Chapter 17.01 — INTRODUCTION

This Title (Title 17) shall be known as the Zoning Ordinance of the City of Beaumont and may also be referred to hereinafter as the Zoning Ordinance. This Zoning Ordinance was adopted pursuant to Article XI, Section 7 of the Constitution of the State of California and was prepared in compliance with the requirements of Title 7 of the Government Code. This Zoning Ordinance is enacted pursuant to the authority vested in the City of Beaumont by the State of California Constitution, the State of California Planning, Zoning, and Development Laws (Government Code Sections 65000 et seq.), the State of California Subdivision Map Act (Government Code Section 66510 et seq.), and the State of California Health and Safety Code. The City of Beaumont Zoning Ordinance consists of the following:

A.

Zoning Ordinance. The Zoning Ordinance establishes zoning districts (also referred to as zones) that govern the use of land, indicates standards for structures and improvements that are permitted within the various zones, and establishes procedures for the granting of permits and entitlements.

B.

Zoning Map. The zoning map delineates the boundaries of the zoning districts that are applicable to specific properties within the City.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The primary purpose of this Zoning Ordinance is to serve the public's health, safety, and general welfare through the promotion of compatible land uses. Additional objectives of this Zoning Ordinance include the establishment of development standards related to health and safety, the protection and enhancement of the environment, the maintenance of property values, and the enhancement of the City's appearance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

All City departments, officials, and public employees vested with the authority to issue permits or licenses, must comply with the provisions of this Zoning Ordinance. No license or permit for uses or structures that would be in conflict with this Zoning Ordinance shall be issued or otherwise permitted. The following will apply in the interpretation of certain provisions of this Zoning Ordinance:

A.

Uncertainty in Interpretation. Where uncertainty exists regarding the interpretation of any provision of this Zoning Ordinance, or its application to a specific case or situation, the Community Development Director is authorized to interpret the intent of the provision in question. Thereafter, the Community Development Director's interpretation shall apply in all similar situations, unless modified by the Planning Commission or City Council, on appeal.

B.

Abrogation of Other Regulations. No provision of this Zoning Ordinance is intended to abrogate or interfere with any deed restriction, covenant, easement, or other legal agreement or any such agreements that are more restrictive than those provisions contained within this Zoning Ordinance.

C.

Preemption. In those instances where this Zoning Ordinance imposes greater restriction than that required by an existing regulation, this Zoning Ordinance will preempt the existing regulation. The following rules that govern the preemption of any existing code(s) and regulation(s), shall apply:

1.

The provisions of this Zoning Ordinance shall not be interpreted to repeal, amend, modify, alter, or change any other code or regulation that was not specifically repealed, amended, modified, altered, or changed.

2.

Nothing in this Zoning Ordinance shall be interpreted to authorize the use of a lot or parcel in any manner that is in violation of any other applicable statute, code, or regulation.

3.

Whenever the provisions of this Zoning Ordinance are different from the provisions of any other ordinance, regulation, adopted code, the more restrictive provisions shall apply.

4.

The rights granted by any permit, license, or other approval under any ordinance repealed by this Zoning Ordinance will be permitted to continue. In the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this Title.

D.

Severability of this Zoning Ordinance. This Zoning Ordinance is severable in the event that any part, sentence, paragraph, section, or clause is found to be unconstitutional or otherwise invalid. In such instances, the remainder of this Zoning Ordinance shall not be affected.

E.

Limitations of Land Use. Except as provided in this title, no building shall be erected, reconstructed, or structurally altered nor shall any building or land be used for any purpose except as that specifically permitted in this Zoning Ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Zoning Ordinance shall take effect within 30 days from its adoption by the City Council.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.02 - ADMINISTRATION AND ENFORCEMENT

The purpose of Chapter 17.02 is to outline those activities and/or procedures that will implement this Zoning Ordinance. The purpose of this section of the Zoning Ordinance is to accomplish the following:

A.

To identify each reviewing and approval authority within the City of Beaumont along with their powers, duties, and related information;

B.

To identify the steps necessary to obtain the requisite City approvals related to land use and development;

C.

To establish and identify the procedures for filing applications for permits and other approvals; and,

D.

To establish and identify the appeal process.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.02.020 - Community Development Director duties and responsibilities.

The Community Development Director shall be responsible for the enforcement of the Zoning Code and shall have the authority to undertake the activities and duties indicated in this section.

A.

The Community Development Director shall administer the Zoning Ordinance;

B.

The Community Development Director shall consider and approve administrative plot plan applications which are in conformance with applicable zoning standards and which do not require a public hearing;

C.

The Community Development Director shall review and make recommendations to the Planning Commission and the City Council on planning applications, land use and planning issues, or other activities as may be directed by the City Council, the Planning Commission, or the City Manager;

D.

The Community Development Director shall assist applicants in the submittal of development applications; and,

E.

The Community Development Director shall review and make recommendations to the Planning Commission and City Council on all applications and any attendant approvals and environmental documents.

F.

The Community Development Director, upon written request or upon their own initiative, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitted use or a conditional use in one or more zones. Before permitting or classifying an unlisted use, the director shall first determine that all of the following conditions exist:

(1)

The proposed use would meet the objectives of the zone;

(2)

The proposed use and its operation are compatible with the uses permitted in the zone; and

(3)

The proposed use is similar to one or more uses in the zone.

(4)

The director shall notify the planning commission and city council of determination of use.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1151, § 4(Exh. A), 11-15-2022)

The duties of the Planning Commission are outlined in this section.

A.

The Planning Commission shall instruct the Community Development Director to exercise administrative duties where applicable;

B.

The Planning Commission shall conduct public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans;

C.

The Planning Commission shall conduct public hearing to recommend approval (to the City Council) of all the tentative parcel maps and tentative tract maps;

D.

The Planning Commission shall consider the appeals of determinations made by the Community Development Director regarding site plan reviews, signage plans, and temporary use permits; and,

E.

The Planning Commission shall conduct public hearings to approve plot plans, variances and conditional use permits.

Table 17.02-1 identifies the permits and approvals that may be necessary as required by this Zoning Code, as well as approving authority and appeal body.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1179, § 2(Exh. A), 2-18-2025)

Applications for permits, permit modifications, amendments, and other matters pertaining to the Zoning Code, shall be filed with the Planning Department on the appropriate City application form. The following procedures apply to the granting of a development application:

A.

Submittal Information. All plans, and any other information required by the Planning Department shall be submitted with the application form. Applications shall be completed by the owner(s) of properties, their agents, or other persons who have written authority from the property owner(s) to complete and file the application on the owner's behalf. Any person or authorized representative desiring a permit or approval required by this Title, shall file an application with the Planning Director or the designee on forms provided by the Planning Director.

B.

Pre-application Meeting. Prior to the filing of an application for any discretionary permit requiring approval by the Planning Commission or City Council, the applicant may request a pre-application conference with the Community Development Director or the designee. The purpose of the pre-application conference is to advise the applicant of the development regulations applicable to the property for which the application is being filed and to review any preliminary site plan or other development plans the applicant may have prepared.

C.

Application is Deemed Completed. No application shall be processed until it is deemed complete by the Community Development Director or the designee. No application shall be deemed complete until all required information is provided in the required quantity and format.

D.

Concurrent Applications. Whenever more than one permit or approval is required for a proposed Project or use, all applications shall be filed and processed concurrently. All such related applications will be reviewed in accordance with the procedures set forth for the application requiring the highest level of review.

E.

Application Fees. Each applicant for a land use action authorized by this Zoning Ordinance shall pay those fees and costs as established by resolution of the City Council.

F.

Re-submittal of Application. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the denial, unless the Community Development Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Changed conditions shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

For applications requiring a public hearing, upon accepting an application as complete, the Planning Director shall establish the time and place of the public hearing consistent with the requirements of this

Section. The City Council shall have the authority to change the time or place of a hearing. The hearing body for any given matter shall be determined based upon the nature and type of permit as set forth in this Zoning Ordinance. However, in all cases, the hearing shall be held within 30 days of the date on which the application has been accepted as complete, unless a longer time period is required to accommodate the requisite environmental review under the provisions of the California Environmental Quality Act.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The procedures for the noticing of public hearings are indicated in this section.

A.

Newspaper Publication. The notice of the public hearing shall be published in a newspaper of general circulation not less than ten days prior to the date of the hearing, or as prescribed in the California Environmental Quality Act where relevant. The notice shall include the time, place, and identity of the hearing body or officer, the nature of the application, the application number, and the location of the property under consideration.

B.

Notice to Surrounding Properties. Notice shall be given to all owners of property located within the designated radius of the exterior boundaries of the subject property pursuant to the requirements of the State of California Planning and Zoning Development Law.

C.

Additional Notice. Additional notice of the hearing shall be provided in accordance with procedures established by the Planning Commission and as may be required under the California Environmental Quality Act.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

When notice of a public hearing is given, the documentation indicated in this section shall be deemed sufficient to serve as proof that such notice was given.

A.

Affidavit of Publication Required. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made is required.

B.

Affidavit of Mail Delivery Required. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made.

C.

Failure to Comply. Failure to send notice to any property owner whose address is not on the most recent roll of the Riverside County Assessor shall not invalidate any of the proceedings.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The conduct of the public hearing(s) must include the following elements identified in this section.

A.

Discretionary Review. At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the Community Development Director or his designee based on City staff's investigation of the application.

B.

The Applicant's Rights at Public Hearing. During any public hearing, the applicant for the application shall have the right to be represented to provide testimony and to present evidence.

C.

The Public's Rights at Public Hearing. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

D.

Discretionary Action. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement, the subject of the public hearing.

E.

Continuation of Public Hearing. If the action is taken to continue the item being considered or to take the matter under advisement, before adjournment or recess, the person presiding at the public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required.

F.

Final Decision. The decision of the hearing body shall be considered final unless a decision is appealed. In all cases, the City Council shall represent the final authority.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An applicant is afforded the right to appeal a decision made by the Community Development Director and/or the Planning Commission. The appeals procedures are indicated in this section.

A.

Appeal of Community Development Director's Decision. Decisions of the Community Development Director, authorized by this Zoning Ordinance, may be appealed to the Planning Commission. All such appeals shall be filed in writing with the Secretary of the Planning Commission.

B.

Appeal of Planning Commission Decision. All actions and decisions of the Planning Commission, authorized by this Zoning Ordinance, may be appealed to the City Council. All such appeals shall be filed in writing with the City Clerk.

C.

Persons Eligible to File an Appeal. Any person may appeal a decision or action of the Community Development Director or Planning Commission, in accordance with the terms of this Zoning Ordinance.

D.

Time Limit for Filing an Appeal. All appeals must be filed within 15 calendar days of the date of the rendering of the decision. If the 15th day occurs on a holiday or weekend, the appeal period shall be extended to the next City workday. No appeal shall be accepted after the appeal period has expired.

E.

Appeals Form. All appeals must be submitted in writing on the appropriate form provided by the City. The appeal must specifically state the grounds for the appeal and instances in which the review body erred in reaching the particular determination subject to the appeal.

F.

Payment of Fees. A fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the City Council.

G.

Scheduling of Public Hearing. Within 15 days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Community Development Director decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) shall set the matter for public hearing. The hearing shall be noticed as provided for in Section 17.42.

H.

Findings. All actions to affirm, reverse, or modify in whole or part any decision of the Community Development Director or Planning Commission shall be made with supporting findings for the affirmation, reversal, or modification.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Zoning Ordinance; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 17, the Community Development Director shall have the authority to initiate revocation proceedings.

A.

Public Hearing Required for Revocation. The Community Development Director shall schedule a hearing before the Planning Commission for the purpose of considering revocation of the permit or approval. In the case where the Planning Commission's original action consisted of a recommendation to the City Council, the Planning Commission's action on the revocation shall also consist of a recommendation to the City Council, and the City Council shall have the authority to revoke the permit or approval.

B.

Written Notice to Permittee. At least 30 days prior to the revocation hearing, the permittee (the owner of the property, use, or business subject to the revocation) subject to the revocation hearing shall be given written notice of the City's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.

C.

Public Notice. At least ten days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval.

D.

