7-19. REGULATIONS CONCERNING STREETS AND HIGHWAYS

CHAPTER 19. REGULATIONS CONCERNING STREETS AND HIGHWAYS

ARTICLE 1. BUILDING LINE SETBACKS

7-19-1000 DECLARATION OF PURPOSE:

The Board of Supervisors hereby declares that the County of Tulare, through the County Planning Agency, is engaged in developing a General Plan of Streets and Highways and a Specific Plan of Streets and Highways for the County. The magnitude of the undertaking precludes such plans being completed in their entirety in time to fully guide the rapid development occurring within the County. The surveys, hearings, map preparation and the requirements of law governing such matters make it necessary for such detailed plans to be developed progressively. Therefore, in order to prevent traffic safety hazards from arising, to assure that light, view and air are reasonably available to all property, and in order to otherwise conserve the public interest and protect the public safety and welfare, it is necessary to establish certain minimum building line setbacks on a County wide basis.

7-19-1005 VIOLATIONS:

(a) It shall be unlawful to construct or erect a building or structure of any type whatsoever, including signs and other advertising structures, or to construct a well for production of water, oil or other hydrocarbon products, or to make an excavation or install a subsurface structure of any type within the building line setbacks established by this Article.

(b) It shall be unlawful to install, place or maintain within the building line setbacks established by this Article, movable buildings or structures of any type whatsoever, including signs and other advertising structures, if the top of the movable building or structure is more than three (3) feet above the surface of the ground or pavement, or if the movable building or structure is more than three and one half (3 1/2) feet in width. A motor vehicle or trailer, licensed or unlicensed, which has a sign painted directly on the body of the vehicle or trailer or otherwise mounted on or attached to the vehicle or trailer, and which is used primarily for the purpose of advertising, shall constitute a structure which is subject to the provisions of this Article. Other motor vehicles and trailers are not subject to the provisions of this Article.

7-19-1010 SETBACK DISTANCE:

A building line setback is hereby established along both sides of every highway in the County which has been dedicated to the public use. Except as otherwise provided in sections 7-19-1015 through 7-19-1175 of this Article, such building line setback shall be located parallel to, and fifty (50) feet from, the established centerline of the right of way of each such highway. The space between such building line setback and the nearest edge of the right of way shall be kept free of all structures as provided in section 7-19-1005 of this Article. Certain highways are hereby determined to be of special importance, and they shall have building line setbacks different from the general building line setback set forth in this section. Those highways which have building line setbacks different from those set forth in this section are designated in sections 7-19-1015 through 7-19-1175, inclusive, of this Article, together with the special building line setback applicable to each such highway.

7-19-1015 ROAD 80 AND ALTA AVENUE:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 80, and of Alta Avenue within the metropolitan area, between Avenue 296 and the northerly boundary of Tulare County, except that portion within the city limits of the City of Dinuba.

7-19-1020 STATE ROUTE 43:

The building line setback on State Route 43 between the westerly boundary of Tulare County and the southerly boundary of Tulare County shall be as follows:

(a) On the westerly side of said State Route 43, 120 feet from the westerly edge of the existing right of way.

(b) On the easterly side of said State Route 43, 15 feet from the easterly edge of the existing right of way.

7-19-1025 ROAD 152:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 152 between Avenue 96 and Avenue 256.

7-19-1030 AVENUE 152 AND OLIVE AVENUE:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 152, and of Olive Avenue within the metropolitan area, between Road 96 and the westerly city limits of the City of Porterville.

7-19-1035 AVENUE 168:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 168 between Road 128 and Road 224.

7-19-1040 ROAD 192:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 192 between County Line Avenue and Avenue 192.

7-19-1045 ROAD 164 AND FARMERSVILLE BOULEVARD:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 164, and of Farmersville Boulevard with-in the metropolitan area, between Avenue 248 and Avenue 296, except that portion within the city limits of the City of Farmersville.

7-19-1050 ROAD 140:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 140 between Avenue 192 and Houston Avenue.

7-19-1055 AVENUE 416 AND EL MONTE WAY:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 416, and of El Monte Way within the metropolitan area, between the westerly boundary of Tulare County and Road 168, except that portion within the city limits of the City of Dinuba.

7-19-1060 AVENUE 280, CALDWELL AVENUE AND VISALIA ROAD:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 280, and of Caldwell Avenue and Visalia Road within the metropolitan areas, between the westerly boundary of Tulare County and the westerly city limits of the City of Exeter, except that portion within the city limits of the Cities of Visalia and Farmersville.

7-19-1065 EAST MAIN STREET:

The building line setback shall be 60 feet from the existing centerline of the right of way of East Main Street between the easterly city limits of the City of Visalia and Mineral King Avenue.

7-19-1070 AVENUE 196:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 196 between Road 196 and Road 276.

7-19-1075 K STREET:

The building line setback shall be 60 feet from the existing centerline of the right of way of K Street between the southerly city limits of the City of Tulare and State Highway 99 Freeway.

7-19-1080 J STREET:

The building line setback on J Street between the northerly city limits of the City of Tulare and State Highway 99 Freeway shall be as follows:

(a) On the easterly side of J Street, 60 feet from the existing centerline of the right of way.

(b) On the westerly side of J Street, 15 feet from the westerly edge of the existing right of way.

7-19-1085 STATE HIGHWAY 198:

The following portions of Roads and Avenues in the County, which comprise portions of State Highway 198, shall have the following building line setbacks:

(a) 60 feet from the existing centerline of the right of way of Avenues 296 between the westerly boundary of Tulare County and State Highway 99 Freeway.

(b) The building line setback on Avenue 296 between Road 204 and Road 220 shall be as follows:

(1) On the southerly side of Avenue 296, 70 feet from the existing centerline of the right of way.

(2) On the northerly side of Avenue 296, 15 feet from the northerly edge of the existing right of way.

7-19-1090 AVENUE 296 AND MINERAL KING AVENUE:

The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 296, and of Mineral King Avenue within the metropolitan area, between the easterly city limits of the City of Visalia and Road 156, except that portion within the city limits of the City of Visalia.

7-19-1095 AVENUE 296 AND NOBLE AVENUE:

The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 296, and of Noble Avenue within the metropolitan area, between the easterly city limits of the City of Visalia and Road 156.

7-19-1100 AVENUE 144 AND POPLAR AVENUE:

The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 144, and of Poplar Avenue in the metropolitan area, between State Highway 99 and South Main Street.

7-19-1105 AVENUE 400:

The building line setback shall be 60 feet from the existing centerline of the right of way of Avenue 400 between the westerly boundary of Tulare County and Road 128.

