Chapter 9.40 STANDARDS FOR SPECIFIC LAND USES

Division 4. Standards for Specific Land Uses

Chapter 9.40
STANDARDS FOR SPECIFIC LAND USES

Sections:

9.40.010 Purpose of division.

9.40.020 Accessory residential dwelling units.

9.40.030 Accessory uses and structures.

9.40.040 Animal keeping.

9.40.050 Bed and breakfast inns.

9.40.060 Cargo container standards.

9.40.070 Construction office/yard.

9.40.080 Day care facilities.

9.40.090 Drive-in and drive-through facilities.

9.40.100 Group housing.

9.40.110 Meat packing and processing.

9.40.120 Mini-storage facility standards.

9.40.130 Outdoor dining and seating areas.

9.40.140 Outdoor display and sales.

9.40.150 Public utilities and services.

9.40.160 Recycling facilities.

9.40.170 Right to farm.

9.40.180 Vehicle service station standards.

9.40.200 Low barrier navigation center, use by right.

9.40.010 Purpose of division.

This division provides locational, site planning, developmental, and operational standards for land uses that are allowed by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). (§ 2, Ord. 14-13, eff. October 8, 2014)

9.40.020 Accessory residential dwelling units.

A. Purpose and intent. This section is intended to meet the requirements of State law in providing for accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) as required by and in compliance with Government Code Sections 65852.2 and 65852.22, as either may be amended from time to time. The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. To the extent there is a conflict between the provisions of this section and the provisions of either Government Code Section 65852.2 or 65852.22, including as either may be amended, the applicable provision(s) of Government Code Sections 65852.2 and 65852.22 shall apply. The requirements and exceptions specified in Government Code Sections 65852.2 and 65852.22 shall apply to the construction of ADUs and JADUs pursuant to this section.

This section is not intended to regulate multigenerational dwelling units, which are dwelling units that do not include a kitchen, contained entirely within the walls of a proposed or existing single-family residence where access is not restricted between areas of the residence.

B. Determinations. ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot.

ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City’s housing element, as provided in Government Code Section 65583.1(a), and to reduce the City’s share of the regional housing need, as provided in Government Code Section 65583.1(d).

C. Designated areas. ADUs and JADUs are allowed in all residential zoning districts, including mixed-use zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.

D. Development standards. ADUs may be constructed on single-family and multifamily lots with a proposed or existing dwelling. ADUs may be attached, detached, or located within existing primary residences, or accessory structures. JADUs shall only be allowed on lots zoned for single-family residential use, and which are contained within a proposed or existing single-family dwelling.

ADUs and JADUs are subject to the normal requirements of the zoning district where the ADU and/or JADU will be constructed. Unless otherwise stated in this section, the requirements and standards of the Development Code that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including lot coverage, parking, height, setback, floor area ratio, open space, landscape, and architectural review, all Fire and Building Code requirements and standards of the Development Code, and the requirements and standards that apply to detached dwellings and accessory structures generally. (See Section 9.40.030(D).)

1. Number of units. One ADU and one JADU are allowed per single-family residential lot. Lots with existing multifamily dwellings may construct up to two (2) detached ADUs, or ADUs up to twenty-five percent (25%) of the number of existing multifamily dwelling units in nonlivable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages).

2. Unit size. Detached ADUs may have a total floor area of one thousand two hundred (1,200) square feet or less. ADUs attached to an existing primary dwelling may have a total floor area of fifty percent (50%) or less of the area of the existing primary dwelling or one thousand two hundred (1,200) square feet, whichever is greater. ADUs and JADUs shall be at least two hundred twenty (220) square feet. JADUs may not be more than five hundred (500) square feet in size.

3. Setbacks. A setback of four (4) feet from the side and rear lot lines is required for an ADU, unless the ADU is constructed within an existing primary dwelling or permitted accessory structure, or in the same location and to the same dimensions as an existing permitted accessory structure.

4. Building standards.

a. ADUs and JADUs shall not exceed a single story, unless constructed above an attached or detached garage, in which case the ADU/JADU shall not exceed the height limit of the applicable zoning district. Detached ADUs on a lot with an existing or proposed single-family or multifamily dwelling unit shall not exceed sixteen feet (16') in height, unless it is within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, in which case it shall not exceed eighteen feet (18') in height. Detached ADUs on lots with an existing or proposed multifamily, multistory dwelling shall not exceed eighteen feet (18') in height. Attached ADUs shall not exceed twenty-five feet (25') in height.

b. ADUs and JADUs must be architecturally compatible with the primary dwelling, having similar materials, colors, and style of construction. The design and size of ADUs and JADUs shall conform to all applicable standards of the building, health, and other codes adopted by the City. (Refer to Table 2-3 in Division 2 of this title for residential lot coverage requirements.)

c. Attached ADUs and JADUs shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling).

d. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the accessory dwelling unit as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water. Approval by the local health officer is required where a private water well and/or private sewage disposal system is being used, and the applicant must demonstrate that there is sufficient capacity on any private water well and/or private sewage disposal system to adequately serve proposed ADUs/JADUs. New private water wells, new private sewage disposal systems, or expansion of existing private water wells and/or private sewage disposal systems shall not be allowed in order to accommodate ADUs/JADUs.

e. There shall be at least one parking space per ADU, except as allowed by Government Code Section 65852.2. Additional parking is not required for JADUs.

f. The floor area of the ADU together with the floor area of the primary dwelling unit shall not cause the parcel coverage for the subject site to exceed the maximum allowable lot coverage for the applicable zoning district.

g. Fire sprinklers are required for ADUs/JADUs if fire sprinklers are required for the primary residence.

5. Exception. All of the standards provided in this section may be relaxed or waived in order to allow construction of an attached or detached ADU that is at least eight hundred (800) square feet and sixteen feet (16') in height with four-foot (4') side and rear yard setbacks; provided, that the ADU is constructed in compliance with all Fire and Building Code requirements and applicable standards of the Development Code necessary to protect the public health and safety.

E. Cottage home program standards. This section provides locational and general standards for the cottage home program which is allowed in the applicable residential areas, subject to the following criteria and standards. This subsection does not supplant the remainder of this section for ADU and JADU construction.

1. Cottage home. A cottage home is a type of ADU made available by the City and constructed in compliance with this subsection. A cottage home shall count towards the limit on the number of ADUs permitted on a single lot.

2. Zone districts. A cottage home is allowed in single-family residential zoning district areas in which an alley is located. A cottage home unit shall not be allowed in nonresidential zoning districts where residential uses are not allowed.

3. Application procedures. Applications for the cottage home program shall be filed with the Department. The cottage home program has designated plans that are available to parcels that have access to an alley within the Clovis City limits.

4. Developmental standards. A cottage home shall be constructed in compliance with the following developmental standards:

a. The cottage home unit shall have access through an alleyway.

b. Only one cottage home unit shall be created on a single-family parcel.

c. The cottage home shall be built using plans provided by the City.

d. One off-street (covered or uncovered) parking space shall be provided for the cottage home unit with the dimensions of ten by twenty feet (10' by 20'), except where exempted by State law.

e. Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the cottage home unit as determined by the City Engineer. The cottage home can have either shared or separate services for electric, gas, sewer, and water.

f. Single-family lots with an alley-facing detached unit shall receive the same address as the main house with a letter “B” as the address unit portion of the unique address designator.

F. Connection, impact, and other fees.

1. Except as provided in Government Code Sections 65852.2 and 65852.22, ADUs and JADUs are subject to all fees and assessments required by the Clovis Municipal Code for new residential construction, including connection fees, capacity charges, and impact fees.

2. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

G. Occupancy and ownership.

1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy is issued for an ADU or JADU on the lot.

2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. Rentals of ADUs and/or JADUs for less than thirty (30) days must comply with the requirements for short-term rentals pursuant to Section 9.58.065.

3. Owner-occupancy is not required for ADUs. Owner-occupancy is required for a single-family residence with a JADU. The owner may reside in either the single-family residence or the newly created JADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

4. A JADU may not be sold separate from the sale of the single-family residence. A deed restriction prohibiting the sale and restricting the size and attributes of the JADU, as provided by Government Code Section 65852.22, is also required.

H. Permit approval. A permit must be obtained for the construction or installation of an ADU or JADU. An application, together with the required fee in compliance with the City’s fee schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to determine compliance with this section and ministerially approve a compliant application.

If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.

I. Definitions.

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit may be an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.

2. “Floor area” or “total floor area” means the entire ground-level square footage of the structure, including the living area, as defined, and any nonhabitable area within the structure, such as a garage or storage space.

3. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence that includes a separate entrance from the main entrance to the single-family residence, separate sanitation facilities, and an efficiency kitchen consisting of a cooking facility with appliances, a food preparation counter, and storage cabinets of reasonable size in relation to the size of the unit.

4. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

J. Noncompliant applications. An applicant may submit an application for an administrative use permit pursuant to Chapter 62 of this title for ADUs or JADUs that do not satisfy the requirements of this section. The Director may approve an administrative use permit in whole or in part, and may impose specific development requirements and/or conditions of approval that relate to both on- and off-site improvements that are necessary to accommodate property development, mitigate project related adverse effects, and to carry out the purpose and requirements of the subject zoning district. Approval of an administrative use permit shall be discretionary and in accordance with the requirements of Chapter 62 of this title.

