,
turf, trees and flowers. Where increased maintenance allows, additional
elements such as trellises, arbors, benches and fountains should be
included. Landscaping should be designed to accentuate positive design
elements and screen negative views as well as ensure safety and visibility.
2.
For beauty as well as graffiti prevention, climbing vines should
be used to screen masonry walls, including perimeter walls, trash
enclosures and other appropriate locations.
3.
Pedestrian-scaled ornamental lighting should be provided along with
walkways for commercial projects. Lighting fixtures should be of a
design that complements the style of architecture of the project.
Standard cobra-head light fixtures should be avoided.
4.
Service areas for refuse collection and deliveries should be located
away from customer entries and should be screened from view.
 Decorative pedestrian-oriented light fixtures are encouraged.
|
 Walls should be planted with climbing vines and buffered with
shade trees and shrubs.
|
j.
Parking lot landscaping. Parking lots shall feature landscaping to
promote an attractive visual environment and reduce summer heat buildup.
The following techniques are recommended:
1.
Landscaping or mounding shall be provided in the area between a parking
lot and the street right of way. Alternately, a low screening hedge
or wall with climbing vegetation shall be provided.
2.
For each four spaces, one shade tree shall be provided within a planter
not less than four feet by four feet wide, surrounded by protective
curbing. In general, shade trees shall be provided to obtain shading
of 50% of the parking lot within 15 years.
|
Parking Lot Landscaping Strategies
 |
3.
Landscaping should be situated so that it does not interfere with
vehicle sight-lines, nor with the front end of parked vehicles.
4.
Landscape planters should be provided along masonry walls and along
building walls. Climbing vines should be established to screen masonry
walls and prevent graffiti.
k.
Special uses.
2.
Service stations.
(a)
Service stations should utilize architectural styles that blend
well with adjacent neighborhoods and other commercial development.
(b)
Where a service station is part of a shopping center, the architectural
style should be consistent with that of the shopping center.
(c)
Pump shelters should be consistent with the architecture of
the service station building/convenience store. A gabled pump canopy
is preferred over a "flat top" canopy. Flat top canopies should utilize
other elements such as molding or trim.
|
Service Station Fuel Island Canopies
 |
3.
Fast food/franchise businesses.
(a)
Fast food and other franchise businesses should utilize architectural
styles that are appropriate to Firebaugh and the surrounding neighborhood,
rather than standard franchise styles that are replicated in every
community.
|
Franchise Architecture
 |
4.
Drive-throughs.
(a)
Drive-through lanes should be screened from view of the public
right-of-way with the use of landscaping, berming, etc.
(b)
Additional methods, such as the use of an arbor (see below)
should be considered to soften and improve the appearance of drive-through
lanes.
|
Drive-Through Trellis
 |
|
Drive-Through Screening
 |
5.
Metal buildings.
(a)
Metal buildings are discouraged in downtown and neighborhood
commercial areas.
(b)
Where metal buildings are used, they should receive heightened
architectural treatment - standard box forms are strongly discouraged.
The use of insets, awnings, trellises and varying (but muted) color
schemes should be considered.
 Where used, metal buildings should include heightened architectural
detailing such as varied wall and roof planes, colors and awnings.
|
l.
Design details.
1.
Trash enclosures.
(a)
Trash enclosures should be considered as an architectural element
of the overall project.
(b)
Walls should receive architectural detailing; climbing vines
and shrubbery can be used to screen.
(c)
Additional details such as a trellis can be used to improve
the attractiveness of a trash enclosure.
(d)
Trash enclosures should be designed with a separate pedestrian
entrance, to preclude front doors from being left open.
 Trash enclosures should be designed to complement the overall
project with architectural detailing and landscaping.
|
2.
Roof-mounted equipment.
(a)
Roof-mounted equipment, such as air-conditioning units, should
be screened from view.
3.
Backflow devices and utilities.
(a)
Backflow devices and other utility equipment should be screened
from view, through landscaping, finished in a subdued color or a combination
of these techniques (see below).
 |
4.
Lighting.
(a)
Lighting should be an integral part of the architectural style
of a project. Cobra-head style lights or other basic utility styles
should be avoided.
 Lighting should be architecturally appropriate to the overall
project. Decorative lighting is preferred over standard utilitarian
light fixtures.
|
5.
Fencing.
(a)
Fencing should be considered an integral part of the architectural
character of a project. Additional details such as stucco finish,
brick or stucco pilasters should be considered.
(b)
Screening through the use of climbing vines or shrubbery should
be used. This can also help prevent graffiti.
(c)
Where chain link fencing is used, the fence should be finished
in gloss vinyl black or green, as opposed to unfinished galvanized
metal.
 |
The purpose of Firebaugh's Industrial Zones is to provide appropriate
locations in the community for industrial uses and related activities.
Two zones are established: the M-1 Zone is the "Light Industrial"
Zone and provides for uses such as light manufacturing, warehousing,
storage, service commercial and similar uses. The M-2 Zone is the
"Heavy Industrial" Zone and provides spaces for more intensive industrial
and manufacturing activities. Development standards in the Industrial
Zones are designed to promote the following:
a.
To protect appropriate areas for industrial use from intrusion by
residences and other inharmonious uses;
b.
To provide opportunities for certain types of industrial uses to
concentrate in mutually beneficial relationships to each other;
c.
To provide adequate space to meet the needs of modern industrial
development, including truck parking, off-street parking and loading;
d.
To provide industrial employment opportunities for residents of the
region;
e.
To operate in a manner that protects the public health, safety and
welfare by ensuring that potential harmful impacts such as noise,
vibration, noxious fumes, fire, and explosions, are avoided; and
f.
To establish standards that result in industrial development that
is attractive and functional.
[Amended 11-20-2017 by Ord. No. 17-03; 6-4-2018 by Ord. No. 18-02; 7-15-2019 by Ord. No. 19-03]
The following table lists uses that are permitted and conditionally-permitted
in the M-1 and M-2 Zones. Symbols used in the table are as follows:
|
"P" = The use is permitted in that particular zone
|
|
"CUP" = The use is permitted by conditional use permit in that
particular zone
|
|
"-" = The use is not permitted in that particular zone
|
|
Zone
| ||||
|---|---|---|---|---|
|
Use
|
M-1 Zone
|
M-2 Zone
| ||
|
1.
|
Assembling, cleaning, manufacturing, processing repairing or
testing of products, conducted within an enclosed structure, or within
a screened outdoor storage area, except for the following uses listed
under 1(a) through (k), which are permitted only in the M-2 Zone by
conditional use permit.
|
P
|
P
| |
|
a.
|
Drop forges.
|
—
|
CUP
| |
|
b.
|
Fertilizer manufacturing.
|
—
|
CUP
| |
|
c.
|
Animal processing, including slaughterhouses, reduction, rendering
and glue manufacturing.
|
—
|
CUP
| |
|
d.
|
Petroleum products manufacturing, processing and storage, including
oils, gasoline, natural gas, paints and tar.
|
—
|
CUP
| |
|
e.
|
Incinerators.
|
—
|
CUP
| |
|
f.
|
Metal industries (ores, reduction, refining, smelting and alloying).
|
—
|
CUP
| |
|
g.
|
Paper and paper product manufacturing.
|
—
|
CUP
| |
|
h.
|
Textile mills.
|
—
|
CUP
| |
|
i.
|
Chemical manufacturing.
|
—
|
CUP
| |
|
j.
|
Rubber manufacturing.
|
—
|
CUP
| |
|
2.
|
Assembling, cleaning, manufacturing, processing, repairing or
testing of products not listed under 1(a) or (b) that are conducted
primarily outdoors.
|
CUP
|
CUP
| |
|
3.
|
Agricultural services and industries, including the following:
| |||
|
a.
|
Food and dairy processing.
|
P
|
P
| |
|
b.
|
Cannabis cultivation, manufacturing, processing, extraction,
testing, transportation and distribution.
|
—
|
CUP, subject to standards contained in § 25-41.13
| |
|
c.
|
Cannabis dispensaries and retail sales.
|
CUP, subject to standards contained in § 25-41.13
|
CUP, subject to standards contained in § 25-41.13
| |
|
d.
|
Canneries.
|
P
|
P
| |
|
e.
|
Cold storage facilities.
|
P
|
P
| |
|
f.
|
Crop cultivation.
|
P
|
P
| |
|
g.
|
Grain storage and processing.
|
P
|
P
| |
|
h.
|
Nurseries.
|
P
|
P
| |
|
i.
|
Packing houses.
|
P
|
P
| |
|
j.
|
Veterinary services, livestock and large animals, including
animal boarding.
|
P
|
P
| |
|
k.
|
Animal sales yards.
|
CUP
|
P
| |
|
l.
|
Agricultural exhibits, including sales, displays, large assembly
of people and livestock.
|
P
|
P
| |
|
4.
|
Automobile-oriented uses, including auto repair, tire shops,
painting, upholstery, etc.
|
P
|
P
| |
|
5.
|
Concrete batch plants, processing of minerals, and aggregate
and related materials, sand and gravel storage.
|
CUP
|
P
| |
|
6.
|
Dwelling for a caretaker or security guard on the site of an
approved use.
|
CUP
|
CUP
| |
|
7.
|
Fuel dealer and service stations.
|
CUP
|
P
| |
|
8.
|
Airports, heliports/helipads.
|
CUP
|
CUP
| |
|
9.
|
Farm supply stores.
|
P
|
P
| |
|
10.
|
Lumber yards.
|
P
|
P
| |
|
11.
|
Kennels.
|
P
|
P
| |
|
12.
|
Mini-storage facilities and storage buildings.
|
P
|
P
| |
|
13.
|
Offices.
|
P
|
P
| |
|
14.
|
Retail uses conducted as part of, and incidental to an established
manufacturing operation (such as a candy store on the site of a candy
manufacturing operation).
|
P
|
P
| |
|
15.
|
Research and development operations.
|
P
|
P
| |
|
16.
|
Recycling collection and processing facilities.
|
P
|
P
| |
|
17.
|
Salvage and wrecking facilities and junk yards.
|
CUP
| ||
|
18.
|
Towing services.
|
P
|
P
| |
|
19.
|
Trucking, transportation and distribution.
|
P
|
P
| |
|
20.
|
Truck stops.
|
CUP
|
CUP
| |
|
21.
|
Upholstery shops.
|
P
|
P
| |
|
22.
|
Vehicle storage.
|
P
|
P
| |
|
23.
|
Warehousing and wholesaling.
|
P
|
P
| |
|
24.
|
Equipment rental and sales yards.
|
P
|
P
| |
|
25.
|
Building contractor offices and yards.
|
P
|
P
| |
|
26.
|
Miscellaneous uses, including:
| |||
|
a.
|
Accessory uses on the site of a permitted use or conditionally-permitted
use.
|
P
|
P
| |
|
b.
|
Parking facilities on separate lots.
|
P
|
P
| |
|
c.
|
Communications equipment buildings and structures (including
wireless telecommunications facilities), public utility service yards,
gas regulator stations, pumping stations, storm drainage reservoirs,
public water wells, electric distribution substations and transmission
line structures.
|
CUP
|
CUP
| |
|
d.
|
Private fueling stations located on-site with a permitted or
conditionally permitted use.
|
P
|
P
| |
|
e.
|
Other uses determined to be similar in nature and intensity
to those permitted in that particular zone, as determined by the City
Planner.
|
P
|
P
| |
|
f.
|
Other uses determined to be similar in nature and intensity
to those conditionally permitted in that particular zone, as determined
by the City Planner.
|
CUP
|
CUP
| |
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of structures shall be 50 feet.
c.
Yards.
1.
Front: 10 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a front property
line, and also the side property line for the street side yard on
corner lots.
2.
Side: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet, or where
the site is a corner lot, in which a ten-foot setback is required
on the street side yard.
3.
Rear: No requirement unless the subject property abuts a residential
district, wherein the minimum yard shall be 10 feet.
|
Exhibit 29-1: Zoning Standards
 |
a.
Front yards: Fences, walls and hedges shall not exceed seven feet
in height, unless the site abuts a residential zone in which case
fencing within 10 feet of the front property line shall be no higher
than four feet.
b.
Rear and side yards: Fences, walls, and hedges shall not exceed seven
feet in height.
c.
Where a property zoned M-1 or M-2 abuts a residential district, a
seven-foot solid block masonry wall shall be constructed between the
two uses.
d.
The outdoor storage of equipment or materials shall be screened from
the view of any adjoining public right-of-way with a seven-foot solid
block wall, or six-foot chain-linked fence with slats and landscaping.
a.
Uses in the M-1 and M-2 Zones shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
b.
Parking lots constructed in M-1 and M-2 Zones shall be designed and
constructed so that within five years of construction, 50% of the
parking lot is shaded by trees.
c.
Parking lots shall be designed to accommodate solid waste pick-up.
d.
Storage areas shall be surfaced with asphalt/concrete or gravel.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall show a tree-planting scheme
in the parking lot that will result in 50% of the parking lot being
shaded within five years.
c.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
d.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
e.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
New development in the Industrial zones shall be designed consistent
with the following guidelines.
a.
Site design.
1.
Industrial development should be designed in a way that fits in with
the surrounding development pattern. This refers to:
(a)
The size and form of new structures in relationship to existing
development. For example, where new buildings and uses are similar
to those on adjoining sites, the design should reflect similar setbacks,
building heights and form, scale and mass, materials, compatible colors
and landscape treatments. The intent is not uniformity, but compatibility;
(b)
The spatial relationship between structures and street right-of-way;
(c)
Circulation patterns;
(d)
Architectural elements in surrounding development.
2.
New buildings should be oriented toward the adjoining public streets,
so that public entrances are a focal point on the building and site
layout.
|
Exhibit 37-2
 The front of this industrial site has the appearance of an office
and has generous landscaping. Equipment storage and industrial activities
are primarily on the back side of the building.
|
3.
The main public entrance to buildings should feature heightened architectural
treatment. For example, if the bulk of an industrial structure is
a metal warehouse, the main entrance/office area should feature special
architectural design consideration, such as:
b.
Landscaping and buffers.
1.
Care shall be taken to design industrial sites with adequate landscaping
and screening, as well as buffering from sensitive nearby/adjacent
uses. Methods to buffer projects should include a combination of increased
setbacks, walls, landscaping, berms, etc.
2.
Projects should present an attractive landscaped frontage along public
streets, with significant landscaped setback areas that include attractive
combinations of turf, groundcovers, shrubs and trees.
3.
Landscaping should include an appropriate combination of turf, shrubs
and shade trees, with an emphasis on low-water-use vegetation. Shade
trees should be emphasized in paved areas where shading can reduce
heat buildup.
4.
For beauty as well as graffiti prevention, climbing vines should
be used to screen masonry walls, including perimeter walls of trash
encloures and other appropriate locations.
c.
Screening.
1.
Buildings, walls and landscaping should be arranged to screen loading
and service bays, equipment storage areas, trash enclosures and mechanical
equipment.
2.
Stored materials may not be stacked or be visible above the height
of screening walls.
3.
Long expanses of fences or walls should be broken up with periodic
columns, insets, landscape pockets or changes in materials. Toward
this end, fence or wall runs greater than 50 linear feet shall be
articulated with architectural offsets and incorporate landscape pockets.
4.
Concrete walls are permitted if faced with masonry or stone, or if
the surface is scored or textured.
|
Exhibit 37-3
 Long expanses of screening walls (particularly along public
streets) should feature varied setbacks and textures.
|
d.
Parking.
1.
Parking areas should not be the dominant visual element of a site.
It is generally preferable to locate parking lots along the side or
to the rear of buildings. Where this is not possible, parking should
be buffered with significant landscaping areas.
e.
Service, delivery and storage areas.
1.
Locate loading docks, outside storage, and service areas in areas
of low visibility such as at the side or at the rear (non-street side)
of buildings. The features must be screened from view from public
streets, by walls, landscaping, or a combination thereof.
2.
With the exception of outside storage areas, when it is not possible
to locate loading facilities and service areas on a non-street side
of a building, loading docks and doors shall not dominate the building
frontage and must be screened from all adjoining public streets.
3.
In no case may outside storage areas be located in the front of a
building.
f.
Signs. Sign regulations found in the sign ordinance must be observed;
however, the following general design guidelines should be utilized.
1.
Signs should be compatible with the design of the building(s) and
its architectural style. The design of freestanding signs should feature
architectural elements that relate the sign to the buildings they
advertise.
2.
Stark color contrasts in signs should be avoided. Sign colors should
be muted - use of significant quantities of primary colors should
be avoided.
3.
Freestanding signs shall be monument-style signs as opposed to pole
signs.
4.
For multitenant buildings or complexes, a coordinated sign design
scheme is required.
a.
In the Industrial Zones, all open and unlandscaped portions of any
lot shall be maintained in good condition, free from weeds, dust,
trash and debris.
b.
No use shall be permitted and no process, equipment, or materials
shall be employed which are found by the Planning Commission to be
injurious to persons residing or working in the vicinity by reason
of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations,
illumination, glare or heavy truck traffic, or to involve any hazard
of fire, explosion, or to emit electrical disturbances which adversely
affect commercial or electronic equipment outside the boundaries of
the site.
c.
No solid or liquid wastes shall be discharged into a public or private
sewage disposal system except in compliance with the regulations of
the owners of the system, and local, state and federal agencies that
regulate disposal of these wastes.
d.
In the Industrial Zones, all uses shall be subject to the regulations
of local, state and federal air quality agencies.
The purpose of the Open Space (O) district is to provide appropriate
locations in the community for a wide range of open space uses, such
as parks and playgrounds, cultural and educational facilities, public
infrastructure systems and environmentally sensitive areas and agriculture.
The following uses are permitted in the O district.
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
a.
Caretaker's dwelling and accessory structures.
b.
Cemeteries and mortuaries (when located on the same site as a cemetery).
c.
Golf courses.
d.
Communications equipment buildings and structures, except for wireless
telecommunications facilities.
e.
Public uses of an administrative, recreational public service, or
cultural type, including City, county, state or federal administrative
centers, libraries, museums, art galleries, police and fire stations,
and other pubic buildings, structures and facilities.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of buildings shall be 35 feet/two
stories, unless a conditional use permit is secured to allow a taller
structure.
c.
Yards.
1.
Front: 35 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a front property
line, and also the side property line for the street side yard on
corner lots.
2.
Side: 20 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a side property line.
3.
Rear: 20 feet, minimum.
|
Exhibit 31-1: Zoning Standards
--Image-1.tif.png) |
a.
Front yards (and street side yards on corner lots): Fences, walls
and hedges shall not exceed three feet in height. A fence or wall
may be four feet in height if more than 50% of the structure is see-through.
b.
Rear and side yards: Fences, walls, and hedges shall not exceed seven
feet in height along any side or rear property line.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
For development projects featuring buildings (such as a library or museum), landscaping and irrigation plan shall be submitted to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
c.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
d.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
e.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
The purpose of the Government (G) district is to provide appropriate
locations in the community for a wide range of public uses that contain
public buildings, open space, public grounds or infrastructure improvements.
The following uses are permitted in the G district.
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: No requirement.
b.
Building height: The maximum height of buildings shall be 35 feet/two
stories, unless a conditional use permit is secured to allow a taller
structure.
c.
Yards.
1.
Front: 10 feet, minimum. Further, parking lots shall be separated
by a landscaped setback of at least 10 feet from a front property
line, and also the side property line for the street side yard on
corner lots.
2.
Side: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet, or where
the site is a corner lot, in which a ten-foot setback is required
on the street side yard.
3.
Rear: No requirement unless the subject property abuts a residential
district, wherein the minimum side yard shall be 10 feet.
|
Exhibit 33-1: Zoning Standards
 Zone--Image-1.tif.png) |
a.
Front yards: Fences, walls and hedges shall not exceed three feet
in height. A fence or wall may be four feet in height if more than
50% of the structure is see-through.
b.
Rear and side yards: Fences, walls, and hedges shall not exceed seven
feet in height along any side or rear property line.
c.
Where a property zoned G abuts a residential district, a seven-foot
solid block masonry wall shall be constructed between the two uses.
Where appropriate, openings should be provided to allow pedestrians
to travel between the two uses.
a.
Uses in the G district shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
b.
Parking lots constructed in G district shall be designed and constructed
so that within five years of construction, 50% of the parking lot
is shaded by trees.
c.
Parking lots shall be separated from buildings by raised sidewalks
or curbing.
d.
Parking lots shall be designed to accommodate solid waste pick-up.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 25-43, (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped.
b.
The landscaping and irrigation plan shall show a tree-planting scheme
in the parking lot that will result in 50% of the parking lot being
shaded within five years.
c.
The landscaping and irrigation plan shall provide for a minimal amount
of turf and shall incorporate a variety of xerophytic plants, mulch
to reduce water use, and an automated irrigation system that incorporates
water conservation technology, including drip irrigation, smart irrigation
controllers, and low-flow irrigation heads.
d.
Parking lots should be screened from adjacent public roadways by
low walls and/or hedges.
e.
Vines and climbing plants should be used on buildings, trellises
and perimeter garden walls in order to soften the appearance on the
buildings.
f.
All trash enclosures shall be surrounded by a six-foot solid block
wall and the area around the enclosure shall be landscaped. The gate
to the enclosure shall be constructed of metal.
New development in the G zone shall be designed consistent with the guidelines shown in § 25-27 (Commercial Design Guidelines).
The purpose of the Urban Reserve (UR) district is to reserve
in a substantially undeveloped state areas planned for future urban
use where, because the areas currently lack public facilities or services,
or because the need for urban expansion within them is not immediate,
it is preferable to prevent the development of uses or structures
which might be premature or conflict with the future planned urban
use of the areas.
The following uses are permitted in the UR district.
a.
Agricultural crops, greenhouses, fruit trees, nut trees, vines, nurseries,
for producing trees, vines and other horticultural stock.
b.
Bovine animals and horses, only when the lot area is 36,000 square
feet or more, and provided that the number of animals shall not exceed
a number equal to four adult animals in any combination per 36,000
square feet of area, with not more than two adult animals or a bovine
or equine kind and their immature offspring per each 36,000 square
feet.
c.
Poultry and rabbits for domestic purposes only.
d.
Storage of petroleum products for use by the occupants of the premises,
but not for resale or distribution.
e.
The sale of agricultural products produced upon the property.
g.
Employee housing, subject to the issuance of a permit by the State
of California Department of Housing and Community Development as provided
in California Health and Safety Code Sections 17021.5 and 17030. The
permit shall be prominently displayed in the housing unit and shall
be provided to any peace officer, City inspector or state inspector,
upon demand.
h.
Accessory buildings and structures including, but not limited to,
stables, barns, pens, sheds and other structures for the housing of
animals and feed, equipment and tools customarily maintained in connection
with permitted uses.
i.
Agricultural
operations.
[Added 5-3-2021 by Ord. No. 21-02]
The following conditional uses may be permitted in accordance with the provisions of § 25-51, Conditional Use Permits.
a.
Apiaries.
b.
Communications equipment buildings and structures, including wireless
telecommunications facilities.
c.
Electrical transmission and distribution substations.
d.
Water pump stations.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
a.
Site area, lot frontage and depth: Each lot shall have a minimum
area of five acres, measured from the center of any abutting roadway,
stream, railroad, or public right-of-way forming a boundary line.
b.
Building height: The maximum height of buildings shall be 35 feet/two
stories, unless a conditional use permit is secured to allow a taller
structure.
 Zone--Image-1.tif.png)
a.
Front yards: Fences, walls and hedges shall not exceed three feet
in height within a required front yard area, and within a required
side yard area in the street side yard of a corner lot. A fence or
wall may be four feet in height if more than 50% of the structure
is see-through.
b.
Rear and side yards: Fences, walls, and hedges shall not exceed seven
feet in height along any side or rear property line.
Uses in the UR district shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
The following standards shall apply to all single-family dwellings,
including manufactured and mobile homes, that are established in the
U-R zone.
a.
The minimum width of a single-family dwelling or a manufactured or
mobile home shall be 20 feet.
c.
All residential dwellings shall be attached to a permanent foundation.
d.
The roofs of all residential dwellings shall be composed of composition
shingles, ceramic tiles, metal or wood shakes or shingles. The pitch
of the roof shall not be less than three inches of vertical rise over
12 inches of horizontal run. The roof overhang shall not be less than
12 inches around the building perimeter.
e.
The exterior siding of all residential dwellings shall be composed
of wood, masonry, plaster, or metal sheathing.
f.
Siding shall extend to the ground, except when a solid concrete or
masonry perimeter foundation or retaining wall is used, in which case
the siding material need only extend to the top of the foundation
or wall.
The purpose of this section is to establish standards for the
development of mobile home parks in Firebaugh. Firebaugh's housing
element acknowledges that these developments serve as a valuable source
of housing for the elderly and households in the lower- to moderate-income
categories. Further, the higher densities of mobile home parks can
help to conserve valuable farmland.
The following uses are permitted by administrative approval,
subject to development standards contained in this chapter.
a.
Accessory buildings and structures, including garages, sheds and
similar on the site of an approved and developed mobile home park.
b.
Swimming pools, on the site of an approved and developed mobile home
park.
c.
Home occupations [subject to standards contained in § 25-41 (Special Uses)] on the site of an approved and developed mobile home park.
d.
Drainage basins.
e.
Water well sites.
f.
Utility facilities, including electrical substations, elevated pressure
tanks, and communication equipment buildings (except for wireless
telecommunications facilities).
g.
Model mobile homes, sales offices and temporary construction materials
storage yards associated with the development of a permitted mobile
home park.
The following uses shall be permitted upon the granting of a conditional use permit consistent with § 25-51, Conditional Use Permits.
a.
Mobile home parks.
b.
Rental of spaces within a separate, designated section of a residential
mobile home park for short term use by travel trailers and recreational
vehicles. These spaces shall not exceed 20% of the total number of
mobile home lots in the mobile home park. "Short-term use" shall mean
an individual or cumulative period of occupancy within the mobile
home park of not more than 30 days during any twelve-month period.
c.
Coverage. No more than 75% of an individual space shall be covered
with structures, including the mobile home, carport, patio, and storage
buildings.
d.
Unit size: All mobile homes shall have a minimum width of 12 feet
and a minimum length of 40 feet.
e.
Setbacks.
g.
Open space: 5% of the gross area of any mobile home park shall be
devoted to usable open space. Space for streets and required setback
areas may not be counted toward this open space requirement.
h.
Landscaping.
1.
All setback areas that front onto a public street shall be provided
with landscaping and an automated irrigation system.
2.
In order to conserve water, not more than 50% of the landscaping
shall be devoted to turf. Shrubs planted shall be drought-tolerant
species. Artificial lawn shall be considered as a landscaping option.
3.
The front yard of each individual mobile home lot shall be landscaped.
i.
Building height: Residential structures shall not exceed 25 feet/two
stories in height; Accessory structures shall not exceed 12 feet in
height.
A seven-foot solid block wall shall be constructed along all
property lines that surround the mobile home park; however, the fence
shall be reduced to three feet within the required front yard area.
a.
Resident parking: Each mobile home space shall provide two off-street
parking stalls. Said stalls may be designed as tandem stalls. Each
stall shall have a minimum width of 10 feet and a minimum depth of
20 feet. All stalls shall be paved consistent with Firebaugh's Improvements
Manual.
b.
Guest parking: There shall be one guest parking space provided within
the mobile home park for every two mobile homes. The location of guest
parking shall be approved as part of the conditional use permit for
the mobile home park.
a.
Each mobile home shall be connected to City water and sewer service.
b.
Each mobile home pad shall consist of a base material adequate to
support a mobile home.
c.
All tongues and tow bars shall be removed once a mobile home is fixed
to the lot.
d.
All mobile homes shall be fitted with skirting, extending from the
floor level of the mobile home to the ground.
e.
An on-site manager shall be required for all mobile home parks containing
16 or more mobile home units.
Signs shall be consistent with the requirements detailed in § 25-47, Signs.
a.
The purpose of the Planned Development (PD) overlay district is to
promote development designs that respond to significant planning-related
issues facing Valley cities, including the need to protect air quality,
reduce urbanization of agricultural land, housing affordability, traffic,
aesthetics and the desire to promote more livable neighborhoods.
b.
The Planned Development overlay district is structured to produce
a comprehensive development that is superior to traditional development
that results from the application of conventional zoning standards.
The PD overlay district can be combined with any single-family,
multifamily, commercial or industrial district identified in the zoning
ordinance. For purposes of identification on the Zoning Map, an established
PD overlay district shall be suffixed with the zoning notation of
the district with which it is combined [e.g., R-1 (PD) or C-2 (PD)].
Uses permitted in the PD Zone are those listed on the permitted
use list of the underlying district to which the Planned Development
district is being combined.
Uses permitted subject to a conditional use permit are those
listed on the conditional use list of the underlying district to which
the Planned Development district is being combined.
As part of an application for a zoning ordinance amendment to
reclassify property to the Planned Development overlay district, the
applicant shall submit to the City a development plan, which shall
include the following:
a.
Legal description and boundary survey map of the exterior boundaries
of the land to be developed.
b.
A comprehensive description of zoning standards of the underlying
zone to which flexibility is being requested.
c.
A site plan of the project that shows information that is required, consistent with § 25-53, Site Plan and Design Review, of this Ordinance.
d.
Elevation drawings of structures and other major building features
of the project.
e.
A phase plan, if applicable.
f.
The location and general arrangement of all open space, landscaping
and hardscape areas.
g.
An infrastructure and utilities plan.
No development shall be constructed on any lot or site in this district until a development plan has been submitted and approved consistent with Site Plan and Design Review (§ 25-53) or a parcel or subdivision map (consistent with the Firebaugh Subdivision Ordinance),[1] as the case may be, as well as a zone change (consistent with § 25-49).
The following additional development standards together with
applicable standards specified in the underlying base zone shall apply
to all land and structures within this planned development overlay
district, unless flexibility in standards has been clearly identified
as part of the development application.
a.
The minimum site area of a planned residential development shall
be 15,000 square feet.
b.