7-19-1110 STATE HIGHWAY 63:

The following portions of Roads and Avenues in the County, which comprise portions of State Highway 63, shall have the following building line setbacks:

(a) 60 feet from the existing centerline of the right of way of Mooney Boulevard between East Tulare Avenue (State Highway 137) and the southerly city limits of the City of Visalia.

(b) 60 feet from the existing centerline of the right of way of Road 124, and of Dinuba Boulevard within the metropolitan area, between the northerly city limits of the City of Visalia and Avenue 384.

(d) The building line setback on Road 128 between Avenue 384 and the Santa Fe Railroad right of way crossing south of the town of Cutler shall be as follows:

(1) On the westerly side of Road 128, 120 feet from the west edge of the right of way of the Santa Fe Railroad.

(2) On the easterly side of Road 128, 15 feet from the easterly edge of the existing right of way.

(e) 60 feet from the existing centerline of the right of way of Road 128 between the Santa Fe Railroad right of way crossing south of the town of Cutler and Avenue 416.

(f) 55 feet from the existing centerline of the right of way of Road 128 between Avenue 416 and Avenue 460.

(g) 55 feet from the existing centerline of the right of way of Avenue 460 between Road 128 and the westerly boundary of Tulare County.

(h) 55 feet from the existing centerline of the right of way of Road 120 between Avenue 460 and Avenue 480.

7-19-1115 STATE HIGHWAY 216:

The following portions of Roads, Avenues and Drives in the County, which comprise portions of State Highway 216, shall have the following building line setbacks:

(a) 60 feet from the existing centerline of the right of way of Houston Avenue between the easterly city limits of the City of Visalia and So Road.

(b) 60 feet from the existing centerline of the right of way of Ivanhoe Drive between So Road and the south bank of the St. Johns River.

(c) 60 feet from the existing centerline of the right of way of Road 160 between the south bank of the St. Johns River and Avenue 328.

(d) 60 feet from the existing centerline of the right of way of Avenue 328 between Road 160 and Myeloid Drive.

(e) 60 feet from the existing centerline of the right of way of Myeloid Drive between Avenue 328 and Avenue 344.

(f) The building line setback on Avenue 344 between Myeloid Drive and the westerly city limits of the City of Woodlake shall be as follows:

(1) On the northerly side of Avenue 344, 80 feet from the existing centerline of the right of way.

(2) On the southerly side of Avenue 344, 15 feet from the southerly edge of the existing right of way.

(g) 60 feet from the existing centerline of the right of way of Narrowing Boulevard between the easterly city limits of the City of Woodlake and St. Johns Street.

(h) 60 feet from the existing centerline of the right of way of Avenue 344 between St. Johns Street and Road 228.

(i) 60 feet from the existing centerline of the right of way of Road 228 between Avenue 344 and Limeades Drive.

(j) 60 feet from the existing centerline of the right of way of Limeades Drive between Road 228 and Sierra Drive (State Highway 198).

7-19-1120 STATE HIGHWAY 137:

The following portions of Roads, Avenues and Drives in the County, which comprise portions of State Highway 137, shall have the following building line setbacks:

(a) 80 feet from the existing centerline of the right of way of Tulare Avenue between the easterly city limits of the City of Tulare and Mooney Boulevard (State Highway 63).

(b) 60 feet from the existing centerline of the right of way of Avenue 232 between Mooney Boulevard (State Highway 63) and Fragment Drive.

(c) 60 feet from the existing centerline of the right of way of Fragment Drive between Avenue 232 and the northwesterly city limits of the City of Lindsay.

7-19-1125 AVENUE 56:

The following portions of Avenue 56 shall have the following building line setbacks:

(a) 60 feet from the existing centerline of the right of way between the Central Valley Highway and Road 236.

(b) 55 feet from the existing centerline of the right of way between Road 236 and Old Stage Road.

7-19-1130 HENDERSON AVENUE:

The building line setback shall be 60 feet from the existing centerline of the right of way of Henderson Avenue between State Highway 65 and Westwood Street, except that portion within the city limits of the City of Porterville.

7-19-1135 ROAD 132:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 132 between Avenue 304 and Avenue 328.

7-19-1140 ROAD 56:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 56 between Avenue 384 and Avenue 432.

7-19-1145 AVENUE 328:

The building line setback shall be 55 feet from the existing centerline of the right of way of Avenue 328 between State Highway 99 and Road 160.

7-19-1150 ROAD 156:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 156 between Avenue 328 and Avenue 384.

7-19-1155 MONSON DRIVE:

The building line setback on Monson Drive between Avenue 384 and Road 104 shall be as follows:

(a) On the northeasterly side of Monson Drive, 110 feet from the northeasterly edge of the right of way of the Atchison, Topeka and Santa Fe Railroad.

(b) On the southwesterly side of Monson Drive, 15 feet from the southwesterly edge of the existing right of way.

7-19-1160 ROAD 104:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 104 between Monson Drive and Avenue 416.

7-19-1165 ROAD 68:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 68 between Avenue 280 and Avenue 304.

7-19-1170 ROAD 196:

The building line setback shall be 55 feet from the existing centerline of the right of way of Road 196 between Avenue 192 and Avenue 232.

7-19-1175 ROAD 232:

The building line setback shall be 60 feet from the existing centerline of the right of way of Road 232 between Avenue 116 and Avenue 144, except that portion within the city limits of the City of Porterville.

7-19-1180 SAME: MODIFICATION OF SETBACK DISTANCE:

(a) If frontage of one side of a highway is located between two intersecting highways which are no more than one thousand three hundred twenty (1,320) feet apart, and such frontage has been occupied since July 1, 1949, with buildings which have setback distances less than those required by sections 7-19-1010 through 7-19-1175 of this Article, and if the total lineal frontage of such buildings is at least forty (40) per cent of the total lineal frontage on the side of the highway being considered between said intersecting highways, then the building line setback for said frontage shall be equal to the average distance from the centerline of the highway of all of said buildings which have setbacks less than those required in sections 7-19-1010 through 7-19-1175.

(b) If frontage on one side of a highway does not have two intersecting highways within one thousand three hundred twenty (1,320) feet of each other, the formula set forth in subsection (a) of this section shall be applied to any frontage of six hundred sixty (660) feet, or multiples thereof, to determine whether the modified setback established in subsection (a) is applicable to such frontage.

7-19-1185 SAME: MODIFICATION OF SETBACK DISTANCE FOR CERTAIN SUBDIVISIONS:

The building line setbacks established by section 7-19-1010 of this Article are hereby modified for all subdivisions which have been assigned tract numbers, commencing with Tract No. 1 which was recorded on February 18, 1941, under the following circumstances and conditions:

(a) Septic tanks, leach lines and seepage pits may be constructed and maintained not less than ten (10) feet from the edge of the right of way.