K. Severability. The City Council hereby declares that it would have adopted this section and adopted each article, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, subsections, sentences, clauses or phrases are declared invalid or unconstitutional. If any article, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this section. The Director shall apply this section as though any invalid or unconstitutional article, subsection, sentence, clause or phrase were not included in this section. (§ 2, Ord. 14-13, eff. October 8, 2014; § 2 (Att. C), Ord. 19-05, eff. May 8, 2019; § 2 (Att. B), Ord. 21-06, eff. December 1, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

9.40.030 Accessory uses and structures.

This section provides standards for accessory uses and structures allowed in the applicable residential zoning districts (see Section 9.10.020 (Residential district land uses and permit requirements)), subject to the following criteria and standards:

A. Definition. Accessory residential uses and structures include any that are:

1. Customarily related to a residence, including garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops;

2. Not counted as or containing a living area; and

3. A minimum of sixty-four (64) square feet in gross floor area.

B. Relationship of accessory use to the main use. Accessory uses and structures shall be incidental to and not alter the residential character of the subject site.

C. Attached structures. An attached accessory structure shall:

1. Be compatible with and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached to the main structure);

2. Comply with the requirements of this Development Code applicable to the main structure, including coverage, height, and setbacks; and

3. Be compatible with the materials and colors of the main structure.

D. Detached structures.

1. Detached accessory structures shall require a rear yard encroachment permit if located in the rear setback area. The accessory structure cannot exceed the allowable site coverage for the zone district. A building permit is required for any structure over one hundred twenty (120) square feet in size.

2. Detached accessory structures shall:

a. Not exceed a height of twelve feet (12') when located in rear yard setback; with additional height subject to approval of an administrative use permit in compliance with Chapter 62 of this title, not to exceed the height limit of the applicable zoning district;

b. Where an accessory building, either attached to or detached from the main building, is less than six feet (6') from such main building, such accessory building shall be deemed a main building for the purposes of applying the property development standards. The required setbacks and maximum height of the main structure shall apply to an accessory structure located less than six feet (6') from such main building.

c. Be compatible with the materials and colors of the main structure; and

d. Shall comply with building and fire code separation standards.

E. Setback and height requirements. Setbacks shall be in compliance with Table 4-1 (Required Setbacks – Accessory Residential Uses and Structures).

1. Maximum height shall be as per the following and Figure 4-1:

a. Within allowable building area: same height as permitted for the main structure.

b. Within rear yard setback area: twelve-foot (12') overall height. With an approved administrative use permit, accessory buildings in excess of twelve feet (12') in height with a plate height no greater than twelve feet (12'). Freestanding fireplace units shall be a maximum of twelve feet (12') to the top of the flue.

FIGURE 4-1
SETBACKS

TABLE 4-1
REQUIRED SETBACKS
ACCESSORY RESIDENTIAL USES AND STRUCTURES
ACCESSORY STRUCTURE	TYPE OF SETBACK (1)	REQUIRED SETBACK
SINGLE-FAMILY DETACHED HOMES
Garage, gazebo, greenhouse, lightweight frame structure, patio cover, storage shed, workshop (2)	Front	As required for the main structure
	Sides, street side, reverse corner side yard	As required for the main structure for structures greater than 120 square feet. No requirement for structures of 120 square feet or less in side setbacks. (5)
	Rear	As required for the main structure, or 5-foot minimum with an approved rear yard encroachment for structure greater than 120 square feet. No requirement for structures of 120 square feet or less in rear setback.
	Between detached structures	As required for the main structure, 5-foot minimum
Fish pond, waterfalls, outdoor play equipment, spa, pool slides, swimming pool	Front	20 feet
	Sides	5 feet
	Street side	10 feet
	Rear	5 feet
	Reverse corner side yard	15 feet
Stationary barbecue, outdoor fire pit/fireplaces	Front	10 feet
	Sides	3 feet
	Street side	10 feet (3)
	Rear	3 feet
Small cargo containers (aka pods and seatrains)	Front	10 feet (4)
	Sides	3 feet
	Street side	10 feet (3)
	Rear	3 feet
Air conditioning equipment, diving board, emergency generator, pool and spa equipment	Front	20 feet
	Sides	3 feet
	Street side	10 feet
	Rear	3 feet
MULTIFAMILY, ATTACHED/DETACHED
Garage, gazebo, greenhouse, lightweight frame structure, patio cover, storage shed, workshop	Sides, street side	As required for main structure
	Rear	As required for main structure
Small cargo containers (aka pods and seatrains)	Front, sides, street side, and rear	As required for main structure (4)
Air conditioning equipment, fish pond, outdoor play equipment, pool and spa equipment, spa, swimming pool	Front, sides, street side, and rear	As required for main structure
MULTIFAMILY, ATTACHED/DETACHED (Continued)
Stationary barbecue, fire pit	Front	10 feet
	Side	3 feet
	Street side	10 feet
	Rear	3 feet

Notes:

(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the Director.

(2) Garages on corner or reverse corner lots shall not be built closer than twenty feet (20') to any street side property line.

(3) Reverse corner lots shall maintain a minimum street (e.g., front or street side) setback of fifteen feet (15'), or as required by the subject zoning district.

(4) Shall comply with Section 9.40.060.

(5) Accessory structures over one hundred twenty (120) square feet may be located within three feet (3') of a side yard when the front face is more than eighty-five feet (85') from the front property line.

F. Lightweight frame structures. This subsection provides standards for accessory lightweight frame structures allowed in the applicable residential zoning districts (see Section 9.10.020 (Residential district land uses and permit requirements)), subject to the following criteria and standards:

1. A lightweight frame structure located in any residential zoning district shall meet all required front, side, and rear setback requirements for the main structure.

2. A lightweight frame structure in excess of one hundred twenty (120) square feet of roof area may encroach into the rear setback but only with a rear yard encroachment permit, provided:

a. The structure is at least six feet (6') away from the main structure;

b. The structure shall not be located in the required side setback for the zoning district in which it is located;

c. Space equal to the reduction (e.g., the amount of the rear yard encroachment) shall be provided elsewhere on the subject parcel, exclusive of the required yard area. The replacement space shall be equal to the total square footage encroaching into the rear yard setback and shall be located in a manner suitable for general use by the occupants;

d. The standards for issuance of a rear yard encroachment permit are satisfied; and

e. In no event shall the standards for issuance of a rear yard encroachment permit be considered satisfied unless the applicant first submits, together with the required site plan, written statements, or other evidence deemed satisfactory to the Director, that all adjoining property owners have consented to the requested encroachment.

3. A detached lightweight frame structure of less than one hundred twenty (120) square feet of roof area may encroach into a side or rear setback, and shall be allowed up to the property line.

4. Building permit requirements. Lightweight frame structures shall be subject to the California Building Code requirements.

a. A detached lightweight frame structure of any size shall require the issuance of a building permit.

5. In no event shall any lightweight frame structure result in the maximum lot coverage restrictions for the subject zoning district being exceeded.

6. In no event shall any lightweight frame structure exceed twelve feet (12') in overall height or seven feet (7') in overall height within three feet (3') of a property line.

7. Each application shall be reviewed for compliance with the requirements of Chapter 1 of Title 8 and the State Building Standards Code, Title 24, Chapter 31, Division II (Membrane Structures). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021; § 1(2) (Att. A), Ord. 23-05, eff. August 9, 2023)

9.40.040 Animal keeping.

This section provides appropriate standards to ensure that the raising, keeping, and maintenance of animals would not create an adverse impact on surrounding properties by reason of negative impacts (e.g., bright lights, dust, fumes, insect infestations, noise, odor, or visual blight) by providing standards for maintaining the animals. Animal keeping uses shall be in compliance with this section and other applicable provisions of the Municipal Code.

A. Regulations. The keeping or maintaining of fowl, livestock, or other animals of any kind shall not be allowed in any subdivision, except in compliance with this section.

B. Apiaries. No person shall keep or maintain within the City any stand of bees except in conjunction with a permitted agricultural operation. When allowed, beekeeping shall be subject to the following requirements:

1. Apiaries shall be limited to the seasonal pollination of permitted agricultural uses. Bees shall not be raised on property within the City and shall conform to the provisions of Section 6.1.106 (Bees). An adequate fresh water supply shall be available for the bees on the subject property at all times;

2. For three (3) hives or less, the location of the hives shall be not less than two hundred feet (200') from any public road, street, or highway, residence, or other occupied structure other than that of the property owner or occupant of the subject property, except by written permission of those persons affected;

3. Four (4) to twenty (20) hives: same requirements as those identified in subsection (B)(2) of this section, except that the minimum distance shall be not less than four hundred feet (400'); and

4. Twenty-one (21) or more hives: same requirements as those identified in subsection (B)(2) of this section, except that the minimum distance shall be not less than six hundred feet (600').