All PD projects shall comply with design guidelines that are applicable
to the underlying zone.
c.
For residential projects, an increase in density of up to 25% may
be requested as long as a finding can be made that the request furthers
the intent of the PD zone.
d.
A decrease in lot size may be requested as long as a finding can
be made that the request furthers the intent of the PD zone.
e.
A reduction in street width may be requested as long as a finding
can be made that the request furthers the intent of the PD zone and
the request complies with street safety standards.
f.
A reduction in yard setbacks may be requested as long as a finding
can be made that the request furthers the intent of the PD zone.
g.
At least 10% of the gross area of the site, excluding public streets,
shall be improved for common open and recreational space.
h.
The conservation of natural site features such as topography, vegetation
and water courses shall be considered in the project design.
A planned development district may be established after the
Planning Commission and the City Council, respectively, have made
the following findings:
a.
That the area proposed to be so zoned is generally suitable for the proposed project but for reasons affecting public health, safety, comfort, general welfare and orderly community growth or to promote innovative development that responds to community needs, it is appropriate to classify such area within the planned development district, subject to a development plan provided for in this § 25-39.
b.
That the proposed project authorized by the planned development zone
will provide benefits and safeguards equal to, or greater than those
that would be provided by the regulations applicable to the underlying
zone district, with respect to public health, safety, comfort and
general welfare and orderly physical growth and development of the
City.
c.
All owners of the property within the proposed planned development
zone have consented in writing to the adoption of the district and
development plan.
The purpose of this chapter is to establish procedures, development
standards, and location criteria for special uses within the City
of Firebaugh. Special uses are those uses that are listed in specific
zones which have unusual characteristics and may have the potential
for pronounced impacts on their surroundings, and where the City has
established standards for the design and operation of such uses. These
standards are intended to ensure that these uses do not have an adverse
impact on the public health, safety, or welfare. Special uses and
specific development standards for each are listed as follows.
Persons wishing to conduct a home occupation (which is clearly
incidental and secondary to the use of a building as a residential
dwelling) shall apply for a business license/home occupation permit
through the Finance Department. Home occupations shall comply with
the following regulations.
a.
Home occupations may include:
1.
Consultive professional occupations, whose function is one of rendering
a service and does not involve the dispensing of goods or products.
2.
Secondary business offices associated with the resident, where said
business has its principal office, staff and equipment located elsewhere.
3.
The giving of music lessons and similar occupations.
4.
The home office of a sales person, where all sales are done by written
order with no commodities or displays on the premises.
5.
Drafting, designing and the like, using only normal equipment associated
with the activity.
6.
Homemade foods businesses subject to standards of the California
Homemade Foods Act (as codified in Government Code Section 51035),
and the following City standards:
(a)
There shall be no employment of help outside the residents of
the dwelling, except for one full-time employee.
(b)
All food preparation in conjunction with a homemade food business
must take place in the residence's existing kitchen.
(c)
Prior to granting of a City business license the applicant shall
obtain a permit from the Fresno County Environmental Health Department.
The City business license shall not be effective until that permit
or approval is obtained, and shall automatically expire if the other
required permit or approval expires, is disapproved or is revoked.
(d)
A copy of the Fresno County Environmental Health Department
permit to operate shall be provided to the City planning department
within 10 working days of the issuance of that permit or approval.
b.
Notwithstanding standards for homemade food businesses, the following
criteria shall apply for the evaluation of a home occupation:
1.
There shall be no employment of help other than members of the resident
family.
2.
There shall be no use of material or mechanical equipment not recognized
as being part of normal household or hobby uses.
3.
There shall be no sales of products or services not produced on the
premises.
4.
The use shall not generate vehicular or pedestrian traffic beyond
that normal to the district in which it is located.
5.
The activity shall not involve the use of commercial vehicles for
delivery or materials to or from the premises, other than one vehicle
not to exceed one ton, owned by the operator of such home occupations.
6.
There shall be no excessive or unsightly storage of materials or
supplies, indoor or outdoor, for purposes other than those permitted
in the district.
8.
Not more than one room in the dwelling shall be employed for the
home occupation.
9.
In no way shall the appearance of the structure be so altered or
the conduct of the occupation within the structure be such that the
structure may be reasonably recognized as serving a nonresidential
use (either by color, materials or construction, lighting, signs,
sounds or noises, vibrations, etc.).
10.
There shall be no use of utilities or community facilities beyond
that normal to the use of the property for residential purposes as
defined in the district.
Mixed-use developments are permitted in Firebaugh's commercial
zones subject to the following standards:
a.
Development standards. Mixed-use developments are subject to site plan review (consistent with the requirements of § 25-53) and shall comply with the development standards of the underlying zone (concerning lot size and dimensions, setbacks, building height and coverage, etc.) except that residential development shall comply with density standards of the R-3 Zone (which allow a density up to one dwelling per 1,500 square feet of lot area) and also that projects may request a reduction of up to 50% in the number of parking spaces that are required for each distinct use on the site, as shown in § 25-45 (Auto and Bicycle Parking and Loading). Said request for a parking reduction shall be incorporated into the site plan review application and is not subject to a variance.
a.
Locational criteria. All new service stations must have frontage
on a road classified in the Firebaugh Circulation Element as a collector
or arterial road.
b.
Site design criteria:
1.
Pump islands shall be at least 18 feet from any street right-of-way.
In addition, a landscape planter at least five feet wide shall be
located between a pump island and the street right-of-way.
2.
Access driveways shall be a minimum width of 30 feet, and shall be
no closer than 20 feet from the nearest curb line of any intersecting
street.
3.
All vehicle repair activities shall be entirely within a building
or enclosed area.
4.
A site plan for a service station shall include information to demonstrate
proper maneuverability of fuel delivery vehicles onto and off of the
site.
a.
Purpose: The purpose of a temporary use permit is to provide for
the short-term use of property and structures that are consistent
with the purpose and objectives of this Ordinance.
b.
Temporary uses and activities: The following uses and activities
are eligible for a temporary use permit. The Planning Commission,
by resolution, may add other uses to the list. The Planning Director
shall determine the appropriate districts for the uses and activities
listed below.
1.
Christmas tree sales.
2.
Promotional displays and activities, including amusement rides, street
dances, concerts, live entertainment and promotional outdoor displays
and sales. These activities may be conducted in any nonresidential
district. Temporary signs are permitted with the approval of Planning
Director. All display material, signs and related improvements shall
be removed no later than 24 hours from the end of the activity. Sales
areas shall be located where adequate parking is available and sight
distances at intersections and driveways must not be obstructed.
3.
Temporary uses. The temporary use of property by nonprofit or charitable
organizations, including activities such as expositions, concerts,
carnivals, amusement rides, and church revivals.
4.
Temporary outdoor sales. Temporary outdoor sales, sidewalk sales
and parking lot sales in association with a permitted business for
which there is an enclosed building. No off-site signs shall be permitted
and no more than six of these events shall occur on the subject property
per calendar year.
5.
City-sponsored uses and activities, not occupying a structure and
occurring at regular periodic intervals.
d.
Applicant and fee: An application and fee for a temporary conditional
use permit shall be made to the Planning Department on a form prescribed
by the Department. The application shall be accompanied by a fee set
by resolution of the City Council.
e.
Report and findings: The Planning Director is authorized to review
and approve temporary conditional use permits subject to reviewing
the following findings. The Director may add conditions to ensure
consistency with the purpose and objectives of this Ordinance including
the following:
1.
That egress and ingress and off-street parking facilities are properly
designed and adequate to serve the use.
2.
That the site is adequate in size and location and has the proper
accessibility to accommodate the use.
3.
That there are adequate public services, including fire protection,
water supply, wastewater disposal, and police protection to serve
the use.
4.
That upon termination of the use the site shall be restored to its
original condition. All materials and equipment associated with the
temporary use shall be removed.
5.
That reasonable time limits be established for the use, not to exceed
30 days.
6.
That the applicants for a temporary use permit shall have all applicable
licenses and permits.
7.
That signage for the use be approved by the Planning Department.
f.
Processing: Temporary use permits may be processed as an administrative
matter by the Planning Director. Following a decision by the Director,
an administrative agreement shall be prepared that outlines the findings
and conditions on the temporary use permit.
Where listed as a permitted use in a particular zone, one permanent
accessory dwelling is allowed for purposes of housing a caretaker,
subject to the following standards.
a.
Supplementary statement. The application shall include a statement
with explanation of the need for caretaker quarters and the responsibilities
of the caretaker/resident.
b.
Status of caretaker. The resident of the dwelling shall be the owner
or lessor, or an employee of the owner or lessor of the site.
c.
Type of use requiring a caretaker. The principal use of the site
must require a caretaker for security purposes, or for care of people,
plants, animals, equipment, or other conditions on the site, or for
needed housing for the owner or operator of a business.
d.
Permitted zones and allowable location for a caretaker dwelling.
In the C-1, C-2, C-3, and G Zones, such dwelling shall be located
on the second floor, or to the rear of a principal building. In the
M-1 and M-2 Zones, such dwelling may be located in accordance with
the needs of the applicant. In all zoning districts, a caretaker residence
is to be located on the same lot of record or contiguous ownership
as the use requiring a caretaker.
e.
Type of dwelling unit allowed. Caretaker residences shall be a standard
site-built home, a modular home, or an apartment-type unit if the
caretaker residence is to be integral with a principal structure.
f.
Parking requirement. None, provided sufficient usable area is available
to accommodate all resident vehicles on-site.
The purpose of this section is to control the approval and location
of all modular structures within the City of Firebaugh and to ensure
that the uses of said structures, which shall meet the use requirements,
zoning standards and design guidelines of the district in which the
property is located, will not have a detrimental effect on the appearance
of Firebaugh nor on surrounding properties. Regulation of modular
structures is therefore deemed necessary to promote the public health,
safety, and welfare of residents of the City of Firebaugh. "Modular
structure" shall mean any designed, manufactured, remanufactured,
used, or converted to a transportable building for use for commercial,
office, or industrial purposes.
a.
A permanent modular structure shall be subject to site plan review, consistent with § 25-53 and the applicable zoning standards and design guidelines for that particular zone, and shall comply with the following special development standards:
1.
A permanent modular structure shall be place on a permanent foundation.
2.
In addition to design guidelines that apply to the particular zone,
a permanent modular structure shall be of an architectural style that
is consistent with buildings in the surrounding neighborhood. The
modular structure shall require skirting around the base of the structure.
3.
Permanent parking spaces and unloading zones shall be required consistent with § 25-45, Auto and Bicycle Parking and Loading.
4.
Landscaping and irrigation shall be required consistent with § 25-43, Landscaping, Irrigation and Grading.
5.
The business or use conducted within the structure shall secure a
business license from the City of Firebaugh prior to being open to
the public.
b.
A temporary modular structure shall be approved by the Planning Director
and shall comply with the development standards below. Construction
management offices and model home offices shall be exempt from the
time limitation standard.
1.
A temporary modular structure shall be removed from the subject property
within 30 days unless a longer period of time is requested.
2.
A temporary modular structure shall require skirting around the base
of the structure.
3.
The business or use conducted within the structure shall secure a
business license from the City of Firebaugh prior to being open to
the public.
Recycling and buyback centers are permitted uses in the C-3,
M-1 and M-2 Zones, subject to a conditional use permit. The conditions
and development standards for recycling/buyback centers shall be as
follows:
a.
The location of these centers shall be conducted in a parking lot
that is associated with a commercial use. The centers should not be
permitted to locate in the front of any commercial storefront but
should be established on the side or rear of the commercial development.
b.
The recycling/buyback centers shall provide trash containers.
c.
At the conclusion of daily business, the area around the center shall
be cleaned of all trash and debris, and the trash containers shall
be emptied.
d.
The recycling or buyback of batteries or hazardous waste materials
shall not be permitted.
One second dwelling unit may be established as an addition to
an existing residential dwelling unit, or as a separate freestanding
dwelling unit, consistent with development standards of the zone in
which the unit is located, and with the requirements of this subsection.
A second dwelling unit may be a site-built structure, or a manufactured
home as defined by Section 18007 of the Health and Safety Code, provided
that mobile homes, trailers and recreational vehicles are not permitted
to be used as a second dwelling unit.
a.
Development standards: All second dwelling units shall be established
and maintained in conformity with the following standards:
1.
Zoning: A second dwelling unit shall be permitted only on lots zoned
R-1 (Single-Family Residential), as shown on the Official Zoning Map
of the City of Firebaugh. Second dwelling units are not permitted
on lots zoned R-1-4.5 or R-1-5 or any other zone district.
2.
Minimum lot size: A second dwelling unit shall be permitted only
on a properly-zoned lot that contains at least 6,500 square feet.
3.
Yards: A second dwelling unit shall comply with yard requirements of the R-1 Zone, as listed in § 25-15 [R-1 Zone (Conventional Single-Family Residential) Zones].
4.
Space between buildings: A second detached dwelling unit shall be
located no closer than 10 feet to any other residential building on
the same parcel, and not less than six feet from any accessory building.
5.
Building height: No second dwelling unit shall have a height greater
than two stories, not to exceed 25 feet.
6.
Lot coverage: The total lot coverage by a second dwelling unit and
all other buildings and structures shall not exceed 30% of the total
lot area.
7.
Unit size: The increased living area of a second dwelling unit that
is attached to the primary dwelling shall not exceed 30% of the existing
living area of the primary dwelling. A second unit that is detached
from the primary dwelling shall not exceed 1,300 square feet of floor
area.
8.
Parking: There shall be one paved on-site parking space for a second
dwelling unit. The space shall be a minimum of nine feet wide and
20 feet deep and constructed to City standards. The space shall be
in addition to on-site parking spaces required for the primary dwelling
on the lot. The parking space for the second dwelling unit may be
situated as a tandem parking space within an existing driveway, provided
that parking space requirements are maintained for the primary dwelling
unit. If additional paved parking is required to accommodate a second
unit, it shall not be located within a required front yard, except
within a legal driveway that is not wider than necessary to accommodate
two parking spaces side by side; however, said parking space may be
located within required side or rear yards. There shall be no conversion
of a garage of a primary dwelling unit into a second dwelling unit,
unless all parking requirements are otherwise met for the primary
dwelling unit.
9.
Architectural appearance: The second dwelling unit's scale, appearance
and character shall be similar to and compatible in design with the
primary dwelling unit in terms of siding materials and color, window
types, roofing pitch and materials. Further, the second dwelling unit
shall be clearly subordinate to the primary dwelling unit by size,
location and appearance. If attached to the primary dwelling unit,
a second dwelling unit shall be attached in a manner that the addition
will create the appearance of an enlargement of the primary dwelling
unit, and a logical extension of roof and walls of the primary dwelling
unit, rather than give the appearance of an add-on unit.
10.
Building Code: A second dwelling unit shall be subject to all applicable
building, fire, health and safety codes.
11.
Occupancy: The owner of the subject property at the time of the application
and all future owners of the property shall reside in one of the dwelling
units. A covenant, in a form approved by the City Attorney, running
with the land between the City and the applicant shall be recorded
with the Fresno County recorder's office prior to the issuance of
any building permits, requiring that the primary or proposed second
dwelling unit shall be occupied by the owner of the property.
12.
Access: In order to preclude the appearance of a duplex unit, access
to the second dwelling unit shall be by an exterior doorway located
on the side or rear of the second dwelling unit. In no case shall
the entrance be visible from a public street right-of-way.
13.
Utilities: A second dwelling unit shall be provided with water, sewer,
and other utilities as determined by the building official.
14.
Existing dwellings: Any second dwelling unit existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the second dwelling unit meets the standards of this subsection or the second dwelling unit qualifies as a permitted nonconforming use under § 25-61 (Nonconforming Uses and Structures) of this title.
b.
Permit process: The applicant shall submit a building permit application
for the construction of a second dwelling unit. The Planning Director
or his designee shall review the application to determine whether
it complies with the requirements of this section.
The purpose of this section is to provide uniform standards
for the desired design, placement, permitting, and monitoring of telecommunication
facilities consistent with applicable federal requirements. The standards
are intended to address adverse visual impacts and operational effects
of these facilities through appropriate design, siting, screening
techniques and locational standards while providing for the communication
needs of residents, local businesses, and government agencies. Wireless
telecommunication facilities include residential and commercial TV
antennas and satellite antennas; public safety facilities; telecommunication
facilities accessory to public equipment for data acquisition such
as irrigation controls; well monitoring and traffic signal controls,
telecommunication facilities erected for emergency situations and/or
public information coverage with a duration of less than seven days;
satellite Earth Station facilities not exceeding two meters in diameter
or in diagonal measurement and television and AM/FM radio antennas
for commercial purposes, and monopoles and lattice towers for cellular
phones and similar devices. The following location criteria and development
standards shall apply to all wireless telecommunications equipment.
a.
With the exception of monopole and lattice tower facilities, all
wireless telecommunication equipment listed above shall be permitted
uses in all of Firebaugh's zone districts.
b.
Monopoles and lattice tower facilities are classified as permitted
subject to a conditional use permit in the C-3, M-1, M-2, G and UR
zones. These facilities shall be prohibited in all other zones.
c.
Monopoles and lattice towers shall be located on the rear half of
the parcel, unless aesthetic benefits are achieved through an alternative
location or stealth design techniques can be employed.
d.
Monopoles and lattice towers shall not be permitted within 1,000
feet of an existing tower.
e.
Consideration shall be given to the use of "stealth" facilities in
place of utilitarian monopoles and lattice towers. Examples of stealth
facilities include towers disguised as trees, flag poles, or mounted
on existing facilities, such as water towers, steeples, etc.
a.
Purpose and intent.
1.
It is the purpose and intent of this Ordinance to regulate sexually
oriented businesses to promote the health, safety, morals, and general
welfare of the citizens of Firebaugh and to establish reasonable and
uniform regulations to prevent any deleterious location and concentration
of sexually oriented businesses within the City, thereby reducing
or eliminating the adverse secondary effects from such sexually oriented
businesses. The provisions of this Ordinance have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this ordinance to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of the ordinance to condone or
legitimatize the distribution of obscene material.
2.
One of the important purposes of the regulations set forth in this
section is to discourage and to minimize the opportunity for criminal
conduct. As such, nothing in this section shall permit or be interpreted
to permit any use, conduct, and/or activity which is specifically
prohibited under the following California Penal Code sections:
(a)
Receipt of money for placement of persons for purposes of cohabitation
(Penal Code § 266d);
(b)
Purchase of persons for purposes of prostitution of placement
of persons for immoral purposes (Penal Code § 266e);
(c)
Sale of persons of immoral purposes (Penal Code § 266f);
(d)
Pimping (Penal Code § 266h);
(e)
Pandering (Penal Code § 266i);
(f)
Lewd or obscene conduct (Penal Code § 314);
(g)
Houses of ill-fame (Penal Code § 315);
(h)
Disorderly houses which disturb the immediate neighborhood (Penal
Code § 316);
(i)
Places of prostitution (Penal Code § 317);[1]
[1]
Editor's Note: Penal Code § 317 was repealed by
Stats. 1937, c. 399, p. 1324, § 30000.
(j)
Place of prostitution; place of lewdness; place used as bathhouse
permitting conduct capable of transmitting AIDS (Penal Code § 11225).
3.
Nothing in this section shall be interpreted to permit or permit
any use, conduct, and/or activity which violates any federal, state
or local law of regulation.
b.
Establishment and classification of businesses regulated. The establishment
of any sexually oriented business shall be permitted only in the zone
district permitted, and shall be subject to the following restrictions:
No person shall cause or permit the establishment of any sexually
oriented businesses, as defined above, within 1,000 feet of any sensitive
land use, as defined above. These limitations apply to sexually oriented
businesses classified as follows:
c.
Measurement of distance: The distance between any sexually oriented
business and any sensitive land use shall be measured in a straight
line, without regard to intervening structures or objects from property
line to property line.
d.
Location of sexually oriented business: The City of Firebaugh's Zoning
Ordinance requires that sexually oriented businesses shall be allowed
only in a zone where such uses are specifically permitted —
the M-2 (Heavy Industrial) zone, at the time of adoption of this Ordinance.
Permits for sexually oriented businesses shall be required and governed
by the procedures and policies specified in the City of Firebaugh
Municipal Code. In addition, any sexually oriented business shall
be subject to the following restrictions:
e.
Nonconforming uses.
1.
Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of § 25-41.11e shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two-year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues its business operation for a period of 30 days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
2.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business permit and/or
license, within 1,000 feet, of a sensitive land use. This provision
applies only to the renewal of a valid permit and/or license, but
this provision does not apply when an application for a permit and/or
license is submitted after a permit and/or license has expired or
has been revoked.
3.
Abandonment. Notwithstanding the above, any discontinuance or abandonment
of the use of any lot or structure as an adult-oriented business shall
result in a loss of legal nonconforming status of such use.
4.
Amortization — annexed property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of § 25-41.11e, shall be terminated within two years of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of § 25-41.11f1.
f.
Injunction: A person who operates or causes to be operated a sexually
oriented business without having a valid permit due to location restrictions
is subject to a suit for injunction as well as prosecution for the
misdemeanor punishable by a fine of $1,000 and/or 180 days imprisonment,
or by both such fine and imprisonment. If an injunction is sought
and granted, the sexually oriented business shall be obligated to
pay the City, attorneys' fees and costs of the City, at the discretion
of the Court.
g.
Exception for certain nude modeling: It is a defense to prosecution
under this Ordinance if a person appearing in a state of nudity did
so in a modeling class operated:
1.
By a proprietary school, licensed by the State of California; a college,
junior college, or university supported entirely or partly by taxation;
2.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
3.
In a structure:
(a)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
(b)
Where, in order to participate in a class a student must enroll
at least three days in advance of the class; and
(c)
Where no more than one nude model is on the premises at any
one time.
[Amended 12-5-2022 by Ord. No. 22-04]
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to § 25-45 (Auto and Bicycle Parking and Loading).
a.
Site design standards.
1.
Access. There shall be only one access point to a storage yard for
each 300 feet of street frontage. Such access point is to be a maximum
width of 20 feet and shall be provided with a solid gate or door.
2.
Screening. A storage yard, except a temporary offsite construction
yard, is to be screened from public view on all sides by solid wood,
painted metal or masonry fencing, or chain link fencing with vinyl
slats or other screening mechanism, with a minimum height of six feet.
All required screening shall be continuously maintained in good condition
to assure that its intended purpose is accomplished.
3.
Parking requirement. None, provided that sufficient usable area is
available to accommodate all employee and user parking needs entirely
on-site.
4.
Site surfacing. A storage yard shall be surfaced with concrete, asphalt
paving, crushed rock, or oiled earth, and be maintained in a dust-free
condition.
5.
Office facilities. When no buildings exist or are proposed on a storage
yard site, one commercial coach may be utilized for an office, provided
that such vehicle is equipped with skirting, and installed pursuant
to the permit requirements of the Building Code.
b.
Operation. Except for vehicles or freestanding equipment, materials
within a storage yard are not to be stacked or stored higher than
six feet, unless a higher wall or fence is constructed at the required
setback line under an approved building permit.
[Amended 11-20-2017 by Ord. No. 17-03; 6-4-2018 by Ord. No. 18-02]
It is the purpose and intent of this § 25-41.13 to promote the health, safety, morals, and general welfare of the residents and businesses within the City by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of cannabis, whether for medical purposes or recreational or adult use as currently allowed under state law.
[Amended 7-15-2019 by Ord. No. 19-03]
For purposes of this chapter, these words and phrases shall
be defined as follows:
The Medicinal and Adult Use Cannabis Regulation and Safety
Act ("MAUCRSA"), including implementing regulations, as the Act and
implementing regulations may be amended from time to time. Definitions
in this section referencing provisions of the Act shall also include
amendments to the Act.[1]
A person who is required to file an application for a permit
under this chapter.
The owner(s) of the cannabis operations. "Owner" means any
of the following:
A person with an aggregate ownership interest of 20% or more
in the person applying for a license or a licensee, unless the interest
is solely a security, lien, or encumbrance.
The chief executive officer, president, and vice president of
a nonprofit or other corporate entity.
A member of the board of directors of a nonprofit.
An individual who will be participating in the direction, control,
or management of the entity or person applying for a license.
Shall have the meaning set forth in California Business and
Professions Code section 26001, subdivision (f). "Cannabis" and "marijuana"
may be used interchangeably, but shall have the same meaning.
Any facility or location, whether fixed or mobile, and any
building or structure, where cannabis is made available to, transferred
by, or transferred to more than two persons for sale or barter, including,
but not limited to, all retail sales.
Cannabis that has undergone a process whereby the plant material
has been transformed into a concentrate, including, but not limited
to, concentrated cannabis, cannabidiol (CBD), or an edible or topical
product containing cannabis or concentrated cannabis and other ingredients.
The City of Firebaugh.
An association within California of qualified patients, persons
with valid identification cards, and designated primary caregivers
to cultivate cannabis for medical purposes as may have been allowed
under the Compassionate Use Act of 1996, the "Medical Marijuana Program
Act," or the California "Medical Cannabis Regulation and Safety Act"
adopted on October 9, 2015 through legislative bills AB 243, AB 266,
and SB 643.[2]
Any commercial cannabis activity, and all facilities and
equipment that support that activity, as set forth in California Business
and Professions Code section 26001, subdivision (k) and allowed under
the Act, and as the Act and implementing regulations may be amended
from time to time.
The permit required under this chapter to operate a commercial
cannabis operation within the City of Firebaugh boundaries.
Shall have the meaning set forth in California Business and
Professions Code Section 26001, subdivision (l) and shall also include
the storage of one or more cannabis plants or any part thereof in
any location.
Shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (p), shall also include mobile dispensaries, as defined above, retail cannabis sales at any location other than a permitted commercial cannabis operation under this § 25-41.13, and any technological platform that enables persons to arrange or facilitate the transfer of cannabis.
The permit required under this § 25-41.13 for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, other than solely as a vender or a certificated common carrier.
The use of cannabis for the purposes set forth in California
Health and Safety Code Sections 11362.5 and 11362.7 et seq.
The business owner and any other person designated by the
business owner as responsible for the day-to-day commercial cannabis
operation.
The ordinance enacting this § 25-41.13 and including the terms of this and related sections, which may be commonly referred to as the City's "Cannabis Control Ordinance."
The Police Chief of the City of Firebaugh or his or her designee.
The designated structure or structures and land specified
in the application that is owned, leased, or otherwise held under
the control of the applicant or permittee where the commercial cannabis
operation will be or is conducted. The premises shall be a contiguous
area and shall only be occupied by one permittee.
The fee owner(s) of the premises where commercial cannabis
operations are occurring.
Shall have the same definition as set forth in California
Health and Safety Code Sections 11362.5 and 11362.7, et seq.
The title holder of real property within the City of Firebaugh.
Shall have the same definition as set forth in California
Health and Safety Code Sections 11362.5 and 11362.7, et seq.
All uses of cannabis not included within the definition of
medicinal cannabis use.
The business owner, operator, manager(s), and any employee
having significant control over the commercial cannabis operations.
[1]
Editor's Note: See Business and Professions Code § 26000
et seq.
[2]
Editor's Note: See Health and Safety Code §§ 11362.5
and 11362.775, and Business and Professions Code § 205.1,
respectively.
To the extent that the City is required to allow the cultivation
of medical marijuana under state law and, except as provided for in
this Ordinance, the rules set forth herein shall apply.
a.
Personal-use cultivation. An individual qualified patient or person
with an identification card shall be allowed to cultivate medicinal
cannabis indoors within his/her private residence, or an attached
garage. For owner-occupied residences, cultivation shall be allowed
in an accessory building on the same property. A primary caregiver
shall only cultivate medicinal cannabis at the residence of a qualified
patient or person with an identification card for whom he/she is the
primary caregiver. Medicinal cannabis cultivation for personal use
shall be subject to the following requirements:
1.
Area. The medical marijuana cultivation area shall not exceed
32 square feet measured by the canopy and not exceed 10 feet in height
per residence. This limit applies regardless of the number of qualified
patients or persons with an identification card residing in the residence.
The cultivation area shall be a single, contiguous designated area.
2.
Lighting. Medicinal cannabis cultivation lighting shall not
exceed a total of 1,200 watts.
3.
Building code requirements. Any alterations or additions to
the residence, including garages and accessory buildings, shall be
subject to applicable building and fire codes, including plumbing
and electrical, and all applicable zoning codes, including lot coverage,
setback, height requirements, and parking requirements.
4.
Gas products or flammable or volatile chemicals. The use of
gas products (carbon dioxide, butane, etc.) or flammable or volatile
chemicals for medicinal cannabis cultivation or processing is prohibited.
5.
Evidence of cultivation. No evidence of medicinal cannabis cultivation
shall be visible from a public right-of-way or from adjacent property.
6.
Residence. The qualified patient or person with an identification
card shall reside in the residence where the medicinal cannabis cultivation
occurs.
7.
Incidental use. The residence shall maintain kitchen, bathrooms,
and at least one bedroom for their intended uses. Such rooms shall
not be used primarily for cannabis cultivation.
8.
Ventilation. The medicinal cannabis cultivation area shall include
a ventilation and filtration system designed to ensure that odors
from the cultivation are not detectable beyond the residence, or beyond
the property line for detached single-family residences, and designed
to prevent mold and moisture and otherwise protect the health and
safety of persons residing in the residence. This shall include, at
a minimum, a system meeting the requirements of the current, adopted
edition of the California Building Code § 1203.4, Natural
Ventilation, or § 402.3, Mechanical Ventilation, or its
equivalent(s).
9.
Storage of chemicals. Any chemicals used for medicinal cannabis
cultivation shall be stored outside of the habitable areas of the
residence and outside of public view from neighboring properties and
public rights-of-way.
10.
Nuisance. The medicinal cannabis cultivation area shall not
adversely affect the health or safety of the nearby residents by creating
dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration,
or other impacts, nor shall it be hazardous due to the use or storage
of materials, processes, products or wastes, or from other actions
related to the cultivation.
11.
