Chapter 10

GENERAL DEVELOPMENT STANDARDS

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General Development Standards

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 10

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CHAPTER 10

GENERAL DEVELOPMENT STANDARDS

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CITY OF MARICOPA ZONING ORDINANCE

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17,10.10

PURPOSE AND INTENT

itis the purpose and the intent of the general development standards to ensure that new land uses and development will contribute to and be compatible with existing and future development in the surrounding vicinity in a manner that will enhance the quality of life for City residents, employers and visitors. It is further intended, that all proposed development is consistent with the goals, policies, objectives and implementation programs of the General Plan. The standards contained in this chapter apply throughout the City in each district and, as appropriate, for all land uses and development. Rather than repeat these regulations and standards throughout this Title, they have been compiled in this chapter.

17.10.20

APPLICABILITY

The provisions of this Chapter shall apply to any land division or land use application that authorizes, or would authorize by its approval, new construction, new land uses, or the substantial modification of an existing structure or land use. The provisions of this chapter shail apply in addition to all applicable standards or regulations for the zone district in which the use or structure is located.

17.10.30

ACCESSORY STRUCTURES

1. Accessory Structures within Residential Districts a. _ Accessory Structure Except as provided below, all accessory structures, whether attached or detached, shail meet all site development standards applicable to the main structure as required by the zone district in which the main structure is located.

b. | Canopies/Patio Covers Canopies/patio covers or roofs attached to the main building or connecting the main building to an accessory building, may extend into a required rear or interior side yard, provided that the portions of such structures extending into the yard: (1) Shall not exceed fifteen (15) feet in height, project closer than thirty (30) inches to an interior side lot line, project closer than thirty (30) inches to a rear lot line where the rear yard setback is five (5) feet, or project closer than five (5) feet to a rear lot line where the rear yard setback is ten (10) feet.

• (2) Shall be entirely open on at least three sides excluding the necessary supporting columns, except that a roof connecting a main building and an accessory building shall be open on two sides.

• Cc. Ground Mounted Mechanical Equipment

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• limit of the land use district in which itis located by not more than twenty-five percent (25%), provided that such feature shall not be used for habitable space and appropriate screening is provided for mechanical equipment when possible.

• f. Ground and wall mounted equipment incidental to industrial, commercial or office development shall be appropriately screened with solid walls and/or landscaping. Such equipment shall not be located in front of a building and any screening provided shall be architecturally compatible with adjacent architecture and materials.

• g. Roof-mounted equipment shall be used only for the building upon which itis mounted.

• h. Roof-mounted equipment shall be screened from public view to the extent practicable, as follows:

• _ (1) All roof screens must be solid and continuous. Equipment may be covered by continuous grills or louvers.

• (2) Roof screens shall be sheathed in a matching or complimentary material to the exterior building material and may include metal panels, aluminum, copper, ceramic tile, or other surface as approved by the Planning Director.

• (3) Mechanical plants and distribution networks shall be located in a manner that is compatible with the affected building.

47.10.40 CIRCULATION, TRANSPORTATION, AND TRAILS FACILITIES

4. Purpose and Intent This section is intended to ensure that development proposals which include the design and/or construction of new roads, trails, and transit facilities are consistent with the adopted Circulation Element and Open Space/Conservation Element of the General Plan, and contribute to the implementation of the goals and policies of those Elements. Further, it is intended to ensure that proposed transportation improvements are consistent with efficient traffic management and good traffic engineering practices.

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2. Public Street, Highways, Alleys, Easements a. Allstreets, highways, alleys and ways shall be designed and constructed in accordance with the City’s Subdivision Ordinance and any engineering design standards that my be periodically updated by the City Engineer, as incorporated herein by reference.

b. | The design of any new street proposed as part of any new development shall, in the opinion of the City Engineer, relate to the established street pattern in the area adjoining the proposed development.

c. The proposed street plan shall provide for access and connection for future subdivision or development of adjoining undeveloped property when applicable.