C. Bovine animals, goats, horses, and sheep. The keeping of these types of animals shall only be allowed in the R-A, R-1-AH, and R-R Districts and shall be subject to the following requirements:

1. The minimum parcel area required and the maximum number of animals allowed shall be in compliance with the following requirements:

a. These types of animals are only allowed where the parcel area is a minimum of twenty-four thousand (24,000) square feet.

b. The total number of these types of animals shall not exceed a ratio of four (4) adult animals in any combination of the foregoing animals and their immature offspring, with no more than two (2) adult animals of a bovine or equine kind, or combination of animals and their immature offspring, for each twenty-four thousand (24,000) square feet of parcel area.

2. No barn, corral, pen, or stable shall be maintained within twenty-five feet (25') of a side or rear property line, or within forty feet (40') of any window or door of any structure used for human habitation, or within one hundred feet (100') of the front line of the subject parcel. This provision shall not apply to the pasturing of animals within the above mentioned setbacks.

3. The keeping of all domestic animals provided for in this section shall be in compliance with all other applicable City ordinances and regulations.

D. Household pets. The keeping of household pets shall be subject to the following requirements:

1. The keeping of household pets, as that term is defined in Division 8 of this title (Definitions), shall be allowed only in those zoning districts, identified in Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and only in compliance with Chapter 1 of Title 6.

E. Poultry, rabbits, and other similar small fur-bearing animals.

1. The keeping of this category of animals for either domestic or commercial use is allowed only in the R-R, R-A, and R-1-A Districts.

2. No commercial poultry coop or pen, commercial rabbitry, or commercial fur-bearing animal coop or pen shall be located in the following locations:

a. On a parcel containing less than twenty-four thousand (24,000) square feet of site area;

b. Within twenty-five feet (25') of a property line;

c. Within one hundred feet (100') of the front property line of the subject parcel; or

d. Within forty feet (40') of any window or door of a structure used for human habitation.

F. Vietnamese potbellied pigs. The keeping of Vietnamese potbellied pigs shall be in compliance with Chapter 1 of Title 6. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.40.050 Bed and breakfast inns.

This section provides locational, developmental, and operational standards for bed and breakfast establishments.

A. Allowed in all zoning districts. Bed and breakfast (B&B) establishments are allowed in all zoning districts subject to the approval of a conditional use permit, granted in compliance with Chapter 64 of this title. B&B establishments shall be developed and operated in compliance with the following standards:

B. Conformance with zoning district standards required. The parcel upon which the B&B establishment is to be developed and operated shall conform to all standards of the subject zoning district.

C. May contain up to five (5) guest rooms. The B&B establishment may contain up to five (5) guest rooms and the owner/operator shall reside within the main dwelling unit.

D. Meals for guests only. Meal service shall be limited to the provision of meals for registered guests only.

E. No additional food preparation allowed. There shall be no additional food preparation areas for the guests.

F. Limit on allowed activities. Receptions, private parties, or activities, for which a fee is paid or which is allowable as a condition of room rental, may be allowed.

G. Business license required. A current City business license shall be maintained and displayed in compliance with Section 3.1.101 (Business license fees).

H. Compliance with transient occupancy tax required. All B&B establishments shall be subject to the City’s transient occupancy tax in compliance with Sections 3.3.401 through 3.3.414 (transient occupancy tax).

I. Required parking. Off-street parking shall be provided at a ratio of one space for each bedroom available for rent in addition to the parking required for the main dwelling unit. This parking shall not be located within the required front setback.

J. Signs.

1. Signs shall be limited to one on-site sign not to exceed two (2) square feet in area and shall be installed and maintained in compliance with Chapter 34 of this title (Signs).

2. In the event of alley access to a guest parking area, a second sign, not to exceed two (2) square feet in area, may be approved by the Director in order to identify the parking area.

3. One small low-profile monument sign shall be allowed, but shall be reviewed and approved through the required conditional use permit process in compliance with Chapter 64 of this title.

K. Compliance with Fire Department requirements. All B&B establishments shall meet all of the requirements of the Fire Department. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.40.060 Cargo container standards.

This section provides locational and operational standards for temporary use of cargo containers which are allowed only in compliance with the following standards:

A. The cargo containers may:

1. Be allowed in commercial and industrial zoning districts for temporary storage, holiday seasonal sales and special events subject to site plan review and the following:

a) In industrial and commercial zone districts, no more than two (2) containers, not to exceed five hundred (500) square feet, may be kept on any one site. Additional storage units may be permitted subject to a conditional use permit.

b) Utility installations (electrical, water, sewer) are prohibited for storage containers in commercial zone districts.

c) For permanent storage within industrial zone districts, placement must provide a permanent foundation, electrical and plumbing permits;

2. Be allowed in residential districts for a limited (maximum one year) period during construction or remodeling on site with a valid building permit (must be removed within fourteen (14) days of occupancy permit). Containers cannot be located within any required setbacks, parking or landscaped areas, and screened from view of public streets and adjacent residences;

3. Be allowed in residential districts for a limited (maximum three (3) weeks) period for moving purposes and shall not require a building permit. Containers cannot be located within any required setbacks, parking or landscaped areas;

4. Be allowed in any zone district as part of a construction site, in conjunction with the issuance of a valid building permit; provided, the containers are located on or immediately adjacent to the subject construction site;

5. Not be allowed if their presence would impede traffic circulation, reduce parking spaces below the minimum number required (if applicable), be visible from any public street or right-of-way, except during allowed construction activity, or impair public health or safety;

6. Containers are for storage use only (no habitable space);

7. No stacking of units is permitted;

8. Container location shall be a minimum of ten feet (10') from all buildings and property lines;

9. Flammable/combustible liquids and hazardous materials must be stored under exempt amounts per outdoor control area as defined in the current adopted version of the California Fire Code;

10. If the container has a combustible floor, it cannot be used to store a motor vehicle;

11. Any structural alterations to the cargo container shall be designed and detailed by a licensed engineer or licensed architect;

12. No connecting structures are permitted between containers;

13. Surrounding property shall be free of vegetation other than approved landscaping; and

14. Not be allowed without the prior approval of a site plan review in compliance with Chapter 56 of this title.

B. Separate application and fee.

1. A separate application and fee in compliance with the City’s Fee Schedule shall be required for temporary cargo containers to be used during allowed holiday seasonal sales.

2. A separate application or fee shall not be required for temporary cargo containers to be used only during allowed construction activities in compliance with a valid building permit. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)

9.40.070 Construction office/yard.

1. Allowed locations. Allowed within any zoning district; provided, the offices/yards are located on or immediately adjacent to the subject construction site.

2. Duration.

a. The construction office/yard may remain only during the construction of a project or a phase of a project, and until ninety (90) days thereafter, or upon expiration of the companion building permit, whichever first occurs.

b. Approval of an administrative use permit in compliance with Chapter 62 of this title shall be required to allow the construction office/yard to remain beyond the ninety (90) day limitation.

3. Cleanup deposit. Adequate security shall be deposited with the City to ensure cleanup of the site after removal of the construction office/yard.

4. Caretaker. One adult caretaker may reside on the site during nonconstruction hours; provided, suitable sanitary facilities are available to the individual. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.40.080 Day care facilities.

This section provides locational and operational standards for the provision of day care facilities, in compliance with State law. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services. The establishment of a day care facility shall be in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the following criteria and standards:

A. Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Division 8 of this title (Definitions):

Day care facilities. Facilities that provide care and supervision of minor children and impaired adults needing supervision for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California Department of Social Services:

1. Child/adult day care center. A commercial or nonprofit day care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent “standalone” commercial land use. Day care centers require a CUP.

2. Large family day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for nine (9) to fourteen (14) children/adults in compliance with Health and Safety Code Section 1597.465. A large family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling.

3. Small family day care home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight (8) or fewer children/adults in compliance with Health and Safety Code Section 1597.44. A small family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling.

B. Permit processing. Permit processing for large family day care homes shall be conducted in compliance with State law (Health and Safety Code Section 1597.46).

C. Large family day care homes. The following provisions shall apply:

1. Permit processing for large family day care homes shall be subject to the following:

a. A large family day care home shall be in compliance with the State Uniform Building Standards Code.

2. The large family day care home shall be the principal residence of the day care provider and the use shall be clearly incidental and secondary to the use of the property as a residence.

3. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the State Fire Marshal.

4. In order to protect surrounding residential dwellings from noise impacts, a facility located within a residential zoning district may only operate up to a maximum of fourteen (14) hours each day, between the hours of 6:00 a.m. and 8:00 p.m., and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. The Director may approve different operating hours within the fourteen (14) hour maximum window upon a finding, and upon such conditions the Director deems necessary to ensure, that no noise impacts will occur.

5. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 32 of this title (Parking and Loading Standards). The driveway may serve to meet the required parking spaces and/or the drop-off area.

