Chapter 17.292 — BERMUDA DUNES NEIGHBORHOOD PRESERVATION OVERLAY ZONE

Chapter 17.292 - BERMUDA DUNES NEIGHBORHOOD PRESERVATION OVERLAY ZONE

Sections:

The Bermuda Dunes Neighborhood Preservation Overlay Zone is intended to provide standards that address unique neighborhood concerns regarding quality of life in the Community of Bermuda Dunes by:

(1)

Supplementing general maintenance requirements on public properties within the neighborhood;

(2)

Restricting uses on private properties beyond the general requirements of the underlying zone as identified in this section, and

(3)

Providing regulatory framework for effective code enforcement efforts.

(Ord. 348.4636, § 1, 4-28-2009)

A.

The Bermuda Dunes Neighborhood Preservation Overlay Zone will be adopted and may be amended by the Board of Supervisors, as necessary to include any issue that is not addressed in this section, and adversely affects the public health, welfare and safety.

B.

An overlay zone shall be placed on all the areas within the Bermuda Dunes Community Council boundary and shall be identified as the Bermuda Dunes Neighborhood Preservation Overlay (BDNPO) zone on the county's official zoning map. The provisions of the BDNPO zone shall apply to all foundation components and land use designations of the general plan within the Bermuda Dunes Community Council boundary. The provisions of the BDNPO zone shall further apply to all currently approved, and future residential developments for individual parcels, tracts and parcel maps, as well as specific plans within the Bermuda Dunes Community Council boundary unless it is otherwise specified in this section.

(Ord. 348.4636, § 1, 4-28-2009)

As used in this section, the following terms shall have the following meanings:

"Attractive nuisances." Any condition that is potentially dangerous to children, or likely to shelter vagrants or criminal activities, including but not limited to; any abandoned or substandard structure, building or fence; abandoned, broken, or neglected equipment, appliances and machinery; and hazardous swimming pools, ponds or other excavations including abandoned shafts or basements.

"Commercial vehicle." Any motor vehicle, truck, or trailer used for the transportation of passengers, goods, wares, or merchandise having a manufacturer's gross vehicle unladen weight rating greater than ten thousand (10,000) pounds.

"Covenants, conditions and restrictions (CC&Rs)." A document used to describe restrictive limitations placed on real property and its uses, and which usually are made a condition of holding legal title to, or leasehold interest in, the real property in question.

"Decorative fence." A fence installed for decorative purposes, such as split rail, picket, wrought iron, or low brick or stucco walls, constructed alternately of brick or masonry, and sections of wrought iron, aluminum, or material similar in appearance.

"Fence." A man-made continuous barrier of any material, or combination of materials, erected to prohibit entry to real property.

"Hard surface materials." A surface constructed of concrete, polymer blocks or other surface materials recognized by the industry as providing pavement or driveway like surface.

"Holiday display." Any display that is commonly associated with any local, or religious holiday, and erected on a temporary basis, including but not limited to: Christmas lights and other decorations, Halloween decorations, or similar items. Any patriotic display such as a flag or ribbon is not considered a holiday display.

"Overlay zone." A set of zoning requirements that are superimposed upon an underlying zone. Overlay zones are generally used when a particular area requires special protection or has a special neighborhood concern. Development of land subject to overlay zoning requires compliance with the regulations of both the underlying zone and overlay zone.

"Recreational equipment." Any equipment used for sports, exercise, leisure, and recreation, including but not limited to: basketball hoops, slides, swings, jungle gyms, volleyball nets, grills, portable barbeques, fire pits, trampolines, skateboard ramps, and outdoor heaters.

"Recreational vehicles." Vehicles with or without motive power, designed for human habitation or recreation, including but not limited to: boats, snowmobiles, watercraft, racing vehicles, off-road vehicles, utility trailers, motor homes, travel trailers, truck campers or camping trailers.

"Sidewalk." Any right-of-way designed for the use by pedestrians and not intended for use by motor vehicles of any kind. A sidewalk may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.

"Temporary exterior display." Any display that is commonly associated with any significant event for the household, and erected on a temporary basis, including but not limited to birthday, wedding, or any other party decoration.

(Ord. 348.4636, § 1, 4-28-2009)

17.292.040 - Neighborhood preservation standards.

In order to maintain a safe, clean, orderly, sanitary, and aesthetically pleasing neighborhood character, the following standards of physical environment shall apply within the BDNPO zone boundary.