Evidence in Support of Motion. At the hearing, the Community Development Director shall present evidence supporting the motion for the revocation of the permit or approval. The permittee shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Purpose. The purpose of a plot plan is to provide a process for the review and approval or denial of applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. The plot plan process is intended to encourage site and structural improvements which:

1.

Promote excellence in site planning and design;

2.

Respect the physical and environmental characteristics of the site; and

Ensure projects support the goals and objectives of the General Plan and other adopted City plans.

B.

Applicability.

1.

Major Plot Plan. A major plot plan is required for the following projects:

a.

Any new nonresidential development with over 10,000 square feet of new gross floor area except as follows:

(i)

Over 25,000 square feet of new or expanded gross floor area in commercial or mixed use zones not adjoining any residential zone; and

(ii)

Over 50,000 square feet of new or expanded gross floor area in industrial zones not adjoining any residential zones.

b.

Any new multi-family residential projects or project (including attached townhomes) with ten or more units, or new subdivisions with ten or more single-family dwellings project.

c.

Where required in applicable specific plans.

2.

Minor Plot Plan. A minor plot plan is required for the following projects:

a.

Any new nonresidential development with up to 10,000 square feet of new gross floor area, except as follows:

(i)

Up to 25,000 square feet of new floor area in commercial or mixed use zones not adjoining any residential zone;

(ii)

Up to 50,000 square feet of new floor area in industrial zones not adjoining any residential zones.

b.

Any new multi-family residential development (including attached townhomes) or new single-family subdivision with two to ten units, consistent with this Title.

c.

Any additions or expansions to existing multi-family residential, commercial, industrial, or mixed-use buildings unless exempted in accordance with Subsection 17.D.04.020.B.3 (Exemptions from plot plans).

d.

Minor changes to the exterior of existing nonresidential buildings that require a building permit. This includes, but is not limited to, facade changes, changes in materials, relocation of storefront doors, and relocation and infill of windows or other openings.

e.

The construction of a new accessory structure or building consistent with this Title, unless exempt consistent with Subsection 17.D.04.020.B.3 (Exemptions from plot plans).

f.

Accessory dwelling units consistent with Subsection 17.C.10.030.D.1 (Minor plot plan required).

g.

The construction of a new commercial, industrial, mixed-use, or multi-family parking lot.

h.

Where required in applicable specific plans.

i.

Any other project that is not subject to a major plot plan and is not exempt by Subsection 17.D.04.020.B.3 (Exemptions from plot plans).

3.

Exemptions from Plot Plans. The following projects are exempt from the requirements for a plot plan and are only reviewed with an application for a building permit, if required:

a.

Single-family and multi-family projects that comply with the City's residential objective design standards at Sections 17.C.10.210 (Single-family dwellings) and 17.C.10.180 (Multi-family dwellings) and are eligible for ministerial review consistent with state law.

b.

Additions and alterations to existing buildings and structures that will not increase the gross floor area of the building by more than ten percent or 5,000 square feet, whichever is less; will not involve any alterations along any street-facing façade; and will match the existing or historic design of the building.

c.

Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued plot plan or landscape plan.

d.

Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re-roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public.

e.

Changes to exterior building colors; addition, modification, or removal of minor architectural elements.

f.

Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.

g.

Construction of fences and walls that are consistent with Section 17.C.02.030 (Fences and walls) and this Title.

h.

Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.

i.

New accessory structures that are exempt from obtaining a building permit.

C.

Application Requirements. A plot plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this section.

D.

Authority. The review authorities for major plot plans and minor plot plans are identified in Table 17.D.02.030-A (Review authorities) and Subsection 17.D.04.020.B (Applicability), subject to Subsection 17.D.02.040.B.3 (Multiple applications) and Subsection 17.D.02.040.O (Appeals).

E.

Approval Procedures.

1.

Director Evaluation. After a proposed plot plan application has been deemed complete, the Director shall review the plot plan application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

2.

Major Plot Plan Hearing. The review authority shall conduct a public hearing on a Major Plot Plan consistent with Subsection 17.D.02.040.G (Public hearings).

3.

Minor Plot Plan Review. The Director shall approve or deny a minor plot plan in compliance with the findings provided in Subsection 17.D.04.020.F (Findings).

F.

Findings. The review authority may approve a plot plan, with or without conditions of approval, only after making the following findings as applicable:

1.

Findings for All Plot Plans:

a.

The proposed project is consistent with this Title;

b.

The proposed use and project are consistent with the goals and policies of the General Plan;

c.

The project will not be detrimental to public health, safety, and general welfare; and

d.

The proposed project is in compliance with the provisions of California Environmental Quality Act.

2.

Findings for Specific Projects:

a.

The proposed use and project are consistent with the goals and policies of any specific plan, if applicable.

b.

The proposed siting, form, architectural style, materials, and other elements of single-family residential and multi-family residential developments are consistent with Section 17.C.10.210 (Single-family dwellings) and Section 17.C.10.180 (Multi-family dwellings).

c.

The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The review authority's decision shall be in compliance with Subsection 17.D.02.040.H (Findings and decision).

2.

Appeals. The review authority's decision may be appealed as provided in Subsection 17.D.02.040.O (Appeals).

3.

Expiration, Extensions, and Revisions. Plot plans are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of time) and Subsection 17.D.02.040.M (Revisions to an approved project).

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1151, § 4(Exh. A), 11-15-2022; Ord. No. 1179, § 2(Exh. A), 2-18-2025)

17.02.080 - Zone changes.

In recognition of that fact that physical, economic, and other conditions in the City may change over time, provisions are hereby made to allow for amendments to the zoning map and Zoning Ordinance text in accordance with the procedures outlined in this Section. All such changes of zone or zoning ordinance text amendments shall be adopted in the manner in which other City ordinances are adopted.

A.

Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate applications for a change of zone or zoning ordinance text amendment. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

Zone Changes for Properties Under Multiple Ownership. In the case of a change of zone application, if the property for which the change of zone is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

City Council Initiated Zone Change. The City Council may initiate an application to change the boundaries of any zone district or to amend the text of the zoning ordinance.

D.

Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Chapter 17.02 (Sections 17.02.051 to 17.02.053).

E.

Recommendation of Zone Change by Planning Commission. The Planning Commission shall recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission's recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.

F.

Denial of Zone Change by Planning Commission. Upon receipt of a Planning Commission recommendation for denial of a change of zone, the City Clerk shall place the Commission's recommendation on the City Council agenda as a receive-and-file item. The Commission's decision shall be considered final and no further action by the Council will be required unless an appeal is filed in accordance with the provisions of this Zoning Ordinance (Section 17.02.060, Appeals), or unless the Council chooses to set the matter for hearing.

G.

City Council Public Hearing. Upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution.

H.

Referral of Matter Back to the Planning Commission. If the Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 40 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation.

I.

Approval of Zone Change by City Council. The City Council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:

1.

That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan; and

2.

That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties; and

3.

That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Section is established pursuant to Section 65358 of the California Government Code, to allow for the amendment of the City of Beaumont General Plan.

A.

Providing Proof of Vested Interest. Applications to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply, prior to the acceptance of any application.

B.

General Plan Amendments for Properties Under Multiple Ownership. In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

City Council Initiated General Plan Amendment. The Community Development Director and/or City Council may initiate an application to amend the General Plan.

D.

Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Section 17.02.051. At the public hearing, the Planning Commission

shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 17, the balance of the General Plan, and development policies of the City.

E.

Planning Commission Action. The Planning Commission shall act to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission's action shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council.

F.

City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.42 [17.02.050] (Public Hearings). At the hearing, the City Council shall review the Commission's recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Zoning Ordinance, the balance of the General Plan, and development policies of the City.

G.

City Council Action. The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council's action to amend the General Plan shall be by formal resolution.

H.

Referral of General Amendment to the Planning Commission. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 40 days of receiving the City Council's request shall provide the City Council with authority to act without the Planning Commission's recommendation.

I.

Required Findings. Prior to approving a General Plan amendment, the City Council shall make the following findings:

1.

That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

2.

That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan;

3.

That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and

4.

In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose. The Planning Commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

A.

Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a conditional use permit. The authorized agent of any person with a legal vested interest may also initiate an application. Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

Scope of Application. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

C.

Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040).

D.

Review of Application by Community Development Director. The Community Development Director or his designee, shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application.

E.

Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in subsection G of this section (Required Findings).

F.

Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations).

G.

Findings of Approval. The Planning Commission may approve and/or modify a conditional use permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made:

1.

The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance;

2.

The proposed use would not impair the integrity and character of the zone in which it is to be located;

3.

The subject site is physically suitable for the type of land use being proposed;

4.

The proposed use is compatible with the land uses presently on the subject property;

5.

The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

6.

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

7.

There would be adequate provisions for public access to serve the subject proposal;

The proposed use is consistent with the objectives, policies, general land uses, and programs of the City of Beaumont General Plan;

9.

The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and

10.

The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood.

11.

The Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations.

12.

This subsection G shall apply only to the uses identified in Chapter 17.03. This subsection shall not invalidate any conditional use permit for an operating facility but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision.

13.

Group or Community Care Facilities, regardless of size, shall only be required to comply with objective standards and findings for approval.

H.

Imposition of Conditions of Approval. The following provisions shall apply with respect to the imposition of conditions of approval:

1.

In granting a conditional use permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community.

2.

All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development.

3.

A deed restriction may be recorded with the County Recorder of Riverside County, as approved by the City Attorney, regarding the conditions of this section and other requirements of the conditional use permit.

I.

Conditional Use Permit, Attachment, Suspension, and Revocation. A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Title 17 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a conditional use permit pursuant to provisions set forth in Section 17.02.61.

J.

Conditional Use Permit Time Limits. The grantee of a conditional use permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved; or

3.

In the event no building permit or occupancy is required, the site for which the conditional use permit was approved is occupied and used for the permitted purpose; or

4.

Prior to the date on which the conditional use permit will elapse, the grantee files an application to renew the permit pursuant to subsection K below.

K.

Conditional Use Permit Lapse in Time. A conditional use permit subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. A public hearing before the Planning Commission shall be required.

L.

Conditional Use Permit Renewal. The Planning Commission may grant or deny an application for renewal of a conditional use permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties.

M.

Lapsing in Conditional Use Permit. If any conditional use permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022))

The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

A.

Limitations in Variances. Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Zoning Ordinance governing that property. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit. Financial hardship in and of it does not represent grounds on which to file a variance application to gain relief from zoning provisions.

B.

Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a variance. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

C.

Notice of Public Hearing. An application shall be filed pursuant to the provisions of Section 17.02.051.

D.

Filing of Application. In addition to the application filing requirements established in this Zoning Ordinance, the applicant shall file a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this ordinance, together with any other data pertinent to the application and the making of requisite findings (Section 17.02.040).

E.

Review of Application by Community Development Director. The Community Development Director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application.

F.

Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this ordinance difficult.

G.

Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Section 17.02.060 (Appeals and Revocations).

H.

Findings of Approval. In granting a variance, the Planning Commission must make all of the following findings:

1.

That the strict or literal interpretation and application of this Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Zoning Ordinance, or would deprive applicants of privileges granted to others in similar circumstances; and

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and

3.

That the granting of such variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and

4.

That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and

5.

That the granting of such variance will not create any inconsistency with any objective contained in the General Plan.

I.

Imposition of Conditions of Approval. A variance that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for

the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

J.

Conditions of Approval will be Binding. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a variance pursuant to provisions set forth in Section 17.02.61.

K.

Time Limits. The grantee of a Variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the variance shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved; or

3.

In the event no building permit or occupancy is required, the site for which the variance was approved is occupied; or

4.

Prior to the date on which the variance will elapse, the grantee files an application to renew the permit pursuant to subsection L below.

L.

A variance subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date.

M.

The Planning Commission may approve or deny an application for renewal of a variance. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the variance and surrounding properties.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The modification of standards procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of

the structure, or addition to a structure, proposed.

A.

Use of Modification of Standards. An application for the purposes of this Section, a modification of standards application shall be filed whenever any one of the following deviations from the provisions of this Title 17 is proposed:

1.

A decrease of not more than 20 percent of the minimum required setback area.

2.