Property owner authorization. For rental properties, the lessee
shall obtain written authorization from the property owner or property-management
company to cultivate personal-use or medical marijuana. Such written
authorization shall be maintained on the premises at all times and
presented at the request of the City.
12.
Additional requirements for garages and accessory buildings.
The following additional requirements shall apply for personal-use
cultivation that occurs in a garage or accessory building: A) The
garage or accessory building shall be secure, locked, and fully enclosed,
with a ceiling, roof or top, and entirely opaque; B) the garage or
building shall include a burglar alarm monitored by an alarm company
or private security company; C) the garage or building, including
all walls, doors, and the roof, shall be constructed with a firewall
assembly of green board meeting the minimum building code requirements
for residential structures and include material strong enough to prevent
entry except through an open door; and D) extension cords or other
makeshift equipment on the exterior of a building used to supply power
for cannabis cultivation is prohibited.
13.
Posting of physician recommendation or identification card;
posting of owner permission. A copy of a qualified patient physician
recommendation or identification card shall be posted in a conspicuous
place in the cultivation area for each patient residing in the residence
who is cultivating medicinal cannabis. For rental properties, a copy
of the owner's written authorization to cultivate medicinal cannabis
shall be posted in the same manner.
b.
Collective or cooperative cultivation. The collective or cooperative
cultivation of medicinal cannabis is prohibited in the City of Firebaugh.
To the extent that the City is required to allow the cultivation of recreational or adult use cannabis under state law, and except as provided for in § 25-41.13.6, the rules set forth herein shall apply.
a.
State law limits. The cultivation of recreational or adult use cannabis
shall be subject to the limits set forth in any applicable state law.
At the time of adoption of this chapter, applicable state law limits
the cultivation of recreational or adult use cannabis to six plants
per residence.
b.
Compliance with medicinal cannabis personal-use cultivation rules. All persons lawfully allowed to cultivate recreational or adult use cannabis under State law shall be subject to the same rules, requirements, and limitations applicable to the personal-use cultivation of medical marijuana set forth in § 25-41.13.2a.
a.
Commercial cannabis operations. Except as provided for in §§ 25-41.13.5 and 25-41.13.6, commercial cannabis operations as defined in § 25-41.13.2 are prohibited within the City of Firebaugh.
b.
Dispensaries. Cannabis dispensaries as defined in § 25-41.13.2 are allowed, subject to the regulatory standards set forth in this § 25-41.13 to operate within the designated land use zones of the City of Firebaugh. No more than one cannabis dispensary may be permitted for every 10,000 residents of the City of Firebaugh.
[Amended 7-15-2019 by Ord. No. 19-03]
c.
Deliveries. The delivery of cannabis as defined in § 25-41.13.2, except as among permitted commercial cannabis operations, is allowed within the City of Firebaugh, regardless of whether the delivery is initiated within or outside of the City of Firebaugh, and regardless of whether a technology platform is used for delivery by the commercial cannabis operation. Only a dispensary permitted to operate within the boundaries of the City of Firebaugh pursuant to this § 25-41.13 may initiate a delivery within the City of Firebaugh. All deliveries initiated within the City boundaries shall be subject to any development agreement, revenue-raising fee, or tax, whatever its nature, that is in legal effect at the time of the delivery. Any delivery initiated outside the City of Firebaugh where the retail sale is completed within the City of Firebaugh shall be subject to any sales, user, or excise tax, if any, adopted by the City Council of the City of Firebaugh and approved by the voters as required by law. Any licensed or permitted commercial cannabis operator that delivers within the City of Firebaugh boundaries shall be obligated to collect and remit to the City of Firebaugh any and all development agreement fees, revenue-raising fees, or taxes, of whatever kind, that are legally effective at the time of the delivery.
[Amended 7-15-2019 by Ord. No. 19-03]
The following facilities providing medicinal cannabis to patients are not subject to the provisions of § 25-41.13.4, provided they are in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:
a.
A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.
b.
A healthcare facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
c.
A residential-care facility for persons with chronic life-threatening
illnesses licensed pursuant to Chapter 3.01 (commencing with Section
1568.01) of Division 2 of the Health and Safety Code.
d.
A residential-care facility for the elderly licensed pursuant to
Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health
and Safety Code.
e.
A residential hospice, or a home-health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
Notwithstanding the prohibition on commercial cannabis operations set forth in § 25-41.13.4, and the limitations upon the cultivation of cannabis set forth in § 25-41.13.3 and 25-41.13.4, commercial cannabis operations may be allowed as set forth in this section.
a.
Purpose. The purpose of this section is to allow limited commercial
cannabis operations in the City of Firebaugh as may be permitted under
the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"
or "Act") and to adopt local regulations applicable to those operations.
b.
Permitted uses.
1.
Business owners meeting the requirements of this section shall
be eligible to apply for a regulatory permit to conduct the following
commercial cannabis operations, as may be approved by the City Council
at its discretion:
2.
The regulatory permit issued pursuant to this section shall
specify whether the commercial cannabis operation shall be limited
to medicinal cannabis.
3.
The regulatory permit issued pursuant to this section shall
specify the precise commercial cannabis operation, by clear description
and, when appropriate, shall reference the license type specified
in the Act for which a state license is being sought.
4.
The commercial cannabis operation shall at all times be in compliance
with this section as it may be amended from time to time or repealed
and replaced by another section governing commercial cannabis operations.
5.
No regulatory permit shall issue unless or until the business
owner and the property owner enter into a project development agreement
with the City. The project development agreement shall be processed
in same manner as a cannabis regulatory permit approved by the Council.
[Amended 3-7-2022 by Ord. No. 22-02]
6.
Dispensaries are expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
7.
The City Council retains the discretion to deny a regulatory
permit or limit a regulatory permit to specified commercial cannabis
operations.
c.
Minimum operational requirements and restrictions. The following
operational requirements and restrictions shall apply to all commercial
cannabis operations:
1.
The Act and other state laws. The commercial cannabis operations
shall at all times be in compliance with the Act and the implementing
regulations, as they may be amended from time to time, as well as
all state license(s) required under the Act, and any other applicable
state law. The operator shall obtain all licenses required under the
Act prior to opening for business.
2.
Register of employees. The operator shall maintain a current
register of the names of persons required to have employee permits.
The register shall be made available to the Police Chief at all times
immediately upon request.
3.
Signage. There shall be no signage or markings on the premises
or off-site that in any way evidences that commercial cannabis operations
are occurring on the property. Interior building signage is permissible
provided the signage is not visible outside of the building.
4.
Cannabis consumption. No cannabis or cannabis product shall
be smoked, ingested or otherwise consumed on the premises. Prominent
signage of this prohibition shall be displayed throughout the facility.
5.
Alcoholic beverages. No commercial cannabis operation shall
hold or maintain a retail license from the State Department of Alcohol
Beverage Control to sell alcoholic beverages, or operate a business
that sells alcoholic beverages. In addition, alcohol for personal
consumption shall not be provided, stored, kept, located, sold, dispensed,
or used on the premises.
6.
Transportation. Transportation shall only be conducted as permitted
by state law.
7.
Deliveries. Deliveries are expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
8.
Noncommercial cannabis activity. No noncommercial or recreational
cannabis activity shall occur on the premises.
9.
Retail sales. The retail sale of cannabis is expressly allowed as set forth in § 25-41.13.4.
[Amended 7-15-2019 by Ord. No. 19-03]
10.
Public access. There shall be no public access to the premises,
except as allowed pursuant to a permitted building site plan, development
agreement, and/or a regulatory permit for a dispensary only.
[Amended 7-15-2019 by Ord. No. 19-03]
11.
Minors. It shall be unlawful for any operator to allow any person
who is not at least 21 years of age on the premises of a commercial
cannabis operation.
[Amended 7-15-2019 by Ord. No. 19-03]
12.
Distance separation from schools, day-care centers and youth
centers. A commercial cannabis operation shall not be located within
600 feet from any existing school, day-care center or youth center
as defined by state law, nor from a proposed school site as identified
in the General Plan. Measurements shall be from property boundary
to property boundary. For purposes of this section, "school" means
any public or private school providing instruction in kindergarten
or grades one through 12, inclusive, but does not include any private
school in which education is primarily conducted in private homes.
13.
Hours of operation. Commercial cannabis operations shall be
allowed to operate per the requirements of the underlying zone district
and subject to the City's noise and nuisance ordinances.
14.
Building and related codes. The cannabis operation shall be
subject to the following requirements:
(a)
The premises in which the commercial cannabis operations occur
shall comply with all applicable local, state, and federal laws, rules,
and regulations including, but not limited to, building codes and
the Americans with Disabilities Act,[1] as certified by the Building Official of the City. The
operator shall obtain all required building permits and comply with
all applicable City standards.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(b)
The responsible party shall ensure that the premises have sufficient
electrical load for the commercial cannabis operations.
(c)
To the extent permitted by the Act, butane and other flammable
materials are permitted to be used for extraction and processing provided
the operator complies with all applicable fire and building codes,
and any other laws and regulations relating to the use of those products,
to ensure the safety of that operation. The Firebaugh Fire Department,
or other qualified agency retained by the City, shall inspect and
approve the premises for use of the products prior to City's issuance
of a certificate of occupancy, or otherwise prior to opening for business,
to ensure compliance with this requirement. Such inspection shall
be at the business owner's expense.
(d)
The operator shall comply with all laws and regulations pertaining
to use of commercial kitchen facilities for the commercial cannabis
operations.
(e)
The operator shall comply with all environmental laws and regulations
pertaining to the commercial cannabis operations, including the storage,
use and disposal of water and pesticides, and shall otherwise use
best practices to avoid environmental harm.
15.
Odor control. The business owner shall provide an odor-absorbing
ventilation and exhaust system, so that odor generated inside the
facility that is distinctive to its commercial cannabis operations
is not detected outside the premises, outside the building or commercial
greenhouse structure housing the commercial cannabis operations. or
anywhere on adjacent property or public rights-of-way. A greenhouse
structure shall be defined as any sort of structure that manipulates
or changes the growing environment for plants. Such structures would
include, but not be limited to, hothouses. headhouses. cold frames
and hoop structures. Accordingly, the business owner must install
and maintain the following equipment or any other equipment which
the City's Building Official determines meets best industry odor control
standards.
[Amended 3-7-2022 by Ord. No. 22-02]
(a)
An exhaust air filtration system with odor control that prevents
internal odors and pollen from being emitted externally; or
(b)
An air system that creates negative air pressure between the
cannabis facility's interior and exterior so that the odors generated
inside the cannabis facility are not detectable outside the cannabis
facility.
16.
Consumable products. Commercial cannabis operations that manufacture
products in the form of food or other comestibles shall obtain and
maintain all appropriate approvals from the State and County Departments
of Public Health for the provision of food or other comestibles, unless
otherwise governed by the Act and licensed by the state.
17.
Secure building. All commercial cannabis operations shall occur
entirely inside of a building or commercial greenhouse structure which
shall be secure, locked, and fully enclosed, with a ceiling, roof
or top, and entirely opaque. Notwithstanding the foregoing, the roof
may be of solid nonopaque material, provided other security measures
exist to ensure that the commercial cannabis operation cannot be seen,
heard, or smelled beyond the property line. The building or commercial
greenhouse structure shall include a burglar alarm monitored by an
alarm company or private security company. The building, including
all walls, doors, and the roof, shall be of solid construction meeting
the minimum building code requirements for industrial structures (including,
without limitation, commercial greenhouse structures). The precise
building construction parameters and materials to be used shall be
identified and provided with the application to the City prior to
construction.
[Amended 3-7-2022 by Ord. No. 22-02]
18.
Premises security. The following security conditions shall apply:
(a)
Alarm system (including perimeter, fire and panic).
(b)
Remote monitoring of alarm systems.
(c)
Perimeter lighting systems (motion sensor) for after-hours security.
(d)
Perimeter security and lighting as approved by the Police Chief.
(e)
Use of drive gates with card key access or similar to access
the facility.
(f)
Entrance areas to be locked at all times, and under the control
of a designated responsible party.
(g)
Use of access-control systems to limit access to inventory,
grow and processing areas.
[Amended 7-15-2019 by Ord. No. 19-03]
(h)
Exterior and interior camera systems approved by the Police
Chief. The camera systems shall meet the minimum requirements of the
Act, include interior monitoring of all access points to the site
from the interior, and be of a minimum five-mega-pixel resolution.
(i)
All security systems at the site are attached to an uninterruptable
power supply providing twenty-four-hour power.
(j)
Twenty-four-hour security patrols by a recognized security company
licensed by the California Department of Consumer Affairs or otherwise
acceptable to the Police Chief. All current contact information regarding
the security company shall be provided to the Police Chief.
(k)
The Firebaugh Police Department or Department designee shall
have access to all security systems.
(l)
Internet Protocol ("IP") access for remote monitoring of security
cameras by the Firebaugh Police Department or a department designee
upon request.
(m)
Any and all video or audio tape recordings made for security
purposes shall be marked with the date and time made and shall be
kept, in an unaltered state, for a period of at least 30 days and
must be made available to the Firebaugh Police Department or Department
designee for duplication upon demand. In addition, upon request by
the Firebaugh Police Department, the responsible party shall duplicate
the records for the Firebaugh Police Department or the Department
designee.
(n)
Hardened bullet-resistant windows for exterior windows as part
of any new or existing construction.
(o)
Accounting software systems need to be in place to provide audit
trails of both product and cash, where applicable.
(p)
Electronic track-and-trace systems for cannabis products as
required by the Act and state regulations.
(q)
The City may inspect the premises and audit the records of the
commercial cannabis operations for compliance on a quarterly basis.
(r)
Security protocols and equipment need to be in place to protect
computer information.
(s)
The foregoing premises security requirements shall be approved
by the Police Chief prior to commencing operations. The Police Chief
may supplement these security requirements once operations begin,
subject to review by the City Council if requested by the business
owner.
19.
Shipments of supplies and transportation of product. The following
rules apply to shipments and transportation:
[Amended 7-15-2019 by Ord. No. 19-03]
(a)
Shipments of supplies to the premises shall only occur as provided
for in diagram and floor plans on file with the City as part of the
application process. Vehicles delivering to the premises shall not
have any markings indicating that deliveries are being made to a cannabis
operation.
(b)
The transportation of cannabis samples and/or products to and
from the premises shall be in unmarked vehicles with no indication
that the vehicles are transporting cannabis samples and/or products.
The responsible party shall stagger transportation times, vary routes
from the facility, and take other security measures as requested by
the Police Chief.
20.
Premises maintenance. The business owner, operator, and all
responsible parties shall continually maintain the premises and its
infrastructure so that it is visually attractive and not dangerous
to the health, safety, and general welfare of employees, patrons,
surrounding properties, and the general public. The premises or commercial
cannabis operation shall not be maintained in a manner that causes
a public or private nuisance.
21.
Location of uses. Except for deliveries as defined in § 25-41-13.4,
the commercial cannabis operation permitted by this section shall
only be allowed in the locations designated on the diagram and floor
plans of the premises submitted with the application for a regulatory
permit. Other than for deliveries as defined in § 25-41-13.4,
commercial cannabis operations shall not operate at any location other
than as stated in the regulatory permit.
[Amended 7-15-2019 by Ord. No. 19-03]
d.
Commercial cannabis operation regulatory permit. No person or entity
shall operate a commercial cannabis operation within the City of Firebaugh
without first obtaining a commercial cannabis regulatory permit from
the City. Other than for deliveries as defined in § 25-41-13.4,
the regulatory permit shall be site-specific and shall specifically
identify the commercial cannabis activity that will be allowed at
that site. No commercial cannabis activity, other than deliveries,
will be allowed unless specifically identified in the regulatory permit.
The issuance of a regulatory permit shall be at the discretion of
the City Council.
[Amended 7-15-2019 by Ord. No. 19-03]
e.
Applications for regulatory permits and responsible party designation.
1.
Application. Applicants for regulatory permits shall file their
applications with the Police Chief and shall include the information
set forth herein. The Police Chief may request such additional information
he or she deems necessary to determine who the applicant is and what
activity may be permitted. The applicant shall certify under penalty
of perjury that all of the information contained in the application
is true and correct. The application shall contain the following items
for the business owner, operator, all responsible parties known at
the time (if different than the business owner), and any other party
designated below:
(a)
The full name, present address, and telephone number.
(b)
Date of birth.
(c)
Tax identification number.
(d)
The address to which notices relating to the application are
to be mailed.
(e)
Previous addresses for the five years immediately preceding
the submission of the application.
(f)
His or her height, weight, and color of eyes and hair.
(g)
Photographs for identification purposes (photographs shall be
taken by the Police Department).
(h)
All business, occupation, or employment for the five years immediately
preceding the submission of the application.
(i)
The commercial cannabis operation business history, including
whether the business owner and responsible parties, while previously
operating in this or another city, county or state, has had a cannabis-related
license revoked or suspended, the reason therefore, and the business,
activity or occupation subsequent to such suspension or revocation.
(j)
Complete property ownership and lease details, where applicable.
If the business owner is not the premises owner, the application must
be accompanied with a notarized acknowledgment from the premises owner
that commercial cannabis operations are authorized to occur on the
premises.
(k)
A descriptive business plan for the commercial cannabis operation,
including a detailed list of all commercial cannabis operations proposed
to occur on the premises.
(l)
A diagram and floor plan of the entire premises, denoting all
the use of areas proposed for commercial cannabis operations, including,
but not limited to, cultivation, processing, manufacturing, testing,
transportation, deliveries, and storage. The diagram and floor plan
need not be professionally prepared, but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six inches.
(m)
The name or names of the operator. The operator shall designate
one or more responsible parties, one of which shall at all times be
available as a point of contact for the City, 24 hours per day. The
contact information of the operator and responsible parties shall
be provided to the Police Chief and updated within 24 hours of any
changes.
(n)
The proposed security arrangements for ensuring the safety of
persons and to protect the premises from theft.
(o)
An accurate straight-line drawing prepared within 30 days prior
to the application depicting the building and the portion thereof
to be occupied by the cannabis operation and the property line of
any school as set forth in the Operational Requirements.
(p)
Authorization for the City and its agents and employees to seek
verification of the information submitted.
2.
Improper or incomplete application. If the applicant has completed
the application improperly, or if the application is incomplete, the
Police Chief shall, within 30 days of receipt of the original application,
notify the applicant of such fact.
3.
Changes in information. Except as otherwise provided, the information required by this Subsection e shall be updated with the Police Chief upon any change within 10 calendar days.
4.
Other permits or licenses. The fact that an applicant possesses
other types of state or City permits or licenses does not exempt the
applicant from the requirement of obtained a regulatory permit.
f.
Employee permits.
1.
Permit required. Every employee or independent contractor working
at a commercial cannabis operation or involved in transportation/delivery-related
services for a commercial cannabis operation, except for vendors and
certificated common carriers, shall obtain an employee permit. It
shall be the duty of the operator to ensure that employee permits
are obtained from the Police Department prior to the employee or independent
contractor commencing work. Persons who are listed as a business owner
on a regulatory permit shall not be required to obtain an employee
permit, if such person also serves as an employee or contractor. All
responsible parties, except the business owner, shall be required
to obtain an employee permit.
2.
Application. Each employee and independent contractor shall
be required to provide the following information under penalty of
perjury, so the Police Department can perform a background check:
(a)
Name, current residence address, and telephone number.
(b)
Date of birth.
(c)
Tax identification number.
(d)
His or her height, weight, and color of eyes and hair.
(e)
Photographs for identification purposes (photographs shall be
taken by the Police Department).
(f)
Fingerprinted by the Police Department.
(g)
Such other identification and information as deemed necessary
by the Police Chief and pertinent to the employee permit.
(h)
Authorization for the City and its agents and employees to seek
verification of the information contained within the application.
(i)
The name of the business owner holding the regulatory permit
and the operator for which such person is proposed to work.
g.
Application fees. Every application for a regulatory permit, employee
permit, or employee permit renewal shall be accompanied by a nonrefundable
fee, as established by resolution of the City Council. This fee shall
be in addition to any other business license fee or permit fee imposed
by this Code or other governmental agencies. The fee shall include
an amount to cover the costs of fingerprinting, photographing, background
checks, and the general review and processing of the application.
As an alternative to the regulatory permit fee, the City and applicant
may enter into a specific project processing costs agreement.
h.
Investigation and action on application.
1.
Upon the filing of a properly-completed application and the
payment of the fee, the Police Chief shall conduct an investigation
of the application, including a background check of the applicant
and all employees and independent contractors. All applicants for
a regulatory permit and employee permit shall be required to submit
to a fingerprint-based criminal history records check conducted by
the Firebaugh Police Department.
2.
For regulatory permits, after the background checks and investigation
are complete, and in no case later than 120 days after receipt of
a properly completed application, the Police Chief shall issue a recommendation
that the City Council approve or deny a regulatory permit in accordance
with the provisions of this section. The recommendation for approval
shall include conditions the Police Chief deems reasonable under the
circumstances to protect the public health, safety, and welfare of
the community. The recommendation shall be forwarded to the City Council
for action following any required noticing and public hearings, and
may be processed concurrently with any other development application(s)
necessary for the commercial cannabis operation.
3.
For employee permits, after the background checks and investigation
are complete, and in no case later than 30 days after receipt of a
properly-completed application, the Police Chief shall either approve
or deny an employee permit. At the discretion of the Police Chief,
employee permits may be conditionally approved pending the background
investigation.
i.
Term of permits and renewals. Employee permits issued under this
section shall expire one year following the date of issuance. Applications
for renewal shall be made at least 45 days prior to the expiration
date of the permit and shall be accompanied by the nonrefundable fee
referenced in this section. When made less than 45 days before the
expiration date, the expiration of the permit will not be stayed.
j.
Grounds for denial of regulatory permit. The City Council may in
its sole discretion deny a regulatory permit or limit a regulatory
permit to specified uses. When considering whether to deny or limit
a regulatory permit, the Council shall consider the following:
1.
Whether the business or conduct of the business at a particular
location is prohibited by any local or state law, statute, rule, or
regulation.
2.
Whether the business owner or operator has been issued a local
or state permit related to commercial cannabis operations at any other
location in California, or another state; whether that permit was
suspended or revoked; and whether the business owner or operator has
had disciplinary action relating to the permit.
3.
Whether the business owner or operator has knowingly made a
false statement of material fact or has knowingly omitted a material
fact in the application.
4.
Whether the business owner or operator, or any responsible person,
has been:
(a)
Convicted of a violent felony, as specified in Subdivision (c)
of Section 667.5 of the Penal Code;
(b)
Convicted of a serious felony, as specified in Subdivision (c)
of Section 1192.7 of the Penal Code;
(c)
Convicted of a felony involving fraud, deceit, or embezzlement;
(d)
Convicted of a felony for hiring, employing, or using a minor
in transporting, carrying, selling, giving away, preparing for sale,
or peddling, any controlled substance to a minor; or selling, offering
to sell, furnishing, offering to furnish, administering, or giving
any controlled substance to a minor;
(e)
Convicted of a felony for drug trafficking with enhancements
pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code;
(f)
Subject to fines, penalties, or otherwise sanctioned for cultivation
or production of a controlled substance on public or private lands
pursuant to Sections 12025 or 12025.1 of the Fish and Game Code;
(g)
Sanctioned by a licensing authority or a City, county, or City
and county for unauthorized commercial cannabis activities, has had
a license suspended or revoked under this division in the three years
immediately preceding the date the application is filed with the City.
A conviction for any controlled substance felony subsequent
to permitting shall be grounds for revocation of a regulatory permit
or denial of the renewal of a regulatory permit. A "conviction" within
the meaning of this subsection means a plea or verdict of guilty or
a conviction following a plea of nolo contendre.
5.
Whether the business owner or operator has engaged in unlawful,
fraudulent, unfair, or deceptive business acts or practices.
6.
Whether the business owner or operator is under 21 years of
age, or any older other age set by the state.
7.
Whether the cannabis operation complies with the zoning ordinance
or development standards of the City of Firebaugh.
8.
Whether the required business license fee, annual regulatory
fee, revenue raising fee, or other City fees and/or taxes have been
paid.
9.
Such other grounds the Council determines are reasonable.
k.
Grounds for denial of employee permit. The grounds for denial of
an employee permit shall be one or more of the following: The applicant
has been issued a local or state permit related to commercial cannabis
operations at any other location in California, or another state,
and that permit was suspended or revoked, or the applicant has had
disciplinary action relating to the permit.
1.
The applicant has been:
(a)
Convicted of a violent felony, as specified in Subdivision (c)
of Section 667.5 of the Penal Code;
(b)
Convicted of a serious felony, as specified in Subdivision (c)
of Section 1192.7 of the Penal Code;
(c)
Convicted of a felony involving fraud, deceit, or embezzlement.
(d)
Convicted of a felony for hiring, employing, or using a minor
in transporting, carrying, selling, giving away, preparing for sale,
or peddling, any controlled substance to a minor; or selling, offering
to sell, furnishing, offering to furnish, administering, or giving
any controlled substance to a minor;
(e)
Convicted of a felony for drug trafficking with enhancements
pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code;
(f)
Subject to fines, penalties, or otherwise sanctioned for cultivation
or production of a controlled substance on public or private lands
pursuant to Sections 12025 or 12025.1 of the Fish and Game Code;
(g)
Sanctioned by a licensing authority or a City, county, or City
and county for unauthorized commercial cannabis activities, has had
a license suspended or revoked under this division in the three years
immediately preceding the date the application is filed with the City.
2.
The applicant has engaged in unlawful, fraudulent, unfair, or
deceptive business acts or practices.
3.
The applicant has committed any act, which, if done by a permittee,
would be grounds for suspension or revocation of a permit.
4.
An applicant is under 21 years of age, or any older age set
by the state.
l.
Notice of decision and final action.
1.
Regulatory permit. Action on the regulatory permit shall be
as follows:
(a)
The Police Chief shall cause a written notice of his or her
recommendation on the issuance or denial of a regulatory permit, and
the date and time when the City Council will consider action on the
regulatory permit, to be personally delivered or mailed to the applicant
by certified United States mail, postage prepaid.
(b)
Following a public hearing, the Council may grant the regulatory
permit, limit the regulatory permit to specified uses, or deny the
issuance of the regulatory permit for any of the grounds specified
in this section. In granting a regulatory permit, the Council may
impose such conditions as it deems reasonable under the circumstances
to protect the public health, safety, and welfare of the community.
The decision of the Council shall be final, subject to judicial review
below.
2.
Employee permit. Action on the employee permit shall be as follows:
The Police Chief shall cause a written notice of his or her determination
on the issuance or denial of an employee permit to be personally delivered
or mailed to the applicant by certified United States mail, postage
prepaid. The Police Chief's decision on an employee permit shall be
final.
m.
Suspension and revocation of regulatory permit or employee permit.
1.
Regulatory permit. The City Council may suspend or revoke the
regulatory permit of a commercial cannabis operation when any of the
following occur:
(a)
The commercial cannabis operation is conducted in violation
of any provision of this section, the Act, or any other applicable
law.
(b)
The commercial cannabis operation is conducted in such a manner
as to create a risk of danger to the public health or safety.
(c)
A failure to pay the regulatory fee, the revenue raising fee,
or all City taxes as required.
(d)
A failure to take reasonable measures to control patron conduct,
where applicable, resulting in disturbances, vandalism, or crowd control
problems occurring inside of or outside the premises, traffic control
problems, or obstruction of the operation of another business.
(e)
A failure to comply with the terms and conditions of the regulatory
permit or any conditional use permit issued in connection therewith.
(f)
Any act which would be considered grounds for denial of the
regulatory permit in the first instance.
2.
Employee permit. The Police Chief may suspend or revoke an employee
permit when the permittee or the employee has committed any one or
more of the following acts:
(a)
Any act which would be considered a ground for denial of the
permit in the first instance.
(b)
Violates any provision of this section, the Act, or any other
applicable law relating to the commercial cannabis operation.
(c)
Violates or fails to comply with the terms and conditions of
the employee permit.
3.
Procedures for revoking regulatory permits. For regulatory permits,
the procedures for revoking conditional use permits shall be utilized,
except that the matter shall be heard by the City Council in the first
instance.
4.
Procedures for revoking employee permits. Prior to suspension
or revocation of an employee permit, the Police Chief shall conduct
a hearing. Written notice of the time and place of such hearing shall
be served upon the permittee at least five calendar days prior to
the date set for such hearing. The notice shall contain a brief statement
of the grounds to be relied upon for revoking or suspending the permit.
Notice may be given either by personal delivery or by certified United
States mail, postage prepaid to the last known address. Any permittee
aggrieved by the decision of the Police Chief to suspend or revoke
an employee permit shall have no appeal rights and the Police Chief's
decision shall be final, subject to judicial review as set forth in
this section.
5.
Immediate suspension. The Police Chief may immediately suspend
or revoke a regulatory permit or an employee permit without notice
or a hearing, subject to the appeal rights set forth herein, under
the following circumstances:
(a)
The business owner, operator or responsible party is convicted
of a public offense in any court for the violation of any law which
relates to the cannabis operation, or in the case of an employee permit,
the employee is convicted of a public offense in any court for the
violation of any law which relates to the permit.
(b)
The Police Chief determines that immediate suspension is necessary
to protect the public health, safety, and welfare of the community.
The Police Chief shall articulate the grounds for the immediate suspension
in writing and the suspension shall only be for as long as necessary
to address the circumstances which led to the immediate suspension.
n.
Effect of denial or revocation. When the City Council shall have
denied or revoked a regulatory permit, or the Police Chief shall have
denied or revoked an employee permit, no new application for a regulatory
permit or an employee permit shall be accepted and no regulatory permit
or employee permit shall be issued to such person or to any corporation
in which he or she shall have any beneficial interest for a period
of one year after the action denying or revoking the regulatory permit
or employee permit.
o.