1.

Street environment.

a.

All landscaped areas in a public street, sidewalk, or right-of-way that abuts a residential or commercial property shall be maintained by the adjoining property owner, unless it is maintained through another mechanism such as community facilities district or landscape maintenance district.

b.

All trash, solid waste, garbage, recycling and green waste shall be kept in leak proof cans, bins, boxes or other such containers. All cans, bins, boxes or other such containers shall be covered if any garbage is placed therein.

c.

Trash, solid waste, garbage, recycling and green waste containers shall not be placed in any front yard for more than thirty-six (36) sequential hours in any seven day period, including trash and recycling collection day.

d.

Trash, solid waste, garbage, recycling and green waste containers shall not be placed in any public rightof-way for more than twelve (12) sequential hours prior to the collection time, and shall be removed within twelve (12) hours after the collection time.

e.

For single-family residential developments, the trash and recycling containers shall be stored in a garage, front yard, side yard, or rear yard, in a manner so that they are not visible from any public street, except during the collection time.

f.

For multi-family residential developments, the trash enclosures shall be constructed of block walls (with trash receptacles screened from public view) that are in harmony with the architecture and materials of the main buildings. Multi-family units shall be required to install trash enclosures and establish an appropriate contract with a duly franchised solid waste hauler. The maximum size for the trash enclosures shall be four cubic yards (capacity for seven hundred sixty (760) gallons).

g.

Transportable or movable recreational equipment shall be permitted in a front yard or driveway of a property, but shall not be used in, or shall not encroach upon, any street, sidewalk or right-of-way.

h.

No recreational equipment shall be permanently installed in a front yard, driveway, sidewalk, street or rightof-way and shall be removed when not in use. Concealment of the recreational equipment with a cover or other camouflage material is not an acceptable alternative to this provision.

i.

The provisions of other County ordinances shall be applicable to all street environments that are not identified in this section, including but not limited to, Ordinance 657 for Regulating Collection and Removal of Solid Waste.

2.

Parking.

a.

No vehicle shall be parked upon a public street, sidewalk or right-of-way for more than seventy-two (72) consecutive hours within a radius of five-hundred (500) yards and shall be subject to citation and/or removal by the law enforcement agency as provided for in Sections 22651, et. seq. of the California Vehicle Code.

b.

No person shall construct, repair, grease, lubricate, or dismantle any vehicle, or any part thereof, upon a public street, sidewalk or right-of-way, except for temporary emergency purposes.

c.

No vehicle, such as a car, truck or motorized bike, shall be parked in any landscaped area, but may be parked in a garage or carport, or upon driveway or other improved parking area.

d.

The improved parking area, and driveway, shall be constructed of hard surface materials or other similar materials, excluding asphalt, which are treated and maintained to disallow accumulation of weed, mud, and water. The improved parking area shall not cover more than forty (40) percent of the required front and/or side yard area. The improved parking area, and driveway that are preexisting on, or approved prior to, the effective date of this section shall be exempt from this provision.

e.

No recreational vehicle shall be parked or left standing in any front yard of a property except on a driveway or other improved parking areas. No recreational vehicle, or any part thereof, shall encroach upon a public street, sidewalk, or right-of-way. A recreational vehicle may be parked in a public right-of-way or approved parking area for a period of not more than forty-eight (48) hours twice a month for the purposes of loading or unloading of said vehicle.

f.

Parking upon a public street, or right-of-way shall be restricted for a designated day during the week in order to clear the curb-side for street sweeping. This parking restriction shall be applicable only after a street sweeping schedule for the BDNPO zone is established and legal notification of such restriction has been properly provided.

3.

Yard Maintenance.

a.

Any front yard, and or side yard that is visible from any public street or public area, shall be maintained in an aesthetically pleasing manner with the surrounding neighborhood.

b.

All landscaping shall be maintained in a manner that does not cause a potential fire-hazard or cause threat to public health, welfare and safety.

c.

An attractive nuisance shall not be harbored in a public street, sidewalk, right-of-way, or a private property.

d.

Outside storage shall not be permitted in a front yard, or side yard that is visible from any street, and shall not impede vehicular or pedestrian traffic in a public street, sidewalk, or right-of-way.

e.

Landscaping within a yard shall not obstruct a public street, intersection, sidewalk, or right-of-way either physically or visually.

f.