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3. Private Streets, Alleys, Or Ways a. Private streets may be permitted when the City Engineer determines that: (1) There is adequate provision for their construction and continuous maintenance;

(2) The access and parking needs of the occupants of the development will be adequately served;

(3) The construction, use, and maintenance of private streets will not be detrimental to the public health, safety and general welfare;

     - (4) Occupants of the development are better served by private streets, and 

     - (5) The type of development proposed is typically served by private streets. 

  - b. Private streets may, subject to approval by the City Engineer, provide for access control by design, posting or gating. 

  - c. _ The intersection of a private street or drive with a public street shall be indicated by posting, gating, ora change of pavement material and color at the entry to the private street, as approved by the City Engineer.

• d. Concrete rolled curbs may be permitted in place of standard curbs on private streets and drives upon the determination by the City Engineer that the streets are adequate fo handle drainage, that an adequate maintenance program is provided for in the covenants, conditions and restrictions, and/or some other maintenance mechanism approved by the City Engineer is utilized.

  - e. _ Private streets shall be constructed to the same standards required for public streets except for alternate curbing as provided in paragraph (d) above. 
  

  • 4, Sidewalks, Walking Paths, Bicycle Paths and Horse Trails a. Sidewalks shail be constructed in conjunction with public and private streets unless they are determined by the City Council to be unnecessary, considering the rural nature of the development and/or pedestrian circulation needs. Sidewalk construction shall be in accordance with the City's Subdivision Ordinance and Engineering Design Standards.

  • b. The City may require dedication of walking paths, equestrian, and/or other . trails for public use when such paths are determined to be necessary fo further the goals and objectives, policies, or programs of the General Plan. In addition, and in conjunction with required street dedications, a project applicant may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the development.

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imposition of more restrictive requirements as a condition of approval by the City when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

Cc. Covenants, Conditions, and Restrictions (CC & Rs) The Covenants, Conditions, and Restrictions (CC & Rs) for the new OF converting condominium project, including conversion of apartment and mobilehome park projects, shall be reviewed and approved by the City and shall include an agreement that the following shail be guaranteed by the subdivider: (1) |Common area items, including but not limited to; a roof, plumbing, heating, air-conditioning, and electrical systems shall be maintained py the sponsor of the conversion, or the developer, in good condition until one year elapses from the date of the sale of the last individual unit sold.

  - (2) Adequate provisions for maintenance, repair, and upkeep of common areas. 

  - (3) Provisions, that in the event of destruction, reconstruction shall be in accordance with codes in effect at the time of such reconstruction. 

• (4) Provisions for dedication of land or establishment of easements for street widening or other public purpose.

• d. The cC &Rs shall provide that individual unit owners have the right to select or change the management group OF the homeowner association ninety (90) days after sale or transfer of title of fifty-one (51) percent of the units. The CC & Rs shall provide that subsequent owners agree fo make no changes in the CC & Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents, or owners.

4. Condominium and Mobilehome Park Conversion a. Condominium conversions and mobilehome park conversions may be approved in the City pursuant to the procedures in Section 17.2.50 of this Title for a conditional use permit and for a tentative tract map as set forth in the City's Subdivision Ordinance.

b. No condominium conversion or mobilehome park conversion shall be approved unless and until all of the following conditions have been met by the subdivider, (1) Tenants have received a Tenant's Notice of Intent to Convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with the Planning Director. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under state and local regulations.

(2) A Notice of Pending Application to Convert has been filed with the Planning Director, prior to the filing of a tentative subdivision map and

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17.10.60 CONVERSION OF RESIDENTIAL STRUCTURES TO NONRESIDENTIAL USE Except where a home occupation is involved, no structure originally designed as a residence (including hotels and motels), or as an accessory structure or addition to a residence, shall be used for any commercial or office use unless the building and site are improved to meet all code requirements for an office or commercial development. This includes but is not limited to building code, fire code, and the requirements of this Title. Such a conversion may be a permitted use or may be subject to a conditional use permit process, depending on the base district use regulations.