D. Day care centers in nonresidential zone districts. The following standards shall apply, in addition to those standards contained in subsection C of this section (Large family day care homes):

1. The minimum parcel size for a child and adult day care center shall be ten thousand (10,000) square feet;

2. A six-foot (6') high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot (3') wide landscaped area shall be provided adjacent to the fence/wall and shall include a dense hedge of evergreen shrubs a minimum of four feet (4') in height at the time of planting;

3. The minimum separation between the main assembly structure of the center and a residential zoning district shall be thirty feet (30'); and

4. The facility shall be provided with both indoor and outdoor play areas in compliance with State requirements. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 2), Ord. 16-07, eff. May 4, 2016; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)

9.40.090 Drive-in and drive-through facilities.

This section provides locational and operational standards for retail trade or service uses providing drive-in and drive-through facilities which shall be designed and operated to effectively mitigate problems of congestion, excessive pavement, litter, noise, traffic, and unsightliness.

A. Inwardly focused. Drive-through aisles shall be inwardly focused within the site and located away from adjoining streets, wherever feasible.

B. Aisle standards.

1. Drive-through aisles shall have a minimum ten-foot (10') interior radius at curves and a minimum twelve-foot (12') width.

2. Each drive-through entrance/exit shall be at least fifty feet (50') from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet (25') from the curb cut on an adjacent property.

3. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.

C. Curbing and landscaping required. Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property or access to a parking space.

D. Pedestrian walkways. Pedestrian walkways should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

E. No reduction in off-street parking. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.

F. Accommodation of waiting vehicles.

1. Drive-through access aisles shall provide sufficient space before the menu board to accommodate at least five (5) waiting vehicles and at least eight (8) waiting vehicles between the menu board and the drive-up window. The drive lane shall be a minimum of twelve feet (12') in width.

2. The queuing lane shall not block any parking space or any portion of a traffic lane.

3. The Director may modify the dimensional requirements of this subsection through the conditional use permit process.

G. Menu and preview boards. Menu boards and preview boards may only be installed in compliance with all of the requirements in Section 9.34.140.

H. Prevention of headlight glare. Each drive-through aisle shall be appropriately screened with three-foot (3') high decorative masonry wall. A combination of landscaping, low walls, and/or berms maintained at a height of three feet (3') to prevent headlight glare from impacting adjacent streets and parking lots may be considered during the conditional use permit process.

I. Wall required when adjoining residential uses. A minimum six-foot (6') high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the review and approval of the Director. A minimum five-foot (5') deep landscaping strip shall be provided between the wall and any driveway. (§ 2, Ord. 14-13, eff. October 8, 2014)

9.40.100 Group housing.

This section provides definitions, standards, allowable locations, and permit requirements for group housing facilities. The allowable locations and permit requirements are specified in each category.

A. Alcohol and drug treatment facility.

1. An “alcohol and drug treatment facility” is defined as any premises, place or building that provides care, services, or treatment in a community residential setting for two (2) or more persons, not a family, in exchange for monetary or nonmonetary consideration, who are recovering from alcohol, substance or drug related abuse, and who need drug or alcohol recovery treatment or detoxification services.

2. Any person or entity desiring to operate an alcohol and drug treatment facility in the City shall obtain a license from the State of California.

3. The number of adult residents that receive recovery, treatment or detoxification services at any one time cannot be greater than the total occupancy of the facility as determined by the fire safety inspector.

4. Alcohol and drug treatment facilities shall be allowed as follows:

(a) Six (6) or fewer persons, permitted in any residential zone district. Site plan review and approval is required for all residential zone districts except single-family.

(b) Seven (7) or more persons, permitted in the R-3 Residential District and C-2 Community Commercial District with a conditional use permit and site plan review.

B. Domestic violence shelter.

1. A “domestic violence shelter” is defined as a facility designed to house more than six (6) persons, which provides temporary housing and services on a twenty-four (24) hour basis for victims of domestic violence and their families.

a. Small domestic violence shelters are described as facilities of no more than five thousand (5,000) square feet in size, designed to house no more than thirty (30) persons, and which house no more than thirty (30) persons, including staff that lives on site. The square footage shall be calculated by considering all habitable space.

b. Large domestic violence shelters are described as a facility in excess of five thousand (5,000) square feet or which have the capacity to house more than thirty (30) persons, including staff that lives on site. The square footage shall be calculated by considering all habitable space.

2. Occupancy provisions.

a. No more than thirty (30) adult residents, not including staff, shall be allowed at one time, if the shelter is located on a parcel of land of less than two (2) acres.

b. There is no maximum occupancy for shelters located on parcels of land of two (2) acres or more.

3. Off-street parking.

a. The number of required parking spaces, plus adequate access, shall be determined by the Director or through the conditional use permit process for each shelter, in an amount adequate to prevent excessive on-street parking, and with relevant factors (e.g., the number of adult beds to be provided by the shelter, the anticipated number of employees on the largest shift, and the distance from the closest transit stop) taken into consideration.

b. The number of required spaces shall not be less than the number of spaces required for an adult residential facility identified by Chapter 32 of this title (Parking and Loading Standards).

c. The required parking may be located off site, but within five hundred feet (500') of the exterior boundary of the parcel on which the shelter is located.

4. Land use compatibility. The land uses and developments in the immediate vicinity of the shelter shall not constitute an immediate or potential hazard to occupants of the shelter.

5. Domestic violence shelters shall be allowed as follows:

(a) Small domestic violence shelters, in all residential zone districts with an administrative use permit and site plan review.

(b) Large domestic violence shelters, in all residential zone districts with a conditional use permit and site plan review.

C. Group care home.

1. “Group care home” means any home or facility not defined in this section or elsewhere in this chapter pertaining to zoning, and involving any living situation including motels and hotel buildings that are not for temporary use, which accommodates two (2) or more individuals who are not members of a family and where support services are provided to the occupants; where cooking, living or support sanitary facilities are shared in common between the occupants; or where there is a formal program, established rules of conduct, and purpose of the facility. A group home may be a facility licensed by the State of California or an unlicensed facility.

2. Group care homes shall be allowed as follows:

(a) Six (6) or fewer persons with a State license, permitted in any residential zone district. Site plan review and approval is required for all residential zone districts except single-family.

(b) Seven (7) or more persons and non-State licensed, permitted in the R-3 Residential District with a conditional use permit.

D. Homeless emergency shelter.

1. A homeless emergency shelter is defined as public or private building which provides immediate, short-term shelter that may involve supplemental services for more than six (6) homeless individuals or family members without compensation.

2. Homeless emergency shelters shall be allowed as follows:

(a) Seven (7) or more persons, permitted in the R-3 Residential District with a conditional use permit and site plan review and permitted in the C-2 Community Commercial District with site plan review.

E. Parolee/probationer home.

1. A “parolee/probationer home” is defined as any premises, place or building, whether owned and/or operated by an individual or a for-profit or nonprofit entity, which houses two (2) or more parolees/probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee/probationer and/or any public or private entity or person on behalf of the parolee/probationer excluding parolees/probationers who reside in a sober living home as defined in this section.

a. “Parolee” means any individual:

(1) Convicted of a Federal crime, sentenced to a United States Federal prison, and received conditional and revocable release in the community under the supervision of a Federal probation or parole officer; or

(2) Who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody as defined by State Penal Code Section 3000, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; or

(3) An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or

(4) Who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any Federal, State, or County parole or probation officer. For purposes of this section, “felony” means a felony as defined by any California or United States statute.

b. “Probationer” means any adult or juvenile individual who has been convicted of a felony or misdemeanor and who has received a suspension in the imposition or execution of their sentence and has received conditional and revocable release in the community under the supervision of a probation officer, as provided under California Penal Code Section 1203 or any successor provision thereof, or any equivalent Federal or non-California State statute.

2. Parolee/probationer homes shall be subject to the following regulations:

a. Permit required. Any person or entity desiring to operate a parolee/probationer home in the City shall obtain a parolee/probationer home permit from the Department of Planning and Development Services. The application for the permit shall be processed in the same manner and subject to the same fees as a conditional use permit and shall include the following additional information:

(1) Client profile (including the subgroup of the population the facility is intended to serve such as single men, families, etc.);

(2) Maximum number of occupants and hours of facility operation;

(3) Term of client stay;

(4) Support services to be provided on site and projected staffing levels; and

(5) Rules of conduct and/or management plan.

b. Location standards. In addition to any site plan review requirements, the following location standards shall apply:

(1) The facility shall be located along or near a major arterial with ready access to public transportation.

(2) The facility shall be accessible to necessary support services.

(3) To avoid over-concentration of parolee/probationer homes, there shall be a two-thousand-five hundred-foot (2,500') separation requirement between parolee/probationer homes as measured from the nearest outside building walls between the subject use and any other parolee/probationer housing.

(4) A parolee/probationer home shall not be located within one thousand feet (1,000') of any other group housing, assisted living facility, a public or private school (preschool through twelfth grade), university, college, student housing, senior housing, day care home and/or center, public park, library, business licensed for on- or off-site sales of alcoholic beverages as measured from any point on the outside walls of the parolee/probationer home to the nearest property line of the noted use.

c. Operation and development standards.

(1) Sufficient on-site parking shall be provided in accordance with Section 9.32.030. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal.

(2) Both indoor and outdoor common areas shall be provided on site.