Abandonment. A regulatory permit shall be deemed abandoned if commercial
cannabis operations cease for a period of more than 90 consecutive
days. Before restarting operations, a new regulatory permit shall
be secured. The ninety-day period shall be tolled during periods of
force majeure, which shall be defined as follows: war; insurrection;
strikes; lock-outs; riots; floods; earthquakes; fires; casualties;
supernatural causes; acts of the "public enemy"; epidemics; quarantine
restrictions; freight embargoes; lack of transportation; unusually
severe weather; inability to secure necessary labor, materials or
tools; delays of any contractor, subcontractor or supplier; or any
other causes beyond the reasonable control of the permittee.
p.
Fees and taxes. All commercial cannabis operations in the City of
Firebaugh shall pay applicable fees and taxes, which may include one
or more of the following:
[Amended 7-15-2019 by Ord. No. 19-03]
1.
Business license fee. The business owner shall at all times
maintain a current and valid business certificate and pay all business
taxes required by Title 5, Chapter 5.04, of the Firebaugh Municipal
Code pertaining to Business Licensing.[2]
2.
Regulatory license fee. The business owner permitted to operate
a commercial cannabis operation within the City of Firebaugh shall
pay an annual regulatory license fee ("regulatory fee") to cover the
costs of services, including, but not limited to, anticipated enforcement
relating to the commercial cannabis operation. The amount of the fee
shall be set by resolution of the City Council and be supported by
the estimated additional service costs associated with the commercial
cannabis operation. The regulatory fee shall be due and payable prior
to opening for business and thereafter on or before the anniversary
date. The regulatory fee may be amended from time to time based upon
actual costs.
3.
Revenue raising fee. An annual revenue raising fee ("revenue
raising fee") shall be applied for the privilege of having the right
to operate in the City and provided as a condition of the development
agreement.
(a)
Revenue raising fee finding. The City Council specifically finds
that it is approving this Ordinance allowing commercial cannabis operations
to operate in the City with the express understanding that the business
will pay the revenue raising fee to the City as set forth herein,
and that without the revenue raising fee, the City Council would not
have adopted this Ordinance allowing commercial cannabis operations
to operate in the City. By opening a commercial cannabis operation
in the City, the premises owner, business owner, operator, and all
responsible parties agree that, if the revenue raising fee is challenged
by any one of them or a third party and set aside, the business must
cease operation.
(b)
Amount of fee and terms of payment. The revenue raising fee
shall be an annual fee of $25 per square foot for the first 3,000
square feet, which shall be the minimum annual fee for all commercial
cannabis operations, and $10 per square foot for the remaining space
utilized in connection with each commercial cannabis operation. The
square footage calculation shall be determined by including all portions
of the premises under the control of the business owner and deducting
therefrom driveways, sidewalks, landscaping, vacant unused space,
areas used exclusively for office space, employee break rooms, restrooms,
and storage space unrelated to the commercial cannabis operation (such
as a janitorial closet). The total under-canopy square footage shall
be included in the square footage calculation.
(c)
Dispensary fees and taxes. Dispensaries permitted within the City of Firebaugh shall be subject to the annual business license fee, annual regulatory permit fee based on square footage as set forth in Subsection p3(b) above, and a percentage-based revenue-raising fee as set out in the development agreement for the commercial cannabis operation regulatory permit.
(d)
If more than one commercial cannabis operation operates on the
premises, whether within a single building or multiple buildings,
each regulatory permit holder shall be responsible for paying the
revenue raising fee. The revenue raising fee shall be payable in advance,
in not less than quarterly installments, with the first quarterly
payment due prior to issuance of a certificate of occupancy. The first
payment shall not be prorated, and in no event shall the first payment
be less that the equivalent of one full quarterly payment. All quarterly
payments shall be received by the City before the end of the quarter.
(e)
The amount of the revenue raising fee shall be set by resolution
of the City Council.
(f)
Alternative voter-approved tax. If the voters of the City approve
a tax on commercial cannabis operations, the business owner shall
pay that tax in lieu of the revenue raising fee, once the City begins
to collect the tax revenue.
q.
Recordkeeping. The responsible party shall make and maintain complete,
accurate, and legible records of the permitted commercial cannabis
operations evidencing compliance with the requirements of this section.
Those records shall be maintained for a minimum of five years.
r.
Inspection. Commercial cannabis operations shall be open for inspection
by any City law enforcement officer, City code enforcement officer,
or City financial auditor or their designees at any time the commercial
cannabis operation is operating, at any other time upon responding
to a call for service related to the property where the commercial
cannabis operations is occurring, or otherwise upon reasonable notice.
Recordings made by security cameras at any commercial cannabis operation
shall be made immediately available to the Police Chief upon verbal
request. No search warrant or subpoena shall be needed to view the
recorded materials.
s.
Indemnification.
1.
In authorizing commercial cannabis operations under this section,
the City makes no guarantees or promises as to the lawfulness of the
approved activity under state or federal law, and the business owner,
operator and all responsible parties are obligated to comply with
all applicable laws and regulations. To the fullest extent permitted
by law, the City shall not assume any liability whatsoever with respect
to the adoption of this Ordinance or the operation of any commercial
cannabis operation approved pursuant to this Ordinance, or under state
or federal law. The business owner, operator and all responsible parties
shall defend, hold harmless, release, and indemnify the City, its
agents, officers, and employees, from any liability associated with
the approved use or adverse determinations made by the state or federal
government. An adverse determination could include cessation of operations.
2.
The business owner agrees to reimburse the City for any court
costs and attorney fees that the City may be required to pay as a
result of any legal challenge related to commercial cannabis operations
operating under the authority of this Ordinance. The City may, at
its sole discretion, participate at its own expense in the defense
of any such action, but such participation shall not relieve the permittee
of its obligation hereunder.
3.
If requested by the City Attorney, the business owner shall
execute an agreement memorializing the requirements of this subsection.
a.
No person shall smoke, ingest, or otherwise consume cannabis or cannabis
products, whether recreational or medical, in the City of Firebaugh,
unless such smoking, ingesting or consumption occurs entirely within
a private residence. "Within a private residence" shall mean inside
habitable areas and shall not include garages, whether attached or
detached, and other accessory buildings, unless those buildings are
at all times fully enclosed during the consumption.
b.
Medicinal cannabis may also be consumed within a clinic, healthcare
facility, residential care facility, or residential hospice licensed
pursuant to applicable provisions of the California Health and Safety
Code.
c.
All consumption shall be done in a manner so as to not cause a nuisance
to nearby residents with noxious odors or other adverse health and
safety impacts.
The following remedies shall apply for violations of this § 25-41.13:
a.
Violations for conduct that is not otherwise considered lawful under state law shall be considered misdemeanors and are punishable in accordance with § 1-5.1 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense. Persons found in violation of the six-plant limit set forth in § 25-41.13.3a will be subject to prosecution for a misdemeanor violation, punishable by a fine of $1,000 per plant for each plant over the limit and forfeiture of all plants in excess of the six-plant limit. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this § 25-41.13 unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue noncriminal remedies for violations of this § 25-41.13.
b.
The City may also pursue all applicable civil and administrative
remedies, including but not limited to injunctive relief and administrative
citations.
c.
Any person who violates the provisions of this § 25-41.13 may be subject to an administrative fine of up to $1,000 for each violation and for each day the violation continues to persist.
d.
All remedies set forth in this section are not exclusive and the
exercise of any remedy does not preclude the exercise of any other
remedy that may now or subsequently exist in law or in equity or by
statute or otherwise.
The provisions of this § 25-41.13 are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this § 25-41.13, or of the regulatory permit issued pursuant to this § 25-41.13, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this § 25-41.13 or of any regulatory permit issued pursuant hereto.
Judicial review of a decision made under this § 25-41.13 may be had by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1994.6,[1] which shall apply for such actions.
[1]
Editor's Note: So in original.
To provide reasonable requirements and standards for landscaping
along public rights-of-way and within parking lots. The provisions
of this chapter are intended to accomplish the following:
a.
To promote an attractive visual environment.
b.
To promote a transition between land uses.
c.
To encourage visual harmony between the landscape and the development.
d.
To conserve water.
e.
To reduce energy consumption in buildings by proper plant selection
and placement and to decrease high summer temperatures by blocking
heat and glare.
f.
To screen offensive or unattractive areas from public view.
g.
To enforce provisions of the State of California's Model Water Efficient
Landscape ordinance.
a.
These regulations apply to all new construction involving commercial, industrial, public, institutional and multiple-family residential development. Landscape areas containing over 2,500 square feet must comply with the provisions of the Model Water Efficient Landscape standards (see § 25-43.7). Projects shall also incorporate recommendations from the Design Guidelines in each particular zone district, as applicable.
b.
These regulations apply to additions to applicable structures which
exceed 40% of the gross floor area or 1,000 square feet, whichever
is less. All additions constructed after the date of adoption of this
Ordinance will accumulate to determine eligibility under this requirement.
c.
These regulations shall apply when a previously unpaved parking area
is paved.
d.
Vegetative matter shall cover 75% of the required landscaped area.
Exceptions to this requirement, in unusual situations, may be approved
by the Zoning Administrator on a case-by-case basis.
e.
All planters located adjacent to driveways, loading areas, parking
lots and sidewalks shall be protected along the parking lot side with
curbs or wheel stops. Alternative treatments may be considered.
f.
Planters containing trees shall be not less than four feet by four
feet (inside dimension). All other planters shall be not less than
two feet (inside dimension) in width.
g.
Existing trees shall be evaluated as to their suitability for retention.
h.
Existing trees shall be protected by planters with a minimum radius
of the drip line of the tree or 50% of drip line plus modifications
to paved area allowing for aeration and water penetration. Alternative
treatments will be considered.
i.
All landscaped areas shall be provided with an "in the ground" or
drip irrigation system.
j.
A fence or wall when used for required screening shall be 75% opaque.
k.
When wood, masonry, or metal are used for fencing or screening, plants
are required every five feet along the barrier.
l.
Trash enclosures shall be screened and designed as approved by the
City.
m.
One tree shall be planted at least every 35 feet along a public right-of-way.
The maximum spacing between trees shall be equal to the mature spread
of the trees selected. Special consideration may be given to variety
and spacing of trees as they relate to proposed signing of the property.
n.
Trees shall be equivalent to fifteen-gallon can size or larger when
planted.
o.
Shrubs shall be equivalent to one-gallon can size or larger when
planted.
p.
All open industrial storage areas shall be screened from all public
rights-of-way and adjacent commercial or residential properties to
a height of six feet. Screening may be modified or waived for security
reasons with the concurrence of the Planning Director and the Police
Chief.
r.
Landscaping materials shall be contained so as not to spill into
the public right-of-way.
s.
Landscaping shall be installed as approved by the City.
t.
Landscaping shall be maintained in a healthy and attractive condition.
a.
Sight distance.
1.
No foliage or structural features shall extend into the cross visibility
area between 3 1/2 feet and seven feet above the surface of the
public sidewalk.
b.
Cross visibility:
1.
Intersection of driveways and public rights-of-way. A triangle having
one side 10 feet long and running along the driveway and one side
20 feet long and running along the public right-of-way, said length
beginning at their intersection and the third side formed by a line
connecting the two ends.
2.
Intersection of two public rights-of-way. A triangle having two sides
"x" feet long and running along each public right-of-way, said length
beginning at their intersection and the third side formed by a line
connecting the two ends.
a.
Plan. Except where required by the Model Water Efficient Landscape
Ordinance, three sets of landscape plans at an appropriate scale shall
be submitted showing:
c.
Plant list, including:
d.
Approval. Landscape plans must be approved by the planning director
prior to issuance of a building permit and work completed prior to
occupancy.
No certificate of occupancy shall be issued for any project for which landscaping is required pursuant to § 25-43.2, or as required by the Planning Commission, until all landscaping and improvements shown on the approved plans have been completed. The Building Official may issue a temporary certificate of occupancy, where completion of the landscaping work is delayed because of adverse weather or the season of the year, upon execution of an agreement with the City and providing a cash deposit or letter of credit in an amount equal to the cost of completing the work. If landscaping differs from that shown on the approved plans, as built plans shall be submitted and approved prior to occupancy.
All required landscaping and structural features, whether in
existence on the effective date of this title or installed after said
date, shall be maintained in a healthy and attractive condition. Maintenance
shall include but is not limited to watering, fertilizing, weeding,
cleaning, pruning, trimming, spraying and cultivating. For purposes
of enforcement, the occupant of the property, whether he be the owner,
lessor or tenant, shall be responsible for such maintenance. In the
case of a vacant building the owner shall be responsible for such
maintenance. Replacement of dead, dying or damaged plants, shrubs
and trees shall be in conformance with the original approved landscape
plan. Prior to the reoccupancy of a building with existing landscaping
all portions of damaged or defective irrigation systems, dead, dying
or damaged turf, plants, shrubs and trees shall be replaced. Any significant
alteration of an approved installed landscaping installation (such
as the removal of mature trees) shall be approved by the Planning
Director. Removal of mature trees may only be approved if the tree
is dead, in danger of causing bodily harm (by falling or dropping
limbs) or damaging property.
The purpose of this section is to provide for local landscaping,
irrigation and grading regulations that are consistent with the State
of California's Model Water Efficient Landscape Ordinance.
This section shall apply to landscape projects that involve
new construction for public agency projects and private development
projects with a landscaped area equal to or greater than 2,500 square
feet and which require a building or landscape permit, plan check
or design review.
The landscaping, irrigation and grading plan shall contain the
following elements:
A project applicant shall complete the Water Efficient Landscape
Worksheet which contains two sections:
a.
A hydrozone information table for a landscape project (see State
of California's Model Landscaping Ordinance).
b.
A water budget calculation for the landscaped project (see State
of California's Model Landscaping Ordinance). The water budget calculations
shall adhere to the following:
1.
The plant factor shall use the following ranges: zero to 0.3 for
low-water-use plants; from 0.4 to 0.6 for moderate-water-use plants;
and from 0.7 to 1.0 for high-water-use plants.
2.
All water features shall be include in the high-water-use hydrozone
and temporary irrigated areas shall be included in the low-water-use
hydrozone.
c.
The maximum applied water allowance shall be calculated using the
following equation:
|
MAWA = (ETo)(0.62) [0.7 x LA) + (0.3 x SLA)]
|
|
Where:
| ||
|
MAWA
|
=
|
maximum applied water allowance
|
|
ETo
|
=
|
evaportranspiration in inches per year
|
|
LA
|
=
|
landscaped area
|
|
SLA
|
=
|
special landscaped area
|
In order to reduce runoff and encourage healthy plant growth,
a soil management report shall be completed by the project applicant
as follows:
a.
Soil samples shall be submitted to a laboratory for analysis and
recommendations.
b.
The applicant shall comply with the following:
1.
If significant mass grading is not planned, the soil analysis report
shall be submitted to the local agency as part of the certificate
of completion.
2.
The soils analysis report shall be made available to the professional
preparing the landscape design plans and irrigation design plans to
make any necessary adjustments to the design plans.
For the efficient use of water, a landscape shall be carefully
designed and planned for the intended function of the project. A landscape
design plan meeting the following design criteria shall be submitted
as part of the landscape documentation package.
a.
A landscape design plan shall contain the following:
1.
Delineate and label each hydrozone by number, letter, or other method.
2.
Identify each hydrozone as low, moderate, high water, or mixed-use
water. Temporarily irrigated areas of the landscape shall be included
in the low water use hydrozone for the water budget calculation.
3.
Identify recreation areas.
4.
Identify areas permanently and solely dedicated to edible plants.
5.
Identify areas irrigated with recycled water.
6.
Identify type of mulch and application depth.
7.
Identify soil amendments, type and quantity.
8.
Identify type and surface area for water features.
9.
Identify hardscapes, pervious and impervious.
10.
Identify location and installation details of any applicable
stormwater best management practices that encourage on-site retention
and infiltration of stormwater. Stormwater best management practices
are encourage in the landscape design plan and examples include, but
are not limited to:
11.
Identify any applicable rain harvesting or catchment technologies.
12.
Bear the signature of a licensed landscape architect, licensed
landscape contractor, or any other person authorized to design a landscape.
b.
Any plant may be selected for the landscape, providing the estimated
total water use (ETWU) in the landscaped area does not exceed the
maximum applied water allowance (MAWA). To encourage the efficient
use of water, the following is highly recommended:
1.
Protection and preservation of native species and natural vegetation.
2.
Selection of water-conserving plant and turf species.
3.
Selection of plants based on disease and pest resistance.
4.
Selection of trees based on applicable local tree ordinances or tree
shading guidelines.
5.
Selection of plants from local and regional landscape program plant
lists.
c.
Each hydozone shall have plant materials with similar water use.
d.
Plants shall be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions
of the project site. To encourage the efficient use of water, the
following is highly recommended:
1.
Use the Sunset Western Climate Zone System which takes into account
temperature, humidity, elevation, terrain, latitude, and varying degrees
of continental and marine influence on local climate.
2.
Recognize the horticultural attributes of plants to minimize damage
to property or infrastructure.
3.
Consider the solar orientation for plant placement to maximize summer
shade and winter solar gain.
e.
Turf is not allowed on slopes greater than 15% where the toe of the
slope is adjacent to an impermeable hardscape.
f.
The use of invasive and/or noxious plant species is strongly discouraged.
g.
Recirculating water systems shall be used for water features.
h.
Where available, recycled water shall be used as a source for decorative
water features.
i.
Pool and spa covers are highly recommended.
j.
A minimum of two inches of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas, creeping or
rooting groundcovers, or direct seeding applications.
k.
Stabilizing mulching products shall be used on slopes.
l.
Soil amendments shall be incorporated according to recommendations
of the soil report and what is appropriate for the plants selected.
For the efficient use of water, an irrigation system shall meet
all the requirements listed in this section. The irrigation system
and its related components shall be planned and designed to allow
for proper installation, management, and maintenance. An irrigation
design plan meeting the following criteria shall be submitted as part
of the landscape documentation package.
a.
The irrigation design plan shall contain:
1.
Location and size of separate water meters for landscape.
2.
Location, type and size of components of the irrigation system, including
controllers, main and lateral lines, valves, sprinkler heads, moisture
sensing devices, rain switches, quick couplers, pressure regulators,
and backflow prevention devices.
3.
Static water pressure at the point of connection to the public water
supply.
4.
Flow rate, application rate, and design operating pressure for each
station.
5.
The signature of a licensed landscape architect, certified irrigation
designer, licensed landscape contractor or any other person authorized
to design an irrigation system.
b.
Dedicated landscape water meters are highly recommended on landscape
areas smaller than 5,000 square feet to facilitate water management.
c.
Automatic irrigation controllers utilizing either evaportranspiration
or soil moisture sensor data shall be required for irrigation in all
irrigation systems.
d.
The irrigation system shall be designed to ensure that the dynamic
pressure at each emission device is within the manufacturer's recommended
pressure range for optimal performance.
1.
If the static pressure is above or below the required dynamic pressure
of the irrigation system, pressure-regulating devices such as inline
pressure regulators, booster pumps, or other devices shall be installed
to meet the required dynamic pressure of the irrigation system.
2.
Static water pressure, dynamic or operating pressure, and flow reading
of the water supply shall be measured at the point of connection.
These pressure and flow measurements shall be conducted at the design
stage. If the measurements are not available at the design stage,
the measurements shall be conducted at installation.
e.
Sensors, either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions shall be required
on all irrigation systems as appropriate for local climatic conditions.
Irrigation should be avoided during windy, rainy, or freezing weather.
f.
Manual shut-off valves shall be required as close as possible to
the point of connection of the water supply to minimize water loss
in case of an emergency or routine repair.
g.
Backflow prevention devices shall be required to protect the water
supply from contamination by the irrigation system.
h.
High flow sensors that detect and report high flow conditions created
by system damage or malfunction are recommended.
i.
Check valves or auto-drain valves are required for all irrigation
systems.
j.
Each valve shall irrigate a hydrozone with similar site, slope, sun
exposure, soil conditions, and plant materials with similar water
use.
k.
Where feasible, trees shall be placed on separate valves from shrubs,
groundcovers and turf.
For the efficient use of water, a grading plan for a project
site shall be designed to minimize soil erosion, runoff and water
waste. A grading plan shall be submitted as part of the landscape
documentation package. A comprehensive grading plan shall be prepared
by a civil engineer.
b.
To prevent excessive erosion and runoff, it is highly recommended
that the project applicants grade so that all irrigation and normal
rainfall remains within the property lines and does not drain onto
impervious hardscapes, avoid disruption of natural drainage patterns
and undisturbed soils, and avoid soil compaction in landscaped areas.
a.
The certificate of completion shall include the following elements:
1.
Date.
2.
Project name.
3.
Applicant name, telephone and mailing address.
4.
Project address and location.
5.
Property owner name, telephone, and mailing address.
6.
Certification by either the signer of the landscape design plan,
signer of the irrigation plan or the licensed landscape contractor
that the landscape project has been installed per the approved landscape
documentation package.
For the efficient use of water, all irrigation schedules shall
be developed, managed, and evaluated to utilize the minimum amount
of water required to maintain plant health. Irrigation schedules shall
meet the following criteria:
a.
Irrigation shall be regulated by automatic controllers.
b.
Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00
a.m. unless weather conditions such as rain or freezing temperatures
prevent it.
c.
For implementation of the irrigation schedule, particular attention
must be paid to irrigation run times, flow rate, and current reference
evapotranspiration so that applied water meets the estimated total
water use (ETWU). Actual irrigation schedules shall be regulated by
automatic irrigation controllers using current reference evapotranspiration
data or soil moisture sensor data.
e.
Each irrigation schedule shall consider for each station all of the
following that apply:
1.
Irrigation intervals, days between irrigation.
2.
Irrigation run times, hours or minutes per irrigation event.
3.
Number of cycle starts required for each irrigation event.
4.
Amount of water to be applied on a monthly basis.
5.
Application rate setting.
6.
Root depth setting.
7.
Plant type setting.
8.
Soil type.
9.
Slope factor setting.
10.
Shade factor setting.
The purpose of this § 25-45 is to provide parking, bicycle and loading regulations for new and expanded development and land uses in Firebaugh. This chapter will also serve to: provide accessible, attractive, secure, and well-maintained parking (auto and bicycle) and off-street loading facilities; provide parking and loading facilities that are designed to reduce traffic congestion; minimize the impact of new development on parking and loading facilities on surrounding properties; ensure the maneuverability of emergency vehicles in parking facilities and provide for loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood.
b.
When an existing use or building is enlarged and requires additional parking and loading under the provisions of this chapter, said improvements shall be provided on the subject site or the developer shall provide an in lieu parking fee consistent with the provisions in this § 25-45.
c.
For every 10 auto parking spaces provided for commercial and industrial
uses the project shall provide one bicycle parking space.
d.
For uses not listed in this chapter, the Planning Director shall
determine a parking and loading standard for the use based on the
operational, size and locational characteristics of the use and the
standards that similar cities apply to said use.
e.
Fractional space requirements shall be rounded up when the fractional
number is 0.5 or more and shall be rounded down when the fractional
number is less than 0.5.
f.
In any residential district, all inoperable motor vehicles shall
be stored in a garage, carport or outside of the front yard setback
area.
The minimum number of parking spaces (or stalls) required for new uses or buildings or the expansion of existing buildings or uses are detailed below, except that the number of on-site parking spaces required for uses in the C-2 District may be reduced by up to 100% of the parking requirement for the particular use, as shown in § 25-45, Auto and Bicycle Parking and Loading; however, where the reduction results in more than 25 spaces, the use shall require a conditional use permit, consistent with § 25-51, Conditional Use Permits.
a.
Residential uses.
1.
Single-family residence: two covered stalls per unit. "Covered" shall
mean either a garage or carport.
2.
Second residential unit: one uncovered stall per unit.
4.
Specialized housing.
(a)
Emergency shelters: one stall for every 10 beds.
(b)
Group care housing: two stalls for every two clients; tandem
parking is permitted.
(c)
Transitional housing: one stall per bedroom plus one stall per
employee.
(d)
Supportive housing: one stall per bedroom plus one stall per
employee.
(e)
Single-room occupancy (SRO) units: one stall per bedroom plus
one stall per employee.
(f)
Labor camps: one stall per living unit.
(g)
Nursing homes: one stall for every three beds.
(h)
Family and group day-care homes: one stall for every three beds.
5.
Multiple-family units: 1.5 stalls per unit, half of which shall be
covered.
6.
Senior housing: one covered stall per unit.
7.
Mobile home parks: two covered stalls per unit; tandem parking permitted,
plus one guest space per two mobile homes.
8.
Trailer parks: one stall per trailer pad.
9.
Motels and hotels: one stall per room.
10.
Convalescent home: one stall per three beds.
b.
Office uses.
1.
Medical and dental offices: one stall per 250 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
2.
Professional offices, including insurance, specialized consultants,
law, travel, real estate, accountants, financial advisors and architects:
one stall per 250 square feet of building area, plus one bicycle space
per 10 vehicle spaces.
c.
Personal services.
1.
Banks, savings and loan, check cashing, credit unions, and similar
offices: one stall per 200 square feet of building area, plus one
bicycle space per 10 vehicle spaces.
2.
Self-service laundry: one stall for every three machines, plus one
bicycle space per 10 vehicle spaces.
3.
Barber/beauty shops, day spas, massage therapists and hair stylists:
two stalls per station, plus one bicycle space per 10 vehicle spaces.
4.
Funeral home, mortuaries: one stall for every 50 square feet of building
area.
d.
General commercial uses.
1.
Retail stores including clothing, shoes, stationery, sporting goods,
kitchen wares, gift shops, book stores and beauty supplies: one stall
per 350 square feet of building area, plus one bicycle space per 10
vehicle spaces.
2.
Convenience stores: one stall per 200 square feet of building area,
plus one bicycle space per 10 vehicle spaces.
3.
Furniture, hardware and applicance stores: one stall per 600 square
feet of building area, plus one bicycle space per 10 vehicle spaces.
4.
Grocery stores: one stall per 300 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
5.
Antique and second-hand shops: one stall per 350 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
6.
Auto parts: one stall per 500 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
e.
Eating and drinking establishments.
1.
Coffee and tea establishments, candy shops and bakeries: one stall
per 100 square feet of building area, plus one bicycle space per 10
vehicle spaces.
2.
Restaurants (other than fast food): one stall per four seats, plus
one bicycle space per 10 vehicle spaces.
3.
Fast food establishments: one stall per 100 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
4.
Donut shops: one stall per 100 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
5.
Sandwich shops and delicatessens: one stall per 100 square feet of
building area, plus one bicycle space per 10 vehicle spaces.
6.
Sports bars: One stall per three seats, plus one bicycle space per
10 vehicle spaces.
7.
Bars: one stall per three seats, plus one bicycle space per 10 vehicle
spaces.
f.
Service commercial establishments.
1.
Tire, brake, radiator, and auto repair shops: one stall per 200 square
feet of building area, plus one bicycle space per 10 vehicle spaces.
2.
Multitenant auto-related shops: one stall per 200 square feet of
building area, plus one bicycle space per 10 vehicle spaces.
3.
Full-service car washes: one stall per 200 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
4.
Self-service car washes: one parking stall per bay.
5.
New/used car sales: one parking space for each two employees during
the time of maximum employment, plus one parking space for each 2,000
square feet of lot and building area used for the display or storage
of automobiles, plus one bicycle space per 10 vehicle spaces.
6.
Oil change shops: one stall per bay, plus one bicycle space per 10
vehicle spaces.
7.
Service stations: one stall per 300 square feet of building area,
plus one bicycle space per 10 vehicle spaces.
8.
Auto glass, upholstery and stereo shops: one stall per 200 square
feet of building area, plus one bicycle space per 10 vehicle spaces.
9.
Paint and body shop: one stall per 200 square feet of building area,
plus one bicycle space per 10 vehicle spaces.
10.
Wholesale establishments: one stall per 600 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
g.
Recreation uses.
1.
Health clubs: one stall per 100 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
2.
Bowling alleys: one stall per 100 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
3.
Dance and martial arts studios: one stall per 100 square feet of
building area, plus one bicycle space per 10 vehicle spaces.
4.
Golf courses: 1.5 stalls per tee plus one stall for every four seats,
plus one bicycle space per 10 vehicle spaces.
5.
Stadiums, arenas, and other outdoor facilities: one stall for every
five seats, plus one bicycle space per 10 vehicle spaces.
6.
Video arcades: one stall per 100 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
7.
Rodeo and equestrian facilities: one stall for every five seats,
plus one bicycle space per 10 vehicle spaces.
8.
Miniature golf course: 1.5 stalls per tee, plus one bicycle space
per 10 vehicle spaces.
h.
Miscellaneous commercial.
1.
Retail nursery/garden shops: one stall for every 1,000 square feet
of outdoor display area, plus one bicycle space per 10 vehicle spaces.
2.
Agricultural chemicals/sales: one stall per 500 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
3.
Agricultural services, including topping, farming operations, trucking,
farm maintenance, spraying, agricultural contractors, and contract
farming: one stall per 500 square feet of building area, plus one
bicycle space per 10 vehicle spaces.
4.
Farm machinery, sales and service: one stall per 500 square feet
of building area, plus one bicycle space per 10 vehicle spaces.
i.
Industrial uses.
1.
Manufacturing: one stall per 500 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
2.
Fabrication: one stall per 500 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
3.
Mini-storage: two stalls plus one stall for every 250 square feet
of building area
4.
Warehousing: one stall per 1,000 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
5.
Packing house: one stall per 750 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
j.
Institutional uses.
1.
Churches: one stall per four seats, plus one bicycle space per 10
vehicle spaces.
2.
Schools.
(a)
Nursery and pre-schools: one stall per classroom plus one stall
for every 250 square feet of nonclassroom building area, plus one
bicycle space per four students.
(b)
Elementary and middle schools: one stall per two classrooms
plus one stall per staff member, plus one bicycle space per four students.
(c)
High schools: three stalls for every two staff members, plus
one bicycle space per four students.
(d)
Colleges: one parking space for each employee plus 10 parking
spaces for each classroom, plus one bicycle space per four students.
3.