17.10.70

DEDICATION REQUIREMENTS

4. General Requirements The dedication requirements, as specified by this section, are imposed as provided py Section 66475 of the Subdivision Map Act and shall apply to all final tract and parcel maps, parcel map waivers, lot line adjustments and lot mergers unless exempted from specific dedication requirements by the Subdivision Map Act. In addition, the provisions of this Section may be imposed as necessary on projects not involving a subdivision in order to implement the provisions of the General Plan. ; 2. Public Streets, Highways, Alleys, Easements All streets, highways, alleys, ways, easements, rights-of way, and parcels of land which are shown on the final tract map, parcel map, oF development pian, and which are intended for public use shall be offered for dedication for public use by appropriate certificate unless required otherwise by the City Engineer. Ail irrevocable offers of dedication shail also be shown by appropriate certificate. Ifa subdivision is involved, the certificate shall be on the title sheet of the final map. Where lots exist along a public street, highway, alley or easement that does not align with the subject lot, the developer of any such lot shall dedicate to the City such land necessary to assure the continued planned line of improvements along such lot prior to the issuance of a building permit. When vehicular access rights, including a one (1) foot non-access strip and line of sight, as defined in Section 17.10.40.m. of this chapter, from any lot or parcel to any highway or street are to be restricted as a requirement of a subdivision, such rights shall be forfeited in favor of the City by an appropriate certificate. A note stating: "VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF MARICOPA’ shall be placed on the final map along the highway or street adjacent io the lots or parcels affected. If a subdivision is not involved, equivalent certificates and notes dedicating such vehicular access rights shall be required ina form approved by the City Engineer.

5. Utility and Landscape Easements Any public or private utility and/or landscape easements required by any utility agency or by the City shall be shown on the final tract map, parcel map, OF by the equivalent documentation if a subdivision is not involved. Said easements shall be dedicated to the appropriate party.

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• (4) Provide at least thirty-three percent (33%) of the total units within condominium conversions of apartments for low or moderate income households, as defined in Section 50093 of the Health and Safety Code; or

• (5) Provide atleast fifteen percent (15%) of the total units within condominium conversions of apartments for lower income households, as defined in Section 50079.5 of the Health and Safety Code.

• b. A request for a discretionary density bonus and regulatory concessions or incentives shall apply to projects of five (5) or more residential units, shall require the approval of a conditional use permit, and shall be subject to the following provisions: (1) Density bonus shall mean up to twenty-five percent (25%) density increase over the maximum allowable base General Plan Land Use density. In calculating the number of units that is equal to the required threshold as identified in subsection a. (1) (a) through a. (1) (e) of this section, the density bonus shall not be included in such calculation.

• (2) The policies for achieving a density bonus shall be as follows: (a) The City shall approve the density bonus and regulatory concessions and/or incentives only if the following findings can be made:

i. Affordable Housing:

The proposed project is consistent with the goals, policies and strategies of the General Pian; and The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and The target units will be within the income level for those individuals for which the units are proposed to be ' developed.

ii. Qualifying Residents.

The proposed project is consistent with the goals, policies and strategies of the General Plan; and The proponent has demonstrated that the waiving or modifying of development standards is necessary to insure the economic feasibility of the project; and

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• A commitment has been submitted in writing by the developer guaranteeing that the facility or development will

• • be used for qualifying residents.

• Cc. Concurrent with the processing of a conditional use permit for an Affordable Housing or Qualifying Residents Project the developer shall enter into an Affordable Housing or Qualifying Residents Agreement for any target dwelling unit for which a bonus density regulatory concessions and/or incentives have been granted as follows:

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• (2) Approval of mixed use zoning in conjunction with a housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the other land uses are compatible with the housing project and the existing or planned development in areas where the proposed housing project will be located.