An increase of not more than ten percent of the maximum permitted building height.

3.

Any deviation in the permitted maximum height or location of a fence or wall.

4.

An increase of not more than ten percent of the maximum permitted lot coverage.

5.

A decrease of not more than 20 percent of the minimum usable open space requirement.

6.

Any deviation in the applicable development standards of not more than 20 percent to allow for improved productivity of solar energy systems.

7.

A decrease of not more than 20 percent of the minimum number of required parking spaces.

a.

If a fractional number is obtained with this calculation, the number of parking spaces that may be reduced shall be rounded up to the next highest whole number, except that the parking requirement shall not be reduced to zero (e.g., if two to four parking spaces are required, a minor modification approval could reduce the requirement by one parking space).

8.

Modifications in excess of those cited in subparagraph 1 through 7 above shall require a variance.

B.

Modification of Standards, Initiation. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a modification of standards. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. In addition to the application filing requirements, the applicant shall file a statement of the precise nature of the modification of standards requested and reasons for the request.

C.

Community Development Director Investigation. The Community Development Director or the designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The Community Development Director may request written statements from adjoining property owners who may be affected by the proposed application.

D.

Community Development Director Action. Based on the investigation undertaken pursuant to C above, the Director or designee shall act to approve, approve with conditions, or deny the modification of standards application. In granting a modification of standards, the Director or designee shall make findings of fact that establish the circumstances appropriate for the approval. Action on a modification of standards application shall be taken within ten days of the date the application is deemed complete.

E.

Modification of Standards Findings. An application shall not be granted unless all of the following findings can be made:

1.

A modification is needed to allow property to be used in a more beneficial manner; and

2.

A modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and

3.

The granting the modification would not grant special privileges to the applicant not enjoyed by surrounding property owners; and

4.

There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations; and

5.

The purpose of modification is not based exclusively on the financial advantage of the owner; and

The alleged difficulties were not created by the owner; and

7.

The modification would not diminish property values in the area;

8.

The modification would not increase traffic or endanger public safety; and,

9.

The modification would not have detrimental effects on adjoining properties.

F.

Modification of Standards, Attachment, Revocation, and Suspension. A modification of standards that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a modification of standards pursuant to provisions set forth in Section 17.02.61.

G.

Modification of Standards, Time Limits. The grantee of a modification of standards shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the modification of standards was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the modification of standards was approved; or

3.

In the event no building permit or occupancy is required, the site for which the modification of standard was approved is occupied; or

4.

Prior to the date on which the modification of standards will elapse, the grantee files an application to renew the permit pursuant to subsection 5 below.

5.

A modification of standards approval subject to lapse may be renewed for an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date.

H.

Approval or Denial of Application. The Community Development Director may approve or deny an application for renewal of a modification of standards. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the modification of standards and surrounding properties.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This purpose of this section is to provide various levels of historic protection and review and to preserve existing elements of historic resources in the City. The City's intent is to be lenient in its review of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic value of surrounding structures. The establishment of a certificate of appropriateness is intended to protect structures of historic significance including areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal.

A.

Applicability.

1.

A certificate of appropriateness is required for the exterior alteration, demolition, removal, or relocation of any historic resource or potential historic resource. A historic resource includes:

a.

A resource identified in a City-approved historic or cultural resources study;

b.

A structure over 50 years old; and/or

c.

A structure potentially eligible for registration on a local, state, or national register.

2.

The following activities do not require approval of a certificate of appropriateness:

a.

Painting, routine maintenance, or minor repair, as determined by the Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of the historic resource. Such work includes:

1.

Alterations to the interior of the structure that do not have the possibility of adversely affecting the integrity of the historic resource;

2.

Repairing pavement or repaving flat concrete work that is not considered a character-defining feature of the historic resource;

3.

Landscaping, unless the landscaping is considered a character-defining feature of the historic resource;

4.

Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as a historic resource;

5.

Re-glazing windows;

6.

Replacement of incompatible windows or doors with more historically appropriate windows or doors;

7.

In-kind replacement of windows and doors on side and rear façades not readily visible from the public right-of-way;

8.

Minor changes to front and street side fences;

9.

Construction, repair, demolition, or alterations to side and rear yard fences;

10.

Roofing work, if there is minimal change in roof structure and exterior appearance;

11.

Foundation work, if there is minimal change in exterior appearance; and/or

Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding.

B.

Review Procedure.

1.

Community Development Director review. Minor modifications that do not involve new construction, additions to existing structures, or demolition of existing structures shall be subject to review and approval or denial by the Director.

2.

Planning Commission review. All other modifications that do not meet the criteria for Director review as specified above shall be subject to review and approval or denial by the Commission. The Commission shall conduct a public hearing on the request in compliance with Section 17.02.053 (Public hearing, procedures).

3.

Notice. Noticing for a certificate of appropriateness shall be provided in compliance with Section 17.02.051 (Public hearings, noticing); however, the notice for a certificate of appropriateness subject to Director review shall state the following:

a.

The Director will decide whether to approve or deny the certificate of appropriateness on a date specified in the notice; and

b.

A public hearing will be held by the Director only if requested in writing by any interested person before the specified date for the decision.

4.

Community Development Director public hearing. If a public hearing is requested in writing for a certificate of appropriateness application subject to Director review, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.02.053 (Public hearing, procedures). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice.

C.

Findings of Approval. The review authority shall approve, with or without conditions, a certificate of appropriateness only after the following findings are made:

1.

Either, (a) the proposed work will neither adversely affect the significant features or character of a historic resource, or (b) a statement of overriding considerations has been adopted by the review authority finding that the benefits of the proposed work outweigh the impact on historic resources; and

2.

The proposed project is consistent with the General Plan and any applicable specific plan.

D.

Unsafe or Dangerous Conditions. None of the provisions of this section shall be construed to prevent any alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the Building Official or the Fire Chief and where the proposed measures have been declared necessary by such official to correct such conditions. Work shall be performed in compliance with the current adopted version of the Uniform Code for the Abatement of Dangerous Buildings. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this section.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This section outlines the procedures to ensure that the provisions of this Title are enforced.

A.

Special Prosecutor Responsibilities. The Special Prosecutor, upon the request of the City Council, shall institute any necessary legal proceedings to enforce this Zoning Ordinance (Title 17). The Special Prosecutor shall be authorized, in addition to any other remedy provided in this Zoning Ordinance to institute an action for an injunction to restrain or any other appropriate action or proceedings for enforcement.

B.

Clarification of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Zoning Ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries as set forth herein, it shall be the duty of the Community Development Director to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission shall be set forth in the recorded minutes. Thereafter, such interpretations shall govern.

C.

Enforcement and Penalty for Violation. The Planning Commission, the Community Development Director, the City Attorney, the City Clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this Zoning Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Zoning Ordinance shall be void.

D.

Actions Deemed a Nuisance. Any building or structure erected or maintained, or any use of property contrary to the provisions of this Zoning Ordinance shall be declared to be unlawful and a public nuisance, subject to abatement pursuant to the City of Beaumont Municipal Code.

E.

Remedies. All remedies concerning this Zoning Ordinance shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Chapter 17.03 - ZONING MAP AND ZONE DISTRICTS

The purpose of this Chapter 17.03 is to accomplish the following:

•

To implement the Community Development Element of the City of Beaumont General Plan and the Land Use Policy Map;

•

To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map;

•

To indicate the development standards for each of the Zone Districts; and

•

To identify the range of uses permitted within each Zone District.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the corporate boundaries of the City of Beaumont:

Recreation/Conservation Zone (R-C Zone)

Residential, Rural Zone (R-R Zone)

Residential, Single Family Zone (R-SF Zone)

Residential, Traditional Neighborhood Zone (R-TN Zone)

Residential, Multiple-Family Zone (R-MF)

Urban Village Zone (UV Zone)

Commercial, Neighborhood Zone (C-N Zone)

Community Commercial Zone (C-C Zone)

Manufacturing Zone (M Zone)

Public Facilities Zone (P-F Zone)

Overlay Zones (O Zone)

Specific Plan (SP Zone)

Additional zone classifications that apply to Downtown Beaumont are provided in Chapter 17.19.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.03.030 - Zoning map.

The location and boundaries of the various zones are delineated on the zoning map of the City of Beaumont. All property within the City, public and private, is assigned a specific Zone designation and its location and extent is noted on the official zoning map. The use of all property must be in accordance with the Zoning designations delineated on the zoning map and pursuant to the provisions of this Zoning Code.

A.

Use of Zoning Map and Classifications. The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance.

B.

Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply:

1.

Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries.

2.

Easements and Rights-of-Way. Dedicated streets, alleys, freeways, or railroad rights-of-way shall be deemed to be unclassified.

Vacated or Abandoned Property. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the Zoning of the adjoining property on each side.

4.

Amendments to the Official Zoning Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the zoning map shall be noted on the Map with the date of the amendment and references to the amending ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Recreation/Conservation Zone is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity.

A.

Recreation/Conservation Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section.

B.

Recreation/Conservation Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Recreation/Conservation Zone, Development Standards. The following standards shall apply to the Recreation/Conservation Zone (R-C Zone):

1.

Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone.

2.

Setbacks and Yards. All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a plot plan or conditional use permit for structural development.

3.

Building Height. In the RC Zone the maximum height of any building shall not exceed two stories or 35 feet, whichever is less.

D.

Recreation/Conservation Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Recreation/Conservation Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Recreation/Conservation Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Residential, Rural Zone (R-R Zone) is intended to provide for and encourage the development of agriculturally oriented low density residential development to take advantage of the rural environment.

A.

Residential, Rural Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Residential, Rural Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Residential, Rural Zone, Development Standards. The following standards shall apply to the Residential, Rural Zone (R-R Zone):

1.

Lot Area. The lot sizes shall not be less than 40 acres.

2.

Setbacks and Yards.

a.

Minimum yard requirements shall be 25 feet for the front yard, ten feet for the side yard, and 20 feet for the rear yard.

b.

A minimum setback of 50 feet shall be provided along property lines adjoining the R-C Zone.

3.

Building Height. In the R-R Zone the maximum height of any building shall not exceed two stories or 26 feet, whichever is less.

D.

Residential, Rural Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Residential, Rural Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Residential, Rural Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Residential, Single-Family Zone (R-SF Zone) is intended to protect established neighborhoods of onefamily dwellings and to provide space in suitable locations for additional residential, single-family development. To increase access to shopping, services, and amenities, the R-SF Zone allows for limited, appropriately located neighborhood supporting uses in specific locations.

A.

Residential, Single-Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Residential, Single-Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Residential, Single-Family Zone, Development Standards. The following standards shall apply to the Residential, Single-Family Zone (R-SF Zone):

1.

Lot Area and Dimension. The minimum lot area for lots within this zone is 7,000 square feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Residential, Single-Family Zone (R-SF Zone):

a.

Front Yard Setbacks. The minimum front yard setback is 20 feet for single level structures and 20 feet for two level structures. In no event shall a residence be situated in such a manner as to result in a distance of less than 20 feet between the back of a sidewalk and the face of a garage door.

b.

Rear Yard Setbacks. The minimum rear yard setback for single level structures is 20 feet except for those interior lots that border on an alley. A minimum rear yard setback of five feet is permitted for an accessory structure used for enclosed parking. The minimum rear yard setback for a two-level residential structures is 20 feet.

c.

Side Yard Setbacks. Interior side yard setbacks shall not be less than five feet on each side except that on interior lots of 70 feet or greater in width, side yard setbacks shall be at least five feet in width on one side and ten feet in width on the other side. Two story residences shall have a ten-foot side yard setback regardless of parcel width. Corner lots shall have a street side yard of at least ten feet from each side yard property line.

d.

Setbacks for Accessory Structures. Accessory structures, including second and guest units (as may be permitted by this Ordinance), detached garages, outbuildings, sheds, gazebos, and patios, shall comply with the front and side setback regulations applicable to the R-SF Zone. Such structures may be located in the rear yard areas subject to the following limitations:

1.

The height of any accessory structure shall not exceed the height of the principal residence on the site.

2.

Single-story accessory structures shall be located a minimum of ten feet from the principal residential structure; two-story accessory structures shall be located a minimum of 20 feet from the principal residential structure.

3.