Libraries, museums and art galleries: one stall per 500 square feet
of building area, plus one bicycle space per 10 vehicle spaces.
4.
Hospitals: one stall per bed, plus one bicycle space per 10 vehicle
spaces.
k.
Government.
1.
Governmental centers: one stall per 400 square feet of building area,
plus one bicycle space per 10 vehicle spaces.
2.
Courthouses: one stall per 400 square feet of building area, plus
one bicycle space per 10 vehicle spaces.
3.
Public safety buildings: one stall per 400 square feet of building
area, plus one bicycle space per 10 vehicle spaces.
4.
Corporation, transporation and fuel yards: one stall per 500 square
feet of building area.
5.
Wastewater treatment facilities: one stall per 400 square feet of
building area.
6.
Water treatment facilities: one stall per 400 square feet of building
area.
a.
Design dimensions. Parking lots shall be designed to be consistent
with the standards, dimensions and requirements of the details contained
in Exhibit 45-1. The construction of parking lots shall be consistent
with the improvements standards contained in Firebaugh's Improvements
Manual.
|
Exhibit 45-1: Parking Design
 |
b.
Circulation.
1.
Parking lots shall be designed so that backing into a public street
from a parking stall shall be minimized in order to maintain effective
traffic flow along the public street. Single-family dwellings will
be exempt from this requirement. The use of alleys to access parking
lots shall be encouraged.
2.
Commercial parking lots shall be designed to allow for cross parcel
access (to the extent practical) to preclude vehicles from having
to travel onto the street to access adjacent parcels.
c.
Paving, slope and drainage. All parking lots shall be constructed
with a four-inch aggregate base and a two-inch asphalt or concrete
overlay, described in the Firebaugh Improvements Manual. Parking lots
shall be sloped so that stormwater runoff flows towards public streets
or alleys, into on-site landscape planters or bioswales or into pervious
hardscape features.
d.
Curbing and wheel stops. Concrete curbing shall be provided around
all parking lots and landscape planters consistent with the Firebaugh
Improvements Manual. Wheel stops may be provided in parking stalls
to ensure that the overhang of a vehicle does not interfere with pedestrian
movements along a sidewalk, or damage landscaping adjacent to the
parking lot.
e.
Striping and symbols. Parking lot stalls and travel lanes shall be
clearly marked with painted strips. Parking stalls for handicapped
persons shall be stripped and provided with the appropriate symbols
and signage that are consistent with the American Disabilities Act[1] (see Exhibit 45-2).
|
Exhibit 45-2: Striping and Handicap Space Design Standards
 |
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
f.
Lighting. All parking lots shall have pole lighting that property
illuminates the parking lot but does not cause a nuisance for adjoining
properties.
g.
Driveways. Driveways from a public street or alley shall have locations
and dimensions consistent with the Firebaugh Improvements Manual.
For one-way driveways the width of the driveway shall be 15 feet;
two-way driveways shall have a minimum width of 25 feet.
h.
Landscaping (see also Exhibit 45-3). All parking lots shall be landscaped in accordance with the requirements in § 25-43 (Landscaping, Irrigation and Grading). Trees shall be planted within all parking lots. Tree species shall be selected that will not cause damage to the parking lot or adjacent sidewalks, driveways or curbing, and will shade more than 50% of the parking lot within 10 years. Landscape planters between the parking lots and public streets shall be planted with low hedges. As an alternative, a low wall (three feet) may be constructed and shrubs, turf or ground cover may be planted between the wall and the street.
|
Exhibit 45-3: Typical Parking Lot Landscaping Scheme
 |
i.
Location criteria. Parking lots shall be located on the same property
as the building they serve, except that parking for buildings in the
Central Commercial (C-2) district may be located within 300 feet of
the subject property. In the C-2 district, parking lots shall be located
at the rear or side of the subject building. Parking lots shall not
be located on the corner where two streets intersect.
j.
Shared parking.
1.
Where two or more nonresidential uses share a single parking lot,
the number of required parking spaces may be reduced by a maximum
of 20%, as long as the total number of spaces is not less than the
required for the use requiring the largest number of spaces.
2.
Where nonresidential uses share a single parking lot and it can be
demonstrated that the uses operate at different times of the day (an
evening use versus a daytime use), the required number of parking
spaces may be reduced by up to 50% of the combined parking requirements
of the two uses.
k.
Parking in lieu fee. For development in the downtown (generally defined
as the area bounded by N Street on the west, Fourteenth Street on
the south, Q Street on the east, and 8th Street on the north) the
City may establish an in-lieu parking fee, whereby uses that cannot
provide required parking on site can pay the City a fee for the City
to use to purchase and develop public parking facilities within the
area. The fee shall be established based on a study performed by the
City Engineer, and adjusted annually.
l.
Bicycle parking. Commercial, industrial and public uses are subject
to the following bicycle parking standards:
1.
Short-term bicycle parking. If the project will generate frequent
visitor traffic (such as fast food restaurants, banks, convenience
stores, supermarkets and similar uses) the project shall provide a
permanently anchored bicycle rack within 200 feet of the visitors'
entrance, at a ratio of one two-bike capacity rack for each 20 motorized
vehicle parking spaces, with a minimum of one two-bike capacity rack.
2.
Long-term bicycle parking. Buildings with over 10 tenant-occupants
or a floor area of 20,000 square feet or more shall provide secure
bicycle parking at a ratio of one two-bike capacity rack for each
20 motorized vehicle parking spaces with a minimum of one two-bike
capacity rack.
m.
Parking standard modifications. Parking space requirements may be
modified through Firebaugh's minor deviation process. A reduction
of up to 20% in a project's required parking spaces may be approved
by the Planning Director if the following findings can be made:
1.
That the granting of the minor deviation will not create a safety
hazard or lead to a condition where the loading of public vehicles
onto public streets will interfere with the free flow of traffic on
these streets.
2.
That the granting of the minor deviation will not create a safety
hazard of any other condition inconsistent with the objectives of
the Zoning Ordinance.
n.
Handicapped parking spaces. Handicapped parking stalls shall be provided
per the Building Code. Handicapped parking stalls shall be designed
consistent with the illustrations shown in Exhibit 45-2.
[Amended 12-5-2022 by Ord. No. 22-04]
o.
Loading facilities.
1.
Commercial, industrial, office, institutional, and public uses exceeding
10,000 square feet in size shall be required to install an off-street
loading facility unless the Planning Director finds that due to the
operational nature of the use, none or more than one off-street loading
space should be required.
2.
To the extent possible, loading facilities should be located at the
rear or side of the building that they are to serve.
3.
Streets and alleys shall not be used as loading or unloading areas,
nor shall trucks use streets and alleys for maneuvering trailers into
a loading space.
4.
Loading facilities, at a minimum, shall have a length of 25 feet,
a width of 12 feet, and an overhead clearance of 14 feet. All loading
surfaces shall be paved consistent with Firebaugh's Improvements Manual.
5.
Where a loading facility is near or adjacent to a residential district
or other noise-sensitive land uses, noise attenuating design measures
will be incorporated into the project. These design measures could
include increased setback distances, the construction of a seven-foot
solid block wall, landscaping or locating the loading facilities away
from noise-sensitive land uses.
6.
All loading facilities shall be lighted to provide adequate illumination
of the loading area for safety and security reasons. Where a loading
area is near or adjacent to a residential district or other light-sensitive
uses, the lighting shall be directed away from these uses.
The purpose of this § 25-47 is to establish procedures for regulating signs, including the type, size, location and construction standards of signs by zone district. Signs have an obvious impact on the character and quality of the City. As a prominent part of the visual environment, they attract or repel the viewing public, affect the safety of vehicular traffic and their suitability or appropriateness helps to set the tone of the neighborhood. The objectives of this chapter include the following:
a.
To reinforce that the sign should serve primarily to identify the
general nature of an establishment or to direct attention to a project,
activity, place, person, organization, or enterprise.
b.
As identification devices, signs must not subject the citizens of
the Firebaugh to excessive competition for their visual attention.
As appropriate identification devices, signs must harmonize with the
building, the neighborhood, and other signs in the area.
c.
The City of Firebaugh intends to encourage the installation of signs
that improve the appearance of the property and the neighborhood and
to enhance the economic effectiveness of signs.
d.
The provisions in this chapter provide standards to safeguard life,
health, property, and public welfare in keeping with the character
of the City of Firebaugh by regulating the size, height, structural
design, quality of materials, construction location, electrification,
illumination and maintenance of all types of signs and sign structures.
e.
The provisions in this section present criteria indicating whether
or not signs conform to the above intentions of suitability and safety.
[Amended 12-5-2022 by Ord. No. 22-04]
No sign shall be erected, placed, established, painted, created,
or maintained in the City which is not in conformance with the standards,
procedures, and other requirements of these provisions. All signs
erected within the Firebaugh City limits shall be subject to the sign
application procedures within these provisions. The regulations in
this chapter are in addition to those set forth in the California
Building Code and the Electrical Code, as adopted, and any amendments
made thereto by the City, and the nuisance provisions in the Firebaugh
Municipal Code.
Signs permitted by zone district are listed as follows:
a.
Residential, Urban Reserve and Open Space Zone districts: (R-1, R-1-4.25,
R-1-5, R-2, R-2-A, R-3, R-3-A, MPH, U-R, O). Unlighted signs and other
commercial advertising shall be permitted in residential districts
only as provided in this section.
1.
Name plates shall be permitted subject to the following conditions.
(a)
Maximum size: two square feet.
(b)
Content: Name plates may display the following information:
(1)
Name of the premises upon which it is displayed.
(2)
Name of the owner or lessee of the premises.
(3)
Address of the premises.
(4)
Nature of a home occupation engaged in on the premises.
(5)
Private information such as "beware of dog" or "no solicitors"
that does not contain an advertising message.
(c)
Placement: Name plates shall be affixed flush to the subject
building.
(1)
"For Rent" and "For Sale" signs shall be permitted. Not more
than two such signs, not exceeding a total of six square feet (aggregate)
in area, shall be permitted on any lot or parcel.
(2)
For subdivisions, apartment complexes and mobile home parks,
churches and other permitted institutional uses, no more than one
sign shall be erected at any entrance to the development. Signs shall
not exceed 35 square feet for all readable surfaces, nor exceed four
feet in height.
(3)
For properties in the U-R (Urban Reserve) district, there shall
be permitted one non-illuminated sign for each street frontage. The
total area of such sign shall not exceed 40 square feet. Information
on the sign shall pertain only to products for sale upon the premises
or services rendered thereon or therefrom.
b.
Commercial, Industrial and Government Zone districts: (C-1, C-2,
C-3, M-1, M-2 and G districts): The following signs are permitted
for each business in commercial and industrial districts (see also
Exhibit 47-1 for graphic illustration of standards for various sign
types). For multitenant shopping centers or office parks containing
three or more individual uses, a coordinated sign program shall be
submitted for review and approval by the Planning Director. Further,
the Planning Commission may approve sign programs, sign size, placement
and design which do not strictly comply with sign ordinance requirements
when deemed necessary due to building design, site layout, site design
and other similar circumstances, consistent with the intent of the
sign ordinance. Such a request shall be by conditional use permit,
consistent with the procedures established in Chapter 51 (Conditional
Use Permits).
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Exhibit 47-1: Selected Commercial Sign Standards
 |
1.
Wall signs.
(a)
Number of signs per business. The number of wall signs permitted
per business or parcel is as follows:
(1)
One primary wall sign is permitted on the wall with the primary
public entrance to the business. For businesses with more than one
entrance, only one entrance shall be counted as the primary entrance.
(2)
Where the site abuts a public street and the primary wall sign
is on a wall not facing the street, a secondary wall sign is permitted
on the wall facing the street.
(4)
For businesses fronting onto a public alley, one alley wall
sign is permitted for the wall that faces onto the alley.
(b)
Calculation of wall sign area:
(1)
For a primary wall sign, 0.9 square foot of sign area is permitted
for each foot of linear occupancy frontage, as shown in Exhibit 4,
up to a maximum of 150 square feet of sign area, whichever is less.
Notwithstanding this regulation, all businesses shall be permitted
a minimum of 25 square feet of primary wall sign.
(2)
Where a secondary wall sign is permitted, the maximum sign area
shall be one-half the permitted sign area of a primary sign.
(3)
For an alley wall sign, the maximum sign area shall be 25 square
feet.
(4)
For multitenant buildings, each tenant shall be permitted one
sign mounted on the wall with the primary entrance, except for corner
units which may be permitted a primary wall sign and a secondary wall
sign.
(c)
Maximum height: Not to exceed the top of the vertical wall surface
on which the sign is mounted. Signs mounted on a pitched roof may
not extend above the peak of the ridge line of the roof. No sign is
permitted on the top of a flat-roofed structure.
2.
(Reserved)
3.
Freestanding signs.
(a)
Maximum height: 10 feet.
(b)
Maximum area: 35 square feet per sign face.
(c)
Sign design: Freestanding signs shall be designed as a monument
sign with a solid base extending the entire height of the sign.
(d)
Number per parcel: One freestanding sign is permitted per parcel
(or collection of parcels functioning as a single integrated development)
for each 1,000 feet of street frontage, or fraction thereof, except
that parcels with frontage on more than one public street shall be
permitted one freestanding sign for each 1,000 lineal feet of frontage
(or fraction thereof) on each street.
(e)
Setbacks: A freestanding sign shall be set back a minimum of
five feet from any interior side property line. Encroachment into
a setback may be permitted by the Planning Director where the location
of existing improvements presents a functional hardship in compliance
with the required setback.
(f)
Landscaping. All freestanding signs shall be surrounded by landscaping
of an area at least twice the size of the area of one side of the
sign structure.
4.
Directional signs.
(a)
Maximum height: four feet.
(b)
Maximum area: six square feet.
(c)
Number per site: one per driveway from a public street.
(d)
Location: Directional signs shall be placed within five feet
of a driveway that accesses the site from a public street. Placement
of directional signs shall ensure the sight safety of vehicles entering/leaving
a site is not compromised.
5.
Directory signs.
(a)
Number per site: one per public vehicle and/or pedestrian entrance
to the site.
(b)
Maximum area: 35 square feet.
(c)
Maximum height (if freestanding): six feet.
(d)
Location: No directory sign which is a freestanding sign may
locate closer than five feet to any neighboring property line or closer
than three feet to any point of ingress/egress.
6.
Temporary/portable signs.
(a)
Banners:
(1)
Number of signs: One banner sign is permitted per business.
(2)
Maximum Height: Not to exceed roofline of nearest building or
building affixed to but in no case higher than 30 feet. Banner signs
shall not be attached to existing freestanding signs.
(3)
Maximum area: 50 square feet.
(4)
Permitted time: Banner signs may not be utilized for more than
30 days per calendar year. The banner shall include a date visibly
noted on the sign and be removed within 30 days of the posted date.
(5)
Temporary signs used to identify a business shall be removed
within 30 days and replaced with a permanent sign.
(b)
Sandwich board signs:
(1)
Maximum height and width: three feet wide and four feet tall,
maximum.
(2)
Maximum area: 12 square feet.
(3)
Number per business: one.
(4)
Location: May be placed on the business site as long as conflicts
with vehicle safety are not caused. May also be placed on the public
sidewalk adjacent to the business with approved encroachment permit,
but must permit a minimum of four feet of passage area on sidewalk,
and be no closer than 25 feet to a driveway or a cross street.
(5)
Permitted display time: During business hours.
(c)
Changeable message signs. A business that enters into an agreement
with the City to not use temporary signs may be permitted a changeable
message sign to be incorporated into its freestanding monument sign,
or as a building wall sign, provided that the overall sign area for
the business is not increased (see Exhibit 47-3). When a changeable
message sign is added to a freestanding sign, the area of the sign
may be increased so the total sign face area does not exceed 50 square
feet per sign face. When a changeable message sign is added to a wall,
sign, the total sign area may be increased up to 20% over the permitted
area.
7.
Projecting signs.
(a)
Maximum height and projection: Not to exceed roofline of wall
or structure to which projecting sign is attached. (Note: Bottom of
sign shall be a minimum of eight feet from ground to provide proper
clearance.)
(b)
Number per business: One, but a projecting sign is permitted
only where a wall sign is not used on the same wall.
(c)
Calculation of area: 0.5 square foot of sign area for each lineal
foot of building frontage of the business to which sign pertains.
(d)
Maximum area: 20 square feet.
(e)
Location: Projecting signs may extend over public rights-of-way
including public sidewalks, not to exceed 2/3 of the distance from
the building face to which the sign is attached to the curb face of
said sidewalk.
8.
Awning/canopy signs.
(a)
Number of signs: Where an awning is present, a sign may be applied
to the awning.
(b)
Maximum area: The area of signage on each surface of an awning
shall not exceed 25% of the area of the individual surface.
(c)
Location: Awning signs shall be made of removable materials
such as individual cut-out letters and/or symbols attached, stenciled
or otherwise placed on the canopy surface, and may be located on exterior
surfaces of a canopy. Canopy signs shall be of color, size and design
to harmonize with the color, size and design of the canopy on which
they are placed.
9.
Window signs. Maximum area: Up to 25% of the area of each individual
window may be covered with a window sign or graphic. No permit is
required for window signs.
10.
Alley-side signs.
(a)
Number of signs/sign area: Any building facing a public alley
shall be permitted one alley-side sign with a maximum of 25 square
feet of sign area. An alley-side sign may be in the form of either
a wall-sign, awning sign, or projecting sign.
(b)
Height. Alley side signs may not project above the wall on which
they are mounted.
12.
13.
14.
Incidental traffic control signage in parking lots within private
developments.
(a)
Number of signs and size: As determined to be necessary by the
City Engineer.
15.
Special uses standards.
(a)
Open air sales. In addition to the sign area permitted under
this section, 10 square feet of additional sign area is permitted
for every 5,000 square feet of site area for vehicle and large equipment
sales operations. The additional signage may be used to increase the
allowable area for wall signs and freestanding signs, except that
height shall not be increased for freestanding signs.
(b)
Drive-through menu boards. No more than two drive-through menu/order
boards are permitted for each food and/or beverage establishment featuring
a drive-through. Each sign shall not exceed 40 square feet and be
no taller than eight feet.
a.
Construction project signs. Construction project signs shall not
exceed 32 square feet in area, and eight feet in overall height, unless
legally required by governmental contract to be larger. One sign is
permitted for each street upon which the construction site fronts.
A construction project sign shall not require a sign permit and may
exist no longer than the period of construction.
b.
On-site subdivision advertising signs.
1.
Time of placement: Subdivision signs shall be permitted as long as
some portion of the property advertised for sale remains unsold or
up to two years in duration, whichever is less.
2.
Location: Subdivision signs may only be located on the premises which
they advertise.
3.
Size and number of signs: No individual sign may exceed 120 square
feet of area and be no taller than 10 feet. No more than four separate
signs are permitted on the grounds of each subdivision.
4.
Model home lots: Signs are permitted on the same lot with a model
home provided they do not exceed four in number and 10 square feet
each in area. Signs shall be removed after the developer concludes
the initial sale of the lots or homes to their initial owners.
c.
Off-site subdivision advertising signs.
1.
Time of placement: Subdivision signs shall be permitted as long as
some portion of the property advertised for sale remains unsold or
up to two years in duration, whichever is less.
2.
Location: Off-site subdivision signs may be permitted only on private
property, as long as written consent of the property owner is obtained.
Off-site subdivision signs are not permitted within street rights-of-way
or any other public property.
3.
Size and number of signs: No individual sign may exceed 80 square
feet of area and be no taller than 10 feet. No more than one sign
is permitted on any given property, and no more than one sign is permitted
per street intersection. Each sign shall be set back not less than
eight feet from the front property line.
All signage shall incorporate attractive design elements consistent
with the following, as applicable:
a.
Design compatibility: The design of all signs shall be compatible
and harmonious with the colors, materials and architecture of the
building and the immediate vicinity. Freestanding signs shall be finished
with the same or compatible materials as the building on the site.
b.
Size: Notwithstanding applicable sign standards elsewhere in this
chapter, sign size shall be proportionate to the size and scale of
the site and/or building upon which the sign is proposed. Sign dimensions
as specified in this chapter are maximum allowable dimensions; it
may be necessary that signs be smaller than the maximum allowed, in
order to be proportionate in size and scale to achieve the design
objectives of this section.
c.
Commercial and industrial center signs: Individual tenant signs within
multitenant centers shall be coordinated in size, location, materials
and illumination.
d.
Color: Colors shall be used in coordinated groupings, and shall be
compatible with those colors used in the building or project design.
For cabinet-style signs, a dark sign background is preferred with
light colored copy (characters/graphics).
e.
The Director shall determine if proposed signs satisfy the criteria
specified in this section.
f.
Logos and trademarks: The use of established corporate colors or
logos shall not be prohibited by this section. When established corporate
colors are incompatible with buildings colors, compatibility in design
with the surrounding development should be accomplished through the
use of appropriate background colors or other design features.
g.
Lighting intensity: The light emitted or reflected by a sign, or
emitted by a light source, shall be of reasonable intensity and shall
be compatible with the architecture of the building and the immediate
vicinity. Artificial light sources shall be shielded to prevent light
spillage, glare or annoyance to persons on or inside adjoining properties
or to public or private rights-of-way.
|
Exhibit 47-3: Selected Sign Design Criteria
 |
h.
Sign bases and frames: Freestanding signs shall be either housed
in a frame, or set onto a base, presenting a solid, attractive, and
well-proportioned appearance. The size and shape of the frame or base
shall be proportionate to the size and mass of the sign and should
be low-profile in design. Pole-type signs are not permitted. Guy wires,
angle irons, braces and other support or construction elements shall
be screened or hidden from view.
i.
Landscaping: Freestanding signs shall be located in a landscaped
area proportionate to the size of the sign, but not less than twice
the size of one side of the sign face. Appropriate screening/accent
landscaping should be placed at the base of the sign.
j.
Sign copy: Sign copy should be simple and concise without excessive
description of services or products. On freestanding signs, sign copy
should be designed to contribute to the design of the structure on
which it is displayed. In all cases, freestanding sign design and
sign copy should be coordinated to provide an attractively designed
freestanding element which identities the development or project.
k.
Wall signs: Building signs should be mounted flush against the building,
and shall not project above the roof ridge or the top of the parapet.
l.
Maintenance: All signs and their supporting members shall be kept
in good repair and maintained in good structural condition at all
times.
m.
Design quality. All signs shall be professionally designed and manufactured.
Signs that utilize hand-made lettering or elements should be avoided.
Prohibited signs are as follows:
a.
Any sign mounted or attached to a vehicle parked for the purpose
of calling attention to or advertising a special business establishment.
b.
Any sign or sign structure which has become a public nuisance due
to inadequate maintenance, dilapidation, or abandonment.
c.
Any sign which obstructs in any manner the ingress to, or egress
from, a door, window, fire escape, or other access way required by
building codes adopted by the City of Firebaugh.
d.
Any sign unlawfully installed, erected, or maintained.
e.
Any sign now or hereafter existing which no longer advertises a business conducted or a product sold as prescribed in this § 25-47.
f.
Any sign which encroaches into any City right-of-way and/or easement,
except an approved pedestrian, canopy, wall sign or projecting sign.
g.
Any unofficial sign, signal or device, or any sign, signal or device
which purports to be or is an imitation of, or resembles an official
traffic sign or signal, or which attempts to direct the movement of
traffic, or which hides from view any official sign or signal.
h.
Any light of any color of such brilliance as to blind or impair the
vision of drivers upon any roadway. Further, no light shall be placed
in such a position as to prevent the driver of a vehicle from readily
recognizing any traffic sign or signal.
i.
Any sign located so that it interferes with visibility at an intersection,
public right-of-way, driveway, or other ingress/egress.
j.
Any sign located or displayed on or over public property except as
expressly permitted by these provisions, unless approved by the City
Council.
k.
Any sign attached to a tree.
l.
Any roof-top mounted sign.
m.
Blimps, balloons or other forms of aerial advertising.
n.
Any sign erected or maintained which has less horizontal or vertical
clearance from communication lines and energized electrical power
lines than that prescribed by the state, or rules and regulations
duly promulgated by agencies thereof.
o.
Off-site signs, advertising structures and billboards.
The following signs and devices shall not be subject to the provisions in this § 25-47:
a.
Signs placed by a governmental body or public utility, required to
be maintained by law.
b.
Memorial tablets or plaques placed by recognized historical agencies.
c.
Flags of the national or state government.
d.
Traffic or other signs of government agencies, signs required by
law or contract with a governmental agency, railroad crossing signs,
legal notices, and such temporary emergency or nonadvertising signs
as may be authorized by the City Council.
e.
Decorations or window signs to celebrate nationally recognized holidays
and local celebrations.
f.
Temporary political signs that adhere to the following regulations:
1.
Political signs are permitted on lots or parcels privately owned
with permission of the property owner.
2.
The combined area of signs by any one candidate on any one parcel
shall not exceed 32 square feet.
3.
Political signs shall not be attached to trees, fence posts, or utility
poles, except on private property where signs may be attached to fence
posts with permission of the property owner.
4.
Political signs shall not be lighted either directly or indirectly.
5.
No political sign or portion thereof shall be placed in any street
right-of-way or on any City-owned property.
6.
No sign shall be erected in violation of street corner setback requirements
which are established to ensure traffic safety, nor shall any such
sign interference with pedestrian traffic.
7.
Political signs shall be erected no more than 60 days prior to the
date of the election.
8.
All political signs shall be removed within 14 days following the
date of the election. Signs not removed within this period may be
removed by the City and the cost of removal assessed against the candidate.
g.
Temporary signs placed by recognized nonprofit or other community
organizations advertising community events. Such signs shall be limited
to 16 square feet in area and no taller than four feet. Only one such
sign is permitted per parcel. Said signs shall be erected no more
than 14 days before the event and shall be removed no more than seven
days after the event.
It is the intent of the City Council, for purposes of promoting
the local economy, tourism, and for further purposes of beautifying
the City, to adopt standards regarding murals, their location and
design.
a.
Location. Murals may be located on the sides of buildings and walls
on property in any commercial, industrial or public/quasipublic zone
district within the City of Firebaugh.
b.
Mural design approval. Prior to painting, installation and execution
of a mural, an application shall be submitted to the Director. The
application shall include a detailed drawing or sketch of the mural
plus other details as prescribed on the application or deemed by Director
to be pertinent. The Director shall forward the application, with
a recommendation, to the Planning Commission. The Commission shall
review and approve, approve with modifications, or deny the application
as submitted.
c.
Criteria for design of murals.
1.
The subject matter of the mural shall be of historical or community
significance regarding the growth and development of the City of Firebaugh
and its surrounding environs or be of such high quality as to be appropriate.
A mural shall not contain elements that advertise an existing business
or product.
2.
The paint to be used shall be appropriate for use in an outdoor locale,
for an artistic rendition and shall be of a permanent, long-lasting
variety.
3.
The mural shall be designed and painted by qualified mural artists
with sufficient knowledge in the design and painting of such projects.
4.
To the extent feasible, the mural shall be vandal- and graffiti-resistant.
d.
Planning Commission review. A request for approval of a mural shall be processed consistent with the public hearing requirements of a conditional use permit (§ 25-51) of this Ordinance, including a public hearing before the Planning Commission.
e.
Appeal to City Council. Within 10 days of the Planning Commission's
decision on a mural, any interested party may appeal a decision of
the Planning Commission regarding a mural application. The appeal
must be in writing and must be received by the Planning and Building
Department within 10 days of the action by the Planning Commission.
Following public notice and public hearing, the appeal shall be considered
by the City Council. Action of the City Council shall be considered
final.
f.
Mural design amendment. Prior to amending an approved mural design
(whether painted or not painted), an application for an amendment
shall be submitted to the Director. The application shall include
a detailed drawing or sketch of the mural, plus other details as prescribed
on the application or deemed by staff to be pertinent. The Director
shall forward the application, with a recommendation, to the Planning
Commission. The Commission shall review and approve, approve with
modifications, or deny the application as submitted.
The lawful use of a sign existing on the effective date of this § 25-47, although such use does not conform to the provisions of this § 25-47, may be thus continued; provided, however, a nonconforming sign which has been abandoned, or the use for which it is advertised has ceased to function for a period of 90 days or more, shall be brought into conformity with the provisions of this § 25-47.
a.
No nonconforming sign shall in any manner (except for face changes) be structurally altered, reconstructed, or moved without being made to comply with the provisions of this § 25-47; however, nothing herein shall prohibit the painting, maintenance, or repairing of such sign, including the face and changing of copy.
b.
If, at any time, any sign in existence or maintained on the effective date of § 25-47, which does not conform to the provisions of § 25-47, is destroyed by fire, accident, explosion or act of nature to the extent of more than 50% of the value thereof, such sign shall be subject to all the provisions of this § 25-47. For the purposes of this § 25-47, the value of any sign shall be the estimated cost of replacement of the sign in kind as determined by the Chief Building Official.
c.
The Code Enforcement Officer or his/her designee shall immediately
cause the removal of any sign which, in the judgment of the Code Enforcement
Officer or the Public Works Director, is found to be within the public
right-of-way and/or easements and are found to place citizens in immediate
peril, by any or a combination of the following methods using sound
judgment under the circumstances:
1.
Removal or modification of said sign by City staff with business
owner (or property owner if business has ceased operations) to be
billed for time and materials.
2.
Notification orally or in writing to the business owner causing the
removal of said signs within a twenty-four-hour period or lesser period
of time, as prescribed by the Code Enforcement Officer.
3.
Immediate citation of the business owner (or property owner if business
has ceased operations) or party responsible for said sign.
d.
Any business that has ceased operations for at least 30 days shall
remove all temporary signs and all window signs.
Except for where otherwise stated in this title, no sign may
be placed or erected without written approval issued by the Director
in the form of a sign permit. In addition, building permits shall
be required for the erection of signs, except painted, window, or
temporary signs, following the issuance of written approval by the
Director.
a.
Applications: Applications for sign approval shall be made upon forms
provided by the Director. Three sets of sign plans shall be submitted
to the Director for review. Sign plans shall include the following:
1.