• (3) Other regulatory incentives or concession proposed by the developer and/or City. In the case of condominium conversions, the City need only grant a density bonus or other incentives of equivalent financial value. The City need not provide a cash transfer payment or other monetary compensation, but may include the reduction or waiver of requirements which the City may apply as conditions of approval.

e. Qualifying Residents

Residential occupancy shall be limited to single persons at least 62 years old, or to cohabiting couples of which one person is at least 62 years of age for project less than 150 units. Such age restriction may be reduced to 55 years old for projects greater than 150 units. This section shall apply to both independent living and congregate care facilities as described below:

• (1) Independent Living: Facilities designed to accommodate independent lifestyles shall include individual rooms that, ata minimum, consists of a full bathroom, sleeping area, kitchen, and parking garage.

• (2) Congregate Care Facilities: Shall provide, at a minimum, a full bathroom, sleeping area, communal kitchen, dining area, and recreational area appropriate for the number of residents.

• (3) Development Design and Facilities.

  • (a) Lighting.

Adequate external lighting shall be provided for security purposes. The lighting shall be directed away from adjacent properties and public right-of-way.

• (b) Laundry Facilities.

  • i, Independent Living. Washer and dryer hookups shall be provided in each dwelling unit or in an attached garage.

  • ii. Congregate Care Facilities. On site common laundry facilities including installation of washer and dryers shall be provided and may include shared laundry rooms.

• (c) Common Facilities.

May include one or more of the following facilities located onsite for the specific use of the residents of the project if approved by the Planning Agency.

• i. Beauty salon and barber shop.

• ii. Smail scale pharmacy.

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CITY OFMARICOPA ZONING ORDINANCE CHAPTER 10 ‘ development occurs along an established or planned bus route. il, In lieu of a bus turn out and shelter, the developer may provide a private, on-site taxi, or equivalent service.

2. Additional Residential Conditions The City may impose additional standards or conditions specific to the project and/or environmental mitigation measures related to the project.

• a. Qualifying Non-residential Projects (a) Granting of a floor area ratio bonus is governed by Government Code Section 65917.5 when a developer of a commercial or industrial project agrees to meet the following requirements: (1) The commercial or industrial project must consist of at least fiftythousand (50,000) square feet of floor area.

• (2) The developer must agree to set aside at least two-thousand (2,000) square feet of floor area and three-thousand (3,000) outdoor square feet to be used for a child care facility.

• (b) Arequest for a floor area ratio density bonus shall apply to commercial and industrial projects of fifty-thousand (50,000) square feet or greater, shall require approval of a conditional use permit, and shall be subject to the following provisions. (1) Floor area ratio bonus means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning and general plan requirements including: i. A maximum of five (5) square feet of floor area for each one (1) square foot of floor area contained in the childcare facilities for existing structures.

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• ii. A maximum of ten (10) square feet of floor area for each one square foot of floor area contained in the childcare facilities for new structures.

• iii, Projects constructed under this section shall conform to height, setback, lot coverage, parking, site plan review, fees, charges and other health, safety and zoning requiremenis generally applicable to construction in the zone in which the property is located; except as may be modified by this chapter.

• (2) The day care facility may be located either on site or off site as agreed upon by the developer and the City, and shall be of a size to comply with all state licensing requirements in order to accommodate a minimum of forty (40) children. A consortium with more than one developer may be used in order to achieve the threshold amount for the available floor area ratio density bonus and with each developer's bonus density pro rated based on the percentage participation of each developer.

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CITY OF MARICOPA ZONING ORDINANCE

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placement and design of such walls shall be determined based on the required sound attenuation and/or need for visual screening to ensure consistency with General Pian policies and performance standards. In some instances, site specific conditions may require a variance to maximum wail height requirements in order to meet the provisions of this paragraph. c. In any required rear or interior side building setback area, except as provided by Section 47.10.90.2.b above, walls and fences shall not exceed six (6) feet in height except with an approved conditional use permit.