A minimum rear setback of ten feet shall be maintained for any accessory structure.

4.

An accessory structure, or the total of all accessory Structures, shall in no event occupy more than 25 percent of the lot.

e.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Building Height. In the Residential, Single-Family Zone (R-SF Zone), the maximum height of any building shall not exceed 35 feet or two stories, whichever is less.

1 For commercial uses in the SFR Zone, a 25-foot side yard setback applies when adjacent to a residential use

4.

Floor Area Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only.

D.

Residential, Single-Family Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Residential, Single-Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Residential, Single-Family Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Pedestrian Access. Development projects that include 20 or more residential units shall provide on-site pedestrian connections to public sidewalks and transit stops.

H.

Single-Family Design Standards.

1.

Building Form and Visual Interest.

a.

Required Planes.

i.

Elevations Facing a Street, Public Right-of-Way, or Open Space. A minimum of four planes are required on any street-facing elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.

ii.

Interior Side and Rear Elevations. A minimum of two planes are required on any interior side or rear elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.

b.

Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

Figure 17.03-1. Limit on Blank Walls in Residential, Single-Family Zone

==> picture [216 x 205] intentionally omitted <==

c.

Allowed Roof Forms. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.

d.

Roof Design.

i.

When pitched roofs are used, the slope must be 3:12 to 5:12 ratio.

ii.

Eaves may not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7.

iii.

Parapet segments may not exceed 25 feet in length without a change in height at least 24 inches or a change in form.

iv.

Subdivisions with more than 20 units must include a minimum of three distinct roof forms.

2.

Entrances.

a.

Orientation. The primary entrance of any unit located along public rights-of-way or pathways must face public street or pathway. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.

b.

Protection. The primary entry must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet.

Figure 17.03-2. Entrance Protection

==> picture [216 x 138] intentionally omitted <==

Rear Access. Rear doors wider than three feet must be accessible by a landing area that is a minimum six feet in depth and a width that is no less than that of the door opening or three feet, whichever is greater. Doors three feet wide or less shall have a landing of a minimum depth of three feet and a width that is at least as wide as the size of the opening.

4.

Building Materials.

a.

Cladding Materials. Primary and secondary cladding materials are limited to:

i.

Three-step system in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed).

ii.

Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding.

(a)

All siding must be lap, vertical, or shingle.

(b)

Wood siding must be painted or stained and sealed.

iii.

Stone (natural or manufactured).

iv.

Metal.

v.

Brick/masonry.

vi.

Tile.

b.

Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

c.

Change in Exterior Building Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

d.

Material durability/protection.

i.

Exterior finish materials must have an expected lifespan of no less than 30 years.

ii.

Exterior timber must be protected from decay by stain and sealant.

iii.

Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

e.

Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

5.

Windows.

a.

All windows facing rights-of-way or public open spaces must be double-hung with operable sashes. Grids of small panes must be true divided lites separated by muntins or as approved by the Community Development Director.

Figure 17.03-3. Window Design

==> picture [240 x 132] intentionally omitted <==

b.

Window recess or trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

Figure 17.03-4. Window Trim or Recess

==> picture [216 x 126] intentionally omitted <==

c.

Reflective or opaque tinting of glazing is prohibited.

6.

360-Degree Design. All buildings must be designed with "360-degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

7.

Parking Design and Access.

a.

Driveways.

i.

For lots less than 70 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking.

ii.

For lots 70 feet wide or more, the width of a driveway to a two-car garage may not exceed 28 feet in width.

iii.

The minimum paved apron length is 20 feet.

iv.

Sidewalks may not encroach into the minimum driveway length area.

Figure 17.03-5. Driveway Design

==> picture [360 x 163] intentionally omitted <==

b.

Three-car garages. A garage with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, are allowed only on lots 85 feet wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet.

Figure 17.03-6. Three-Car Garages

==> picture [216 x 114] intentionally omitted <==

c.

Corner Lots. Corner lots and through lots are allowed one driveway. Where a lot has more than one approved garage, carport, or parking space, a second driveway may be allowed with Community Development Director and City Engineer approval.

d.

Carports and Detached Garages.

i.

Carports and detached garages must be constructed of the same materials and in the same style as the main building.

ii.

Carports are recommended to be solar ready.

e.

Garage Design.

i.

Garage doors must be recessed a minimum of six inches from the face of the garage.

ii.

Garage doors must be articulated with windows, paneling, recesses, or other details.

iii.

All two-car garages must have a minimum free and clear interior dimension of 23 feet by 22 feet, while onecar garages must have a minimum dimension of 13 feet by 22 feet.

iv.

Notwithstanding the design standards of this Chapter, all garage structures, attached or detached, must match the architectural design and detail of the existing building.

f.

Tandem Parking. Tandem parking must be allowed for single family residences and duplexes. However, tandem parking may not encroach into the public right-of-way.

g.

Continuous Walkway. A continuous paved walkway at least three feet wide must connect on-site side gates, driveways to garages, and the front door.

8.

Outdoor Lighting. All exterior doors, including garage doors, must be illuminated with outdoor light fixtures. See Chapter 8.50—Outdoor Lighting for additional standards.

9.

Additions/remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1164, § 2(Exh. A), 10-3-2023)

17.03.065 - Residential, Traditional Neighborhood (R-TN Zone).

The Residential, Traditional Neighborhood Zone is intended to provide a range of housing choices, including single-family and multi-family development and supporting neighborhood service uses within a walkable and well-connected setting.

A.

Residential, Traditional Neighborhood Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Residential, Traditional Neighborhood Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Residential, Traditional Neighborhood Zone, Development Standards. The following standards shall apply to the Residential, Traditional Neighborhood Zone (R-TN Zone):

1.

Lot Area and Dimension. Lot sizes for the Residential, Traditional Neighborhood Zone (R-TN Zone) shall not be less than 5,000 square feet with a minimum lot width of 50 feet and a minimum lot depth of 100 feet. Smaller lots may be allowed consistent with 17.11.030.D (Small Lot Development).

2.

Setbacks and Yards. The following setback requirements are applicable to the Residential, Traditional Neighborhood Zone (R-TN Zone):

a.

Front Yard Setbacks.

1.

The minimum front yard setback is 15 feet.

2.

The maximum front yard setback is 25 feet. The maximum setback requirement may be waived if the Director finds:

(a)

Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s);

(b)

The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or

(c)

A larger area is required to preserve existing mature trees or natural features.

b.

Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of five feet is allowed for a garage abutting an alley.

c.

Side Yard Setbacks.

1.

The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet.

2.

The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in Section 17.03.065.C.2.a.2.

d.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Building Placement Requirements.

a.

Building façade(s) shall extend a minimum of 50 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 50 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement.

b.

In the area between the minimum and maximum street side yard setback, 35 percent of the linear distance parallel to the street shall be occupied by a building façade(s).

Building Placement Requirements, R-TN Zone Exhibit

==> picture [396 x 306] intentionally omitted <==

4.

Density. The maximum density shall be twelve units per acre with an average of six units per acre, applied across the property.

a.

A studio or one-bedroom unit of no more than 750 square feet, excluding a garage, shall count as 0.5 of a unit.

b.

Density below four units per acre may be allowed subject to conditional use permit approval, if the Planning Commission finds that the lower density does not jeopardize the City's ability to satisfy its Regional Housing Need Allocation.

5.

Usable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Residential, Traditional Neighborhood Zone (R-TN Zone):

a.

For multi-family developments of fewer than 20 units, each unit shall have a minimum of 100 square feet of usable open space.

b.

For multi-family developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space, and common usable open space at an equivalent of 200 square feet per unit

c.

The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable").

6.

Building Height. In the Residential, Traditional Neighborhood Zone (R-TN Zone), the maximum height of any building shall not exceed 35 feet.

7.

Floor Area Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only.

D.

Residential, Traditional Neighborhood Zone, Off street Parking.

1.

Parking shall not be located in the front setback unless the Director makes the following findings:

a.

Buildings comply with the maximum front setback requirement;

b.

Parking located within the front setback is in the driveway of a single-family home or a duplex; or

c.

The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and

d.

Requirements in Chapter 17.05 are complied with.

2.

Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Residential, Traditional Neighborhood Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Residential, Traditional Neighborhood Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Maximum Block Length. Block length is limited to 600 feet measured from curb edge to curb edge.

H.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

I.

Supplemental Multiple Family Design Standards. The following standards apply to multiple family developments, including attached single unit developments, in the R-TN, R-MF, UV, TOD Overlay, DMF, DMU, SSMU, and SSMU-R zones.

1.

Building Scale and Massing.

a.

Street-facing Facades. Along the front and street side façade, the fourth story must be stepped back a minimum six feet from the ground floor façade.

b.

Interior Side and Rear Facades. Along the interior side and rear façade, when abutting a single-family residential zone, building massing is limited by a 45-degree plane beginning at 24 feet above the interior or rear minimum setback line.

Figure 17.03-7. Required 45-Degree Plane

==> picture [264 x 229] intentionally omitted <==

2.

Building Design.

a.

All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement.

Figure 17.03-8. Façade Articulation, Multiple Family Development Requirements Exhibit

==> picture [384 x 101] intentionally omitted <==

b.

Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building.

c.

Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through two or more of the following:

i.

Change in color

ii.

Change in material

iii.

Cornice/belt course at the bottom of the uppermost floor

iv.

Change in roof pitch, such as a gable, or an upper-story step-back

Figure 17.03-9. Building Façade Elements Exhibit

==> picture [264 x 195] intentionally omitted <==

d.

Staggering of Attached Units. For attached townhouse and rowhouse development, facades of adjacent attached units must be staggered a minimum of 12 inches in plan view to avoid monotony in design.

e.

Privacy.

i.

Upper-story balconies, roof decks, and other habitable outdoor space must maintain a minimum 10 feet clear from the property line abutting a lower-intensity residential zone and must include an opaque wall at least four feet in height as measured from the floor of the open space.

ii.

Floor-to-ceiling windows are not allowed on upper-story facades within 10 feet of a property line abutting a lower-intensity residential zone.

f.

Wrap-around Balconies and Decks.

i.

All balconies and decks that turn the corner of a building must be fully covered.

ii.

Required coverings must be architecturally consistent with the design features of the ground floor.

g.

Roof Design. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.

i.

When pitched roofs are used, the slope must be 3:12 to 5:12 ratio.

ii.

Eaves must not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7.

iii.

Street-facing eaves and overhangs that exceed 18 inches in depth must be either fully stuccoed on the underside or must incorporate a visible pattern of exterior brackets or beams.

iv.

Parapet segments may not exceed 25 feet in length without a change in height of at least 24 inches or a change in form.

v.

The roof line at each elevation of attached units shall demonstrate an offset of at least 24 inches for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet in length without a minimum 18-inch offset.

Figure 17.03-10. Roof Line, Multiple Family Development Requirements Exhibit

==> picture [360 x 135] intentionally omitted <==

h.

Transparency and Blank Walls.

i.

At least 75 percent of the façade of each building adjacent to a street shall be occupied by habitable space with windows.

ii.

Each street-facing building façade shall have at least one pedestrian entry into the structure.

iii.

No wall on any level may run in a continuous plane of more than 12 feet without a projection, offset, or recess of the building wall at least 18 inches in depth.

Figure 17.03-11. Required Facade Articulation

==> picture [240 x 209] intentionally omitted <==

i.

Building Materials. Primary and secondary cladding materials are limited to:

i.

Three-coat stucco in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed).

ii.

Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding.

(a)

All siding must be lap, vertical, or shingle.

(b)

Wood siding must be painted or stained and sealed.

iii.

Stone (natural or manufactured).

iv.

Metal.

v.

Brick/masonry.

vi.

Tile.

j.

Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

k.

Changes in Exterior Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

l.

Material Durability/Protection.

i.

Exterior finish materials must have an expected lifespan of no less than 30 years.

ii.

Exterior timber must be protected from decay by stain and sealant.

iii.

Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

m.

Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

Windows.

a.

Window Recess or Trim. Trim at least two inches in width and ¾-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

Figure 17.03-12. Window Design

==> picture [312 x 182] intentionally omitted <==

b.

Reflective or opaque tinting of glazing is prohibited.

4.

Building Entrances.

a.