(b) A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a corner lot not less than fifteen (15) feet from the edge of the right of way which has the longest frontage on the lot, unless the applicable provisions of Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way; provided, however, that if the garage or carport which is attached to or part of such residence opens directly onto the right of way which has the longest frontage on the lot, such garage or carport may be constructed and maintained not less than eighteen (18) feet from the edge of the right of way, unless a greater distance is required under Article 3 of this Chapter (commencing at section 7-19-1325.)

(c) A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a corner lot not less than twenty five (25) feet from the edge of the right of way which has the shortest frontage on the lot, unless section 7-19-1010 of this Article allows such residence to be constructed closer to the right of way, or unless the applicable provisions of Ordinance No. 352, or Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), or Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way.

(d) A residence, including any garage or carport which is attached to or part of such residence, may be constructed and maintained on a lot, other than a corner lot, not less than twenty five (25) feet from the edge of the right of way, unless section 7-19-1010 of this Article allows such residence to be constructed closer to the right of way, or unless the applicable provisions of Ordinance No. 352, or Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), or Article 3 of this Chapter (commencing at section 7-19-1325), require a greater distance from the right of way.

(e) A fence or wall may be constructed and maintained on a corner lot not less than five (5) feet from the edge of the right of way which has the longest frontage on the lot unless the applicable provisions of Ordinance No. 352 or Article 3 of this Chapter (commencing at section 7-19-1325) require a greater distance from the right of way; provided, however, that no portion of the fence or wall may be constructed or maintained within the building line setback established by paragraph (c) of this section.

The modifications set forth in this section shall not apply to septic tanks, leach lines, seepage pits, residences, garages, carports, fences or walls which are constructed along any of the highways which are described in sections 7-19-1015 through 7-19-1175 of this Article.

7-19-1190 SAME: MODIFICATION OF SETBACK DISTANCE ON FRONTAGE ROADS:

On frontage roads which are parallel and adjacent to a major street, limited access highway or freeway, the building line setback shall be twenty five (25) feet from the edge of the right of way.

7-19-1195 EXCEPTIONS:

Notwithstanding the provisions of section 7-19-1005 of this Article, the following buildings, structures or portions thereof may be constructed, installed, used, repaired and maintained within the building line setbacks established by this Article:

(a) A fence which is open to the extent that there is clear, unobstructed vision through at least fifty (50) percent of the total area of the fence.

(b) Public utility facilities installed or constructed under authority of law.

(c) Buildings or structures authorized to be installed or constructed pursuant to a special use permit or a variance from the zoning regulations approved in accordance with section 16 of the Zoning Ordinance (Ordinance No. 352, as amended.)

(d) Architectural features of buildings, including but not limited to, cornices, eaves, belt courses, sills, buttresses, fireplaces and chimneys, in compliance with subsection C of Section 15 of the Zoning Ordinance

7-19-1200 CONDITIONAL EXCEPTIONS: METAL POLES, SIGNS AND LIGHTS:

Without complying with any of the provisions of this Article, metal poles may be installed within the building line setbacks to support signs or to support lamps for floodlighting the premises upon which such installation is made, if the installation complies with all of the following conditions:

(a) Any light or sign shall be installed on a single pole and shall be placed not less than twelve (12) feet above the ground level.

(b) Floodlights installed on such poles shall be equipped with shields adjusted so that direct rays from the lights do not shine on a public highway.

(c) Any sign installed on such a pole shall not have an area in excess of thirty six (36) square feet on each of two (2) sides and such sign shall pertain only to the business or establishment which is located on the premises. Only one (1) such sign may be installed on each business site. If such a sign is illuminated, it shall be nonflashing and shall be located so that any green, yellow or red light thereon will not materially interfere with the ability of a driver on a public highway to readily distinguish a traffic signal in the same approximate line of vision.

(d) All poles, signs and lights installed pursuant to this section shall be removed at no expense to the County or the State, upon order of the County or the State, in connection with a future widening of the highway.

7-19-1205 EXISTING BUILDINGS AND STRUCTURES:

Any building or structure of a type described in section 7-19-1005 of this Article which was in existence at the time that the provisions of this Article became applicable to such building or structure is not required to be removed, and may continue to be used, repaired and maintained.

7-19-1210 SPECIAL SETBACK DISTANCES: TREES, SHRUBS AND VINES:

In order to prevent trees, shrubs and vines from encroaching on County roads, it shall be unlawful to plant, or cause to be planted, a tree, shrub or vine less than ten (10) feet from the edge of the right of way, or one half (1/2) of the spacing for that type of tree, shrub or vine which is customary in orchards and vineyards in the area, whichever is greater. This section does not apply to trees, shrubs or vines planted for residential landscaping.

7-19-1215 VARIANCES:

If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Article result through the strict and literal interpretation and enforcement of this Article, then the Zoning Administrator shall have the authority to grant a variance from the provisions of this Article such as may be in harmony with its general purpose and intent, so that the spirit of this Article shall be observed, public safety and welfare served and substantial justice done.

7-19-1220 VARIANCES: APPLICATIONS FOR VARIANCES: FEES:

(a) The Zoning Administrator shall grant a variance under the provisions of this Article only upon the filing of a written application therefore by the owner of the real property affected or his authorized agent. The Planning and Developemnt Director shall prescribe the form of application for such variance.

(b) Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees to be paid by applicants to defray the expenses incidental to the proceedings pursuant to this chapter.

(c) An additional fee in the amount of Ten Dollars ($10.00) shall be collected for each variance application to defray the expenses incidental to maintaining and enhancing the automated permit processing equipment and software utilized in the Planning and Development Department for processing of planning and building permits and certificates.

(d) Unless otherwise provided herein, whenever there is a joint filing of multiple applications and the applicant consents to the consolidated processing of those applications, the applicable filing fees shall be reduced by twenty-five percent (25%). As used here in, the term "multiple applications" shall consist of two (2) or more applications for changes of zone, special use permits (including amendments thereto), variances, planned unit developments and planned developments, tentative subdivision maps or tentative parcel maps (including vesting maps), building line setback variances, flood variances and surface mining permits and reclamation plans (including amendments thereto) which pertain to the same project.

(Amended by Ord. No. 3184, effective 6-7-97.) (Amended by Ord. No. 3262, effective 10-2-01)

7-19-1225 SAME: EXEMPTION FROM FEES:

If the County Road Commissioner certifies to the Director of Planning that an application for variance is being filed as a result of a proposed acquisition of property by the County from the person applying for the variance, the Director of Planning shall accept and process the application for a variance without payment of the fee prescribed in section 7-19-1220 of this Article.