(3) All setback and property development standards of the underlying zone shall be met.

(4) On-site staff supervision shall be required during all hours of facility operation.

(5) Individual client stays shall not exceed one hundred eighty (180) days.

(6) The facility’s management shall participate in any formal residential crime prevention program provided by the City and as required under the site plan review. If the program offers certification, then that certification shall be obtained and maintained in current status.

d. Permit conditions. Conditions may be imposed on the permit in the same manner as a conditional use permit and as necessary to ensure the establishment of the facility shall not result in harm to the health, safety or general welfare of the surrounding neighborhood.

e. Special noticing requirements. All property owners within two thousand feet (2,000') of the proposed facility, as measured from the subject property lines, shall be notified of the proposed discretionary permit.

f. Existing facilities require a permit. All parolee/probationer homes existing at the time the ordinance codified in this title takes effect shall be deemed nonconforming and shall comply with the terms of the ordinance codified in this title within one hundred twenty (120) days, including the obtainment of a permit within that time limit. Any existing parolee/probationer housing that has not complied with these requirements is in violation of this chapter and is subject to appropriate code enforcement action.

g. Change in operating conditions. Any change in operating conditions from what was originally approved and imposed by the City, including, but not limited to, number of occupants or parolees/probationers, or any modifications to the conditions of approval pursuant to the required permit shall require the immediate submittal of a request for revision of the required permit.

h. Abandonment of use. An existing parolee/probationer home established pursuant to any permit discontinued for any period of time is deemed abandoned. Any subsequent establishment of a parolee/probationer home shall be required to first obtain a new parolee/probationer home permit.

i. Hotels/motels. Notwithstanding any other provision, hotels and motels with fourteen (14) rooms or less cannot provide transient lodging services or accommodations to more than three (3) parolees during any thirty (30) consecutive-day period regardless of the length of their respective stays; and hotels and motels with fifteen (15) rooms or more cannot provide transient lodging services or accommodations to more than five (5) parolees during any thirty (30) consecutive-day period regardless of the length of their respective stays.

j. Nonexclusive regulations. The regulations set forth in this section are intended to be in addition to any other regulations currently applicable to the proposed parolee/probationer home, and unless otherwise specifically provided, shall not be deemed to repeal or amend any other provisions of the Clovis Municipal Code or City zoning ordinances which are applicable to the parolee/probationer home, nor be deemed to excuse noncompliance with any such other provisions. If there is a conflict between this section and any other regulation so that both the regulation and the provisions of this section cannot be complied with, the provisions of this section shall control.

3. Parolee/probationer homes shall be allowed as follows:

(a) Permitted in the R-3 Residential District with a conditional use permit and site plan review.

F. (Repealed by § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)

G. Sober living home.

1. A “sober living home” is defined as the use of a residential dwelling structure or unit for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism, drug and/or substance addiction, or alcohol, substance and/or drug abuse, who seek a living environment in which to remain clean and sober; and which demonstrates each of the identifying characteristics below that shall serve to distinguish the sober living home, as a use of residential property, from similar land uses such as alcohol and drug treatment facilities or community care facilities that are subject to State licensing requirements and from all other uses of residential property.

2. The following are the identifying characteristics of a sober living home:

a. All residents, including live-in managers, live-in operators, or live-in owners, are recovering from alcohol and/or drug abuse;

b. All residents actively participate in legitimate programs including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance;

c. All owners, managers, operators, and residents observe and promote a “zero tolerance” policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision;

d. There is a written policy dealing with the use of drugs or alcohol;

e. Owners, operators, managers and residents do not provide on site any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations:

(1) Detoxification;

(2) Educational counseling;

(3) Individual or group counseling sessions;

(4) Treatment or recovery planning;

f. The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5, and does not violate the distance provisions set forth in Penal Code Sections 3003, 3003.5 or any applicable City or County ordinance;

g. Residents do not require nonmedical care and/or supervision as those terms are defined at Health and Safety Code Section 1503.5 and Section 80001(c)(3) of Title 22 of the California Code of Regulations;

h. The operators and/or residents maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug programs;

i. Owners, managers, operators, and residents ensure that the property and its use comply with all applicable Federal, State and local laws, rules, and regulations; and

j. The maximum number of residents does not exceed applicable building, fire, and other health, safety, and welfare codes.

3. A group home not meeting the characteristics of a sober living home shall not be considered a sober living home.

4. Sober living homes shall be allowed as follows:

(a) Six (6) or fewer persons, permitted in any residential zone district; provided, however, that the sober living home must be located in a single-family dwelling regardless of the underlying zone district.

(b) Seven (7) or more persons but less than seventeen (17) persons, permitted in the R-3 Residential District and C-2 Community Commercial District with site plan review.

(c) Seventeen (17) or more persons, permitted in the R-3 Residential District, C-P Administrative/Professional Office Commercial District, and C-2 Commercial District with a conditional use permit and site plan review.

H. Supportive housing.

1. “Supportive housing” is defined as housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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. For the purposes of this definition, “target population” is defined as persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

2. Supportive housing shall be allowed as follows:

(a) Permitted in any residential zone district subject to the same permit requirements of other residential uses of the same type in the same zone district. Permitted uses in single-family zone districts shall not change the residential character of the single-family zone district.

I. Transitional housing.

1. “Transitional housing” is defined as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

2. Transitional housing shall be allowed as follows:

J. Business license and home occupation permit requirements for all group housing.

1. All group housing situations set forth in this section operating as a business shall obtain and maintain a current business license from the City. All group housing situations operating in a single-family home or individual rental unit or structure used for dwelling purposes shall obtain a home occupation permit from the City.

K. Separation requirements for group housing.

1. Any group housing situation defined in this chapter shall be located at least one thousand feet (1,000') from any other group housing situation unless more restrictive requirements are specified in this chapter, elsewhere in the Municipal Code, or other Federal, State or local law. The distance shall be measured in a straight line, without regard to intervening structures, as a radius from the nearest property lines.

2. This requirement shall not apply to State licensed facilities housing six (6) or fewer persons or when otherwise preempted by State or Federal law.

L. Reasonable accommodation. The City will consider owner requests to deviate from the requirements of this section when necessary to reasonably accommodate the group housing situation in accordance with the Americans with Disabilities Act, Federal Fair Housing Act, and California Fair Employment and Housing Act. Requests shall be made in accordance with the provisions of Chapter 94 of this title.

M. Judicial review.

1. Judicial review of a decision made under this section may be held 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 ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6 which shall be applicable for such actions. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 2), Ord. 16-07, eff. May 4, 2016; § 1 (Att. 3), Ord. 18-19, eff. September 5, 2018)

9.40.110 Meat packing and processing.

This section provides developmental and operational standards for meat packing and processing facilities, where allowed by Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Prohibited activities. There shall be no bleeding, eviscerating, killing, or skinning of animals or animal carcasses.

B. Lard rendering facilities. Lard rendering facilities shall be located within completely enclosed cookers.

C. Smoke curing. Smoke curing shall be done within self-contained units with a recirculation system between the generator and smokehouse. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.120)

9.40.120 Mini-storage facility standards.

This section provides developmental and operational standards for the establishment of mini-storage (aka personal or self storage) facilities in any zoning districts where they are allowed in compliance with the provisions of Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Conditional use permit required. Mini-storage facilities are allowed in zoning districts per Tables 2-2, 2-4 and 2-6 in Allowable Land Uses, subject to the approval of a conditional use permit in compliance with Chapter 64 of this title. A mini-storage facility shall be subject to the zone-driven development standards of the zoning district in which it is located, with the following exceptions:

B. Parcel coverage. There shall be no maximum parcel coverage requirements.

C. Setbacks. No side or rear setback shall be required, unless the Commission recommends, and the Council determines, that a setback up to the amount specified in the subject zoning district along one or more property lines is essential and desirable for the public welfare and convenience.

D. Perimeter wall. A decorative solid masonry wall shall be provided around the entire perimeter of the facility. The wall shall be no less than eight feet (8') in height or more than eleven feet (11') in height when adjacent to a residential zoning district.

1. The walls of the storage structures may serve as required perimeter walls; and

2. The exterior face of any structure or wall located along the perimeter of the premises shall be architecturally compatible with existing or proposed uses on surrounding properties.

E. Outdoor storage. A portion of a mini-storage facility may be utilized for the outdoor storage of automobiles, boats, other motor vehicles, and recreational vehicles, subject to the following requirements:

1. The surface of the outdoor storage area shall be improved with gravel, crushed rock, oil-dirt, or similar substance to control dust.

2. The outdoor storage area is completely surrounded by structures or walls which visually obscure the area from surrounding properties.

3. The outdoor storage area shall be exempt from normal parking lot standards and no curbing, landscaping, lighting, or similar requirements shall be required.

F. Signs. Signs shall be in compliance with the subject zoning district, except in single-family residential zoning districts which shall be allowed one monument sign for each street frontage in compliance with the multifamily residential zoning district standards.