Address of sign location.
2.
Name and phone number of owner and/or applicant.
3.
Name, address, and phone number of contractor or erector.
4.
A site plan showing location of proposed sign(s) on the subject site.
5.
Elevation drawing(s) showing location on building or other structure,
including height of sign and any projection from building.
6.
Elevation of sign showing dimensions and materials.
7.
Construction details of typical sections for all proposed signs.
In some cases, the Building Inspector will require that the details
are accompanied by the signature of a California-licensed engineer
or architect.
8.
Sign valuation, and for electric signs, the number of transformers.
9.
Additional information may be required as deemed necessary by the
Director, including engineered footing and foundation details for
freestanding signs.
b.
Review of sign applications. Permission for installation of a sign shall be issued only after review by the Director, or designee, who shall approve, disapprove, or conditionally-approve the sign application on the basis that it conforms to the purpose and the standards of this § 25-47.
c.
Maintenance. All signs and supporting structures shall be kept in
good repair and in proper state of preservation. The display surfaces
of all signs shall be kept neatly painted and clean. The immediate
surrounding premises shall be maintained free of weeds and rubbish.
The Director is authorized to order the painting, cleaning or repair
of signs which become dilapidated and the cleaning of the immediate
premises. Such maintenance shall be completed within 30 days of receiving
written notice.
A minor deviation allowing an increase of up to 10% in permitted
sign area standards may be granted by the Director upon written request,
subject to such conditions as it may impose without any notice, if
the Director finds that to do so would not be detrimental to the public
welfare or injurious to property and improvements in the area in which
the property is located.
a.
Findings. Minor deviation may be granted upon making the following
findings:
1.
There are exceptional or extraordinary circumstances or conditions
which apply to the property involved or the existing or intended use
of the property which do not apply generally to other properties in
the same zoning district.
2.
Granting of a minor deviation will not negatively impact surrounding
properties.
b.
Appeals. Any decision of the Director regarding a minor deviation
may be appealed to the Planning Commission. Any decision of the Planning
Commission may be appealed to the City Council. All appeals shall
be accompanied by an appeal fee as required by the City.
This § 25-49 establishes the procedure for changes in zoning designations for parcels, and also for changes in zoning standards within the text of the Firebaugh Zoning Ordinance.
a.
A change in the boundaries of any district may be initiated by the
owner of the property within the area for which a change of district
is proposed or the authorized agent of the owner filing an application
for a change of district boundaries. If the area for which a change
in district is proposed is more than one ownership, at least 50% of
the property owners or their authorized agents shall join in filing
the application.
b.
A change in boundaries of any district or a change in a district
regulation may be initiated by application of a private party, or
by resolution of the Planning Commission, or by action of the City
Council in the form of a request to the Planning Commission.
a.
A property owner or authorized agent, desiring to propose a change
in the boundaries of the district in which the property is located,
may file an application with the Planning Commission for a change
in district boundaries on a form prescribed by the Planning Commission
which shall include the following data:
1.
Name and address of the applicant.
2.
Statement that the applicant is the owner of the property for which
the change in district boundaries is proposed or the authorized agent
for the owner, or the plaintiff in an action of eminent domain to
acquire the property involved.
3.
Address and description of the property, including Assessor Parcel
Number, number of acres, land use, surrounding land uses and other
details that could be relevant to the proposal.
b.
The application shall be accompanied by a drawing of the site and
the surrounding area for a distance of at least 300 feet from the
boundary of the site, showing the location of streets, and property
lines and the names and last known addresses of the recorded legal
owners of all properties shown on the latest adopted tax roll of the
County of Fresno. Assessor's maps may be used for this purpose.
c.
The application shall be accompanied by a fee set by a resolution
of the City Council sufficient to cover the cost of processing the
application as prescribed in this chapter.
a.
Upon receipt the Planning Director shall review the application and
determine whether it is complete, and shall notify the applicant of
any discrepancies or additional information required to properly analyze
the request. The Planning Director shall make an investigation of
the application and shall prepare a report thereon which shall be
submitted to the Planning Commission, including a recommendation as
to the action to be taken by the Planning Commission and a statement
supporting such recommendations.
b.
The Planning Commission shall hold a public hearing on each application
for a change in district boundaries or a district regulation within
45 days of the date when the application was filed or the proposal
was initiated.
c.
Notice of a public hearing shall be given not less than 10 days prior
to the date of the public hearing by: 1) a publication of a notice
of the time and place of the hearing and a general explanation of
the matter to be considered in a newspaper of general circulation
within Firebaugh; and 2) mailing a notice of the time and place of
the hearings to all persons whose names appear on the property owners
list submitted under the provisions of this chapter.
a.
At the public hearing, the Planning Commission shall review the application
or the proposal and may receive pertinent evidence and testimony as
to why and how the proposed amendment is necessary to achieve the
objectives of the Zoning Ordinance prescribed in this chapter or how
or why the proposed amendment is consistent with the stated purposes
and application intended for the zone classification proposed.
b.
The Planning Commission may review proposals for the use of the property
for which a change in district boundaries is proposed or plans or
drawings showing proposed structures or other improvements, in light
of the fact that under the provisions of this chapter a change in
district boundaries cannot be made conditionally.
Within 45 days following the completion of the public hearing,
the Planning Commission shall make specific findings in writing as
to whether the change is required to achieve the objectives of the
Zoning Ordinance and the goals, policies and action programs of the
general plan. The Commission shall transmit a report to the City Council
recommending that the application be granted or denied, or that the
proposal be adopted or rejected, including, if warranted, a written
statement of the reasons for the recommendation, together with one
copy of the application, resolution of the Commission, the scale drawing
of the site and surrounding area and all other data therewith, the
minutes of the public hearing, the report of the Planning Director
and the findings of the Commission.
a.
Upon receipt of the Planning Commission's resolution and report,
the City Council shall hold a public hearing; provided, however, that
if the matter under consideration is an amendment to change property
from one district classification to another, and the Planning Commission
has recommended against the adoption of such amendment, the City Council
need not take any further action thereon unless an interested party
requests such a hearing by filing a written request with the City
Clerk within five working days after the Planning Commission files
its recommendation with the City Council.
b.
Notice of the time and place of said hearing shall be given in the time and manner provided in § 25-5, Public Hearings.
c.
The City Council, after the close of the public hearing, shall make
specific findings in writing as to whether the amendment is required
in order to achieve the objectives of the Zoning Ordinance and goals,
policies and action programs of the general plan and, when applicable,
whether the amendment would be consistent with the purposes and application
intended for the zoning district being proposed.
d.
The City Council may approve, modify or deny the recommendation of
the Planning Commission; provided, however, that if modified, the
modification shall be first referred to the Planning Commission for
report and recommendation. The Planning Commission shall not be required
to hold a hearing thereon. Failure of the Planning Commission to report
within 40 days of the reference (or such longer period as may be designated
by the City Council) shall be deemed to be approval of the proposed
modification by the Planning Commission.
e.
If the City Council finds that the proposed amendment is required
(in its original or modified form) it shall enact an ordinance amending
the regulations of this title. If the Council finds that an amendment
is not required, it shall deny the application or proposal for amendment.
A change in a district boundary shall be indicated on the Official
Firebaugh Zoning Map together with the date, the amendment action
and ordinance number.
Following the denial of an application for a change in a district
boundary, no application for the same or substantially the same change
shall be filed within one year of the date of denial of the application.
To protect the public interest, health, safety and welfare,
the City Council may adopt an urgency Zoning Ordinance amendment limiting
the use of property that may be in conflict with a general plan, specific
plan, or zoning amendment that is being contemplated by the Planning
Commission or City Council. The following regulations shall govern
the procedures for an urgency zoning ordinance amendment.
a.
Adoption of an urgency Zoning Ordinance amendment shall require a
four-fifths vote of the City Council.
b.
The urgency ordinance shall not be binding 45 days from its adoption
except under the following conditions.
1.
Subject to a public hearing, the City Council may extend the urgency
ordinance amendment for 10 months and 15 days.
2.
An urgency ordinance amendment may extended for an additional year,
subject to a four-fifths vote by the City Council.
3.
Ten days prior to the expiration or extension of an urgency ordinance,
the City Council shall issue a written report describing the measures
being taken to alleviate the condition that led to the adoption of
the urgency zoning ordinance.
Firebaugh may prezone unincorporated territory to delineate the zoning of the subject territory in the event of annexation to the City. The procedure for prezoning shall be consistent with the requirements for a zoning amendment outlined in this § 25-49.
 |
The purpose of this chapter is to establish procedures for processing
conditional use permits and temporary use permits. Certain uses listed
in districts in this Ordinance are permitted subject to receiving
a conditional use permit. Because of their unusual characteristics,
or unique area in which they are proposed, these uses require special
consideration so that they may be located properly with respect to
the purpose and objectives of this Ordinance and with respect to their
effects on surrounding properties.
An application for a conditional use permit shall be made to
the Planning Department on a form prescribed by the Department. The
application shall be accompanied by a fee set by resolution of the
City Council.
Upon receipt of a conditional use permit application, the Planning Department shall prepare a notice for a public hearing consistent with the requirements contained in § 25-5, Public Hearings. The application shall include the following information:
a.
Name and address of applicant.
b.
Statement that the applicant is the owner of the property, or is
the authorized agent of the owner.
c.
A site plan, drawn to scale, which shall show the following:
1.
Lot and building dimensions.
2.
All buildings and structures: location, size, height, and proposed
use.
3.
Yards and space between buildings.
4.
Walls and fences; location, height and materials.
5.
Off-street parking and loading: Location, number of spaces, dimensions of spaces, and internal circulation pattern, consistent with standards contained in § 25-45, Auto and Bicycle Parking and Loading.
6.
Access: pedestrian, vehicular and service. Points of ingress and
egress.
7.
Signs: location, size, height, and type of illumination, consistent with standards contained in § 25-47, Signs.
8.
Lighting: location and general nature.
9.
Street dedication and improvements.
d.
Where new construction or significant remodeling is proposed, preliminary
floor plans and front, side and rear elevations of the proposed structures.
a.
Upon receipt the Planning Director shall review the application and
determine whether it is complete, and shall notify the applicant of
any discrepancies or additional information required to properly analyze
the request. The Planning Director shall also make a determination
regarding any review of potential environmental impacts associated
with the project, as required by the California Environmental Quality
Act.
b.
The Planning Director shall then make an investigation of the application
and shall prepare a report thereon which shall be submitted to the
Planning Commission, including a recommendation as to the action to
be taken by the Planning Commission and a statement supporting such
recommendations.
The Planning Department shall prepare a report on the conditional
use permit application that provides a recommendation based on the
following findings.
a.
That the location of the proposed use is in accordance with the purpose
and objectives of this Ordinance and the purpose of district in which
the subject site is located.
b.
That the location of the proposed use and the conditions under which
it would be operated or maintained will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially
injurious to properties or improvements in the vicinity.
c.
That the proposed use will not have a significant impact on the environment.
d.
That the proposed use will comply with applicable provisions contained
in this Ordinance.
e.
That the proposed use is consistent with the Firebaugh General Plan.
f.
That the site for the proposed site is adequate in size, shape and
location to accommodate the use in the district for which it is proposed.
a.
The Planning Commission shall conduct a public hearing for the proposed conditional use permit, consistent with the procedure established in § 25-5 (Public Hearings). Following the public hearing, the Planning Commission shall take action on the conditional use permit. The Commission can approve, approve with conditions or deny the conditional use permit based on the finding listed above. The Commission's decision is final unless appealed to the City Council, consistent with the procedure established in § 25-6 (Appeals).
b.
Within 10 days of adopting a resolution on the conditional use permit,
the Commission shall transmit a copy of its resolution to the applicant.
a.
The Planning Commission can approve a conditional use permit subject
to conditions. Conditions may involve the operation of the use, maintenance
of the property or specific aspects associated with the development,
including storage and display of goods, grading, surface and drainage
improvements; vehicular ingress and egress; parking and loading; landscaping
and irrigation and maintenance thereof; regulation of light, vibration,
odors, and noise; appearance of buildings, grounds, signs, and other
structures; street dedication and improvements; and hours of operation.
In cases where certain improvements may be phased over time, Firebaugh
may request a bond or monetary deposit to ensure faithful performance
on the part of the applicant. The value of the bond or deposit shall
be determined by the City Engineer.
b.
Conditions set forth for a conditional use permit can only be required
in order to achieve the purpose and objectives of this Ordinance.
Conditions which require dedication of land for a purpose not reasonably
related to the use of the property shall be prohibited.
A conditional use permit shall lapse and become void one year
from the date it became effective, unless by conditions of the use
permit a greater time is allowed, or unless a building permit is issued
by the Chief Building Official and construction on the use has commenced.
A conditional use permit for which no building permit or business
license has been issued may be renewed in increments of one year,
not to exceed three one-year extensions, provided that prior to the
one-year expiration, an application for renewal is filed with the
Planning Department. The Planning Commission by resolution may approve,
approve with conditions or deny the renewal application.
Where the City finds that a use operating under a conditional use permit is not complying with the conditions of that use permit, the operation of the use shall be suspended. Within 60 days of the suspension, the Planning Commission shall hold a public hearing on the conditional use permit. Based on a report from the Planning Department, findings contained in § 25-51.5 of this chapter, and testimony from the public, the Commission may revoke the conditional use permit with conditions that may be necessary to assure compliance with the purpose and objectives of this Ordinance. The Commission's decision shall be final unless appealed to the City Council consistent with the requirements contained in § 25-6 (Appeals).
Following the denial or revocation of a conditional use permit,
no application for the same or substantially the same conditional
use permit shall be filed within one year of the date of denial or
revocation.
A conditional use permit shall run with the land and shall continue
to be valid upon change of ownership of the property or structure
that was the subject of the use permit application.
A conditional use permit granted under the provisions of the
Fresno County Zoning Ordinance and supplementary provisions thereto
prior to the enactment of this Ordinance shall, upon the annexation
of the property into Firebaugh, become null and void at the end of
one year after said annexation has been completed.
a.
Purpose. The purpose of a temporary conditional use permit is to
provide for the short-term use of property and structures that are
consistent with the purpose and objectives of this Ordinance.
b.
Applicant and fee. Any application and fee for a temporary conditional
use permit shall be made to the Planning Department on a form prescribed
by the Department. The application shall be accompanied by a fee set
by resolution of the City Council.
c.
Report and findings. The Planning Director is authorized to review
and approve temporary conditional use permits subject to reviewing
the following findings. The Director may add conditions to ensure
consistency with the purpose and objectives of the Ordinance including
the following:
1.
That egress and ingress and off-street parking facilities are properly
designed and adequate to serve the use.
2.
That the site is adequate in size and location and has the proper
accessibility to accommodate the use.
3.
That there are adequate public services, including fire protection,
water supply, wastewater disposal, and police protection to serve
the use.
4.
That upon termination of the use the site shall be restored to its
original condition. All materials and equipment associated with the
temporary use shall be removed.
5.
That reasonable time limits are established for the use, not to exceed
30 days.
6.
That the applicants for a temporary conditional use permit shall
have all applicable licenses and permits.
7.
That any signage for the use be approved by the Planning Department.
d.
Processing. Temporary conditional use permits may be processed as
an administrative matter by the Planning Director. Following a decision
by the Director, an administrative agreement shall be prepared that
outlines the findings and conditions on the temporary use permit.
e.
Temporary uses and activities. The following uses and activities
(and those determined to be reasonably similar in nature by the Planning
Director) are eligible for a temporary use permit. The Planning Commission,
by resolution, may add other uses to the list. The Planning Director
shall determine the appropriate districts for the uses and activities
listed below.
1.
Christmas tree sales.
2.
Promotional displays and activities, including amusement rides, street
dances, concerts, live entertainment and promotional outdoor displays
and sales. These activities may be conducted in any nonresidential
district. Temporary signs are permitted with the approval of Planning
Director. All display material, signs and related improvements shall
be removed no later than 24 hours from the end of the activity. Sales
areas shall be located where adequate parking is available and sight
distances at intersections and driveways will not be obstructed.
3.
Temporary uses. The temporary use of property by nonprofit or charitable
organizations, including activities such as expositions, concerts,
carnivals, amusement rides, and church revivals.
4.
Temporary outdoor sales. Temporary outdoor sales, sidewalk sales
and parking lot sales in association with a permitted business for
which there is an enclosed building. No off-site signs shall be permitted
and no more than six of these events shall occur on the subject property
per calendar year.
5.
City-sponsored uses and activities, not occupying a structure and
occurring at regular periodic intervals.
The purpose of the site plan/design review process is to enable
the Planning Commission to make a finding that the proposed development
is in conformity with the intent and provisions of this Ordinance
and to guide the building department in the issuance of building permits.
The site plan/design review process is intended to ensure that development
constructed in Firebaugh meets good urban design standards, does not
have an adverse impact on neighboring properties, does not impact
the public health, safety and welfare, and produces a development
that will enhance the image and marketability of Firebaugh.
The site plan/design review process shall be applicable to all
uses on the permitted and conditional use lists of Firebaugh's zone
districts.
In addition to the requirements for site plan review outlined
in this chapter, all development projects shall be subject to compliance
with the Design Guidelines as applicable for commercial, industrial,
multi family residential and neighborhood design.
The following uses shall be exempt from Firebaugh's site plan/design
review process:
a.
Single-family dwellings.
b.
Open space uses that do not require a building permit.
c.
Incidental and accessory structures.
d.
Various public and private utility and infrastructure improvements.
e.
Small family day care homes (Health and Safety Code 1597.45).
f.
Existing permitted uses whose building area is being increased by
less than 25%.
g.
Other uses that the Planning Director determines not to require site
plan/design review because it would not further the objectives of
this chapter, including temporary use permits, minor building and
site improvements and in home care facilities that cater to the elderly
or disabled.
An application for a site plan/design review permit shall be
made to the Planning Department on a form prescribed by the Department.
The application shall be accompanied by a fee set by resolution of
the City Council. Uses requiring a conditional use permit shall not
be required to pay for a site plan/design review permit because the
fee would be covered by the fee for a conditional use permit. The
information requirements detailed below will be required of use permit
applicants. The application shall include the following information:
a.
Name and address of applicant.
b.
Statement that the applicant is the owner of the property or is the
authorized agent of the owner.
c.
An accurate scale drawing of the site and the surrounding area for
a distance of at least 100 feet from each boundary of the site showing
the existing locations of streets and property lines.
d.
Preliminary floor plans and front, side and rear elevations of the
proposed structures, along with renderings showing proposed colors
and materials of the structures and improvements.
e.
A site plan, drawn to scale, which shall show the following:
1.
Lot and building dimensions.
2.
All buildings and structures: location, size, height, and proposed
use.
3.
Yards and space between buildings.
4.
Walls and fences: location, height and materials.
5.
Off-street parking and loading: location, number of spaces, dimensions
of spaces, and internal circulation pattern.
6.
Access: pedestrian, vehicular and service: points of ingress and
egress.
7.
Signs: location, size, height, and type of illumination.
8.
Lighting: location and general nature.
9.
Trash enclosures.
10.
Street dedication and improvements.
11.
Grading and drainage plan.
12.
Landscaping and irrigation: location and type.
Within 15 working days after the submission of a site plan,
the Site Plan Review Committee (composed of the City Planner, City
Engineer, City Manager, Public Works Director, Fire Chief and Chief
of Police) shall review the site plan and shall provide a recommendation
to the Planning Commission of approval, approval with conditions or
denial.
The Planning Department shall prepare a report on the site plan/design
review permit application. The Department shall prepare a report and
recommendation based on the findings and conditions provided by the
Site Plan Review Committee. This report shall be forwarded to the
Planning Commission. The findings shall include the following:
a.
That the location of the proposed use is in accordance with the purpose
and objectives of this Ordinance and the purposes of the district
in which the subject site is located.
b.
That the design of buildings and other improvements complies with
applicable design guidelines for the zone in which the project is
located.
c.
That the location of the proposed use and the conditions under which
it would be operated or maintained will not be detrimental to the
public interest, health, safety, convenience or welfare, or be materially
injurious to properties or improvements in the vicinity.
d.
That the proposed use will not have a significant impact on the environment.
e.
That the proposed use will comply with applicable provisions contained
in this Ordinance.
f.
That the proposed use is consistent with the Firebaugh General Plan.
g.
That the site for the proposed use is adequate in size, shape and
location to accommodate the use for which it is proposed.
a.
Following the review of the Planning Department's report on the site
plan/design review application, the Planning Commission shall take
action on the site plan/design review permit. The Commission can approve,
approve with conditions, or deny the site plan/design review permit
based on the finding listed above. The Commission's decision shall
be final unless appealed to the City Council consistent with the requirements
contained in Chapter 25-6 (Appeals).
b.
Within 10 days of adopting a resolution on the site plan/design review
permit, the Commission shall transmit a copy of its resolution along
with its required conditions to the person who filed the site plan
permit application.
a.
In addition to the conditions detailed in the Planning Commission's
resolution, changes in the neighborhood that would result from traffic
generated by the development undergoing site plan/design review may
require land dedication and/or street improvements. Should the Commission
find that approval of the proposed development combined with existing
traffic in and near the subject property warrant road improvements
along the subject property, the Commission may require conditions
as follows:
1.
The applicant shall dedicate necessary right-of-way along the subject
property adequate to facilitate the installation of roadway improvements
consistent with Firebaugh's Circulation Element and Improvements Manual.
2.
The applicant shall install roadway improvements, including curbs,
gutters, sidewalks and street paveout, along the subject property
that are consistent with Firebaugh's Circulation Element and Improvements
Manual. These improvements may extend off site for purposes of ensuring
safe traffic circulation, effective storm drainage, or pedestrian
safety.
3.
The applicant shall install non-roadway improvements within the roadway
right-of-way, including street signs, street lights, street trees
and bus stops.
b.
All improvements shall be constructed and installed to City standards
and shall be installed at the time of development. Where it is determined
by the Planning Commission that it is impractical to install certain
or all improvements at the time of development, an agreement to make
such improvements may be accepted in lieu thereof. In the event of
such an arrangement, the applicant shall enter into an agreement with
Firebaugh for the installment of improvements before a building permit
is issued. The applicant shall deposit money with the City of Firebaugh
or post a bond with the City in the amount determined by the City
Engineer to guarantee the installation of said improvements.
Before a building permit shall be issued for any building or
structure proposed as part of a site plan/design review, the Chief
Building Official shall find that the proposed building location and
size, facilities and improvements are in conformance with the site
plan/design review and conditions approved by the Planning Commission.
Site plan/design review approval shall lapse and shall become
void one year following the date on which it was approved unless,
prior to expiration of one year a building permit has been issued
by the Chief Building Official and construction has commenced.
Upon violation of any conditions of an approved site plan, said
site plan may be revoked and building permits associated with an approved
site plan shall be suspended. Within 30 days of the revocation and
suspension, the City Council shall consider the matter. If not satisfied
that the regulation, general provision, condition or conditions are
being complied with, the City Council may revoke the site plan and/or
building permit and take action as may be necessary to ensure compliance.
A site plan shall run with the land and shall continue to be
valid upon change of ownership of the property or building which was
the subject of a site plan application.
 |
The purpose of this chapter is to establish procedures for processing applications for variances, minor deviations and reasonable accommodations requests. Variances are addressed in §§ 25-55.1 through 25-55.12; minor deviations are addressed in §§ 25-55.13 through 25-55.18; and reasonable accommodations are addressed in §§ 25-55.19 through 25-55.24.
The Planning Commission may grant a variance from district regulations,
including setbacks, lot dimensions, height of structures, lot coverage,
parking and loading standards, and sign regulations, but a variance
shall not apply to types of uses.
An application for a variance shall be made to the Planning
Department on a form prescribed by the Department. The application
shall be accompanied by a fee set by resolution of the City Council.
Upon receipt of a variance application, the Planning Department shall prepare a notice for a public hearing consistent with the requirements contained in § 25-5 (Public Hearings).
The Planning Department shall prepare a report on the variance
application. The Department shall provide a recommendation based on
the following findings, which are pursuant to California Government
Code Section 65906.
a.
That there are special circumstances applicable to the property,
including size, shape, topography, location or surroundings, and that
the strict application of this Ordinance deprives such property of
privileges enjoyed by other property in the vicinity and under identical
classifications;
b.
That granting a variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other properties in the
same vicinity and district and denied to the property for which the
variance is sought;
c.
That granting the variance will not be materially detrimental to
the public health, safety, or welfare, or injurious to the property
or improvements in such vicinity and district in which the property
is located;
d.
That granting the variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity
and district in which such property is located;
e.
That granting the variance does not allow a use or activity which
is not otherwise expressly authorized by the regulations governing
the subject parcel; and
f.
That granting the variance will not be inconsistent with the General
Plan.
a.
Following the public hearing, the Planning Commission shall take action on the variance. The Commission can approve, approve with conditions or deny the variance based on the finding listed above. To approve a variance, the Commission shall find that all of the above findings are true. The Commission's decision shall be final unless appealed to the City Council consistent with the requirements contained in § 25-6 (Appeals).
b.
Within 10 days of adopting a resolution on the variance, the Commission
shall transmit a copy of its resolution to the person that filed the
variance application.
The Planning Commission can approve a variance subject to conditions.
Such conditions will assure that the approved variance shall not constitute
a grant of a special privilege inconsistent with the limitations upon
other properties in the vicinity and district in which the subject
property is located.
Upon an appeal of the Planning Commission's action, the City Council shall hold a public hearing and take action by resolution on the variance. The Council shall consider the Commission's decision, the claims contained in the appeal, and the findings contained in § 25-55.5 of this chapter. The Council can approve, approve with modifications or deny the decision of the Planning Commission. The decision of the Council shall be final. The variance shall become effective three days following the date of Council approval. Within 10 days of adopting a resolution on the variance, the Council shall transmit a copy of its resolution to the person who filed the variance application.
A variance shall lapse and become void one year from the date
it became effective, unless conditions of the variance allow a greater
time, or unless a building permit is issued by the Chief Building
Official and construction has commenced on the use that is the subject
of the variance.
Following the denial or revocation of a variance, no application
for the same or substantially the same variance shall be filed within
one year of the date of denial or revocation.
A variance shall run with the land and shall continue to be
valid upon change of ownership of the property or structure which
was the subject of the variance application.
 |
a.
The purpose of this chapter is to provide a mechanism whereby minor
deviations from district regulations can be granted by the Planning
Director. A minor deviation may be granted for up to 20% for setback
distances. Any minor deviation that exceeds the deviation percentage
explained above shall be processed as a variance consistent with the
regulations detailed in the requirements for variances in this chapter.
b.
Minor deviations shall only be granted when practical difficulties,
unnecessary hardships and conditions inconsistent with the purpose
and objectives of this Ordinance may result from the strict application
of certain provisions of this Ordinance. The granting of a minor deviation
and its associated conditions shall not constitute a special privilege
inconsistent with the limitations on other properties in vicinity
and in other like districts in Firebaugh.
The Planning Director may grant a minor deviation from district
regulations for the following:
a.
Reduction of lot area, lot dimensions, space between buildings, yard
space, set back requirements, or population density requirements by
not more than 20%.
b.
Increase of lot coverage or height limitations by not more than 20%.
c.
Permission to repair or remodel a nonconforming structure if the
work will bring the structure and the subsequent use into greater
conformity with the property development standards of the zoning district
in which the structure is located.
An application for a minor deviation shall be made to the Planning
Department on a form prescribed by the Department. The application
shall be accompanied by a fee set by resolution of the City Council.
The Planning Director shall prepare a report on the minor deviation
application and shall review the following findings with regard to
a minor deviation.
a.
There are special circumstances applicable to the property, including
size, shape, topography, location or surroundings or unclear property
lines, where the strict application of this Ordinance deprives such
property rights possessed by other properties in the same vicinity
or other properties that have the same district classification;
b.
That granting a minor deviation is necessary for the preservation
and enjoyment of a substantial property right possessed by other property
in the same vicinity or other properties that have the same district
classification;
c.
That granting the minor deviation will not be materially detrimental
to the public health, safety or welfare, or injurious to the property
or improvements in the vicinity and district in which the property
is located; and
d.
That granting the minor deviation does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity
and district in which the property is located.
a.
Minor deviations may be processed as an administrative matter by
the Planning Director. Following a review of a minor deviation application
and the findings listed above, the Planning Director may take action
on the minor deviation. The Planning Director can approve, approve
with conditions or deny the minor deviation based on the findings
listed above. Following a decision by the Planning Director, an administrative
resolution shall be prepared that outlines the findings and conditions
of the decision.
b.
The Director's decision shall be final unless appealed to the Planning Commission consistent with the requirements contained in § 25-6 (Appeals). Within 10 days of approving the minor deviation, the Director shall transmit a copy of the administrative resolution to the person that filed the minor deviation application.
The Director can approve a minor deviation subject to conditions.
Conditions will assure that the approved minor deviations shall not
constitute a grant of a special privilege inconsistent with the limitations
upon other properties in the vicinity and district in which such property
is situated.
It is the policy of the City of Firebaugh, pursuant to the federal
Fair Housing Amendments Act of 1988 and the California Fair Employment
and Housing Act (hereafter called "fair housing laws"),[1] to provide individuals with disabilities reasonable accommodation
in rules, policies, practices and procedures to ensure equal access
to housing and facilitate the development of housing for individuals
with disabilities. This Ordinance establishes a procedure for making
requests for reasonable accommodation in land use, zoning and building
regulations, policies, practices and procedures of the jurisdiction
to comply fully with the intent and purpose of fair housing laws.
[1]
Editor's Note: See 42 U.S.C.A. § 3601 et seq. and
Government Code § 12900 et seq., respectively.
a.
Reasonable accommodation in the land use and zoning context means
providing individuals with disabilities or developers of housing for
people with disabilities flexibility in the application of land use
and zoning and building regulations, policies, practices and procedures,
or even waiving certain requirements, when it is necessary to eliminate
barriers to housing opportunities.
b.