7-19-1230 SAME: PROCEDURE FOR PROCESSING VARIANCES:

(a) Before acting on a variance the Zoning Administrator shall hold at least one (1) public hearing. Notice of such public hearing shall be given by publishing a notice of such hearing setting forth the time and place of the hearing and the nature of the variance requested, in a newspaper of general circulation published in the County, once, not less than ten (10) days prior to the date of such public hearing, and by mailing a copy of the notice of said hearing, not less than ten (10) days prior to the date of such public hearing, to the following persons:

(1) The applicant.

(2) Division of Highways of the California Department of Transportation, if a State highway is involved.

(3) County Public Works Director.

(4) Supervisor of the Supervisorial District in which the highway affected is located.

(5) County Health Officer.

(b) The decision of the Zoning Administrator shall be in writing and shall include findings of facts relied on in making the decision.

(c) A copy of the decision of the Zoning Administrator shall be publicly posted at or near the door of the Building and Planning Department for a period of one (1) week following the making thereof. Not more than two (2) days after making the decision on the application, the Zoning Administrator shall cause a copy of the decision to be mailed to the applicant, to the Board of Supervisors, and to any other person who has expressed an interest therein and has deposited with the Zoning Administrator a self addressed, stamped envelope for that purpose. Failure to mail or to receive such notice, as a result of mistake or inadvertence, shall not affect the validity of the decision.

7-19-1235 SAME: CONDITIONS:

Any variance granted pursuant to the provisions of this Article may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purposes of this Article. Any variance which is granted subject to conditions may be revoked by the Zoning Administrator if any of the conditions are violated. The same procedures shall be followed for revocation of a variance as are followed for granting a variance, including the appeal procedures, except that notice of the public hearing by the Zoning Administrator on revocation need not be published in a newspaper.

7-19-1240 VARIANCES: APPEALS:

(a) Except as herein provided, all appeals regarding decisions on variances shall be subject to the provisions of section 165 of this Ordinance Code.

(b) Any person adversely affected by a decision of the Zoning Administrator on the variance may appeal the decision to the Board of Supervisors. An appeal to the Board of Supervisors shall be in writing and filed with the Clerk of the Board of Supervisors within ten (10) days after the date on which the decision of the Zoning Administrator was made. An appeal shall specifically set forth the grounds for the appeal. In addition to the notice requirements of section 165 of this Ordinance Code, the Board shall give notice of the appeal hearing to the persons and agencies named in section 7-19-1230 of this Article forgiving notice by the Zoning Administrator.

(c) At the time of filing the appeal, the appellant shall pay a fee of One Hundred and Fifty Dollars ($150) to the Planning and Development Director to defray the expenses incidental to the proceedings.

7-19-1245 SAME: PROCEDURE ON REHEARING OR RECONSIDERATION:

If the Board of Supervisors refers the matter back to the Planning Commission for further consideration or rehearing, as provided in section 7-19-1240 of this Article, all proceedings on the appeal are automatically terminated. When the Planning Commission has adopted a new resolution denying or granting the variance after such further consideration or rehearing, a copy of such resolution shall be mailed to the applicant or his authorized agent at the address shown upon the written application, to the appellant, and to the Board of Supervisors. The action of the Planning Commission on an application for a variance after such rehearing or reconsideration shall be final and conclusive five (5) days, excluding Saturdays, Sundays and legal holidays, after said resolution of the Planning Commission is mailed to the applicant unless a new appeal is taken to the Board of Supervisors within said five (5) day period pursuant to the procedure set forth in section 7-19-1240 of this Article.

7-19-1250 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the variance, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the variance has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

7-19-1255 SPECIFIC PLANS:

On highways for which Specific Plans of Streets and Highways have been adopted, or are hereafter adopted, pursuant to the provisions of Article 3 of this Chapter (commencing at section 7-19-1325), any building line setbacks which are shown upon such Specific Plans shall prevail over the provisions of this Article.

7-19-1260 CONFLICTING ORDINANCES:

No zoning ordinance, including Ordinance No. 352 and Article 1 of Chapter 11 of this Part (commencing at section 7-11-1000), shall be construed as permitting a building line setback less than that provided in this Article, nor shall this Article be construed as permitting a front yard depth or side yard depth which is less than is required by any such zoning ordinance.

7-19-1265 INVALID PERMITS:

County officers and employees who are authorized or required by law to issue permits, licenses or other evidences of authority for the construction, erection or location of any building, structure, well, or any other installation described in section 7-19-1005 of this Article, shall not issue any such permit, license or other evidence of authority contrary to the provisions of this Article. Any such permit, license or evidence of authority issued which conflicts with the provisions of this Article shall be null and void.

7-19-1270 NUISANCE:

Any building, structure, well, tree, shrub or any other installation described in section 7-19-1005 of this Article which is not in full compliance with the requirements of this Article shall constitute a public nuisance.

7-19-1275 VIOLATIONS:

Any person violating any of the provisions of this Article which are declared to be unlawful shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, permitted or continued by such person, and shall be punishable therefore as provided hereinabove.

ARTICLE 3. SPECIFIC PLAN OF STREETS AND HIGHWAYS

7-19-1325 DECLARATION OF PURPOSE:

In order to conserve and promote the public health, safety and general welfare, a Specific Plan of Streets and Highways is hereby adopted. Said Specific Plan shall show the locations and widths of a system of major traffic thoroughfares and other highways, the recommended treatment thereof, and building line setbacks. For convenience, the Specific Plan will be developed progressively by the adoption from time to time of detailed plans for portions of individual highways as parts of said Specific Plan.

7-19-1330 DESCRIPTIVE TITLE: PREPARATION AND CONTENTS OF MAPS:

(a) Each part of the Specific Plan of Streets and Highways shall consist of a descriptive title sufficient to identify the subject and location and a detailed map, with appropriate notations thereon, which shall set forth all requirements, dimensions and other pertinent data of said Specific Plan, which may include any or all of the items mentioned in section 7-19-1325 of this Article. The County Planning Agency shall prepare the parts of the Specific Plan including the detailed maps.

(b) The County Planning Agency shall also prepare and maintain for public inspection a large map of the County which will show the location of the parts of the Specific Plan of Streets and Highways which have been adopted. Said map shall contain notations sufficient to identify the detailed map pertaining to each part of the Specific Plan.

7-19-1335 PROCEDURE FOR ADOPTION:

Additions and amendments to the Specific Plan of Streets and Highways shall be adopted pursuant to the provisions of Article 9 (commencing with section 65500) of Chapter 3 of Title 7 of the Government Code of the State of California, as it now exists and as it may be amended from time to time. Each ordinance adding to or amending the Specific Plan shall designate the added or amended part by an appropriate serial number corresponding to the serial number of items adopted pursuant to this Article.