G. Manager/caretaker quarters. Residential quarters for a manager or caretaker may be provided in the development, consisting of a single-family residence located on or adjacent to the same property on which the storage units are located and the residence is occupied by one or more persons charged with the care and operation of the storage facility as compensation for services provided without the payment of rent or other consideration.

H. Parking.

1. Off-street parking improvements shall be provided in compliance with Chapter 32 of this title (Parking and Loading Standards).

2. The general requirement for off-street parking shall be ten (10) parking spaces (unless a greater number is determined as part of the conditional use permit), plus one parking space in a garage or carport for the caretaker’s residence. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.130)

9.40.130 Outdoor dining and seating areas.

This section provides developmental and operational standards for outdoor dining and seating areas located on private properties which are allowed subject to the approval of a site plan review, in compliance with Chapter 56 of this title and all of the following standards:

A. Alcoholic beverage sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control and the Police Department, shall require approval of an administrative use permit for outdoor retail sales and activities, in compliance with Chapter 62 of this title (Administrative Use Permits), or shall be subject to approval of a conditional use permit, in compliance with Chapter 64 of this title (Conditional Use Permits), as required in Table 2-4 of this title.

B. Parking requirements. Outdoor dining and seating areas parking requirements shall be calculated in compliance with Chapter 32 of this title (Parking and Loading Standards) for restaurants. Any dining or seating area within the public right-of-way shall be included for purposes of calculating the required number of parking spaces.

C. Cleanup facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate cleanup facilities, and associated procedures, in the following manner:

1. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items; and

2. Waste receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

D. Compatibility. To ensure compatibility with surrounding uses and a high standard of quality, the following standards shall apply:

1. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements that are visible from public rights-of-way shall be compatible with the character of the main structure(s);

2. Entertainment. Outdoor dining and seating areas in commercial zoning districts that provide dancing, entertainment, or amplified music shall comply with the noise standards in Section 9.22.080 (Noise), and shall be subject to approval of a conditional use permit in compliance with Chapter 64 of this title, and may require an entertainment permit per Chapter 5 of Title 5;

3. Pedestrian experience. The use of awnings, plants, umbrellas, and other human scale elements is encouraged to enhance the pedestrian experience;

4. Potential impacts. Outdoor dining and seating areas and their relation to hospitals, places of assembly, public schools, and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise; and

5. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.140)

9.40.140 Outdoor display and sales.

This section provides developmental and operational standards for outdoor uses, including temporary outdoor display and sales in compliance with subsection A of this section (Temporary outdoor displays and sales), and permanent outdoor display and sales in compliance with subsection B of this section (Permanent outdoor displays and sales). Outdoor uses on public property or within the public right-of-way shall require an encroachment permit. Temporary outdoor displays and sales shall comply with all applicable permits and all of the following standards:

A. Temporary outdoor displays and sales. Temporary outdoor displays and sales may be allowed subject to the requirements and approval of a temporary use permit, in compliance with Chapter 60 of this title and all of the following standards:

1. Fixed period of time. The permit shall identify a fixed period of time for the display or sale, or where not identified, the display or sale shall not exceed two (2) days for a temporary event;

2. Nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration shall be required;

3. Operating hours. The permit shall regulate operating hours and days;

4. Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, shall be provided in compliance with Chapter 32 of this title (Parking and Loading Standards);

5. Performance bond. Submission of a performance bond or other surety measures, satisfactory to the Director, may be required to ensure that any temporary facilities or structures used would be removed from the site within five (5) calendar days following the termination of the event, and to ensure that the property would be cleaned of debris and litter so as to be completely free of all evidence of the temporary activity;

6. Sanitary facilities. Sanitary facilities, as identified in the permit, shall be provided;

7. Security. Provisions for security and safety measures, as identified in the permit, shall be provided;

8. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and a safe environment for pedestrians and vehicles;

9. Signs. Signs may be provided in compliance with Chapter 34 of this title (Signs);

10. Temporary structures. Regulation of temporary structures and facilities shall be required, including location, height and size, and location of equipment and open spaces, including buffer areas;

11. Waste collection and disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided; and

12. Other conditions. Any other conditions that would ensure the operation of the proposed temporary event in an orderly and efficient manner shall be required.

B. Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise shall require an administrative use permit and comply with all applicable permits and all of the following standards:

1. Height of displayed materials. The outdoor display of merchandise shall not exceed a height of six feet (6') above finished grade;

2. Location of merchandise.

a. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking or loading spaces, or pedestrian walkways.

b. Displays shall not obstruct traffic sight areas or otherwise create hazards for vehicle or pedestrian traffic;

3. Relationship to main use. The outdoor display and sales areas shall be directly related to a business occupying a primary structure on the subject parcel;

4. Screening required. Outdoor display and sales areas shall be screened from adjacent public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Section 9.24.090 (Screening and buffering). This requirement shall not apply to:

a. Plant nurseries;

b. Vehicle, boat, motorcycle, or recreational vehicle sales;

c. Limited on-site walkway displays adjacent to commercial development greater than fifty thousand (50,000) square feet; or

d. Outdoor displays of tires for sale shall be allowed; provided, the display does not exceed forty-two inches (42") in height and is no more than a total of forty (40) linear feet in length;

5. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales areas;

6. Operating hours. The hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m., if located within three hundred feet (300') of a residential zoning district, or as identified in a permit;

7. Waste collection and disposal. Solid, hazardous, and toxic waste collection, recycling, and/or disposal shall be provided; and

8. Other conditions. Any other conditions that would ensure that the proposed use will be operated in an orderly and efficient manner shall be required.

C. Sidewalk permits. Sidewalk permits are allowed in the PBIA area consistent with the policy adopted by the City Council. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.150)

9.40.150 Public utilities and services.

The following procedures shall apply to all public utilities and service installations.

A. Allowed uses. The provisions of this section shall not be construed as to limit or interfere with the construction, installation, operation, and maintenance of any use coming under the jurisdiction of the State Public Utilities Commission, which uses are related to the public utility purposes of electric light and power distribution and transmission lines, gas and water conduits, pipes, and mains, pole-mounted repeaters, sewers and sewer mains, telegraph and telephone lines, or telephone booths (except in the residential zoning districts), except as provided for in subsection B of this section.

B. Director’s review of utility towers. The routes of proposed electric transmission lines shall be submitted to the Director for review and recommendation. The Director shall confine review to the height, placement, and route of the towers and their effect on neighboring land uses.

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

a. The source of the energy to a receiving substation; or

b. A receiving substation to a distribution substation.

2. Before the acquisition of rights-of-way, the following plans and information shall be submitted to the Director for review and recommendation:

a. The location of the proposed route;

b. The type of towers and transmission lines;

c. The approximate height of the towers;

d. The width of the rights-of-way; and

e. Other pertinent data.

3. The Director may, when in the public interest, recommend a modification(s) as deemed necessary to protect the public health, safety, and welfare.

4. The Director shall complete review and make appropriate findings within thirty (30) days after the filing of the plans and accompanying data.

C. Appeal from Director’s recommendation.

1. The recommendation of the Director may be appealed to the Commission within fifteen (15) days of the completion of the review and findings.

2. The appeal shall be placed on the agenda of the Commission’s next regular meeting.

3. The Commission shall review the findings and recommendation of the Director and shall make its decision within fifteen (15) days of the review, in compliance with Chapter 90 of this title (Appeals).

D. Appeal from the Commission’s recommendation.

1. The recommendation of the Commission may be appealed to the Council within fifteen (15) days of the completion of the review and findings.

2. The appeal shall be placed on the agenda of the Council’s next regular meeting.

3. The Council shall review the findings and recommendation of the Commission and shall make its decision within fifteen (15) days of the review, in compliance with Chapter 90 of this title (Appeals).

4. The decision of the Council shall be final. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.160)

9.40.160 Recycling facilities.

This section provides developmental and operational standards for various types and sizes of recycling facilities (e.g., reverse vending machine(s), small collection facilities, large collection facilities, and processing facilities), in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), which shall be subject to the following criteria and standards:

A. Permit requirements. Recycling facilities are subject to permit review/approval in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); provided, the following standards are met:

B. Developmental and operational standards. Recycling facilities shall comply with the following standards:

1. Reverse vending machine(s). Reverse vending machine(s) shall be allowed in compliance with all of the following standards:

a. The machines shall be installed as an accessory use in compliance with the applicable provisions of this Development Code, and shall not require additional parking.

b. If located inside of a structure, the machines shall be within thirty feet (30') of the entrance and shall not obstruct pedestrian circulation.

c. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s).

d. The machines shall not exceed a floor or ground area of fifty (50) square feet for each installation, including any protective enclosure, nor eight feet (8') in height.

e. The machines shall have a maximum sign area of four (4) square feet for each machine, exclusive of operating instructions.

f. The machines shall have operating hours which are consistent with the operating hours of the main use.

g. The area in front of the machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

2. Small collection facilities. Small collection facilities shall be allowed in compliance with all of the following standards:

a. The facility shall not exceed a floor or ground area of three hundred fifty (350) square feet nor three (3) parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

b. The facility shall not use power-driven processing equipment, except for reverse vending machines.

c. The facility shall not be located within fifty feet (50') of any parcel zoned or occupied for residential use.

d. The facility shall be set back at least ten feet (10') from any public right-of-way, and not obstruct vehicular or pedestrian circulation.

e. The facility shall accept only glass, metal, or plastic containers, paper, and reusable items.

f. The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

g. Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location.

h. Signs may be provided as follows:

(1) Recycling facilities may have identification signs with a maximum area of fifteen percent (15%) for each side of the structure or twelve (12) square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.