All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.

b.

Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street.

c.

Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet.

d.

Multi-family building frontages must take one of the following forms:

i.

Porch. Individual covered porch frontages with dimensions as indicated below:

(a)

Porch clear width: Minimum 12 feet.

(b)

Porch clear depth (excluding stairs): Minimum 8 feet.

(c)

Porch finish level above sidewalk: Minimum 18 inches.

(d)

Porch clear height: Minimum 8 feet, maximum 12 feet.

Figure 17.03-13. Porch Frontage Exhibit

==> picture [360 x 138] intentionally omitted <==

ii.

Stoop. Individual covered stoop frontages with dimensions as indicated below:

(a)

Stoop width: Minimum 5 feet, maximum 8 feet.

(b)

Stoop depth: Minimum 4 feet, maximum 8 feet.

(c)

Stoop height above sidewalk: Minimum 18 inches.

(d)

Stoop entry recession: Minimum 6 inches, maximum 6 feet.

(e)

Stoop clear height: Minimum 8 feet.

Figure 17.03-14. Stoop Frontage Exhibit

==> picture [361 x 138] intentionally omitted <==

iii.

Dooryard. Individual covered dooryard frontages with dimensions as indicated below:

(a)

Dooryard width: Minimum 5 feet, maximum 8 feet.

(b)

Dooryard depth: Minimum 4 feet, maximum 8 feet.

(c)

Dooryard overhead projection depth: Maximum 6 feet.

(d)

Dooryard clear height: Minimum 8 feet.

(e)

Dooryard wall/planter/fence height: Maximum 3 feet.

Figure 17.03-15. Dooryard Frontage Exhibit

==> picture [360 x 145] intentionally omitted <==

iv.

Arcade. Individual covered arcade frontages with dimensions as indicated below:

(a)

Arcade depth: Minimum 8 feet, must be consistent for the length of the arcade.

(b)

Arcade clear height: Maximum 12 feet.

(c)

Arcade column spacing: Minimum 4 feet clear between columns.

(d)

Arcade distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet.

Figure 17.03-16. Arcade Frontage Exhibit

==> picture [360 x 144] intentionally omitted <==

v.

Gallery. Individual covered gallery frontages with dimensions as indicated below:

(a)

Gallery depth: Minimum 12 feet, maximum 16 feet, must be consistent for the length of the gallery.

(b)

Gallery clear height: Minimum 12 feet, maximum 16 feet.

(c)

Gallery distance from curb (encroachment permit may be required): Minimum 2 feet, maximum 6 feet.

Figure 17.03-17. Gallery Frontage Exhibit

==> picture [360 x 165] intentionally omitted <==

vi.

ADA Accessibility. All frontages must comply with ADA accessibility requirements.

5.

Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet.

6.

360-Degree Design. All buildings must be designed with "360-degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

7.

Additions/Remodels. Notwithstanding the design standards of this Chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

8.

Usable Open Space Design.

a.

Required private open space design.

i.

Required private open space must take the form of balconies, decks, patios, fenced yards, or other similar areas outside the residence.

ii.

Required private open space must be accessible to only one living unit by a doorway to a habitable room.

b.

Required common open space design.

i.

Required common areas must include landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development.

ii.

Required common open space must be accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room.

iii.

Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops. See Section 17.03.065.J.2.e.i for additional limitations on elevated open space.

iv.

A surface must be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing.

v.

The slope of required common open space may not exceed ten percent.

9.

Pedestrian Access and Circulation. On-site pedestrian circulation and access shall be provided consistent with the following standards.

a.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

Paving. Paving within required setback areas must be distinct from the adjacent public sidewalk in color, design, or texture.

c.

To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

d.

To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

e.

To Transit. Safe and convenient pedestrian connections shall be ADA-compliant and shall be provided from transit stops to building entrances.

f.

Pedestrian Walkway Design.

i.

Walkways shall be a minimum of eight feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D) or as required by the Building Official.

ii.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.

iii.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier.

10.

Parking Design and Access.

a.

Surface Parking Area Design. Surface parking areas must be separated from on-site buildings by a minimum distance of five feet that is either paved or landscaped.

b.

Parking in the Front Setback. Any driveways or other paved parking areas located in the front setback must be a minimum 18 feet in length.

c.

Garages.

i.

Garage doors must be recessed a minimum of six inches from the face of the garage.

ii.

All two-car garages must have a minimum free and clear interior dimension of 24 feet by 24 feet, while onecar garages must have a minimum dimension of 14 feet by 24 feet.

d.

Structured Parking Levels Facing the Right-of-Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of-way or pedestrian walkway, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade.

Figure 17.03-18. Structured Parking Facing the Right-of-Way Exhibit

==> picture [168 x 152] intentionally omitted <==

e.

Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following.

i.

No more than two vehicles may be placed one behind the other.

ii.

Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment.

iii.

The tandem parking bay must be a minimum 40 feet by 10 feet in dimension.

iv.

Tandem parking to meet required parking for multi-unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces provided.

v.

Tandem parking may not be used to satisfy the parking requirement for guest parking.

f.

Driveway Width. Driveways to shared garages may not exceed 24 feet in width.

g.

Parking Visibility. Visible structured parking must be screened from view from the right-of-way by architectural features in addition to landscaping or living walls.

h.

Parking Separation. Parking for residential units must be separated from parking for non-residential uses through a controlled fence, gate, or other barrier.

i.

Curb Cut Frequency.

i.

A maximum of one curb cut for driveway access may be permitted per street frontage per building.

ii.

On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible.

j.

Shared Garage Doors.

i.

All garage doors must be motorized.

ii.

Controlled entrances to shared parking facilities (gates, doors, etc.) may not exceed 20 feet in width.

11.

Bicycle Parking.

a.

Short-Term Bicycle Parking. Short-term secure bicycle parking must be provided to serve guests.

i.

Spaces Required. The minimum number of short-term secure bicycle parking spaces is 10 percent of the required vehicular parking spaces, in no case fewer than four secure bicycle parking spaces provided per development.

ii.

Location.

(a)

Short-term secure bicycle parking must be located outside of pedestrian walkways, and within 100 feet of the main entrance to the building it serves.

(b)

Short-term secure bicycle parking must be located outside of the public right-of-way except as allowed through an encroachment permit.

iii.

Anchoring and Security. For each short-term bicycle parking space required, a stationary, securelyanchored bicycle rack must be provided to which a bicycle frame and one wheel (two points of contact) can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such bicycle rack may serve multiple bicycle parking spaces.

iv.

Size and Accessibility. Each short-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces.

b.

Long-Term Bicycle Parking. Long-term bicycle parking must be provided to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

i.

Spaces Required.

(a)

A minimum of one long-term secured bicycle parking space must be provided for every four dwelling units or portion thereof.

(b)

Any establishment with six or more full-time equivalent employees must provide long-term bicycle parking designated on a site plan at a minimum ratio of one bicycle parking space per 10 required vehicle parking spaces. Parking areas with fewer than six spaces are encouraged but not required to provide long-term bicycle parking.

ii.

Location. Long-term bicycle parking must be located on the same lot as the use it serves and near a building entrance. In parking structures, long-term bicycle parking must be located near an entrance to the facility. Where the bicycle parking area is not visible from the entrance of the building, signs located at the entrance or in an entry lobby of the building must identify the location of bicycle parking.

iii.

Anchoring and Security. Long-term bicycle parking must be located in an enclosed bicycle locker or other secure areas approved by the Community Development Director.

iv.

Size and Accessibility. Each long-term bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving other bicycles. Two feet of clearance must be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance must be provided from vehicle parking spaces.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1164, § 2(Exh. A), 10-3-2023)

17.03.070 - Residential, Multiple-Family Zone (R-MF Zone).

The Residential, Multiple-Family Zone is intended to protect established medium density and high-density residential development in the City, and to facilitate further development of this land use type. This includes higher density housing that includes condominiums, townhomes, duplexes, patio apartments, senior housing and supporting ancillary facilities.

A.

Residential, Multiple-Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Residential, Multiple-Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Residential, Multiple-Family Zone, Development Standards. The following standards shall apply to the Residential, Multiple-Family Zone (R-MF Zone):

1.

Lot Area and Dimensions. Lot sizes for the Residential, Multiple-Family Zone (R-MF Zone) shall not be less than 6,000 square feet with an average lot width of 60 feet and a minimum average lot depth of 100 feet. Smaller lots may be allowed consistent with Section 17.11.030.D (Small Lot Development).

Setbacks and Yards. The following setback requirements are applicable to the Residential, Multiple-Family Zone (R-MF Zone):

a.

Front Yard Setbacks.

1.

The minimum front yard setback is 20 feet.

2.

The maximum front yard setback is 25 feet. The maximum setback requirement may be waived if the Director finds:

(a)

Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s);

(b)

The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or

(c)

A larger area is required to preserve existing mature trees or natural features.

b.

Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of five feet is allowed for a garage abutting an alley.

c.

Side Yard Setbacks.

1.

The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet.

2.

The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in subparagraph 17.03.070.C.2.a.2.

Table 17.03-2.5 Setback (Yard) Requirements for Residential, Multiple-Family Zone (RMF Zone)

d.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Building Placement Requirements.

a.

Building façade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement.

b.

In the area between the minimum and maximum street side yard setback, 50 percent of the linear distance parallel to the street shall be occupied by a building façade(s).

Building Placement Requirements, R-MF Zone Exhibit

==> picture [408 x 330] intentionally omitted <==

4.

Density. The minimum density shall be 12 units per acre, and the maximum density shall be 30 units per acre.

5.

Lot Area Requirements. The area occupied by all structures shall not exceed 70 percent of the lot area.

6.

Useable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Residential, Multiple-Family Zone (R-MF Zone):

a.

For multi-family developments of fewer than 20 units, each unit shall have a minimum of 100square feet of usable open space.

b.

For multi-family developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space.

c.

The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable").

7.

Building Height. In the Residential, Multiple-Family Zone (R-MF Zone), the maximum height of any building shall not exceed 35 feet.

8.

Floor Area Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only.

D.

Residential, Multiple-Family Zone, Off street Parking.

1.

Parking shall not be located in the front setback unless the Director makes the following findings:

a.

Buildings comply with the maximum front setback requirement;

b.

The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and

c.

Requirements in Chapter 17.05 are complied with.

2.

Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Residential, Multiple-Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Residential, Multiple-Family Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Maximum Block Length. Block length is limited to 600 feet measured from curb edge to curb edge.

H.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

I.

Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065.I apply to multiple family developments, including attached single unit developments, in the R-MF Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The Urban Village Zone applies to a specific area situated between Interstate 10 and State Route 60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated. These uses include a regional commercial center, higher density residential development, educational uses, and abundant open space and recreational amenities. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment.

A.

Urban Village Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Urban Village Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Urban Village Zone, Development Standards. The following standards shall apply to the Urban Village Zone (UV Zone):

1.

Lot Area and Dimensions. Lot sizes for the Urban Village Zone (UV Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Urban Village Zone (UV Zone):

a.

Front Yard Setbacks. No front yard setback is required for commercial uses; five-foot setback for residential development.

b.

Rear Yard Setbacks. 10-foot rear yard setback is required.

c.

Side Yard Setbacks. No side yard setback is required.

d.

Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from State Route 60 and Interstate 10.

e.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Density. The minimum density shall be 12 units per acre, and the maximum density shall be 24 units per acre; however, no more than 21 acres within the UV Zone shall be developed at a density below 20 units per acre.

4.

Floor Area Requirements. The maximum permitted floor area ratio is 1.0. The floor area ratio standard applies to non-residential uses only.

5.

Building Height. In the Urban Village Zone (UV Zone), the maximum height of any building shall not exceed 50 feet.

D.

Urban Village Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Urban Village Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback).

F.

Urban Village Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Maximum Block Length. Block length is limited to 400 feet measured from curb edge to curb edge. A block length of up to 600 feet shall only be allowed when a mid-block pedestrian connection is provided, or the Director finds that:

1.

The location and configuration of the lot makes a mid-block pedestrian connection infeasible or impractical; and

2.

Safe and convenient pedestrian connections are provided throughout the site consistent with applicable pedestrian access requirements in this Code.

H.