7-19-1340 LICENSES AND PERMITS:

Officers, agents or employees of the County having the authority to issue licenses or permits, or having the authority to approve plans or specifications for private or public projects, shall not issue such a license or permit and shall not approve any project plan or specification unless the project which is being licensed, permitted or approved complies with the Specific Plan of Streets and Highways. Any license, permit or approval which is granted in violation of this Article is null and void.

7-19-1345 BUILDING LINE SETBACK:

From and after December 1, 1947, no person shall erect, construct or establish any building, well, wall, signboard or other improvement within the space between the street or highway line and any building line setback herein established, widened or straightened; provided, however, that said restrictions shall not apply to any form of agricultural or horticultural plantings or crops, or the maintaining of domestic animals or the maintenance of fences.

7-19-1350 NONCONFORMING USES:

If buildings, utilities or other installations existed within reserved areas on December 1, 1947, or on the effective date of any Item subsequently adopted under the provisions of this Article, such nonconforming buildings, utilities or other installations may continue with reasonable maintenance but may not be enlarged or replaced except as provided in section 7-19-1355.

7-19-1355 VARIANCE:

If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Article result from the strict and literal interpretation and enforcement of this Article, as it applies to section 7-19-1350, the County Planning Commission, upon a written application from the owner of the property affected, shall have authority, subject to the approval of the Board of Supervisors, to grant such a variance from the provisions of this Article as will be in harmony with the general purpose and intent of this Article, so that the spirit of this Article will be observed, public safety and welfare served and substantial justice done. Such variances shall be granted in compliance with the following procedure:

(a) A public hearing shall be held for the purpose of considering an application for a variance.

(b) Notice of such public hearing shall be given not less than ten (10) days prior to the date of such public hearing. Such notice shall be given by postal cards which shall be mailed to the following persons:

(1) Division of Highways, California Department of Public Works.

(2) County Surveyor.

(3) Owners of all property within a radius of five hundred (500) feet of the site of the building, utility or other installation involved in the application, using for that purpose the name and address of the last known owners of such property as shown on the records of the County Clerk/ Recorder/Assessor.

(c) Within not more than forty (40) days following such public hearing, the Planning Commission shall act on the application by resolution, and the resolution shall recite in full the findings upon which the Planning Commission bases its approval or disapproval of such variance.

(d) A copy of the resolution containing the recommendations of the County Planning Commission shall be mailed to the applicant, using therefore the address shown upon the written application. One copy of said resolution shall be delivered to the Board of Supervisors.

(e) The Board of Supervisors may approve or disapprove the recommendation of the Planning Commission and its action shall be final.

7-19-1360 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Chapter, if the decision denies the variance, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the variance has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

7-19-1365 FEES:

At the time of filing his application for a variance, the applicant shall pay a fee of Twenty Five Dollars ($25.00) to defray the expenses incidental to the proceedings. No part of said fee shall be returned to the applicant if he subsequently withdraws his application for a variance.

7-19-1370 NUISANCE:

Any building, well, wall, signboard or other improvement which is not in full compliance with the requirements of section 7-19-1345 of this Article shall constitute a public nuisance.

7-19-1375 VIOLATIONS:

Any person violating any of the provisions of section 7-19-1345 of this Article shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of section 7-19-1345 is committed, permitted or continued by such person, and shall be punishable therefor as provided hereinabove.

7-19-1380 MAPS: NOT INCLUDED:

The maps of the Specific Plan of Streets and Highways and amendments adopted heretofore or hereafter under this Article shall not be included in or made a part of this Code. Some of said maps have been designated as parts of the "Official" Plan of Streets and Highways because they were adopted prior to the time that the former Planning Law of the State of California (Government Code section 65000 et seq.) changed the designation "official plans" to "precise plans." Also, some of said maps have been designated as parts of the "Precise" Plan of Streets and Highways because they were adopted prior to the time that the Planning and Zoning Law of the State of California (Government Code section 65000 et seq.) changed the designation "precise plans" to "specific plans."

ARTICLE 5. STREET NAMES AND NUMBERS AND HOUSE NUMBERS

7-19-1430 DECLARATION OF PURPOSE:

In order to promote the convenience, safety and general welfare of the people of the County of Tulare, a coordinated system of street numbers and names and house numbers is hereby established for the County of Tulare.

7-19-1435 "DEFINITIONS":

The definitions set forth in section 7-01-1020 et seq. of Article 1 of Chapter 1 of Part VII of this Ordinance Code shall govern the construction of this Article except where the contest otherwise requires.

7-19-1440 METROPOLITAN AREAS:

Areas surrounding incorporated cities and urbanized unincorporated areas may be excluded from the application of this system. The boundaries of such metropolitan areas surrounding incorporated cities shall, and boundaries of such metropolitan areas surrounding unincorporated communities may, be recommended by the County Planning Commission and established by the Board of Supervisors by ordinance. The boundaries of such metropolitan areas shall be designated on maps which clearly define such areas and said maps shall be progressively adopted pursuant to this Article.

7-19-1445 METROPOLITAN AREA HOUSE NUMBERS:

Such metropolitan areas shall be assigned house numbers which need not relate to the County system of house numbers established by this Article, but which do relate to a system within the incorporated city or unincorporated community within each metropolitan area; provided, however, that the County shall exercise its authority within unincorporated areas contained in such metropolitan areas to the extent of adopting only such house numbering systems as, in its opinion, will eliminate duplications, prevent confusion and will generally serve the purpose of this Article. The house numbering system in such metropolitan areas shall relate, in such manner as the County may direct, to regular even fractions of a section mile with preference given to the unit of three hundred thirty (330) feet; provided, that the sequence of numbers shall be so assigned that numerical progression away from any base line shall begin any given hundred series of numbers on parallel or approximately parallel streets or roads at points equidistant in the same direction from the base line.

7-19-1450 METROPOLITAN AREA ROAD AND STREET NAMES:

Such metropolitan areas may also employ a local system of street naming which may be based on a system existing at the time such metropolitan areas are established; provided, however, that such existing local systems shall first be amended, if necessary, to eliminate duplication of names, confusing similarity of names, or the application of more than one name to one street or to segments of streets along a common alignment.

7-19-1455 INCLUSION OF METROPOLITAN AREAS:

At the request of a city located in a metropolitan area, the area included in the metropolitan area may be included in the coordinated system established for the remainder of the County. In the case of an unincorporated community located in a metropolitan area, the Board of Supervisors, on recommendation of the County Planning Commission, may determine that the area in the metropolitan area shall be included in the coordinated system established for the remainder of the County.

7-19-1460 METHOD OF ESTABLISHING METROPOLITAN AREAS:

Metropolitan areas surrounding and including incorporated cities shall be established in the following manner:

(a) The County Planning Commission shall propose boundaries for each metropolitan area.