An individual with a disability is someone who has a physical or
mental impairment that limits one or more major life activities; anyone
who is regarded as having such impairment; or anyone with a record
of such impairment.
c.
A request for reasonable accommodation may be made by an individual
with a disability, his or her representative, or a developer or provider
of housing for individuals with disabilities, when the application
of a land use, zoning, or building regulation, policy, practice or
procedure acts as a barrier to fair housing opportunities.
a.
Any eligible person as defined in § 25-55.19 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures. An application for reasonable accommodation shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.
b.
Any information identified by an applicant as confidential shall
be retained in a manner so as to respect the privacy rights of the
applicant and shall not be made available for public inspection.
The Planning Director shall prepare a report on the reasonable accommodation application. Reasonable accommodation applications shall be processed as an administrative matter. The Planning Director can approve, approve with conditions or deny the application based on the findings listed below. Following a decision by the Planning Director, an administrative resolution shall be prepared that outlines the findings and conditions of the decision. The decision shall be made within 30 days of receiving the application. The written decision of the Planning Director shall be final unless appealed to the Planning Commission consistent with the requirements contained in § 25-6 (Appeals). The Planning Director shall render a decision based on the following findings.
a.
Whether the housing, which is the subject of the request for reasonable
accommodation, will be used by an individual with disabilities protected
under fair housing laws;
b.
Whether the requested accommodation is necessary to make housing
available to an individual with disabilities protected under the fair
housing laws;
c.
Whether the requested accommodation would impose an undue financial
or administrative burden on the City; and
d.
Whether the requested accommodation would require a fundamental alteration
in the nature of the City's land use and zoning or building program.
e.
In granting a request for reasonable accommodation, the reviewing
authority may impose any conditions of approval deemed reasonable
and necessary to ensure that the reasonable accommodation will comply
with these findings including the following:
1.
Inspection of the property periodically, as specified, to verify
compliance with this section and any conditions of approval;
2.
Removal of the improvements, where removal could not constitute an
unreasonable financial burden, when the need for which the accommodation
was granted no longer exists;
3.
Time limits and/or expiration of the approval if the need for which
the accommodation was granted no longer exists;
4.
Recordation of a deed restriction requiring removal of the accommodating
feature once the need for it no longer exists;
5.
Measures to reduce the impact on surrounding uses;
6.
Measures in consideration of the physical attributes of the property
and structures;
7.
Other reasonable accommodations that may provide an equivalent level
of benefit and that will not result in an encroachment into required
setbacks, exceed the maximum height, lot coverage, or floor area ratio
requirement specified for the zone district; and
8.
Other conditions necessary to protect the public health, safety,
and welfare.
Upon an appeal of the Planning Director's decision, the Planning Commission shall take action by resolution on the reasonable accommodation application. The Commission shall consider the Planning Director's decision, the claims contained in the appeal, and the findings contained in § 25-55.21 of this chapter. The Commission can approve, approve with modifications or deny the recommendation of the Planning Director. The decision of the Commission shall be final. The decision shall become effective three days following the date of the Commission's approval at which time the applicant may secure a building permit for the accommodation under consideration.
The lack of certainty in the approval of development projects
can result in the waste of resources, escalate the cost of housing
and other development to the consumer, and discourage investment in
and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the
public. A development agreement assures the applicant that existing
policies, rules and regulations, and conditions of approval remain
in place once the project has been approved.
Any city may enter into a development agreement with any person
having a legal or equitable interest in real property for the development
of property. Further, Firebaugh may enter into a development agreement
with any person having equitable interest in real property in unincorporated
territory within its sphere of influence. However, the agreement shall
not become operative unless annexation proceedings are completed within
the time limit specified by the agreement.
A development agreement shall specify the duration of the agreement,
the permitted uses of the property, the density or intensity of the
use, the maximum height and size or buildings, and provisions for
reservation or dedication of land for public purposes. The development
agreement may contain conditions, terms, restrictions, and requirements
for subsequent discretionary actions and shall not prevent development
of the land for the uses and to the density or intensity of development
set forth in the agreement. The agreement may provide that construction
shall be commenced within a specified time and that the project or
any phase thereof be completed within the specified time. The agreement
may also include terms and conditions relating to the applicant's
financing of necessary public facilities and subsequent reimbursement
over time.
An application for a development agreement shall be made to
the Planning Department on a form prescribed by the Department. The
application shall be accompanied by a fee set by resolution of the
City Council.
A public hearing on an application for a development agreement shall be held by the Planning Commission and City Council. Notice of intention to consider adoption of a development agreement shall be given consistent with § 25-5 (Public Hearings).
The Planning Department shall prepare a report on the development
agreement application. The Department shall provide a recommendation
based on the following findings.
a.
That the location of the proposed project is in accordance with the
purpose and objectives of this Ordinance and the purposes of the district
in which the subject site is located.
b.
That the location of the proposed project and the conditions under
which it would be operated or maintained will not be detrimental to
the public interest, health, safety, convenience or welfare, or be
materially injurious to properties or improvements in the vicinity.
c.
That the proposed project has complied with requirements of the California
Environmental Quality Act.
d.
That the proposed project will comply with applicable provisions
contained in this Ordinance.
e.
That the proposed project is consistent with the Firebaugh General
Plan and any specific plans.
Unless otherwise provided by the development agreement, rules,
regulations, and policies governing the permitted uses of land, density,
and design, improvement and construction standards and specifications
applicable to development of the property subject to a development
agreement shall be those rules, regulations, and official policies
in force at the time of execution of the agreement.
Following a public hearing, the Planning Commission shall review
the Planning Department's report and shall take action on the development
agreement. The Commission can approve, approve with conditions or
deny the development agreement. The Commission's action and findings
shall be forwarded in a resolution to the City Council.
Following a public hearing, the City Council shall consider
the Commission's action and findings and the information contained
in the staff report. The Council can approve, approve with modifications
or deny the development agreement. Said actions shall be by means
of an ordinance.
Either party may propose an amendment to or cancellation of,
in whole or in part, the development agreement previously entered
into. If proposed by the applicant the procedure shall be the same
as the procedure for entering into an agreement. However, where the
City Council initiates the proposed amendment to or the cancelation
of, the development agreement it first shall give at least 30 days
notice to the applicant of its intention to initiate proceedings in
advance of giving public notice.
No later than 10 days after Firebaugh enters into a development
agreement, the City Clerk shall record with the Fresno County Recorders
Office a copy of the agreement. The burdens of the agreement shall
be binding upon, and the benefits of the agreement shall apply to
all successors in interest to the parties to the agreement.
An approved development agreement shall be reviewed at least
every 12 months, at which time the applicant, or successor in interest
thereto, shall be required to demonstrate good faith compliance with
the terms of the agreement. If, as a result, of such periodic review,
the local agency finds and determines, on the basis of substantial
evidence, that the applicant or successor in interest thereto has
not complied in good faith with the terms or conditions of the agreement,
the local agency may terminate or modify the agreement.
The purpose of this § 25-61 is to prevent the expansion of nonconforming uses and structures, to the maximum extent possible, to establish criteria under which they may be continued or possibly expanded and to provide for the modification or removal of these nonconforming uses and structures in a fair, defensible and timely manner.
a.
A "nonconforming use" is a use of a structure or land that was lawfully
established and maintained prior to the adoption of the Firebaugh
Zoning Ordinance but which does not conform with the use regulations
for the district in which it is located.
b.
A "nonconforming structure" is a structure that was lawfully erected
prior to the adoption of the Firebaugh Zoning Ordinance but which
does not conform with the standards of coverage, setbacks, height,
or distance between structures prescribed in the regulations for the
district in which the structure is located.
a.
A use legally occupying a structure or a site on the effective date
of the zoning ordinance or amendments thereto which does not conform
with the use regulations for the district in which the use is located
shall be deemed a legal, nonconforming use and may be continued, except
as otherwise provided in this chapter.
b.
A structure legally occupying a site on the effective date of the
zoning ordinance or amendments thereto which does not conform with
the standards of coverage, setbacks, height, or distances between
structures prescribed in the regulations for the district in which
the structure is located shall be deemed a legal, nonconforming structure
and may be continued, except as otherwise provided in this chapter.
c.
A sign or outdoor advertising structure legally occupying a site on the effective date of the zoning ordinance or amendments thereto which does not conform with the standards for message content, location, size, height, placement, lighting, or movement prescribed in § 25-47 (Signs) for the district in which it is located shall be deemed to be nonconforming, except as otherwise provided in this chapter.
d.
Routine maintenance and repairs may be performed on a nonconforming
site, a nonconforming structure or a nonconforming sign or outdoor
advertising structure. Improvements in the design or appearance of
these nonconforming features may be made so long as the discrepancy
between the existing conditions of the use, structure, sign, or advertising
structure and the current district standards is not increased.
e.
Alterations and additions to uses that are nonconforming shall be
prohibited unless required by law or unless the moving, altering,
or enlargement will result in the elimination of the nonconforming
use.
f.
Alterations and additions to structures, signs and outdoor advertising
structures shall be prohibited unless required by law or unless the
moving, altering or enlargement will result in the elimination of
the nonconforming structure, sign, or outdoor advertising structure.
g.
Whenever a nonconforming use, structure, sign, or outdoor advertising
structure has been abandoned, discontinued, or changed to a conforming
use for a continuous period of six months, the nonconforming use shall
not be reestablished and the nonconforming structure, sign or outdoor
advertising structure shall be removed.
h.
Nothing in this chapter shall be construed or applied so as to require
the termination, discontinuance, or removal or so as to prevent the
expansion, modernization, replacement, maintenance, alteration, reconstruction
or rebuilding and continued use of a public building or public utility
buildings, structures, equipment, and facilities.
a.
Whenever a nonconforming use, structure, sign or outdoor advertising
structure is destroyed by fire or other calamity or by an act of God
or by the public enemy, the use, structure or sign shall not be replaced,
unless the cost of such reconstruction, repairing or rebuilding does
not exceed 50% of the reasonable replacement value of the building
immediately prior to the damage, as determined by a qualified appraiser,
provided that restoration is started within three months of the act
of destruction and is completed within one year from the time of the
event.
b.
Whenever a nonconforming use, structure, sign, or outdoor advertising
structure is destroyed by fire, or other calamity, or by an act of
God or by the public enemy to the extent that more than 50% of the
value of the use, structure, sign or outdoor advertising structure
is destroyed as determined by the Chief Building Official, the feature
shall be voluntarily razed, shall be required by law to be razed or
shall be restored to conformity with the regulations for the district
in which the feature is located. A nonconforming use shall not be
resumed.
The purpose of this § 25-63 is to provide a mechanism for enforcing the provisions of this Ordinance. Further, to ensure that Firebaugh's planning efforts are achieved and that the public health, safety and welfare is protected.
All department heads, officials or other employees of the City
that are vested with the authority to issue any permit, license or
certificate which shall enforce the provisions of this Ordinance and
shall not issue any permits, licenses or certificates for uses, buildings
or structures that are in conflict with this Ordinance. Any permit,
license or certificate issued in conflict with this Ordinance, intentionally
or otherwise, shall be null and void.
The Planning Director and Code Enforcement Officer, or other
person authorized by the City Manager, shall be authorized to enforce
provisions of this Ordinance and to issue citations and make arrests
pursuant to Section 836.5 of the California Penal Code.
Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained contrary to the provisions of this Ordinance is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapter 16.5 of this title.[1]
[1]
Editor's Note: So in original.
In the discharge of enforcement duties authorized persons shall
have the right to enter any site, building or structure for the purpose
of investigation and inspection. Such right of entry shall be exercised
only at reasonable hours and only with the consent of the owner or
tenant unless a written order from the Court has been issued.
Unless the text of this Ordinance states otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words and phrases used in this Ordinance shall be defined in § 25-67.3 of this chapter.
The objectives of this § 25-67 are as follows:
As used in this section, the following terms shall have the
meanings indicated:
To cease or suspend from developing or maintaining a building
or use for a stated period of time.
Two or more parcels sharing a common boundary of at least
one point.
Safe, adequate, and usable ingress or egress to a property
or use.
A structure containing no kitchen or bathroom and located
upon the same lot or parcel as the principal use or structure to which
it is an accessory. The structure is customary, incidental, and subordinate
to the use of the principal building, or the principal use of the
land. All accessory structures shall be constructed with, or subsequent
to, the construction of the principal structure or activation of the
principal use.
A measure of land area containing 43,560 square feet.
Properties which are next to each other sharing a common
property line.
An agreement duly executed and legally binding between the
City of Firebaugh, prepared and signed by the Planning Director, and
the applicant for a minor planning request. The agreement will delineate
the terms and conditions agreed upon by the two parties.
Any community-based facility or program that provides care
to persons 18 years of age or older in need of personal services,
supervision, or assistance essential for sustaining the activities
of daily living or for the protection of these individuals on less
than a twenty-four-hour basis.
The total area of all permanent signs on the premises. This definition pertains to signs (see § 25-47).
Those uses and structures customarily incidental and subordinate
to the agricultural use of the land, including: barns, storage sheds,
corrals, pens, fences, windmills, watering and feed troughs; the storage
and use of farm implements, irrigation, and crop-protection equipment;
the storage and use of fuels for heating buildings and operating farm
equipment or appliances; water and wastewater treatment facilities
and systems for private uses and structures which are determined by
the Planning Director to be necessary, customary, and incidental to
the agricultural use of the lot or parcel. Agricultural accessory
uses shall not include construction equipment storage yards.
The cultivation and tillage of soil, dairying, the production,
irrigation, frost protection, cultivation, growing, harvesting, and
processing of any agricultural commodity, including timber, viticulture,
agriculture, horticulture, agricultural hemp with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry weight basis,
the raising of livestock, fur-bearing animals, fish, or poultry, and
any commercial practices incidental to, or in conjunction with, such
agricultural operations, including preparation for market, delivery
to storage or to market, or to carriers for transportation to market.
[Amended 5-3-2021 by Ord. No. 21-02]
Any area which is used or is intended to be used for the
taking off and landing of aircraft, including helicopters, and any
appurtenant areas which are used or are intended to be used for airport
buildings or facilities, including open spaces, taxiways, and tie-down
areas.
A public way permanently reserved as a secondary means of
vehicular access to abutting property.
To make any change in the supporting or load-bearing members
of a building, such as bearing walls, columns, beams, girders or floor
joists, which will prolong the life of the structure.
A change in the working, context, or substance of this chapter,
an addition or deletion or a change in the district boundaries or
classifications upon the zoning map.
Any mechanical or electronic machine, apparatus, contrivance,
appliance, or device which may be operated or played upon the placing
or depositing therein of any coin, check, slug, ball, or any other
article or device, or by paying therefore either in advance of or
after use, involving in its use either skill or chance, including
but not limited to a tape machine, card machine, pinball machine,
bowling game machine shuffleboard machine, marble game machine, horse
racing machine, basketball game machine, baseball game machine, football
game machine, an electronic video game, or any other similar machine
or device except for a billiard or pool table, music machine, or a
merchandise vending machine.
A use incidental to and customarily associated with a specific
principal use, located on the same lot or parcel.
A facility where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment; the
ancillary use of the premises as a kennel or a place where animals
or pets are boarded for remuneration.
The incorporation of a land area into an existing incorporated
community with a resulting change in the boundaries of that community.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or receiving of electromagnetic
radio frequency waves, including antennas or towers used for transmitting
or receiving television, radio, citizen's band or cellular phone communication.
An antenna can be affixed to or supported by a roof or exterior wall
of a building or other structure or an antenna can be ground mounted,
which is supported by a platform, framework, pole, or other structural
system that is affixed to or placed directly on or in the ground.
This definition also means associated equipment including, but not
limited to cabling, generators, fans, air conditioning units, electrical
panels, equipment shelters, equipment cabinets, equipment buildings,
pedestals, meters, vaults, splice boxes, and surface location markers.
A valve located under a sprinkler head to hold water in the
system so it minimizes drainage from the low elevation sprinkler heads.[1]
The depth of water applied to a given area, usually measured
in inches per hour.
Ornamental landscape features designed to display and support
landscape plantings. They typically consist of an open, lattice-work
design constructed of wood, metal, or other lightweight material.
A place of business having four or more amusement machines.
An area designated AO or VO AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one foot to three
feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and, velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
The county assessor of the County of Fresno.
A computerized, self-service machine used by banking customers
for financial transactions, including deposits, withdrawals and fund
transfers, without face-to-face contact with financial institution
personnel. These machines may be located at or within banks, or in
other locations.
A mechanical or solid timer, capable of operating valve stations
to set the days and length of time of a water application for irrigation.
A roof-like cover that is temporary in nature and that projects
from the wall of a building for the purpose of shielding a door or
window from the elements.
A safety device used to prevent pollution or contamination
of the water supply due to the reverse flow of water from an irrigation
system.
Any cloth, bunting, plastic, paper, or similar material attached to, or appended on or from any structure, staff, pole, line, or framing upon which there is an advertising message. This definition pertains to signs (see § 25-47).
A business where alcoholic beverages are sold for on-site
consumption, which is not part of a larger restaurant. Includes bars,
taverns, pubs, and similar establishments where any food service is
subordinate to the sale of alcoholic beverages. May also include beer
brewing as part of a microbrewery, and other beverage tasting facilities.
Does not include adult entertainment businesses.
A flood having a 1% chance of being equaled or exceeded in
any given year (also called the "100-year flood"). "Base flood" is
the term used throughout this Ordinance.
Any area of the building having its floor subgraded, i.e.,
below ground level on all sides.
A building or group of buildings providing 15 or fewer bedrooms
or suites that are rented for overnight lodging, with a common dining
area for guests.
The properties abutting on one side of a street and lying
between the two nearest intersecting or intercepting streets, or nearest
intersecting or intercepting street and railroad right-of-way, unsubdivided
land or water course.
A roofed passageway, open on at least two sides, where the
roof is structurally integrated with the main building. A fence or
wall not exceeding six feet in height may be permitted on one side
of said breezeway.
The area of a lot remaining after the minimum yard and open
space requirements of the zone district have been met.
Any structure having a roof supported by columns or walls,
for the housing or enclosure of persons, animals or chattels or property
of any kind.
The exterior surface of any building, regardless of frontage.
The wall of the business with the primary public entrance. This definition pertains to signs (see § 25-47).
The written permission from the City of Firebaugh for the
construction, repair, alteration, or addition to a structure.
The vertical distance measured from the adjoining curb level
to the highest point of the structure, exclusive of chimneys and ventilators;
provided, however, that where buildings are set back from the street
line, the height shall be measured from the average elevation of the
finished grade at the front of the building.
A permanently constructed sign containing a surface area
that may have interchangeable letters, words, or numerals displaying
the name of the institution, events conducted upon and/or services
offered upon such premises.
A single-family residence on the same property with, or on
abutting property owned by the owner of, an open space, commercial
or manufacturing use, which residence is occupied by one or more persons
charged with the care or protection of facilities used in such open
space, commercial or manufacturing use, and which residence is provided
to the occupant as compensation for such services and for which he
does not pay money or other things of value other than his services.
A permanent roofed structure with not more than two enclosed
sides used or intended to be used for automobile shelter and storage.
See also "Carport, Portable."
A portable attached or detached accessory structure used
as a roof covering to protect vehicles or shelter goods and which
may or may not be fixed to the ground and which is not designed or
intended to be permanently affixed on a lot. Such accessory structures
may be erected by the use of poles, ropes, stakes, or a combination
of these items. Roof coverings may be constructed of various materials
such as canvas, vinyl, metal sheeting or similar materials.
An analog or digital wireless telecommunications technology
that is based on a system of interconnected neighboring cell sites.
Land used or intended to be used for the burial of the dead
and dedicated for such purposes, including columbariums, crematoriums,
mausoleums and mortuaries when operated in conjunction with and within
the boundaries of such premises.
A building, together with its accessory buildings and uses,
where persons regularly assemble for worship and which building, together
with its accessory buildings, and uses, is maintained and controlled
by a religious body organized to sustain public worship.
The City of Firebaugh.
The City Manager of the City of Firebaugh.
A permanent, headquarters-type and meeting facilities for
organizations operating on a membership basis for the promotion of
the interests of the members, including facilities for business associations;
civic, social and fraternal organizations; labor unions and similar
organizations; political organizations; professional membership organizations;
and other membership organizations.
The location of two or more wireless communication facilities
on a single support structure. Co-location shall also include the
location of wireless communication facilities with other facilities,
including water tanks, light standards, and buildings.
Zones or geographical areas in Firebaugh that may require
special regulations or treatment due to unique features, resources
or hazards. These districts may be combined with any district identified
in this Ordinance.
Uses and structures incidental and subordinate to the commercial
use of the land including: equipment storage areas, trash storage
areas and bins; vending machines; required loading and unloading facilities;
outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures,
paintings, and other works of art; radio and television antennas,
private satellite dish antennas; the storage and use of fuels for
fleet vehicles, heating buildings or for the operation of appliances
or equipment used within a building; sales offices, showrooms and
administrative offices; permitted signs; the storage and use of commercial
fleet vehicles as part of the principal use; and other accessory uses
and structures which are determined by the Planning and Building Director
to be necessary, customary and incidental to the commercial use of
the land.[2]
Facilities for various outdoor recreational activities, where
a fee is charged for use. Examples include: amusement and theme parks;
fairgrounds; go-cart tracks; golf driving ranges; miniature golf courses;
roller skating, hockey, skateboarding; and water slides. May also
include commercial facilities customarily associated with the above
outdoor commercial recreational uses, including bars and restaurants,
video game arcades, etc.
The Planning Commission of the City of Firebaugh.
Any structure which is used to transmit or receive electromagnetic
radio frequency waves or that supports such a device.
A building housing electrical and mechanical equipment necessary
for the conduct of a public communication business with or without
personnel.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of such
use as specified in the Ordinance and authorized by the Planning Commission.
Any place, structure, or institution providing for skilled
nursing and allied professional health care, or for chronic or convalescent
care for one or more persons, exclusive of relatives, in which nursing,
dietary or other personal services are rendered to convalescents,
invalids, or aged persons, who, by reason of advanced age, chronic
illness, or physical infirmity are unable to properly care for themselves,
but not including persons suffering from contagious or mental diseases,
alcoholism, or drug addiction, and in which surgery is not performed
and primary treatment, such as customarily is given in hospitals or
sanitariums, is not provided.
A retail establishment with not more than 4,500 square feet
of gross floor area, offering for sale prepackaged food products,
household items, newspapers and magazines, and sandwiches and other
freshly prepared foods, such as salads, usually for off-site consumption.
Any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which relates to advertising, identification, or notification. This definition pertains to signs (see § 25-47).
The provision for and maintenance of adequate and safe visibility
for vehicular and pedestrian traffic at all intersections of streets,
alleys, or private driveways.
The City Council of the City of Firebaugh.
The County of Fresno.
The county recorder of the County of Fresno.
A "cell on wheels," which is a wireless telecommunications
facility temporarily rolled in or temporarily installed.
Calendar day.
Facilities that provide nonmedical care and supervision of
adults or minor children for periods of less than 24 hours. These
facilities include the following, all of which are required to be
licensed by the California State Department of Social Services:
CHILD DAY-CARE CENTERA commercial or nonprofit child day-care facility designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day-care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
LARGE FAMILY DAY-CARE HOMEAs provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away.
SMALL FAMILY DAY-CARE HOMEAs provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.
ADULT DAY-CARE FACILITYA day-care facility providing care and supervision for adult clients.
The setting aside of land for a particular purpose, including
roadway, park, or bikepath improvements; utility easements; or access
routes for the public.
The number of families, individuals, dwelling units, or housing
structures per unit of land.
An increase in units of up to 35% over the otherwise maximum
allowable residential density under this Ordinance or Firebaugh's
Land Use Element of the General Plan (see Government Code Section
65915).
Reduce or eliminate standards contained in the Subdivision Ordinance[3] or the City of Firebaugh Standards and Specifications
Manual.
Reduce or eliminate Ordinance requirements, including open space,
lot size, setback, or parking standards.
Reduce or eliminate any design requirements exceeding Building
Code specifications.
[Amended 12-5-2022 by Ord. No. 22-04]
Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A contract duly executed and legally binding between the
City of Firebaugh and a developer that delineates the terms and conditions
agreed upon by the two parties.
An individual with a disability is someone who has a physical
or mental impairment that limits one or more major life activities;
anyone who is regarded as having such impairment; or anyone with a
record of such impairment.
A person who has a medical, physical, or mental condition
that limits a major life activity, as those terms are defined in California
Government Code Section 12926, anyone who is regarded as having such
a condition or anyone who has a record of having such a condition.
It includes a person or persons, or an authorized representative of
a disabled person. The term "disabled person" does not include a person
who is currently using illegal substances, unless he or she has a
separate disability.
Any building or structure in which food and drink are prepared
for service to customers within such structure or occupying vehicles
outside of such structures and including self-service restaurants
for take-out food.
A commercial facility where vehicles line up for service
at definite spots and where customers are served from a window or
similar feature without leaving their vehicles.
Any vehicular access to an off-street parking or loading
facility.
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by a common wall
that extends from ground to roof.
A structure or portion thereof designed for or occupied for
residential purposes whether for one family, several families, roomers
or boarders, but for purposes of this definition specifically not
to include automobile trailers, hotels, motels, labor camps, tents,
railroad cars, converted, transit vehicles, mobile homes or any type
of temporary structure.
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 and shall be located on the same lot as the existing single-family dwelling is situated. Second dwelling units shall be consistent with the requirements of § 25-41 of this Ordinance.
A structure containing more than one dwelling unit, designed
for occupancy or occupied by more than one family.
A building containing one dwelling unit.
A space on a lot or parcel of land reserved for or used for
public uses.
An assembly of equipment which is part of a system for the
distribution of electric power where electric energy is received at
a subtransmission voltage and transformed to a lower voltage for distribution
for general consumer use.
An assembly of equipment which is part of a system for the
transmission of electric power where electric energy is received at
very high voltage from its source of generation by means of a network
of high voltage lines, and where, by a means of transformers, said
high voltage is transformed to a lower subtransmission voltage for
purposes of supplying electric power to large individual consumers,
interchange connections with other power-producing agencies or electric
distribution substations for transformation to still lower voltages
for distribution to smaller individual users.
Housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person.
No individual or household may be denied emergency shelter because
of an inability to pay.
A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
Housing as described, defined, and regulated by the Employee
Housing Act, Sections 17000 et seq. of the California Health and Safety
Code. Employee housing for up to six unrelated persons per dwelling
is permitted in the R-1 (Single-Family Residential) zone, and in the
RM (Multiple-Family Residential) zones, subject to density standards
of the particular zone. In the UR (Urban Reserve) zone, employee housing
is permitted for up to 12 units or 36 beds. Employee housing is permitted
subject to the issuance of a permit by the State of California Department
of Housing and Community Development as provided in California Health
and Safety Code Sections 17021.5 and 17030. The permit shall be prominently
displayed in the housing unit and shall be provided to any peace officer,
City inspector or state inspector, upon demand.[4]
The erection, construction, alteration, or maintenance by
public utilities or municipal departments or commissions of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supplying, or disposal systems
including poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, hydrants, and
other similar equipment and accessories in connection therewith, but
not including buildings reasonably necessary for the furnishing of
adequate service by such public utilities or municipal departments
or commissions, or for the public health or safety or general welfare.
Includes any of the following: [this definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11)]:
The opening or commencement of any such business as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any of the sexually oriented businesses defined
in this chapter;
The addition of any of the sexually oriented businesses defined
in this chapter to any other existing sexually oriented business;
or
The relocation of any such sexually oriented business; or
The substantial enlargement of any such sexually oriented business.
Any structure or building having pre-eminent historical/cultural,
architectural, archaeological, or aesthetic significance. Exceptional
structures should be considered for nomination to the National Register
of Historic Places.
Those units targeted for this category of household that
shall be affordable at a rent that does not exceed 30% of 60% of the
Fresno County median income.
The exterior wall of a building exposed to pubic view or
that wall viewed by persons not within the building.
1) the federal Fair Housing Act (42 U.S.C. § 3601
and following) and 2) the California Fair Employment and Housing Act
(Government Code Section 12955 and following), including amendments
to them.
One person or two or more individuals living together sharing
household responsibilities and activities, which may include, sharing
expenses, chores, eating evening meals together and participating
in recreational activities and having close social, economic and psychological
commitments to each other.
Living quarters, including dwellings, sleeping accommodations
and dining facilities, maintained for occupancy by persons employed
principally in farming and related pursuits on land owned, leased
or rented by the owner, lessee or tenant of the site on which the
farm employee housing is located; excepting a labor camp and trailer
park.
See "agricultural operations."
The government of the United States of America.
Any structural device forming a physical barrier which is
so constructed that not less than 50% of the vertical surface is open
to permit the transmission of light, air, and vision through said
surface in a horizontal plane (for board or other solid barriers,
see "wall").
The official map on which the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration has delineated both
the areas of special flood hazards and the floodway.
The official map on which the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration has delineated the
areas of flood hazards.
The official map on which the Federal Emergency Management
Agency (FEMA) or Federal Insurance Administration has delineated both
the areas of special flood hazards and the risk of premium zones applicable
to the community.
A general and temporary condition or partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters; the unusual and rapid accumulation or runoff of surface
waters from any source.
Any land area susceptible to being inundated by water from
any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A sum of the gross horizontal areas, in square feet, of the
floors of a building, including interior balconies and mezzanines,
but not including the horizontal area occupied by any wall, inner
court or shaft enclosure.
Any structure or building having significant historical/cultural,
architectural, archaeological, or aesthetic significance. Focus structures
are of good to excellent quality and should be considered for local
recognition and protection to encourage wide management of this resource.
Any residential facility providing twenty-four-hour care
for six or fewer foster children that is owned, leased, or rented
and is the residence of the foster parent or parents, including their
family, in whose care the foster children have been placed. The placement
may be by a public or private child placement agency or by a court
order, or by voluntary placement by a parent, parents, or guardian.