Culs-de-Sac and Dead-End Streets. Culs-de-sac and dead-end streets are not allowed unless the Director makes the following findings:

1.

Unique physical circumstances exist that prevent a connected a connected street system; and

2.

A cul-de-sac or dead-end street is necessary to provide access to lots or buildings in a manner consistent with City standards.

I.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

J.

Supplemental Standards.

1.

Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings:

a.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and

b.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

2.

Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening.

a.

Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions. The following are exempt from this requirement:

1.

Residential uses; and

2.

Multi-level garages.

c.

Reductions. This requirement may be reduced or waived if the Director makes the following findings:

1.

The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and

2.

Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.

Building Transparency/Required Openings Exhibit

==> picture [312 x 145] intentionally omitted <==

Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.

4.

Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk.

5.

Wall Plane Modulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall.

6.

Pedestrian Access. On-site pedestrian circulation and access shall be provided consistent with the following standards.

a.

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

To circulation network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c.

To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d.

To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e.

Pedestrian walkway design.

1.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D).

2.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.

3.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

7.

Public Open Space Requirement. Developments with 50,000 square feet or more of non-residential floor area on sites of five acres or larger shall provide open space consistent with the following:

a.

Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet.

b.

Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement.

c.

Such open space shall have a minimum dimension of 40 feet.

d.

Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas.

e.

The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.

K.

Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065.I apply to multiple family developments, including multiple family residential components of mixed-use developments and attached single unit developments, in the UV Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The Commercial, Neighborhood Zone (C-N Zone) is intended to permit development that provides for a range of commercial service and retail land uses that are in proximity to residential neighborhoods consistent with the General Plan.

A.

Commercial, Neighborhood Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Commercial, Neighborhood Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Commercial, Neighborhood Zone, Development Standards. The following standards shall apply to the Commercial, Neighborhood Zone (C-N Zone):

1.

Lot Area and Dimension. Lots sizes for the Commercial, Neighborhood Zone (C-N Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 100 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Commercial, Neighborhood Zone (C-N Zone)

a.

Front Yard Setbacks. The minimum front yard setback is 25 feet. A minimum of 50 feet should be provided if the parking is provided in the front of the business.

b.

Rear Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height.

c.

Side Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height.

d.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum permitted floor area ratio is 1.0.

4.

Building Height. In the Commercial, Neighborhood Zone (C-N Zone), the maximum height of any building shall not exceed 50 feet.

D.

Commercial, Neighborhood Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Commercial, Neighborhood Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Commercial, Neighborhood Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Supplemental Standards.

1.

Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings:

a.

The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; or

b.

The design incorporates habitable space built close to the public sidewalk; and

c.

The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06.

Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening.

a.

Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

b.

Exceptions for parking garages. Multi-level garages are exempt from this requirement.

c.

Reductions. This requirement may be reduced or waived if the Director makes the following findings:

1.

The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and

2.

Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level.

Building Transparency/Required Openings Exhibit

==> picture [312 x 149] intentionally omitted <==

3.

Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways.

4.

Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk.

5.

Wall Plane Modulation. All street-facing façades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 50 horizontal feet of wall.

6.

Pedestrian Access. On-site pedestrian circulation and access shall be provided consistent with the following standards.

a.

Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

To circulation network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

c.

To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

d.

To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

e.

Pedestrian walkway design.

1.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D).

2.

Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method.

3.

Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Public Open Space Requirement. Developments with 50,000 square feet or more of non-residential floor area on sites of five acres or larger shall provide open space consistent with the following:

a.

Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet.

b.

Such open space shall be visible and accessible from a public street, or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement.

c.

Such open space shall have a minimum dimension of 40 feet.

d.

Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas.

e.

The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Community Commercial Zone is intended to preserve, and where applicable promote, commercial shopping centers. This Zone specifically applies to those parcels that may contain more than one business or those properties with large format retailers (e.g., where the floor area of the business exceeds 50,000 square feet).

A.

Community Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Community Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Community Commercial Zone, Development Standards. The following standards shall apply to the Community Commercial Zone (C-C Zone):

1.

Lot Area and Dimension. Lots sizes for the Community Commercial Zone (C-C Zone) shall not be less than 10,000 square feet with an average lot depth of 100 feet and a minimum average lot depth of 100 feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Community Commercial Zone (C-C Zone):

a.

Front Yard Setbacks. The minimum front yard setback is 25 feet. There shall be a minimum of 50 feet for the front yard setback if parking is provided in the front of the building.

b.

Rear Yard Setbacks. No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height.

c.

Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height.

d.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum floor area ratio is 0.75.

4.

Building Height. In the Community Commercial Zone (C-C Zone), the maximum height of any building shall not exceed 50 feet.

D.

Community Commercial Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Community Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Community Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

G.

Supplemental Standards. Additional standards listed in Section 17.03.080.G apply to developments in the C-C Zone.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Manufacturing Zone is intended to maintain the existing industrial and manufacturing uses and to promote the development of new business parks, light industrial use, research parks, manufacturing uses, warehousing activities, and ancillary and supportive uses.

A.

Manufacturing Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section.

B.

Manufacturing Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit.

C.

Manufacturing Zone, Development Standards. The following standards shall apply to the Manufacturing Zone (M Zone):

1.

Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be 10,000 square feet.

2.

Setbacks and Yards. The following setback requirements are applicable to the Manufacturing Zone (M Zone):

a.

Front Yard Setbacks. The minimum front yard setback is 25 feet. There shall be a minimum of 50 feet for the front yard setback if parking is provided in the front of the building.

b.

Rear Yard Setbacks. No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot that exceeds 35 feet.

c.

Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot that exceeds 35 feet.

d.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Floor Area Ratio. The maximum floor area ratio is 0.75.

4.

Building Height. In the Manufacturing Zone, the maximum height of any primary building shall not exceed 50 feet.

D.

Manufacturing Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Manufacturing Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Manufacturing Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The Public Facilities Zone includes a range of public uses and activities that serve the public good and welfare. These include, but are not limited to, schools, civic buildings, fire stations, and is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity.

A.

Public Facilities Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section.

B.

Public Facilities Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a conditional use permit.

C.

Public Facilities Zone, Development Standards. The following standards shall apply to the Public Facilities Zone (P-F Zone):

1.

Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be 10,000 square feet.

2.

Setbacks and Yards.

a.

All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a plot plan or conditional use permit for development.

b.

Setbacks for Properties Adjoining the R-C Zone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone.

3.

Floor Area Ratio. The maximum floor area ratio is 1.0.

4.

Building Height. In the PF Zone the maximum height of any building shall not exceed two stories or 35 feet, whichever is less.

D.

Public Facilities Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05.

E.

Public Facilities Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply.

F.

Public Facilities Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The permitted uses for the Base Zone Districts (identified in Section 17.03.040 through 17.03.110) are listed in Table 17.03-3.

N = Not Permitted

P = Permitted

C = Conditionally Permitted

A = Permitted as an Accessory Use

A* = Permitted as an Accessory Use in Assembly Buildings

*Only allowed for properties on Sixth Street

1 See Section 17.02.070 to determine if a plot plan is required.

2 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center.

3 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant.

4 New liquor stores shall not be located within 1,000 feet of another liquor store.

5 Only allowed for properties on Brookside Avenue, Cougar Way, Oak Valley Parkway, 11th Street, 8th Street, Beaumont Avenue, Pennsylvania Avenue, and Highland Springs Avenue.

• 6 Only allowed for properties on streets designated as Arterial Roadways or Connector Streets.

7 Bars and cocktail lounges are only allowed as a conditionally permitted accessory use in the M Zone, and if the primary business is an alcohol production facility, such as a brewery, winery, or spirits manufacturer.

8 Only allowed for properties fronting Western Knolls Avenue.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1137, § 4(Exh. A), 8-3-2021; Ord. No. 1141, § 4(Exh. A), 10-5-2021; Ord. No. 1142, § 4(Exh. A), 10-19-2021; Ord. No. 1150, § 4(Exh. A), 10-4-2022; Ord. No. 1151, § 4(Exh. A), 11-15-2022)

17.03.130 - Overlay Zone (O Zone).

The Overlay Zone refers to specific areas of the City where special development standards are applicable. This section sets forth additional standards for defined areas (i.e., overlay zones) that are applied in addition to standards provided in the base zones. The overlay zone standards are intended to ensure that proposed uses and development result in a desirable character consistent with the General Plan.

A.

Conflicting Requirements. If there is a conflict between any of the permitted uses or development standards in a base zone or elsewhere in this Zoning Code and an overlay zone, the overlay zone shall control.

B.

Overlay Zones. The following overlay zones are established:

1.

Transit Oriented District Overlay.

2.

Higher Density Overlay.

3.

Housing Sites Overlay.

C.

Transit Oriented District Overlay. The Transit Oriented District (TOD) Overlay applies to the area around a future Metrolink transit station. The permitted uses and development standards are intended to be conducive to a transit-friendly environment, including a mix of residential and commercial uses within a walkable and transit accessible setting.

1.

Transit Oriented District Overlay, Permitted Uses. The uses permitted under this Overlay are identified in Table 17.03-4.

2.

Transit Oriented District Overlay, Conditional Uses. The uses conditionally permitted under this Overlay are identified in Table 17.03-4. Such uses require the approval of a conditional use permit.

3.

Transit Oriented District Overlay, Development Standards. The following standards shall apply to the Transit Oriented District (TOD) Overlay:

a.

Front Yard Setbacks. No front yard setback is required.

b.

Density. The minimum density shall be 18 units per acre, and the maximum density shall be 30 units per acre.

c.

Floor Area Ratio. The maximum permitted floor area ratio is 1.0. This standard applies to non-residential uses only.

Transit Oriented District Overlay, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Overlay (e.g., no front yard setback).

5.

Maximum Block Length. Block length is limited to 400 feet measured from curb edge to curb edge. A block length of up to 600 feet shall only be allowed when a mid-block pedestrian connection is provided, or the Director finds that:

a.

The location and configuration of the lot makes a mid-block pedestrian connection infeasible or impractical; and

b.

Safe and convenient pedestrian connections are provided throughout the site consistent with applicable pedestrian access requirements in this Code.

6.

Culs-de-Sac and Dead-End Streets. Culs-de-sac and dead-end streets are not allowed unless the Director makes the following findings:

a.

Unique physical circumstances exist that prevent a connected a connected street system; and

b.

A cul-de-sac or dead-end street is necessary to provide access to lots or buildings in a manner consistent with City standards.

7.

Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees).

[8.]

Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065.I apply to multiple family developments, including multiple family residential components of mixed-use developments and attached single unit developments, in the TOD Overlay.

D.

Higher Density Overlay. The Higher Density Overlay applies to properties subject to rezoning as identified in the City's Housing Element and mapped on the City's Zoning Map.

1.

Higher Density Overlay, Density. The minimum density shall be 20 units per acre, and the maximum density shall be 30 units per acre.

2.

Higher Density Overlay, Use Standards. The following use standards shall apply within the Higher Density Overlay:

a.

Owner-occupied and rental multi-family uses are allowed as permitted uses (by right) regardless of the affordability level of the units.

b.

100 percent residential use is allowed.

c.

A minimum of 50 percent of the floor area in mixed-use projects must be occupied by residential use.

E.

Housing Sites Overlay. The Housing Sites Overlay applies to properties identified in the City's Housing Element as housing sites in zones where no minimum density applies. This Overlay establishes a minimum required residential density of 11 units per acre.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

The Specific Plan zoning designation applies to those areas of the City that have an adopted Specific Plan as well as those areas where a Specific Plan will be required at which time a development concept is proposed. Those Specific Plans that were adopted prior to the adoption of this Zoning Ordinance or the currently adopted General Plan have been incorporated herein by reference. Any future Specific Plan or Specific Plan Amendment must be consistent with the adopted General Plan.

Specific plans and amendments thereto, shall be adopted in accordance with the provisions of this Title and of Section 65450 et seq. of the Government Code, as now written or hereafter amended. All uses established pursuant to an applicable specific plan shall be subject to all of the conditions and restrictions set forth in the specific plan, regardless of the requirement of the underlying zone, including, but not limited to, density and intensity of use, setbacks, heights, area and open space.

A.