(b) The County Planning Commission shall devise and propose a local system of house numbering, as described in section 7-19-1445, for each metropolitan area.

(c) The County Planning Commission shall propose a local system of road and street names for each metropolitan area and said system shall include proposals for the amendment of the existing local road and street naming system, if necessary to eliminate duplications of names, confusing similarity of names, or the application of more than one name to one street or to segments of streets along a common alignment.

7-19-1465 SAME: UNINCORPORATED URBAN AREAS:

In the case of unincorporated urban areas, metropolitan areas may be established either upon a petition of property owners residing in the proposed area, or upon the initiative of the County Planning Commission or the Board of Supervisors. Except for the method of originating such proposals for the establishment of metropolitan areas the procedure shall be the same as that provided in section 7-19-1460.

7-19-1470 SAME: MAPS:

A metropolitan area shall be established by the adoption of a map on which shall be shown the exact boundaries and all other pertinent and necessary information. Each such map shall be given a serial number corresponding to the serial number of items adopted pursuant to this Article. Each map may also be assigned a name in addition to such serial number. Such maps shall be part of the Specific Plan of Street Names and Numbers and House Numbers and shall be processed in the manner prescribed by State law for adopting specific plans.

7-19-1475 BASE LINES:

The system shall consist of a single quadrant having an east-west base line and a north south base line. The east west base line shall be a line coincident with the south boundary line of the County of Tulare. The north south base line shall be a line intersecting the east west base line extended and drawn from the southwest corner of Section 35, Township 24 South, Range 22 East, M.D.B.&M., through the southwest corner of Section 34, Township 16 South, Range 22 East, M.D.B.&M.

7-19-1480 SAME: PURPOSE:

The base lines defined in section 7-19-1475 shall be used for determining the designation of numbered thoroughfares and house numbering.

7-19-1485 DESIGNATION OF THOROUGHFARES: PUBLIC AND PRIVATE:

(a) Except as provided herein below, all public thoroughfares having an east west alignment shall be designated "Avenues," those having a north south alignment shall be designated "Roads," and those having a diagonal or curved alignment shall be designated "Drives."

(b) In mountainous areas, as defined in section 7-01-1075 of this Ordinance Code, all public thoroughfares which are dedicated to the County on or after December 10, 1970, shall be designated, in accordance with their classification under section 7-01-1155 of this Ordinance Code, as follows:

(1) All Class 1 and Class 2 Roads shall be designated "Drives."

(2) All Class 3 Roads shall be designated "Ways."

(3) All Select System Roads shall be designated "Boulevards."

(c) All public cul de sacs, including those located in mountainous areas and within metropolitan areas, which are dedicated to the County on or after December 10, 1970, and all private cul de sacs created after January 1, 1992, shall be designated as "Courts."

(d) All private thoroughfares created prior to January 1, 1992, and named pursuant to section 7-19-1510 and all private thoroughfares created after January 1, 1992, shall be designated "Lanes", "Trails", "Drives" or other designations.

(e) Except as provided in subsection (c) above, the provisions of this section need not be complied with when designating thoroughfares within a metropolitan area.

7-19-1490 APPLICATION: ROADS:

Beginning at the base lines, there shall be, or deemed to be, a Road or Avenue consecutively numbered outwardly from the base lines at each one eighth (1/8) mile or six hundred sixty (660) feet, more or less.

7-19-1495 DESIGNATING SPECIFIC THOROUGHFARES: NUMBERS AND NAMES:

(a) For the purposes of this Article, a mile shall be deemed to be the length of one side of a section, unless otherwise specified.

(b) The Avenue coincident with the east west base line shall be given a name.

(c) Avenue One (1) shall be one eighth (1/8) mile or six hundred sixty (660) feet, plus or minus, north of the east west base line. Avenues shall be consecutively numbered northward from Avenue One (1) at each one eighth (1/8) mile, or each six hundred sixty (660) feet, plus or minus.

(d) Road One (1) shall be one eighth (1/8) mile or six hundred sixty (660) feet, plus or minus, easterly of the north-south base line. Roads shall be consecutively numbered eastward from Road One (1) at each one eighth (1/8) mile, or each six hundred sixty (660) feet, plus or minus.

(e) Avenues and Roads located other than on a one eighth (1/8) mile or six hundred sixty (660) foot interval shall be designated by name, and freeways or other major thoroughfares, even though located on one eighth (1/8) mile intervals, may be designated by name rather than by number.

(f) All public and private thoroughfares other than Roads and Avenues shall be designated by name.

7-19-1500 SAME: SPECIFIC TITLES:

(a) When Avenues and Roads are designated by numbers, the words "Avenue" and "Road" shall precede the number.

(b) When Avenues and Roads are designated by names, the words "Avenue" and "Road" shall follow the name.

7-19-1505 NAMING OF PUBLIC AND PRIVATE THOROUGHFARES:

All public and private thoroughfares created after January 1, 1992, shall be named in accordance with the provisions of this Article pursuant to the following procedures:

(a) All public and private thoroughfares created as a condition to or part of a special use permit or a subdivision by either subdivision map or parcel map shall be named and the names approved by the body giving approval to such entitlement as part of the procedure to approve such entitlement.

(b) All public thoroughfares not named pursuant to subsection (a) hereof shall be named and all public thoroughfares shall be renamed in accordance with Streets and High-ways Code sections 970.5 and 971.

(c) All private thoroughfares not named pursuant to subsection (a) and all private thoroughfares shall be renamed by the Planning Commission pursuant to the following procedure:

(1) Action shall be initiated upon direction by the Board of Supervisors or upon petition by the private property owners located or with access on such thoroughfares.

(2) Petitions by the private property owners shall be submitted and accepted for consideration only in the form and with the information prescribed by the Planning and Development Director.

(3) The Planning Commission shall notice and hold a public hearing on the proposed name.

(4) Notice of such hearing shall be given by publication one time in a newspaper of general circulation and shall be mailed to property owners whose property is located on or has access to the thoroughfare at least ten days before such hearing. If the thoroughfare is currently constructed and in use, Notice of the hearing shall be posted in at least three public places along the thoroughfare.

(5) At the time of the hearing or at any time to which the hearing may be continued, the Planning Commission shall hear and consider proposals to approve or adopt a name for the thoroughfare mentioned in the notice and objections to such proposals. At or after the conclusion of the public hearing, the Planning Commission may approve or adopt by resolution a name for such thoroughfare and shall file such resolution with the Board of Supervisors officially designating the name for such thoroughfare.

(6) Any decision hereunder shall be final unless appealed to the Board of Supervisors pursuant to section 165 of this Ordinance Code.