• d. Nobarbed wire or any other sharp point wire, such as razor sharp chain link fence topping, or points shall be permitted as a fence or part of a fence or wall in a DC or NC zone district.

• e. inaGC,HC, |, or CF zone district, barbed wired may be used as part of a fence or wall as set forth hereunder:

  • (1) Where permitted, barbed wire shall be limited to three (3) strands, no more than one (1) foot in height, when placed on top of a fence or wail when that fence or wall is no less than six (6) feet in height. All other types of fences, or parts of fences or walls, that have sharp wire, such as razor sharp chain link fence topping, or points projecting above the top or to the side of a fence or wall, are prohibited.

  • (2) Said barbed wire, when in compliance with the requirements of Subsection 17.10.90.2 above, shall be located no less than twenty-five (25) feet from a front or street side property line, unless otherwise approved by the Planning Director.

17.10.100 GRADING —

Whenever a tentative map or other residential, commercial or industrial development is approved, which will require grading or other preparation of the soil, the City may impose conditions relating to grading on the approval of the development. Such grading conditions shail be in addition to any other provisions of the Building Code applicable to the project. Such conditions shall be included by the Building Official or City Engineer in any grading permit thereafter issued. Such conditions may include, but are not be limited to, the following: 4. Arequirement that lands slope toward rather than away from the street.

2. Requirements for planting and landscaping of slopes.

3. Requirements for the itrigation of slopes. 4. Limitations on the amount of soil fo be imported or exported from the site.

4. A designation of the streets over which trucks or equipment may travel for the purpose of importing or exporting soil.

5. Alimitation on the periods during which grading operations may Occur. 7. Such other conditions as will facilitate an orderly development of the property in accordance with the provisions of the General Plan and the project's approval.

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• d. Placards or other appropriate signage shall be placed on all buildings or structures that are used for the storage of hazardous materials or wastes.

4. | The unlawful discharge of hazardous wastes into the air, land, or water resources within City boundaries is prohibited.

17.10.120 HEIGHT LIMITATIONS Unless modified by Chapter 17.11 (Specific Use Development Standards), or Chapter 17.12 (Performance Standards), the maximum allowable height of a structure shall conform to the regulations of the zone district within which the structure is to be located.

• 17.10.130 IMPROVEMENT STANDARDS AND PLANS

  4. . Improvement Standards

  5. Standards for the design and improvements of subdivisions and other developments shall be in accordance with the applicable sections of the City’s Subdivision Ordinance, the Subdivision Map Act, the General Plan, any specific plans adopted by the City, and such other standards, regulations, or ordinances as may, from time to time, be adopted by the City Council.

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• b. In the absence of a standard for an improvement, the City Engineer may establish a standard in keeping with good construction and engineering practices.

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2. Improvement Plans Required a. _ Allimprovements proposed to be constructed or installed in subdivisions or other residential, commercial, or industrial developments shall be in accordance with detailed plans and specifications approved in writing by the City Engineer prior to commencement of said improvement work.

b. Improvements plans in sufficient detail shall be submitted to and shall be approved by the City Engineer prior to submitting a final subdivision map fo the City Council, or if no final subdivision map is required, prior to commencement of construction.

c. Required improvement plans shall show the location of all existing improvemenis, including but not limited to electrical, natural gas, telephone, and any other service facilities adjacent to or potentially affected by the proposed improvements. Specific improvement plan requirements shall be compiled and made available to the public by the City Engineer. Improvement plans shall be prepared by a professional civil engineer registered in the State of California.

d. Improvements shall be completed or shall be bonded for, in accordance with adopted city bonding requirements, by each subdivider or developer, as required by the conditions of approval, prior to acceptance of the final tract map, or the equivalent, if a final subdivision map is not required.

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3. Recreational

Aconditional use permit shall be required for all sport and athletic field, stadium, or major event lighting.