Request for Specific Plan. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan of land use or an amendment to an adopted specific plan for the real property. The right to request consideration of a specific plan does not imply that the plan will be approved. Whenever any State law, the City General Plan, or any ordinance requires the adoption of

a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this Section.

B.

Environmental Review. A proposal to adopt or amend a specific plan shall not be considered at a public hearing until all procedures required by the City of Beaumont Rules Implementing the California Environmental Quality Act to hear a matter has been completed.

C.

Applications for Specific Plans. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, and shall be accompanied by a filing fee as set forth in the Fee Ordinance. The application shall supply all required information, which may include part or all of the following depending on the nature of the Plan and shall be in the form of a text and accompanying maps, plans, and exhibits.

D.

Content of Specific Plans. The scope and content of a Specific Plan prepared for the City shall comply with State of California Planning Zoning and Development laws governing their preparation.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The permitted uses for Transit Oriented District Overlay Zones are listed in Table 17.03-4.

N = Not Permitted

P = Permitted

C = Conditionally Permitted

A = Permitted as an Accessory Use

A* = Permitted as an Accessory Use in Assembly Buildings

1 See 17.02.070 to determine if a plot plan is required.

2 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center.

3 New liquor stores shall not be located within 1,000 feet of another liquor store.

4 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

Chapter 17.04 - PERFORMANCE STANDARDS

17.04.010 - Intent and purpose.

The performance standards identified in this section regulate the use of a building or land area. These performance standards were established to minimize potential risk to the public from hazards and to prevent the creation of nuisances and other conditions that are potentially harmful or discomforting. An

additional purpose of these standards is to protect the environment, improve the appearance of the community, and to deter those conditions that may lead to blight.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Site planning and general development standards shall apply to all new construction, renovation, and alteration of existing uses or structures in all zone districts and land uses.

A.

General Provision. No building or land shall be used or constructed if it creates a dangerous, noxious, fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or air pollution; glare; or liquid or solid wastes in amounts that adversely affect surrounding areas.

B.

Applicability. The standards contained in this Chapter 17.03 shall be applied in addition to the development standards contained in this Title 17 for any given zone.

C.

Interpretation. Whenever the performance and development standards are different, the more stringent standard shall govern.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The following standards are established to regulate the maintenance of all properties, land uses, and structures in the City of Beaumont:

A.

Abandoned Vehicles. Abandoned and inoperable automobiles and recreational vehicles shall not be kept on the driveways or in the yard areas of private property for more than seven days.

B.

Refuse and Debris. Debris, rubbish, and trash, including but not limited to discarded old furniture, appliances, boxes, toys, etc.; discarded building materials; and equipment and materials shall not be visible from public rights-of-way at any time and shall not be kept in the yard areas for more than seven days.

C.

Dilapidated Structures. Structurally unsafe buildings, including but not limited to those with known fire hazards; faulty weather protection broken roofs; windows and doors; partially constructed structures when construction has ceased; unoccupied buildings that are left open; hazardous fences or walls; abandoned signs; and damaged buildings shall be demolished, removed, or fenced to prevent public access.

D.

Trash Receptacles. Trash receptacles shall not be stored in any front yard with any residential zone.

E.

Landscaping. The landscaping of all properties must be maintained and watered.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The United States Environmental Protection Agency (EPA) and the California Department of Health Services (DHS) identify hazardous materials and prescribe handling, use, and disposal practices. In order to protect the health and welfare of those persons living, working, or visiting the City of Beaumont, the use, storage, manufacture, or disposal of hazardous materials shall be regulated and monitored according to standards established by these agencies and as outlined in this Section.

A.

Land Use and Structures Using Hazardous Materials. A risk management and prevention program in accordance with the California Health and Safety Code, together with an inventory statement that is in accordance with federal, state, and local laws shall be prepared for all structures and land uses using materials identified as hazardous by the State of California Environmental Protection Agency (Cal EPA) and the United States Environmental Protection Agency (EPA).

B.

Use of Flammable Materials. The use and storage of flammable or explosive materials shall comply with all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the appropriate agency that is responsible for issuing permits and approvals.

C.

Water Contamination. No liquid or solid waste or similar material that contaminates the water supply, or interferes with the bacterial processes in sewage treatment or otherwise causes the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the applicable requirements of the EPA.

D.

Radiation Exposure. No activity shall be permitted if it emits dangerous levels of radioactivity at any time. The term dangerous levels correspond to the applicable Federal and/or State standards for exposure.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The following standards are established to regulate the land uses and structures engaging in the sales, storage, or installation of tires in the City of Beaumont. In order to protect the health and welfare of those

persons living, working, or visiting the City of Beaumont, the sales, storage or installation of tires shall be regulated and monitored according to standards established herein and by the standards implemented by the appropriate City departments.

A.

Display. Outdoor display of merchandise, goods or materials for marketing or advertising purposes must be reviewed and approved through the plot plan process as identified in the Beaumont Municipal Code Section 17.02.070, plot plans. This could be an administrative plot plan for an existing business or structure or a plot plan for approval by the Planning Commission for new construction. In addition to any sitespecific conditions, outdoor display of merchandise, goods or materials shall only occur during a business's hours of operation and shall be limited to a maximum of four items including tires and other related display items.

B.

Tire Storage. Storage of tires must be reviewed and approved through the plot plan process as identified in the Beaumont Municipal Code Section 17.02.070, plot plans. This could be an administrative plot plan for an existing business or structure or a plot plan for approval by the Planning Commission for new construction. In addition to any site-specific conditions the following is required:

1.

All outdoor storage must be covered on a minimum of three sides, one of which must be the top and screened from public view.

2.

Any proposed use must comply with the California Regional Water Quality Control Board and the requirements specified in the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit.

3.

Water supply and hydrant requirements as specified in the adopted Fire Code must be met.

4.

Both indoor and outdoor storage of tires and related materials and equipment, must meet all Building and Safety and Fire Department standards and requirements.

C.

Incidental Use. Outdoor storage of tires, related equipment or materials must be incidental to a primary use and shall not exceed 20 percent of the total lot area.

D.

Structures. Structures utilized for storage of materials must meet all building and safety and fire standards, shall be complimentary to the primary structure and meet the aesthetic intent of the area in which the

business is located.

E.

Definitions. Tires, tire store and tire repair referenced herein are as defined in Chapter 17.14.030 "Definitions" of the Beaumont Municipal Code.

(Ord. No. 1141, § 7(Exh. C), 10-5-2021)

17.04.050 - Air quality.

The California Air Resources Board and the South Coast Air Quality Management District (SCAQMD) are the agencies responsible for the implementation of the Clean Air Act at the local level. In order to protect the health and welfare of those persons living, working, or visiting the City of Beaumont, the following performance standards with respect to air quality are outlined in this Section.

A.

Smoke and Particulates. No smoke of any type shall be emitted from a source in excess of SCAQMD standards. No elements of dust, fly ash, vapors, fumes, gases or other forms of air pollution shall be permitted in excess of the standards set by the SCAQMD or that can cause damage to human health, animals, vegetation, or that can cause excessive soiling at any location.

B.

Permits. Before a building or occupancy permit is issued by the City, the applicant shall be required to show proof that he has secured the necessary permits from the SCAQMD or that the project is exempt from SCAQMD regulations as of the date of filing of the City application.

C.

Enforcement and Standards. In enforcing these regulations, the City shall use the same point of measurement as utilized by the SCAQMD.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

17.04.060 - Odors.

In order to protect the wellbeing of the community and to eliminate the blighting influences of odors, the following performance standards with respect to the generation of odors are outlined in this Section.

A.

Odor Generating Activities. Any process that creates or emits any odors, gases, or other odorous matter shall comply with the standards set by the South Coast Air Quality Management District (SCAQMD).

B.

Quantified Standard. No odors, gases, and odorous matter shall be emitted in quantities to be detectable when diluted in a ratio of one volume diluted air to four volumes clean air at the point of greatest

concentration.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Outdoor lighting, light trespass, and illumination requirements indicated in the City of Beaumont Outdoor Lighting Ordinance (Chapter 8.50) shall apply to all development in the City. The Outdoor Lighting Ordinance is incorporated into this Zoning Ordinance by reference.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

State law requires the City to divert recyclable solid waste from landfills or pay substantial fines and penalties for failing to do so. Many solid waste and trash container enclosures constructed before the enactment of this Ordinance are not adequate to provide for the separation of household refuse and recyclable materials, including glass, plastics and paper.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Sections 17.04.082 through 17.04.084, inclusive, shall apply to the construction of, and additions or tenant improvements to, any residential, commercial or industrial structure, except single-family, detached residences.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The applicant for any applicable development activity shall, as a condition of approval, submit for review and approval site plans and profiles of enclosures sufficient in number to serve the development. Such plans shall include the following information:

A.

Trash and Recycling Containers: Trash and recycling containers shall be shown on the site plan at grade;

B.

Enclosure Accessibility: Enclosures shall be accessible to solid waste and recycle collection vehicles. The site plan shall include a design for truck turn around movements, ingress and egress, and "keep clear" areas;

C.

Location: Enclosures shall not be placed in front or side setback areas, although the Director may approve enclosures in the front or side setback when screened from public view.

D.

Adequate Capacity: Adequate capacity for trash and recycling shall be provided, based upon the volume and tonnage expected to be generated by the proposed development, as estimated by the City;

E.

Sizing: Enclosures shall be sized to provide for both trash and recycling receptacles placed in a manner that will allow free access to either by collection trucks;

F.

Design: The design shall conform to the City's standard specifications, although alternative designs may be approved at the discretion of the Planning Director;

G.

Signs: Signs shall be permanently placed on enclosure walls and on trash and recycling containers to distinguish them. General instructions about how the recycle shall be posted, which shall include a prohibition against the disposal of oil, grease and hazardous waste. The signs shall include the name and phone number of the person responsible for the maintenance of the enclosure.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Office, commercial and retail, industrial and multi-family residential development projects of five or more units shall include appropriately sized receptacles for recyclable materials adjacent to trash containers in all common areas. Signs shall be posted to instruct users as to the proper separation of trash and recyclable materials.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In order to encourage recycling, the Community Development Director shall have the authority to reduce the number of required motor vehicle parking spaces provided for existing land uses in order to accommodate enclosures or recycling receptacles, provided that the enclosures meet the design specifications in Section 17.04.082. If there is insufficient space to construct a combined trash and recycling enclosure, the Community Development Director shall have the authority to permit recycling receptacles to be located adjacent to existing trash receptacles.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In order to promote the development of a comprehensive circulation and roadway network in the City, the following performance standards with respect to the street improvements are outlined in this Section.

A.

Street Dedications and Improvements. All streets shall be dedicated and improved to the width established in the Mobility Element of the City of Beaumont General Plan.

1.

Street improvements shall include curb and gutter, sidewalks, storm drains, landscaped parkway.

2.

Street dedication shall include a corner cut-off area at intersections.

3.

Whenever uncertainty exists regarding the need for street dedication and improvement, the Director of Public Works or his designee shall determine the need for dedication or improvement based upon studies and analysis and information contained in any applicable plans.

B.

Street Dedications Standards. To mitigate potential problems associated with project generated traffic and circulation, dedication of street right-of-way and construction of street and related improvements may be required as a condition of approval of permits issued in compliance with this title. The following standards shall govern any street dedication or improvement:

1.

No new construction or renovation shall be granted utility connections and a certificate of occupancy until one-half of the street along the entire length of the lot frontage is dedicated and improved according to City standards. For development of a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. A bond may be placed in lieu of improvements until the Director of Public Works deems it practical to construct the improvements.

2.

The maximum area of land required for dedication shall not exceed 25 percent of the total lot area.

3.

Additional street improvements shall not be required when the abutting street is already improved according to City standards.

4.

A deed granting an easement for a public street shall be submitted to the City Engineer before approval of any permit is issued.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The following performance standards with respect to the provision of utilities and infrastructure are outlined in this Section to ensure the service demands of existing and future development are met.

A.

Provision of New Utility Service and Connections. The developer or owner of a property proposing to improve or otherwise develop the property in accordance with the provisions of Title 17 "Zoning" of this Municipal Code, or such other codes and regulations applicable to development of property, shall be responsible for furnishing and installing all required utility service and connections, in cooperation with and as required by the applicable utility provider.