(d) From time to time as new designations are approved or adopted, the Planning and Development Director shall prepare and keep a map, which map shall be known as the Unincorporated Tulare County Specific Map of Street Names and Numbers and House Numbers, indicating thereon the assigned numbers or names for all public and private thoroughfares within the unincorporated area of the County. Such map shall incorporate all prior maps and designations adopted pursuant to this Article.

(e) Approval or adoption of a name or number designations for any private thoroughfare thereunder shall not constitute an acceptance of any ownership interest in or constitute an acceptance of such thoroughfare into the County maintained road system under Streets and Highways Code section 941.

7-19-1510 FEES: PRIVATE THOROUGHFARES:

Petitions under section 7-19-1505(c)(2) shall only be accepted for consideration upon payment of the fee for processing such petition set from time to time by the Board of Supervisors by resolution.

7-19-1515 HOUSE NUMBERING:

Each mile shall be assigned eight hundred (800) numbers. Each number shall apply to thirteen and two tenths (13.2) feet, plus or minus, of frontage. When a section has a dimension greater or less than one (1) mile of five thousand two hundred eighty (5280) feet, the eight hundred (800) units shall remain the same, but the length of the units shall be proportionately adjusted to a greater or lesser length as the case may be. House numbers assigned to any unit shall be determined by the position of the particular unit in the eight hundred (800) units in the section-mile and the number assigned shall be the number applicable to the unit occupied by the house or establishment to be identified by such number.

7-19-1520 SAME: MOUNTAINOUS AREAS:

The application of eight hundred (800) numbers per mile shall apply to valley areas only. When the plan is extended into mountainous areas where an irregular road pattern applies, the numbers shall be assigned on the basis of eight hundred (800) numbers per road mile of five thousand two hundred eighty (5280) feet.

7-19-1525 ASSIGNING ODD AND EVEN HOUSE NUMBERS:

All numbers assigned on the north or east side of a thoroughfare shall be even numbers and all numbers assigned on the south or west side of a thoroughfare shall be odd numbers. All diagonal or curved thoroughfares shall be deemed to be north south thoroughfares or east west thoroughfares, and odd and even numbers shall be distributed accordingly. For the purpose of assigning odd and even house numbers, a thoroughfare having a northeast southwest or a northwest-southeast alignment or any alignment having a direction within the north quadrant or south quadrant between such northeast southwest and northwest-southeast lines shall be deemed to be a north south thoroughfare. Any other straight or approximately straight thoroughfare shall be deemed to be an east-west thoroughfare. Meandering, loop or other thoroughfares having irregular alignments may be assigned numbers best suited to serving the purposes of this Article and it shall be the duty of the County Planning Commission, as an administrative policy, to determine the system of numbering to be employed.

7-19-1530 REQUIRED POSTING:

Every person owning, controlling, occupying or using any house, store, storeroom or building situate on premises fronting on any public thoroughfare in the County of Tulare shall, within thirty (30) days after issuance of a house number, install permanently on such premises the number issued, subject to the following provisions:

(a) An accessory building need not be numbered but, if located on a separate unit of frontage as defined in section 7-19-1515 of this Article, it may be assigned a number if requested by the owner or proprietor of the principal establishment to which such building is accessory.

(b) The numbers shall be made of a durable material.

(c) All such numbers shall be of such type and so placed as to be easily visible and legible from the thoroughfare upon which said premises front.

(d) The numbers shall be not less than three (3) inches in height.

(Amended by Ord. 3254, effective 3-31-01.)

7-19-1530 REQUIRED POSTING:

Every person owning, controlling, occupying or using any house, store, storeroom or building situate on premises fronting on any public or private thoroughfare in the County of Tulare shall, within thirty (30) days after issuance of a house number, install permanently on such premises the number issued, subject to the following provisions:

(b) The numbers shall be made of a durable material.

(c) All such numbers shall be of such type and so placed as to be easily visible and legible from the thoroughfare upon which said premises front.

(d) The numbers shall be not less than four (4) inches in height.

(Amended by Ord. 3254, effective 3-31-01.)

7-19-1535 REQUIRED POSTING WITHIN STATE RESPONSIBILITY AREAS:

All numbers and addresses, whether on a public or private thoroughfare, issued within a State Responsibility Area shall also be permanently posted at each driveway entrance, subject to the following standards:

(a) The address shall be posted at the beginning of construction and shall be maintained thereafter.

(b) The address shall be visible and legible from the road on which the address is located. Where multiple addresses are required at a single driveway, the addresses shall be mounted on a single post at the driveway entrance. Where the roadway provides access solely to a single commercial or industrial business, the address shall be posted at the nearest road intersection providing access to that site.

(c) All numbers shall be a minimum of four (4) inches in height with an one half inch (1/2") width and shall be of a reflective color that contrasts sharply with the background.

(Amended by Ord. 3254, effective 3-31-01.)

7-19-1540 OLD HOUSE NUMBERS:

Any house number existing on the date this Article becomes applicable to the premises, and which is different from the new number issued pursuant to this Article, shall be removed within thirty (30) days after notice of the issuance of the new house number.

7-19-1545 SIGNS IDENTIFYING THOROUGHFARES:

It shall be the duty of the Public Works Director to establish a standard form and standard placement of signs for identifying public and private thoroughfares assigned names pursuant to this Article and to install such signs on public thoroughfares in conformity to such standards. Within a State Responsibility Area, newly installed roadway or thoroughfare signs shall equal or exceed the requirements set forth in the SRA Fire Safe

Regulations, Title 14 of the California Code of Regulations, Division 1.5, Chapter 7, Article 5.5, sections 1274.01 through 1274.05. The Board of Supervisors may from time to time by resolution establish fees for installing signs on private roadways and private thoroughfares.

7-19-1548 REQUIRED ACCESS:

(a) Every new building hereafter erected shall be provided with an improved access to a publicly maintained road. The access may consist of a driveway or a private road or combination thereof. The access shall be improved to at least the following standards:

(1) All accesses shall have a minimum 13 foot 6 inch unobstructed vertical clearance along the entire length of the access. The maximum grade of any access shall not exceed 20%. All bridges or other support structures installed as part of the access shall be constructed to support a minimum load of 40,000 pounds.

(2) Driveways exceeding 150 feet in length, but less than 800 feet, should provide a midpoint turnout. Driveways exceeding 800 feet should provide turnouts at least every 400 feet. Private roads exceeding 150 feet in length, but less than 800 feet, shall provide a midpoint turnout. Private roads exceeding 800 feet shall provide turnouts at least every 400 feet. Turnouts shall be a minimum of 10 feet wide and 30 feet long with a minimum of 25 foot taper on each end.

(3) A driveway shall provide a minimum 10 foot wide traffic lane. No parking should be allowed along any driveway of less than 18 feet in width.