(2) Signs shall be both compatible and harmonious with the character of their location.

(3) Directional signs without advertising messages may be installed with the approval of the Director.

i. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use.

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

k. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use, unless the Director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.

l. All structures shall architecturally integrate with the main structures on the same lot. Cargo containers shall not be used for structures unless architecturally treated per the City’s adopted commercial design guidelines.

3. Large collection facilities. Large collection facilities, which are larger than three hundred fifty (350) square feet of floor or ground area, or located on a separate parcel not accessory to a main use, are allowed in the M-1 and M-2 Districts in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), subject to site plan review, in compliance with Chapter 56 of this title and all of the following standards:

a. The facility shall not abut a parcel zoned or occupied for residential use.

b. The facility shall be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.

c. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

e. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

f. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least one hundred feet (100') from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

g. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

4. Processing facilities. Processing facilities shall be allowed, subject to conditional use permit and site plan review, in compliance with Chapter 56 of this title and all of the following standards:

a. The facility shall not abut a parcel zoned or occupied for residential use.

b. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.

c. A light processing facility shall not exceed forty-five thousand (45,000) square feet of floor or ground area, may have up to an average of two (2) outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers.

d. A heavy processor may exceed forty-five thousand (45,000) square feet of floor or ground area and two (2) outbound truck shipments each day, and may perform those functions not allowed at light processing facilities identified in subsection (B)(4)(c) of this section.

e. The facility shall be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.

f. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.

g. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least one hundred feet (100') from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.

h. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.170)

9.40.170 Right to farm.

This section provides the City’s policy regarding the “right to farm” and contains a subdivider’s and owner’s disclosure statement which acknowledges the subdivider’s and owner’s understanding of the presence of the adjoining agricultural use and the City’s policy regarding its right to continue.

A. Policy of the City.

1. It is the declared policy of the City of Clovis to preserve, protect, and encourage development of its agricultural land consistent with the California Civil Code Section 3482.5 which provides that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three (3) years if it was not a nuisance at the time it began.

2. This policy applies to normally acceptable agricultural operations, as defined in the California Civil Code Section 3482.5, and shall not apply if the agricultural activity, operation, facility, or appurtenances thereof obstruct the free passage or use, in the customary manner, of any public park, square, street, or highway.

3. This policy shall not invalidate any provision contained in the Fish and Game Code, Food and Agricultural Code, Health and Safety Code, or Water Code Division 7 (commencing with Section 13000), if the agricultural activity, operation, facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions.

B. Covenant. If a subdivision is at any point within three hundred feet (300') of land zoned for agricultural uses, the approval of the tentative and final subdivision map or parcel map shall be conditional upon the recordation with the County Recorder of a right-to-farm covenant acknowledging, accepting and complying with this section, in substantially the following wording or similar form:

The undersigned in consideration of recordation of said subdivision by the City of Clovis, do hereby covenant and agree with the declared policy of the City of Clovis (Right-to-Farm Ordinance) to preserve, protect, and encourage development of its agricultural land consistent with the California Civil Code Section 3482.5 which provides that no agricultural activity, operation, or facility, or appurtenances thereof, as defined in the code, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began; that the described property is in or near agricultural districts and that the residents of the property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. This covenant shall run with the land and be binding upon all future owners, heirs, successors, and assigns to the property.

(§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.180)

9.40.180 Vehicle service station standards.

This section provides locational, developmental, and operational standards for vehicle service stations (self-serve, truck, and motor vehicle), including new service stations in compliance with subsection B of this section (Developmental and operational standards for new service stations), and existing service stations in compliance with subsection C of this section (Developmental and operational standards for existing service stations).

A. Conditional use permit required. Vehicle service stations shall be allowed by a conditional use permit in compliance with Chapter 64 of this title, and subject to all of the provisions of the applicable zoning district.

B. Developmental and operational standards for new service stations. New vehicle service stations shall be located in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and shall comply with the following standards, in addition to the standards identified in subsection C of this section (Developmental and operational standards for existing service stations), except for subsection (C)(19) of this section.

1. Driveway approaches shall not be located closer than two hundred fifty feet (250') from the projected intersection of the two (2) curb lines along the street frontages, or as approved by the City Engineer.

2. The Director shall review and make recommendations regarding proper and safe circulation for the patrons and the traveling public which may include:

a. Number of vehicle spaces in the queuing/waiting line(s);

b. Limiting on-street parking;

c. Visibility for safe sight distance for ingress and egress; and

d. Design of parking lots, etc.

3. All structures, except canopies, shall be set back a minimum of twenty feet (20') from any street property line and fifteen feet (15') from any interior property line.

4. Canopies shall have the following minimum setbacks unless the zoning district requires a greater setback:

a. Detached canopies shall not project closer than five feet (5') from any property line; and

b. Canopies attached to the main structure shall not project closer than eight feet (8') from any property line.

5. Gasoline pumps or other dispensing facilities.

a. Shall be set back a minimum of twelve feet (12') from the property line.

b. If the pumps, or the island upon which the pumps are located, are set in a perpendicular position to any street or property line, or if the pumps or islands are at any other position than parallel to a property line, the setback shall be a minimum of twenty feet (20'), so that all vehicular traffic by the pumps shall be far enough away from the property line so that there would be no hazard to pedestrians walking or traveling upon the sidewalk adjacent to the subject property.

c. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.

d. Pump island aisles shall have a minimum width of twelve feet (12'). Pump island aisles shall not be counted as parking for meeting site parking requirements.

6. Structure design shall be compatible with the neighborhood or surrounding area of the subject site and shall not be detrimental to property values in the area.

a. The structure shall conform to the exterior architectural design of other structures in the surrounding area.

7. The entire ground area of the site, except for structures and planting areas, shall be paved with concrete or asphaltic concrete paving to standards established by the City Engineer and Building Division.

8. Drainage flow lines shall be shown on the site plan and, if drainage is to the street, water shall be carried under sidewalks in a manner approved by the City Engineer.

9. Fill pipes for underground fuel storage tanks shall be located at least fifteen feet (15') from any property line, or further if required by the City Fire Code.

10. Refuse and recyclable material structures and storage areas shall be in compliance with Section 9.24.110 (Solid waste/recyclable materials storage).

11. Landscaping shall comprise a minimum of ten percent (10%) of the station site and shall be provided and permanently maintained in compliance with Chapter 28 of this title (Landscaping Standards), and the following regulations:

a. A minimum ten-foot (10') wide (inside dimension) and six-inch (6") high curbed landscaped planter area shall be provided along all street frontages, except for driveway areas, and alongside any rear property lines adjoining residentially zoned properties. Trees shall be provided in the landscaped areas adjoining residentially zoned properties at a minimum rate of one tree for each twenty (20) lineal feet of planter area;

b. An on-site planter area of not less than two hundred (200) square feet shall be provided at the corner of two (2) intersecting streets. Landscaping shall not exceed a height of three feet (3') at this location;

c. In a reverse station design, the entire area between the back of the main structure and street intersection corner shall be provided in planters of not less than ten feet (10') in width (inside dimension) to be placed along interior property lines and around the perimeter of the structure;

d. All planters shall be equipped with a permanent irrigation system in compliance with Chapter 28 of this title (Landscaping Standards);

e. Planting materials with low heights (e.g., shrubs and groundcovers) shall not be allowed to achieve a height of more than three feet (3'), not be of a spiked or thorny type, and be maintained to prevent drooping over the perimeters of the planter when located adjoining public rights-of-way;

f. Plants achieving a greater height shall be required along interior property lines, but shall be reduced to a height of not more than three feet (3') where access is allowed to an adjoining shopping center or alley for a minimum distance of two feet (2') from the entrance;

g. Trees shall be planted in all planters, except in the planter at the corner intersection, subject to the approval of the Director. The trees shall be planted at a maximum distance of thirty feet (30') apart, unless an alternate plan, which yields a similar effect, is approved by the Director;

h. All trees and plantings shall be maintained by the operator of the station in compliance with Chapter 28 of this title (Landscaping Standards); and

i. Additional landscaping may be required by the Director to screen the station from adjoining properties.

12. All exterior light sources, including canopy, flood, and perimeter, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light, including glare or reflections, is directed away from adjoining properties and public rights-of-way, in compliance with Section 9.22.050 (Exterior light and glare).

13. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a residential development or zoning district.