B.

Underground Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, all new electrical distribution lines of 34.5 kilovolts or less, and all new telephone, cable television, fiber optic, and similar wires and lines that provide customer services shall be installed within underground systems, except for:

1.

Utility poles within six feet of the rear lot line used for terminating underground facilities.

2.

Temporary utilities while construction is ongoing.

3.

Risers and poles as provided by developer or owner.

4.

Meter boxes, terminal boxes, and similar equipment.

5.

Transformers, except that all transformers shall be located in vaults.

6.

Infill development in R-SF Zones where existing overhead lines serve the area, subject to the approval of the Director of Community Development.

C.

Undergrounding of Existing Utility Lines Required. In order to protect the public safety and improve the appearance and functioning of the community, existing electrical distribution lines of 34.5 kilovolts or less, and all existing telephone, cable television, fiber optic and similar wires and lines located on or adjacent to property being developed shall be converted to new underground systems subject to and in accordance

with the provisions of Chapter 12.18 "Undergrounding of Existing Overhead Utilities" of the Beaumont Municipal Code.

D.

Electrical Disturbance. No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1169, § 4(Exh. B), 2-6-2024)

Chapter 17.05 - OFF-STREET PARKING AND LOADING STANDARDS

The purpose of this section is to ensure that all land use and development in the City of Beaumont have sufficient parking in order to prevent or alleviate congestion. Parking and loading areas shall be provided in accordance with this section when a building or structure is constructed, or a new use is established. Additional off-street parking shall be provided in accordance with this section if an existing building is altered, or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use, at the time of such alteration, addition, intensification or change of use. The number of parking spaces and loading berths shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas shall be laid out in a manner that will protect the public safety and ensure their usefulness. Provide adequate offstreet parking facilities, loading areas, and vehicle movement area associated with a use.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The minimum standards of this Chapter 17.05 shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zone districts. Off-street parking spaces shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, rooms, beds, or seats to a structure or to changes in occupancy or the enlargement of a commercial or industrial building.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

This Section outlines the general requirements for parking in the City of Beaumont. The following parking regulations will be applicable to all development in the City.

A.

Maintenance of Parking Areas. All covered or uncovered off-street parking and loading facilities required by Chapter 17.05 shall be permanently reserved for parking and loading purposes. All parking facilities, including but not limited to curbs, directional markings, handicapped symbols, landscaping, pavement,

signs, striping and wheel stops, etc., shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions and stored material.

B.

Restrictions Regarding Use of Parking Areas. Required parking spaces and areas shall not be used for the sale or display of goods and services, nor for the sale, display, repair or dismantling of motor vehicles, nor for the storage of inoperable or unlicensed vehicles, unless otherwise permitted by subsection C below.

C.

Truck Parking Prohibited in Residential Zones. The parking of commercial vehicles weighing 6,000 pounds or more shall be prohibited in all residential zones . This restriction shall apply to both on-street and offstreet parking.

D.

Temporary Parking. Parking areas in any zone may be used for temporary, special events with authorization from the owner or operator of the parking area and the Community Development Director. The Community Development Director may impose conditions to mitigate any adverse effect on surrounding properties. Provisions outlined in 17.03 (Temporary Use Permits and Special Events) shall govern the procedures and conditions for the application and approval of a temporary use/special event permit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a greater number of spaces are required through conditional use permit conditions of approval.

A.

Off-street Parking Requirements. Off-street parking and loading spaces with adequate ingress and egress must be provided for any new structure and for any new use established; for any addition to or enlargement of an existing structure or use; or for any change in the occupancy of any structure or the manner in which any use is conducted that would result in additional parking or loading spaces to be required. For any addition or any enlargement of an existing structure or use, or for any change of occupancy or manner of operation that would increase the number of parking or loading spaces required, the additional parking or loading shall be required only for such addition, enlargement, or change and not for the entire structure or use. Table 17.05-1 specifies the number of off-street parking spaces required for permitted land uses.

Table 17.05-1 Off Street Parking Requirements Land Use Parking Required Compact/Truck Downtown Parking Parking Residential

• 1 Minimum standard vehicle stacking capacity in a drive-through lane is eight vehicles.

• 2 No compact spaces allowed.

Fractional Spaces. All fractional spaces shall be rounded up to the next highest whole number.

Combined Uses. When two or more uses are combined on a given site, the required parking shall be calculated as the combined total required for each individual use. Where two or more uses exist within a

single building, parking shall be calculated based on the percentage of floor area devoted to each use.

Compact and Handicap Parking. The calculation of the number of compact and handicap parking spaces to be provided shall be based on the total number of spaces required. Handicapped (accessible) parking shall comply with standards set forth in Chapter 11 of the Uniform Building Code.

B.

Unspecified Land Use. If a land use is not specifically listed in Table 17.05-1, the Community Development Director shall decide which standard most closely reflects the demand for parking that will be generated by the proposed project. For uses not specifically mentioned, the requirements for off-street parking spaces shall be the same as for similar mentioned uses and the Planning Director shall determine in writing the parking requirements for the proposed project. In the event the determination of the Community Development Director shall be deemed unsatisfactory or unreasonable, the applicant may present the matter to the Planning Commission in writing for posting on the agenda of a regularly scheduled Commission meeting, for determination.

C.

Reduction of Spaces. No reduction of required parking spaces shall be allowed, except through approval of a variance in accordance with the provisions of this Title 17.05.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)

Driveways providing ingress and egress to off-street parking spaces shall be designed, constructed and maintained as follows.

A.

General Requirements. All lots shall have adequate vehicular access from a dedicated and improved street or service road to permit unimpeded movement of goods and people. Visibility on streets and intersections shall not be blocked by signs, trees, hedges, fences, walls, or structures. Directional signs and graphics may be used to promote public safety and convenience.

B.

Driveways. The following requirements are applicable to driveways:

1.

Driveways shall not be located where they would impede traffic on streets or through intersections.

2.

Driveways and aisles shall be maintained unobstructed at all times.

3.

The minimum driveway width shall be 12 feet per lane for a one-way driveway and 25 feet for a two-way driveway.

C.

Aprons. Each garage shall have an adequate paved area in front of the garage (apron) for maneuvering. The minimum paved apron width shall be 24 feet.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Off-street parking areas shall be provided on the subject site, outside of any public right-of-way, in compliance with this section.

A.

Parking Stall Design. Parking facilities shall be designed to conform to the following minimum guidelines and standards:

1.

Parking spaces shall be located on the same lot as the use to which they serve, unless remote parking is permitted by the Community Development Director pursuant to the provisions of Section 17.05.080 (Remote Parking).

2.

Access to parking stalls shall not be taken directly from a public or private street or alley.

3.

The entrance to a private garage or carport shall be located a minimum of 24 feet from the street which the garage or driveway faces.

4.

A 15-foot vertical clearance shall be maintained over all parking areas, driveways, and access points.

5.

Driveways serving a parking area with 20 or more spaces shall be designed with either one-way circulation or a double driveway system.

6.

No parking area shall be designed so that vehicles back into a street, except for single-family dwelling units.

7.

No parking space shall be located within 20 feet of the access driveway, except within the R-SF zone.

8.

All carpooling parking spaces and bicycle racks shall be located near the main entrance of the facility they are intended to serve.

B.

Parking Space Dimensions. Table 17.05-2 identifies the minimum required dimensions for parking stalls and aisles for standard, compact, and truck parking spaces. No more than a six-inch vehicle overhang into a landscaped area is permitted only when curb stops are not provided.

Notes:

(a) 15'-10" for overlapped or herringbone layout.

(b) 45'-9" for overlapped or herringbone layout.

C.

Emergency Access. Dedicated fire lanes to serve as access for fire vehicles and emergency apparatus from a public street shall be provided as set forth below and shall be posted as a fire lane:

1.

If any structure is 50 feet from a right-of-way and more than 30 feet high; or

2.

If any structure is 150 feet from a right-of-way and 30 feet high or less; or

3.

If the structure or use is commonly associated with a fire or explosion hazard; or

4.

If the structure or use attracts a large congregation of people, as determined by the Fire Department.

5.

Fire lanes must be at least 25 feet wide. An alley can serve as a fire lane if it meets the requirements. Likewise, an appropriately designed buffer strip unobstructed by landscaping or structures, can serve as a fire lane.

6.

Projects with other characteristics, such as distance from the nearest fire hydrant, site design, etc., which inhibit fire control may require provision of a fire lane at the discretion of the Planning Director.

7.

Alternative means of fire control may be provided, subject to the approval of the Fire Department.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Off-street parking areas shall be improved in compliance with this section.

A.

Covering Materials. All parking spaces, maneuvering areas, turnarounds, and driveways shall be paved with asphaltic concrete or Portland cement in accordance with standards set by the City Engineer/Director of Public Works.

B.

Parking Stall Designations. All parking spaces except those in garages or carports shall be marked with paint or other distinguishable material. Compact and handicap parking spaces shall be identified to preclude use by other vehicles.

C.

Directional Signage. Directional signs shall mark one-way entrances and aisles and shall be visible to drivers of vehicles using the facility.

D.

Wheel Stops. Bumper guards and wheel stops shall be provided as needed to protect buildings, structures, landscaping, and other vehicles.

E.

Parking Area Lighting. The lighting of parking areas shall be designed in accordance with the standards for light and glare in Section 17.05.080 of this Title.

F.

Buffers. Parking areas provided for commercial and industrial uses shall be separated from any adjoining residential zone, church, school, or park by a six-foot-high masonry wall.

G.

Headlight Glare. Where parking for any non-residential use is provided on any area of a lot whereby parking spaces or vehicle maneuvering areas will result in vehicle lights shining onto a public street, a wall or dense planting of shrubs or similar landscape material shall be provided as a buffer between the parking/maneuvering area and the street. The height of the wall or landscaping shall not be lower than three feet.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Certain types of developments or combinations of land use within a specific development may be eligible for a parking reduction if it can be demonstrated that such development may benefit from shared parking. This section indicates the procedures applicable to development applications requesting either sharedparking or remote parking.

A.

Special Study Required for Shared Parking. Two or more uses may share parking facilities, subject to the approval of the Community Development Director and the provisions of this section. A parking demand analysis for the uses proposed to share parking facilities shall be prepared. The parking demand analysis shall be prepared by a registered traffic engineer or other professional with expertise in the field. When such analysis demonstrates, to the satisfaction of the Director, that the uses have different peak parking requirements, then the parking space requirement may be reduced by the Director. In no event, however, shall the parking requirement be reduced below the highest peak parking requirement of the use demanding the most parking.

B.

Conditions and Requirements for Shared Parking. The following conditions must apply for shared parking to be permitted.

1.

The uses sharing the parking facilities shall be located on the same lot or contiguous lots.

2.

A legal agreement shall be signed by all parties sharing parking facilities. Such agreement shall be approved by the City Attorney and Community Development Director, shall be recorded with the County Recorder's Office, and shall continue to be valid upon change of ownership of any property subject to the agreement or any lawfully existing building or structure on said properties.

3.

Shared parking arrangements must be authorized by any discretionary permit issued for the use for which the parking is provided. Where no discretionary permit is required, such shared parking arrangements shall meet all other requirements of this Subsection B.

C.

Remote Parking. The following conditions must apply for remote parking.

1.

Remote parking may be permitted for multi-family structures and commercial and industrial uses, provided such parking facilities are located no more than 300 feet from the use they are intended to serve.

2.

A covenant for use of the lot for parking shall be required between the owner of the lot supporting the proposed use and the owner of the lot to be used for remote parking. The covenant for remote parking shall be prepared by the City and recorded with the County Recorder of the County. The covenant may not be revoked, modified, or canceled without the consent of the City.

3.

Such agreements for remote parking shall be authorized by any required discretionary permit issued for the proposed multi-family structure or commercial or industrial use.

4.

Where no other application is involved, a conditional use permit shall be required to authorize remote parking.

D.

Downtown In Lieu Parking Fee. Upon the City's adoption of an in-lieu parking program, required parking for any development in the Downtown may be reduced or eliminated through the payment of an in-lieu parking

fee.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1150, § 4(Exh. A), 10-4-2022)