An accessory structure or a portion of a main structure used
only for the storage of self-propelled passenger vehicles or trailers
by families residing upon the premises.
A commercial structure or part thereof other than a private
garage where motor vehicles are repaired or painted.
A structure or part thereof used for the storage, parking
or servicing of motor vehicles, but not for the repair thereof.
Any waste food material of an animal or vegetable nature,
including that which may be used for the fattening of livestock.
The gradient, the rate of incline or decline expressed as
a percent. For example, a rise of 25 feet in a horizontal distance
of 100 feet would be expressed as a grade of 25% (See also "slope").
Any stripping, cutting, filling or stockpiling of soil.
Living quarters within an accessory structure for use by
temporary guests of the occupants of the premises, having no kitchen
or cooking facilities and not rented or otherwise used as a separate
dwelling.
A plant or series of plants, shrubs, or other landscaped
material, so arranged as to form a physical barrier or enclosure.
The vertical distance from the uppermost point used in measuring
the area of a sign to ground level of the foundation of the sign.
The protection, rehabilitation, and restoration of districts,
sites, structures, buildings and artifacts significant in American
history, architecture, archaeology or culture.
Any structure or building having pre-eminent historical/cultural,
architectural, archaeological, or aesthetic significance.
Any use conducted entirely within a dwelling and carried
on by the inhabitants thereof, which use is clearly incidental and
secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof or adversely affect the uses permitted
in the residential district of which it is a part; which creates no
additional vehicular or pedestrian traffic, requires no additional
parking space, generates no noises audible beyond the site, causes
no radio or television interference; where no persons are employed
other than domestic help, and no mechanical equipment is used other
than that necessary for domestic purposes; no materials, equipment
and/or supplies are stored outdoors other than such storage normally
associated with the residential use of the property. For purposes
of this definition, the storage of a vehicle of not more than one-ton
capacity shall be deemed as normally associated with residential use
the property.
A church, public building, or quasipublic facility that provides
emergency or temporary shelter to homeless individuals and/or groups.
These accommodations may include temporary lodging, meals, laundry
facilities, bathing, counseling, and other basic support services.
Also referred to as "emergency housing."
A business conducted out of a residence where the occupants
of the dwelling prepare and package certain types of food, operated
in compliance with California Homemade Foods Act (as codified in Government
Code Section 51035), and the following City standards:
There shall be no employment of help outside the residents of
the dwelling, except for one full-time employee.
All food preparation in conjunction with a homemade food business
must take place in the residence's existing kitchen.
Prior to granting of a City business license the applicant shall
obtain a permit from the Fresno County Environmental Health Department.
The City business license shall not be effective until that permit
or approval is obtained, and shall automatically expire if the other
required permit or approval expires, is disapproved or is revoked.
A copy of the Fresno County Environmental Health Department
permit to operate shall be provided to the City Planning Department
within 10 working days of the issuance of that permit or approval.
Any building or portion thereof used for the accommodation
and medical care of sick, injured, or infirm persons and including
sanitariums, alcoholic sanitariums, institutions for the cure of chronic
drug addicts and mental patients.
A structure or portion thereof in which there are individual
guest rooms or suites, usually occupied on a transient basis, where
lodging with or without meals is provided for compensation.
Animals, birds, or fowl ordinarily permitted in a dwelling
and kept only for the company or pleasure provided to the occupants.
Household pets shall not include horses, cows, goats, sheep, other
equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals,
chickens, ducks, geese, turkeys, game birds and fowl which normally
constitute an agricultural use (except pigeons, which shall be deemed
household pets). The keeping of household pets or other animals is
lawful only in those districts where the use is listed as a permitted
use or when any household pets are kept as an accessory use to lawfully
maintained residences in other districts. The keeping of any animal
not herein described as a household pet shall not be deemed an accessory
residential use.
One or more groups of residential projects that each has
more than five units.
Shall include spouse, parent or step-parent, brother or step-brother
or half-brother, sister or step-sister, or half-sister, child or step-child,
or grandparents.
Hose uses and structures incidental and subordinate to the
industrial use of the land including: loading and unloading facilities
and equipment, parking areas and shipping terminals; water and wastewater
treatment facilities and systems; incidental services such as cafeterias;
storage facilities and garages, sales office, showrooms, and administrative
offices; radio and television antennas, private satellite dish antennas;
the storage and use of fuels for fleet vehicles, heating buildings
or for the operation of appliances or equipment used within a building;
the storage of fully operative fleet vehicles, heavy equipment or
trucks as part of the principal use; permitted signs; and other accessory
uses and structures which are determined by the Planning and Building
Director to be necessary, customary and incidental to the industrial
use of the land.
Facilities and services needed to sustain urban development
and activities. Infrastructure includes water and sewer lines, streets
and roads, communications, storm drainage improvements, water wells
and wastewater treatment facilities.
All governmental, religious, and charitable organizations.
A site or portion of a site which waste, discarded or salvaged
materials are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled, including used furniture and household equipment
yards, house wrecking yards, used lumber yards and the like; excepting
a site where such uses are conducted with a completely enclosed structure
and excepting a motor vehicle wrecking yard as defined in this section.
An establishment for the sale, purchase or storage of used cars or
salvaged machinery in operable condition and the processing of used
or salvage materials as part of a manufacturing operation shall not
be deemed a "junkyard."
Living quarters including dwellings, tents, bunkhouses, maintenance
of way cars, trailer coaches or other housing accommodations, maintained
in connection with any work or place where work is being performed
and the site on which they are located, and/or a site set aside and
provided for camping of five or more employees by a labor contractor;
excepting farm employee housing as defined in this section.
The addition of lawns, trees, plants, and other natural and
decorative features to land.
An off-street space or berth on the temporary parking of
commercial vehicles while loading or unloading, and which abuts a
street, alley or other appropriate means of ingress and egress.
An association of persons, whether incorporated or unincorporated,
for some common purpose, but not including groups organized to render
a service carried on as a business.
The property line dividing a lot from a street. On a corner
lot the shorter street frontage shall be considered the front lot
line.
The property line opposite the front lot line.
Any lot lines other than front lot lines or rear lot lines.
A site bounded by two or more adjacent street lines which
have an angle of intersection of not more than 135°.
The portion of the lot covered by buildings and structures.
A lot that typically does not front onto a public street
but whose access to a public street is provided by a narrow strip
of land upon which an easement for vehicular movement is provided.
A lot other than a corner lot.
The first lot to the rear of a reversed corner lot whether
or not separated by an alley.
A corner lot whose side street line is substantially a continuation
of the front lot line of the first lot to its rear.
A lot that fronts onto two parallel streets.
|
Exhibit 67-1: Typical Lot Types
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A process that involves and/or produces basic metals, building
materials, chemicals, fabricated metals, paper products, machinery,
textiles, and/or transportation equipment, where the intensity and/or
scale of operations may cause impacts on surrounding land uses or
the community. Also manufacturing processes involving and/or producing:
apparel; food and beverage products; electronic, optical, and instrumentation
products; ice; jewelry; and musical instruments. Light manufacturing
also includes other establishments engaged in the assembly, fabrication,
and conversion of already processed raw materials into products, where
the operational characteristics of the manufacturing processes and
the materials used are unlikely to cause significant impacts on surrounding
land uses or the community.[5]
Any establishments wherein massage is given engaged in or
carried on or permitted to be given, where the body is rubbed or there
is any manipulation of the body or similar procedure given.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
A barrier placed between lanes of traffic flowing in opposite
directions.
Clinics or offices for doctors, dentists, oculists, chiropractors,
osteopaths, chiropodists, or similar practitioners of the healing
arts; including accessory laboratories and a prescription pharmacy
but not including offices for veterinarians.
Any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: 1) a qualified patient; 2) a person with an identification card; or 3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. Unless otherwise regulated by this Code or applicable law, a "medical marijuana dispensary" shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq. "Medical marijuana dispensaries" are prohibited in all zones in Firebaugh.
A linear measurement equal to 5,280 feet, or 1.6 kilometers.
A reduction of a zoning standard by up to 20% that can be
processed administratively.
The temporary use of a structure or land, a deviation from
a development standard of a district, addition of uses to a conditional
use list, site plans for existing land uses, where the existing building
is being expanded by less than 25% of the area of the building or
use, or other minor planning requests that might be added to this
chapter by the Planning Commission.
A project that combines both commercial and residential uses,
where the residential component is typically located above or behind
the commercial.
A structure, transportable in one or more sections, that
is built on a permanent chassis and is designed to be used as a single-family
dwelling unit with or without a foundation. "Mobile home" does not
include a recreational vehicle, travel trailer, commercial coach,
or factory-built home.
An area or parcel of land where three or more mobile homes
or mobile home sites are rented or leased or held out for rent or
lease for human habitation. Mobile home parks may contain accessory
facilities including: recreation facilities; meeting rooms; parking
lots for boats, recreational vehicles, and other vehicles; administrative
offices and other accessory structures associated with mobile home
parks.
A structure composed of a pole or tower used to support antennas
or related equipment. A monopole also includes a monopine, monopalm
and similar monopoles camouflaged to resemble faux trees or other
faux objects attached on a monopole (e.g., water tower).
A structure or portion thereof or a group of attached or
detached structures containing individual guest rooms, suites or dwelling
units, usually occupied on a transient basis and usually with garage
attached or parking space located in proximity to each unit, where
lodging is provided for compensation.
A site or portion of a site on which the dismantling or wrecking
of vehicles, whether self-propelled or not, or the storage, sale or
dumping of dismantled or wrecked vehicles or their parts is conducted.
The presence on a site of two or more motor vehicles which have not
been capable of operating under their own power for 30 days or more
or, in the case of vehicles not self-propelled, which have not been
towable or from which parts have been removed for reuse or sale, shall
constitute prima facie evidence of a motor vehicle wrecking yard.
A permanent picture painted directly on an exterior wall
or on panels affixed to exterior walls.
A permit issued by the City of Firebaugh to a private party
authorizing the painting of a mural within the City of Firebaugh.
An area of a community with characteristics that distinguish
it from other community areas and which may include distinct ethnic
or economic characteristics, schools or boundaries defined by physical
barriers such as major highways, railroads, or natural features such
as rivers.
Any undesired audible sound.[6]
A structure that was lawfully erected prior to the adoption
of the Firebaugh Zoning Ordinance (Ordinance 246, 1965) but which
does not conform with the standards of coverage, setbacks, height
or distance between structures prescribed in the regulations for the
district in which the structure is located.
A use of a structure or land that was lawfully established
and maintained prior to the adoption of the Firebaugh Zoning Ordinance
but which does not conform with the current use regulations for the
district in which it is located.
The appearance or display of human bare buttock, anus, male
genitals, female genitals, or the areola or nipple of the female breast;
or
A state of dress which fails to opaquely and fully cover a human
buttock, anus, male or female genitals, pubic region or areola or
nipple of the female breast.
An interference with the enjoyment and use of property.
The use of a site or portion of a site for an organized program
devoted to the education or day care of five or more pre-elementary
school age children other than those residing of the site.
A structure operated as a lodging house in which nursing,
dietary and other personal services are rendered to convalescent,
invalid, or aged persons, not including persons suffering from contagious
or mental diseases, alcoholism or drug addiction, and in which surgery
is not performed and primary treatment, such as customarily is given
in hospitals and sanitariums, is not provided. A convalescent home
or a rest home shall be deemed a "nursing home."
A single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location and which has direct pedestrian access through an exterior wall which is visible from the public right of way. This definition pertains to signs (see § 25-47).
Any sign not located on the same lot or project site as the
use, product, or service it advertises.
A use (such as vehicle sales) where merchandise or products are displayed or dispensed in the usual course of business from an open lot and not within an enclosed structure. This definition pertains to signs (see § 25-47).
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
Includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
A structure of any kind or character erected or maintained
for outdoor advertising purposes, upon which any outdoor advertising
sign may be placed, located on a site other than the site on which
the advertised use is located or on which the advertised product is
produced.
A zone applied in combination with other zone districts in
order to impose additional restrictions or to allow greater variety
than is possible with the underlying zone.
The division of a lot, tract or parcel of land into four
or fewer lots or parcels of land for sale, lease or financing. Commercial
and industrial parcel maps may contain more than four lots.
A doorway which has been designed for the primary use of
the patrons or customers of that commercial use.
Series of lightweight plastic, fabric, or other materials,
suspended from a rope, wire, or string designed to move in the wind.
Pennants shall not include banners as defined in this chapter or individual
flags mounted on a single pole.
Any premises that requires a license and/or permit that is
classified as a sexually oriented business.
Any use or activity allowed in a zoning district and subject
to the development standards applicable to that zoning district.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
Any individual, firm, co-partnership, corporation, company, association, joint stock association, City, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof. This definition pertains to "Sexually Oriented Businesses" (see Zoning Ordinance § 25-41.11).
The highest point as in the highest point of a roof.
A residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of the P Planned Unit District, § 25-39.
A map representing a tract of land, showing the boundaries
and location of individual properties and streets; a map of a subdivision
or site plan.[7]
A roofed open area, which may be glazed.
To delineate the zoning of an unincorporated territory prior
to annexation by the City.
A sign that projects from and is supported by a wall or a
facade of a building and are also referred to as marquee signs.
Any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to testify and participate.
Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Park and Recreation authorities. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
A strip of land for the accommodation of main line or branch
line railroad tracks, switching equipment and signals, but not including
lands on which stations, offices, storage buildings, spur tracks,
sidings, section gang and other employee housing, yards or other uses
are located.
A system which automatically shuts off an irrigation system
during periods of rain.
A sign indicating the name, address and type of business
of the businesses within a building.
Providing disabled persons flexibility in the application
of land use and zoning regulations and procedures, or even waiving
certain requirements, when necessary to eliminate barriers to housing
opportunities. It may include such things as yard area modifications
for ramps, handrails or other such accessibility improvements; hardscape
additions, such as widened driveways, parking area or walkways; building
additions for accessibility; tree removal; or reduced off-street parking
where the disability clearly limits the number of people operating
vehicles. Reasonable accommodation does not include an accommodation
which would 1) impose an undue financial or administrative burden
on the City or 2) require a fundamental alteration in the nature of
the City's land use and zoning program.
A set of reproducible drawings which show significant changes
in the work made during construction and which are usually based on
drawings marked up in the field and other data furnished by the contractor.
An active play area, including sport fields, school yards,
picnic grounds or other areas where sport, outdoor or recreational
activities take place.
A motor home, travel trailer, truck camper or camping trailer,
with or without motor power, designed for human habitation for recreational
purposes with a living area less than 220 square feet.
Reusable material including but not limited to metals, glass,
plastic and paper, which are intended for reuse, remanufacture, or
reconstitution for the purpose of using the altered form. Recyclable
material does not include refuse or hazardous materials. Recyclable
material may include used motor oil collected and transported in accordance
with Sections 25250.11 and 25143.2(b)(4) of the California Health
and Safety Code.
A center for the acceptance by donation, redemption, or purchase
of recyclable materials from the public. Such facility shall not complete
any processing except limited bailing, batching and the sorting of
recyclable material and shall be classified as either a "small collection"
or "large collection" facility.
A center for the collection and/or processing of recyclable
materials. A certified recycling facility or certified processor means
a recycling facility certified by the Department of Conservation as
meeting the requirements of the California Beverage Container Recycling
and Litter Reduction Act of 1986.[8] A recycling facility does not include storage containers
or processing activity located on the premises of a residential, commercial
or manufacturing use and used solely for the recycling of material
generated by that residential property, business or manufacturer.
Recycling facilities are either collection facilities or processing
facilities.
A collection facility which occupies an area of more than
200 square feet and may include a mobile unit, bulk reverse vending
machine or a grouping of reverse vending machines, a kiosk type unit
which may include a permanent structure, or an unattended container
placed for the donation of recyclable materials.
A building or enclosed space used for the collection and
processing of recyclable materials. "Processing" means the preparation
of material for efficient shipment, or to an end-user's specifications,
by such means as baling, briquetting, impacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning and remanufacturing.
A collection facility which occupies an area of not more
than 200 square feet, and may include a mobile unit, bulk reverse
vending machine or a grouping of reverse vending machines, a kiosk
type unit which may include a permanent structure, or an unattended
container placed for the donation of recyclable materials.[9]
Any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
Any family home, group care facility, or similar facility
determined by the Director, for twenty-four-hour nonmedical care of
persons in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection
of the individual.[10]
A residential facility for six or more elderly or infirm
persons, all of whom are independently mobile and do not require confinement
or regular nursing or medical care on the premises. Rest home differs
from a "convalescent hospital" in that it is expected to provide comfort,
safety, social participation, and the maintenance of health and activity,
but does not provide skilled nursing care for the ill.
Any building or structure in which food and drinks are prepared
for service to customers within such structure.
A business selling goods, wares, or merchandise directly
to the ultimate consumer.
To rescind a planning decision made by the Planning Director,
Planning Commission or City Council, based on findings that supported
noncompliance of certain conditions of approval.
To change the zoning classification on a parcel of land from
one zone district to another.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses.
The highest point of a parapet wall or the main roof structure
or a highest point of a parapet wall other than such architectural
features as cupolas, pylons, projections or minor raised portions
of the roof.
An unsubdivided portion of the interior of a dwelling unit,
excluding bathroom, kitchen, closets, hallways, and service porches.
A satellite earth station consisting of a receiving component
of a disc or similar configuration whose purpose is to receive television
signals from orbiting satellites or other sources and a low-noise
amplifier whose purpose is to magnify television signals.
Any public or private educational facility including, but
not limited to, nursery schools, preschools, kindergartens, elementary
schools, primary schools, intermediate schools, junior high schools,
middle schools, high schools, vocational schools, secondary schools,
continuation schools, special education schools, junior colleges,
and universities. School includes the school grounds, but does not
include the facilities used primarily for another purpose and only
incidentally as a school.
A second residential unit or granny flat that is either a
detached or attached dwelling unit that 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 primary residence.
A retail business which sells used merchandise.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
Those units that have at least one person occupying the residential
unit that is at least 55 years of age or older.
Residences and residential neighborhoods, child day-care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children. This definition pertains to sexually oriented businesses (see Zoning Ordinance § 25-41.11).
A facility which supplies gasoline and diesel fuel to motor
vehicles, and including grease racks or elevators, wash racks or pits,
tire repairs, battery servicing and repairing, ignition service, sales
of motor vehicle accessories and other customary services for automobiles,
but excluding painting and body work.
See "Yard, Front," "Yard, Rear," or "Yard, Side."
That line that is the required minimum distance from the
street right-of-way line or any other lot line that establishes the
area within which the principal structure must be erected or placed.
Any pipe or conduit used to collect and carry away sewage
from the generating source to the waste water treatment facility.
Those businesses defined as follows:
ADULT ARCADEAn establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STOREA commercial establishment which 1) has as a significant or substantial portion of its stock-in-trade or 2) derives a significant or substantial portion of its revenues or 3) devotes a significant or substantial portion of its interior floor or display space or 4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations
which are characterized by the depiction of description of specified
sexual activities or specified anatomical areas;
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
An establishment may have other significant or substantial business
purposes that do not involve the offering for sale, rental or viewing
of materials, depicting or describing specified sexual activities
or specified anatomical areas, and still be categorized as adult bookstore,
adult novelty store, or adult video store. Such other business purposes
will not serve to exempt such establishments from being categorized
as an adult bookstore, adult novelty store or adult video store so
long as one of its significant or substantial business purposes is
offering for sale or rental, for some form of consideration, the specified
materials which depict or describe "specified anatomical areas" or
"specified sexual activities."
ADULT CABARETA nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: a) persons who appear nude or in a state of nudity or semi-nude; b) live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities, or c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTELA motel, hotel or similar commercial establishment which: a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or b) offers a sleeping room for rent for a period of time less than 10 hours; or c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than 10 hours.
ADULT MOTION PICTURE THEATERA commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
NUDE MODEL STUDIOAny place where a person, who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.
REGULARLY FEATURES OR REGULARLY SHOWNWith respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any thirty-day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.
SIGNIFICANT OR SUBSTANTIAL PORTIONSuch a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this chapter, Definitions,[11] shall be evidence that a "significant or substantial portion"
of the business is devoted to such uses.
Is mandatory; and "may" is permissive.
A group of two or more commercial uses planned and designed
to function as an integral unit on a single parcel of contiguous parcels
and which utilize common off-street parking and access, landscaping,
loading facilities and points of ingress and egress.
The geometric area of a sign including all elements such
as board or frames, perforated or a solid background, ornamental embellishments,
arrows or other sign media. The area of individual signs shall be
measured as follows (see also Exhibit 67-3):
Sign faces counted: Where a sign has two faces containing sign
copy, which are oriented back to back and separated by not more than
24 inches at any point, the area of the sign shall be measured using
one sign face only.
Wall-mounted letters: Where a sign is composed of letters individually
mounted or painted on a building wall, without a border or decorative
enclosure, the sign area is that of the smallest area of a rectangle
within which all letters and words can be enclosed.
Three-dimensional signs: Where a sign consists of one or more
three-dimensional objects such as balls, cubes, clusters of objects,
or sculptural or statute-type trademarks, the sign area shall be measured
as the area of the smallest rectangle within which the object(s) can
be enclosed, when viewed from a point where the largest area of the
object(s) can be seen.
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Exhibit 67-3: Sign Area Measurement
 |
Any words, letters, numbers, figures, designs, or other symbolic
representations incorporated into a sign face and/or its structure
with the purpose of attracting attention to the subject matter.
The panel surface of a sign which carries the advertising
or identification message.
Any structure which supports or is capable of supporting
any sign. A sign structure may or may not be an integral part of a
building. For the purpose of a freestanding sign, the sign structure
shall include the aggregate area of the sign including the sign copy
and all structural elements of the sign.
See "sandwich board sign."
A sign placed on the wall of a building that faces onto or
abuts a public alley.
A sign with action or motion, whether by flashing lights,
color changes, wind, rotation, movement of any parts of the sign or
letters or parts of the sign structure, or other motion.
A sign applied to an awning or canopy that is attached to
a building (see Exhibit 67-2 for illustration of sign types).
See "Awning Sign."
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign. A sign on which the only copy that changes is
an electronic or mechanical indication of time or temperature shall
be considered a "time and temperature" sign and not a changeable copy
sign for purposes of this chapter.
Signs giving only information and direction to the viewer
and containing no advertising message;
A sign typically used to list individual businesses in a
multitenant complex or center.
A sign which has light cast on its surface from an artificial
exterior source installed for the purpose of illuminating the sign;
Any sign whose illumination originates from within the structure
of the sign and the source of which is not visible from the exterior
of the sign.
Any sign which was lawfully erected or maintained prior to
the time of adoption of this title.
A sign which is specifically located and designed to be viewed
from a pedestrian right-of-way.
A sign advertising a candidate for political office, a political
party or a measure scheduled for an election.
A sign which is capable of being carried or moved by manual
or mechanical means from one location to another and which is not
affixed to the ground, a structure, or a vehicle.
A portable sign with advertising messages mounted on two
surfaces with two edges connected and the other two edges spread so
that the two faces read from different directions;
Any sign advertising specific temporary events, such as carnivals,
festivals, exhibits, and parades, but not including promotional sales
or grand opening signs.
A sign identifying the name of a subdivision or multiple
housing projects and consisting of letters or symbols attached to
a wall or a fence or freestanding sign located within the boundaries
of a recorded and developed subdivision or multiple housing projects.
A sign designed to be used for short periods of time, as
opposed to a permanently-mounted sign such as a freestanding sign
or wall sign.
Any display of streamers, pennants, whirligigs or similar
devices made of flexible lightweight material, strung together or
attached in such a manner as to move by wind pressure.
A sign mounted within or on a window.
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Exhibit 67-2: Selected Sign Definitions
 |
A facility providing dwelling units where each unit has a
minimum floor area of 150 square feet and a maximum floor area of
400 square feet. These dwelling units may have kitchen or bathroom
facilities and shall be offered on a monthly basis or longer.
A parcel of land, subdivided or unsubdivided, occupied or
to be occupied by a use or structure.
The total horizontal area included within the property lines
of a site.
The horizontal distance between the front and rear property
lines of a site measured along a line midway between the front side
property line.
A plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See § 25-53 for requirements.
The review by the commission or its authorized agent of a
site plan and other studies to assist the commission or agent to determine
the manner in which the applicant intends to make use of his property.
The horizontal distance between the side property lines of
a site measured at right angles to the depth at a point midway between
the front and rear property lines.
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Exhibit 67-4: Site Width and Depth
 |
A single, slim antenna pole not exceeding 1.5 feet in diameter
at the base of the antenna or pole and one foot in diameter at the
top of the antenna or pole.
A natural or artificial incline, as a hillside or terrace.
Slope is usually expressed as a ratio. For example, a horizontal distance
of 100 feet with a rise of 50 feet would be expressed as a 2:1 slope.
(See also "grade" and "top and toe of slope").
Any residential facility that provides social rehabilitation
services for no longer than 18 months in a group setting to adults
recovering from mental illness who temporarily need assistance, guidance,
or counseling.
A plan for a designated area within the City, based on the
general plan, but containing more detailed regulations and programs
as provided in Section 65450 and following of the California Government
Code.
As used in this § 25-67 means and includes any of the following:
As used in this § 25-67, means and includes any of the following:
The fondling or other intentional touching of buttocks for purpose
of sexual arousal, or fondling or other intentional touching of human
genitals, pubic region, anus, or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Human genitals in a state of sexual stimulation, arousal or
tumescence;
A detached accessory structure including but not limited
to a corral or paddock for the keeping of one or more horses owned
by the occupants of the premises, and which are not kept for remuneration,
hire or sale.
The State of California.
An enclosed area where animals are temporarily held for concentrated
feeding or display preliminary to slaughtering, shipping or resale.
Water flowing from impervious surfaces and entering Firebaugh's
stormwater drainage system, which is a series of curbs and gutter,
drop inlets, storm drainage pipes, basins and waterways.
A space in a building between the surface of any floor and
the surface of the floor next above, or if there be no floor above,
then the space between such floor and the ceiling or roof above.
A thoroughfare, dedicated as such or acquired for public
use as such, other than an alley, which affords the principal means
of access to abutting land.
A street with signals at important intersections and stop
signs on side streets, and which collects and distributes traffic
to and from collector streets.
A street that collects traffic from local streets and connects
with minor and major arterials.
A street with a single common ingress and egress and with
a turnaround at the end; non-through streets that serve local neighborhoods.
A street with a single common ingress and egress.
A street designed to provide vehicular access to abutting
property and to discourage through traffic; narrow streets that serve
local neighborhoods.
Any change in the supporting members of a building, such
as in a bearing wall, column, beam or girder, floor or ceiling joists,
roof rafters, roof diaphragms, foundations, piles, or retaining walls,
or similar components.
Any object constructed, installed, or placed on real property
by man, including, but not limited to, buildings, towers, smokestacks,
and overhead lines.
A detached subordinate structure located on the same site
with the main structure or main use, the use of which is customarily
incidental to that of the main structure or the main use of the land.
A structure housing the principal use of site or functioning
as the principal use.
A structure which is readily movable and used or intended
to be used for a period not to exceed 90 consecutive days.
The division of a lot, tract or parcel of land into five
or more lots or parcels of land for sale, lease or financing.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations or state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
An increase in the floor areas occupied by the business as
the floor areas existed on the affected date of this ordinance.
Housing with no limit on length of stay, that is occupied
by the target population as defined in Subdivision (d) of Section
53260 (of the Health and Safety Code) and that is linked to onsite
or offsite services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing
his or her ability to live and, when possible, work in the community.
This housing may include apartments, single-room occupancy residences
or single-family homes.
Any permanent structure containing a body of water intended
for recreational uses, and shall include wading pools.
Very-low-income, low-income, or senior citizen households.
A freestanding mast, pole, monopole, guyed tower, lattice
tower, freestanding tower or other structure designed and primarily
used to support wireless telecommunications facility antennas.
A sign erected and maintained within the boundaries of a
recorded subdivision and indicating the name of the subdivision, the
name of the contractor and/or subdivider, the name of the owner and/or
agent, and giving information regarding directions, price or terms
concerning the sale or lease of parcels within the subdivision."
A religious meeting or series of meetings which are often
evangelistic in nature and are conducted within a nonpermanent structure
such as, but not limited to, a collapsible shelter of canvas or other
material stretched and sustained by poles.
Includes any of the following:
Buildings configured as rental housing developments, but
operated under program requirements that call for the termination
of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which
shall be no less than six months.
[1]
Editor's Note: The former definition of "applicant," which
immediately followed this definition, was repealed 7-15-2019 by Ord.
No. 19-03.
[2]
Editor's Note: The former definitions of "commercial marijuana
operation or marijuana operation" and "commercial marijuana permit,"
which immediately followed this definition, were repealed 7-15-2019
by Ord. No. 19-03.
[4]
Editor's Note: The former definition of "employee permit,"
which immediately followed this definition, was repealed 7-15-2019
by Ord. No. 19-03.
[5]
Editor's Note: The former definitions of "marijuana business
operator," "marijuana operation business owner," "marijuana ordinance,"
"marijuana premises or site," and "marijuana premises owner," which
immediately followed this definition, were repealed 7-15-2019 by Ord.
No. 19-03.
[6]
Editor's Note: The former definition of "noncommercial and
recreational marijuana activity," which immediately followed this
definition, was repealed 7-15-2019 by Ord. No. 19-03.
[7]
Editor's Note: The former definition of "police chief," which
immediately followed this definition, was repealed 7-15-2019 by Ord.
No. 19-03.
[8]
Editor's Note: See Public Resources Code § 14500
et seq.
[9]
Editor's Note: The former definition of "registration," which
immediately followed this definition, was repealed 7-15-2019 by Ord.
No. 19-03.
[10]
Editor's Note: The former definition of "responsible party,"
which immediately followed this definition, was repealed 7-15-2019
by Ord. No. 19-03.
[11]
Editor's Note: So in original.