14. Screening and buffering of stations.

a. A station which adjoins property in a residential zoning district shall provide a six-foot (6') high solid decorative masonry wall along the common property line, except immediately adjacent to the front setback of any residential use next to the station, in which case the maximum height shall be three feet (3'), except in locations where an existing structure is situated on the property line(s) of the site.

b. The wall shall be compatible with on-site development and adjoining properties, subject to the review and approval of the Director.

c. The wall shall be constructed before or at the same time as the main structure.

d. Walls shall not be required separating a station use from another commercial use. In the case of a station being located adjacent to a shopping center area or an alley, a four-foot (4') wide planter shall be required separating the station from the shopping center area or alley, in compliance with Chapter 28 of this title (Landscaping Standards).

e. Openings in the planter may be made to allow access to and from the adjoining shopping center area. The openings may only be allowed upon review and approval by the City Engineer to ensure against the creation of traffic hazard(s).

f. A fuel service station where the fueling operations are adjacent to the streets, a three-foot (3') high decorative masonry wall shall be placed to screen vehicle lights from street traffic. A combination of a low wall and landscaping may be considered during the conditional use permit process.

15. All on-site utilities, including electric and telephone, shall be placed underground.

16. The station shall meet or exceed all applicable provisions of the City Fire Code.

17. The applicable review authority may require other standards or criteria it deems to be reasonable and necessary to protect the public convenience, health, interest, safety, or general welfare of the surrounding neighborhood.

18. All of the following findings shall be made, in addition to those identified in Section 9.64.050 (Findings and Decision), to approve a conditional use permit:

a. The proposed station is compatible with existing commercial development and the surrounding residential neighborhood;

b. The proposed structure and site are adequate to accommodate the proposed use and the design of the facility would ensure that a minimum of conflict would occur with surrounding uses; and

c. The proposed station would comply with the development standards, conditions, and restrictions identified in this section.

C. Developmental and operational standards for existing service stations. An existing vehicle service station shall comply with all of the following standards:

1. The modification or expansion of a station on an existing site with less dimensions than those identified in subsection B of this section (Developmental and operational standards for new service stations) would not be prohibited by the provisions of this section.

2. Any request to modify or enlarge an existing station by increasing the existing floor area by twenty-five percent (25%) or more shall require full compliance with this section, specifically both subsections B and C of this section.

3. All activities and operations (e.g., display and sales, etc.) shall be conducted entirely within an enclosed structure with the following exceptions, but only if approved by a site plan review, in compliance with Chapter 56 of this title:

a. The dispensing of petroleum products, air, and water from pump islands; and

b. The display and sale of items.

(1) Open racks or unenclosed stacks of merchandise shall not be allowed on a pump island.

(2) Vending machines shall be placed next to the main structure in a designated area not to exceed thirty-two (32) square feet, and shall be screened from public view.

(3) Other retail products may be displayed outside of the main structure. However, these products shall not be located at random, but shall be enclosed in a movable display rack or structure that can be opened for customer viewing. These displays shall be confined to an area within five feet (5') of the main structure, and not exceed a total of thirty-two (32) square feet.

4. Outdoor storage of vehicles not capable of moving under their own power (e.g., disabled or junk vehicles) shall not be allowed on any station site for longer than forty-eight (48) hours.

5. All vehicle repair work shall be conducted within an enclosed structure, in a manner that shall not create a disturbance or become a nuisance to the adjoining properties. Outdoor vehicle repair work is prohibited.

6. Minor repair work or vehicle servicing shall be allowed, but only when performed entirely within an enclosed structure. Minor repair or vehicle servicing is defined as any of the following activities:

a. The retail sale of batteries, oil, tires, and new accessories;

b. Battery services, charging, and replacement, but not including repairs or rebuilding;

c. Brake adjustments, replacement of brake cylinders, brake fluid lines, brake pads and/or shoes, and brake rotors and/or drums;

d. Front end and wheel alignment when located within an enclosed structure. This shall not include the straightening of automobile frames;

e. Incidental waxing and polishing;

f. Radiator cleaning and flushing, but not including repairs or steam cleaning;

g. Tire changing and repairing (but not including recapping);

h. Vehicle washing, not including mechanical car washing or steam cleaning;

i. The installation of minor accessories;

j. The lubrication of motor vehicles; and

k. The testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, fuel pumps, generators/alternators, points, spark plugs, voltage regulators, water hoses, and wheel balancing.

7. “Major repair” is defined as any extensive disassembly, repair, or replacement of drive train components (e.g., clutch, differential, engine, and transmission). Open flame welding, use of flammable liquids, body, frame and fender repair, painting, or upholstery work shall also be considered major repair work. Major repair work shall be prohibited.

8. All restroom entrances shall be screened from view of adjoining properties or public rights-of-way by solid or louvered material, decorative screening, or planters, subject to the review and approval of the Director.

9. Noise from bells, loudspeakers, or tools shall be in compliance with Section 9.22.080 (Noise) and shall not be audible from residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays.

10. Spaces for the parking of vehicles on a station site shall be provided in compliance with Chapter 32 of this title (Parking and Loading Standards). The following vehicles may be parked on site:

a. Vehicles which are in the process of being serviced;

b. Vehicles belonging to employees of the station; and

c. No more than two (2) trucks, other than rental trucks, when used by the business except when allowed by the Police Department for tow truck service to the City.

11. Regular parking of up to four (4) tow trucks and temporary overnight parking for customers’ trucks may only be allowed in larger super stations. Additional landscaping shall be required because of the increased parking on site.

12. Parking is prohibited where it would impede the view of traffic in the public streets. A “diagonal” shall be drawn from the inside edge of the two (2) corner curb cuts, and no parking or commercial activities shall be allowed in the area between the diagonal and the intersection.

13. Vehicles shall not be used as an on-site residence nor shall they be parked on:

a. Alleys, driveways, parkways, or sidewalks;

b. The premises for the purpose of vehicular sales; or

c. Site for service or repair for longer than forty-eight (48) hours.

14. All on-site signs shall be in compliance with Chapter 34 of this title (Signs).

15. Stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department.

16. The property owner shall be responsible for removing any gasoline dispensing devices, signs, and storage tanks that are situated at a facility that has been vacant for a continuous period of at least one hundred eighty (180) days.

17. A station structure or facility shall not be converted to a different use unless the conversion is first approved by site plan review in compliance with Chapter 56 of this title. The replacement use shall be in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

18. A station may also sell alcoholic beverages, but only in full compliance with all of the following requirements:

a. The sale of alcoholic beverages shall first require the approval of a conditional use permit, in compliance with Chapter 64 of this title;

b. Alcoholic beverages shall only be sold from within a permanent structure and shall not be displayed within five feet (5') of the cash register or the front door unless they are in a permanently affixed storage container;

c. Advertisement of alcoholic beverages shall not be displayed at the pump islands;

d. Sale of alcoholic beverages shall not be made from a drive-in or drive-through window;

e. Display of beer and wine shall not be made from an ice tub or any similar portable container;

f. Illuminated advertising for alcoholic beverages shall not be located on doors, structures, or windows; and

g. A minimum of eight (8) parking spaces, or the equivalent of one space for each two hundred (200) square feet of gross floor area for the structure from which the alcoholic beverages are sold, whichever is greater, shall be provided on site.

19. Where an existing station adjoins property in a residential zoning district, a six-foot (6') high decorative solid masonry wall shall be constructed along the common property line at the time the station receives an entitlement to modify or enlarge the station by increasing the existing floor area by twenty-five percent (25%) or more.

a. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and shall be subject to the review and approval of the Director.

b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining or directly across an alley from the station, the wall shall decrease to a maximum height of three feet (3'). (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021. Formerly 9.40.190)

9.40.200 Low barrier navigation center, use by right.

A. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of Government Code Section 65662. “Low barrier navigation center” and “use by right” have the definitions expressed in Government Code Section 65660.

B. The application for a low barrier navigation center shall be reviewed for completeness pursuant to Section 9.50.070 and the applicant shall be notified within thirty (30) days of receipt of the application whether the application is complete. The procedures set forth in Section 9.50.070 for incomplete applications shall apply to applications for low barrier navigation centers.

C. The City shall act to approve or deny an application for a low barrier navigation center within sixty (60) days of receipt of a completed application. Applicants may appeal the denial of a low barrier navigation center pursuant to Chapter 9.90. (§ 4 (Att. D), Ord. 21-06, eff. December 1, 2021)

Chapter 9.40STANDARDS FOR SPECIFIC LAND USES

9.40.010 Purpose of division.

9.40.020 Accessory residential dwelling units.

9.40.030 Accessory uses and structures.

9.40.040 Animal keeping.

9.40.050 Bed and breakfast inns.

9.40.060 Cargo container standards.

9.40.070 Construction office/yard.

9.40.080 Day care facilities.

9.40.090 Drive-in and drive-through facilities.

9.40.100 Group housing.

9.40.110 Meat packing and processing.

9.40.120 Mini-storage facility standards.

9.40.130 Outdoor dining and seating areas.

9.40.140 Outdoor display and sales.

9.40.150 Public utilities and services.

9.40.160 Recycling facilities.

9.40.170 Right to farm.

9.40.180 Vehicle service station standards.

9.40.200 Low barrier navigation center, use by right.

Chapter 9.40
STANDARDS FOR SPECIFIC LAND USES