Dying, decayed, untrimmed or hazardous trees, shrubbery, or other landscaping in any front yard, or side yard that is visible from any public area, shall be addressed and remediated within seven days of issuance of a Code Enforcement Notice of Violation, or as specified in the Code Enforcement Notice of Violation.

g.

No accessory structure shall be permitted in a front yard. However, an accessory structure may be constructed in a side yard or rear yard, if it is constructed according to the requirements of this ordinance. An accessory structure, which is determined by the department of building and safety or the code enforcement department to be substandard, unstable, dilapidated, constitutes a fire-hazard or is otherwise potentially dangerous to public health, welfare and safety, shall be removed from the property within thirty (30) days of issuance of a code enforcement notice of violation, or as specified therein.

h.

All alleys located in the BDNPO shall be free and clear of trash, garbage, weeds, litter, and other hazardous materials from obstructing the access of the alley. The responsible party shall be the person owning, occupying or having control of the property bordering/adjoining the alley unless otherwise stated in the CC&Rs of the property.

i.

Nothing in this section is intended to limit the applicability of all other county ordinances regarding landscaping, including but not limited to, Ordinance No. 695.3 for abatement of hazardous vegetation and Ordinance No. 593 regulating yard sales.

4.

Facade Treatment.

a.

All ground mounted mechanical equipment, including but not limited to; air conditioning units or heating pumps, shall be visually screened from public view.

b.

Plywood, plastic sheeting, tarp, aluminum foil, or similar materials shall not be used to cover windows and other openings unless otherwise approved by the department of building and safety on a temporary basis.

5.

Fences and Walls.

a.

All fences and walls shall be properly maintained in order to preserve their structural integrity and to provide an aesthetically pleasing appearance. All fences and walls shall be kept free from graffiti, undergrowth, weeds or other similar conditions at all times. All fences and walls shall be of materials and colors that are compatible with the architectural design of the buildings in the neighborhood.

b.

No fence, wall or a portion thereof, shall be constructed or altered to add razor wire, barbed wire, metal spikes, broken glass, readily flammable material, or other similar material.

c.

Chain link fences shall not be erected or constructed in any front yard or side yard that is visible from any public area for residentially zoned lots less than one-half acre net in area.

d.

No fence or wall, including decorative fence, shall obstruct a public street, intersection, sidewalk, or rightof-way either physically or visually.

e.

Any approved fence for a temporary use or for a swimming pool shall be exempt from the provisions of this section.

f.

All fences and walls, including chain link fences, that are pre-existing on, or approved prior to, the effective date of this section shall be exempt from this provision.

g.

The provisions of other county ordinances shall be applicable to fences and walls that are not identified in this section.

Temporary Exterior Display and Holiday Display.

a.

Any temporary exterior display or holiday display shall not impede vehicular or pedestrian traffic on any street, sidewalk, or right-of-way either visually or physically.

b.

Any temporary exterior display or holiday display shall be allowed for a period not to exceed sixty (60) consecutive days.

c.

Any and all applicable county, state or other permits as required shall be obtained prior to the installing such temporary exterior display or holiday display.

d.

Any temporary outdoor event e.g. community fair, music festival, or yard sale may be exempted by the planning department from the provisions of this section. However, any such temporary outdoor event shall be subject to all other provisions of this ordinance.

(Ord. 348.4636, § 1, 4-28-2009)

A.

All property owners within the BDNPO zone boundary shall be responsible for complying with the provisions of this section. the code enforcement department shall be the lead agency enforcing the provisions of the BDNPO zone according to the protocols established in Ordinance No. 725. The code enforcement department needs to be notified about any violation of a provision of the BDNPO zone, and the violation needs to be corrected within twenty (20) days after receiving a code enforcement notice of violation, unless it is otherwise specified in subsection 17.292.050 of this section.

B.

The Sheriff, District Attorney, County Counsel, County Clerk, Planning Director and all County Officials charged with the issuance of land use permits, plot plans, subdivisions, parcel maps, and other discretionary and administrative permits, shall enforce the provisions of this section.

(Ord. 348.4636, § 1, 4-28-2009)

17.292.060 - Conflict between ordinance requirements.

A.

If there is any conflict in the requirements of this section or between the requirements of this and any other ordinance, the more stringent requirements shall apply.

B.

This section shall neither replace the requirements of, nor overwrite the terms of any private CC&Rs. The County of Riverside generally does not enforce private CC&Rs.

(Ord. 348.4636, § 1, 4-28-2009)