(4) A private road shall provide a minimum 18 foot wide improved surface traffic lane. Private roads with less than an 18 foot wide improved surface traffic lane shall meet the turnout requirements set for a driveway.

(5) Any private roads providing vehicular access to a single parcel with any industrial or commercial occupancy shall provide a minimum 20 foot wide improved surface traffic lane.

(6) A bulb turnaround or a hammerhead "T" turnaround shall be provided at all building sites on any access exceeding 300 feet in length and shall be located at the end of the private road or on the driveway within 150 feet of the building(s).

(7) Direct access from a publicly maintained road shall be improved with a drive approach connection constructed in accordance with County or Caltrans improvement standards and an encroachment permit issued by the County or Caltrans shall be obtained prior to construction.

(8) As a minimum, all driveways should be constructed with an all weather surface capable of supporting a minimum load of 40,000 pounds and private road surfaces shall be constructed in accordance with a the minimum road improvement standard structural section consisting of 2 inches of asphalt concrete over 4 inches of aggregate base material in accordance with the standards established by the Tulare County Road Improvement Standards as such standards have been adopted by resolution of the Board of Supervisors and are amended from time to time by resolution of the Board of Supervisors. Prior to the issuance of a building permit, the applicant shall submit for review and approval a private road improvement plan prepared by a registered civil engineer detailing the required access improvements. After construction of the access and prior to occupancy under the building permit, the applicant shall submit a letter by a registered civil engineer certifying access construction in compliance with the approved private road improvement plan. If, due to other County requirements, such accesses and private roads would be subject to a higher road improvement standard, the higher road improvement standard shall apply.

(9) All gate entrances erected on any access or private road shall be at least two feet wider than the access traffic lane and shall be setback a minimum of 30 feet from any publicly maintained road.

(b) For the purposes of this Section, the following definitions shall apply:

(1) Driveway: Access to a single parcel or parcels from a publicly maintained road or an improved private road which exceeds 150 feet in length.

(2) Hammerhead "T": A street or road that provides a "T" shaped three-point turnaround space for emergency equipment, being no narrower than the street, road or driveway that serves it.

(3) Publicly maintained road: A public road in the County maintained mileage system or a state highway.

(4) Roads: Vehicular access to more than one parcel; vehicular access to any commercial or industrial occupancy on one or more parcels; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

(5) Roadway: Any surface designed, improved, or ordinarily used for vehicular access or travel.

(6) Bulb turnaround: A street or road, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Bulb turnaround shall have a minimum 40 feet improved surface radius.

(7) Turnout: A widening in a street, road or driveway to allow vehicles to pass.

(c) The Tulare County Fire Warden or his duly authorized deputy, upon the receipt of a verified application from the owner of the property affected, stating fully the grounds for the application and the facts relied upon, shall have authority as an administrative act, to grant without notice and hearing certain minor modifications to the terms of this Section as may be in harmony with its general purpose and intent, so that the spirit of this Section shall be observed, public safety and welfare secured and substantial justice done. Such minor modifications shall be limited to the following:

(1) Decreases not to exceed 10% of the lane width minimum requirements of paragraphs (3) through (5) of Subsection (a).

(2) Decreases not to exceed 10% of the clearance minimum requirements of paragraph (1) of Subsection (a).

(3) Increases not to exceed 25% of the maximum distance before a turnout is required in paragraph (2) of Subsection (a).

(4) Decreases not to exceed 10% of the minimum width or length requirements for turnouts specified in paragraph (2) of Subsection (a).

(5) Changes not to exceed 20% of the minimum requirements set for bulb turnaround or Hammerhead "T"’s in paragraph (6) of Subsection (a).

(d) All minor modifications granted or denied by the Tulare County Fire Warden or his duly authorized deputy under Subsection (c) shall be subject to appeal to the Board of Supervisors in the manner provided in Section 165 of this Ordinance.

(Amended by Ord. No. 3254, effective 3-31-01.)

7-19-1550 SIGNIFICANCE OF HOUSE NUMBER:

The last two digits in a multiple digit number represent the position of the house number in the one eighth (1/8) mile or six hundred sixty (660) feet, plus or minus, as defined in section 7-19-1490. House numbers one (1) to nine (9) inclusive shall be preceded a zero (0) except in the first one eighth (1/8) mile measured from base lines where house numbers alone shall be used. Digits preceding the last two digits, except in the first one eighth (1/8) mile measured from the base lines where no digits will precede the house number, represent the number of the next Avenue number south, or the next Road number west, as the case may be.

7-19-1555 ISSUING AGENCY:

All numbers shall be issued through the office of the County Planning Commission. The installation of the house numbering system established by this Article shall be accomplished progressively and in such manner as the County Planning Commission shall from time to time direct.

7-19-1560 NOTIFICATION ON ISSUANCE:

House numbers conforming to the provisions of this Article shall be assigned by written notice and in such form as shall be directed by the County Planning Commission. Complete and accurate records of numbers issued and assigned shall be kept in map form and such other forms as the County Planning Commission may direct.

7-19-1565 CONFLICT:

No department, official or public employee shall issue any number which is in conflict with the provisions of this Article or use or allow to be used any such conflicting number on any permit, license or other public record.

7-19-1570 USE OF NAMES AND NUMBERS:

After the date on which the provisions of this Article become applicable to any thoroughfare, all departments, officials and employees of the County of Tulare, in referring to such thoroughfare in any public record, shall employ the number or name and the descriptive title of the thoroughfare which have been established pursuant to this Article. Previous designations may also be used when necessary to correlate new and old designations.

7-19-1575 VIOLATIONS:

After the provisions of this Article become applicable to any area in the County of Tulare, every person owning, controlling or occupying any house, store, storeroom or building required by this Article to be numbered, who fails, neglects or refuses to procure, place, attach or maintain numbers on such premises and remove old numbers as provided herein, or who fails to place, attach or maintain the appropriate numbers on any new or altered structures within thirty (30) days after the completion or occupancy of such structure, whichever comes first, shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code. Each day during which a violation occurs shall constitute a separate offense.

7-19-1580 MAPS: NOT INCLUDED:

Maps of the Specific Plan of Street Names and Numbers and House Numbers and amendments adopted heretofore or hereafter under this Article shall not be included in or made a part of this Code. Some of said maps have been designated as parts of the "Official" Plan of Street Names and Numbers and House Numbers because they were adopted prior to the time in 1953 that the former Planning Law of the State of California (Government Code section 65000 et seq.) changed the designation "official plans" to "precise plans." Also, some of said maps have been designated as parts of the "Precise" Plan of Street Names and Numbers and House Numbers because they were adopted prior to the time that the Planning and Zoning Law of the State of California (Government Code section 65000 et seq.) changed the designation "precise plans" to "specific plans."