Chapter 7

AGRICULTURAL DISTRICT

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Agricultural District

CHAPTER 7

CITY OF MARICOPA ZONING ORDINANCE

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• 17.7.10 PURPOSE AND INTENT 1. The General Plan outlines the goals, objectives and policies establishing the character and location of agricultural uses within the City. It is the purpose of this chapter to provide reguiations implementing those goals, objectives and policies to assure the preservation of existing agricultural uses as an important component of the local economy.

  2. It is further the intent of this chapter to:

     • a. Protect and promote the continuation of farming in areas with prime soils and soils of statewide importance where farming is a viable component of the local economy, and promote the continuation of farming in areas where it is already established;

     • b. Separate agricultural land use and activities from incompatible residential and commercial development, and public facilities; and

     • Cc. Prevent the encroachment of incompatible uses into agricultural lands and the premature conversion of such lands to non-agricultural uses.

17.7.20 AGRICULTURAL DISTRICT

The primary purpose of the Agricultural (A) zone district is to designate areas suitable for agricultural uses, fo prevent the encroachment of incompatible uses into agricultural lands, and to prevent the premature conversion of such lands to non-agricultural uses.

17.7.30 AGRICULTURAL USE REGULATIONS Identified on Table 7.A of this chapter are those land uses or activities that may be permitted within the Agricultural zone district, subject to the provisions of this Title and applicable General Plan policies. Table 7.A also indicates the development procedure and the approval type by which each listed land use or activity may be permitted in an Agricultural zone district.

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 7

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 7

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CHAPTER 7

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CITY OF MARICOPA ZONING ORDINANCE

1. Lot Area Requirements

   • a. Except when conducted as an accessory to a residential use of a nonfarm parcel, agricultural uses shall require a minimum area of 20 acres, and no farm parcel shall be subdivided from a parent tract unless it shall meet the minimum area requirement for agricultural uses.

   • b. Farm-parcels under Williamson Act Contract and designated as Agricultural on the General Plan shall be a minimum of eighty (80) acres in size.

   • c. Parcels that are conveyed to or from a governmental agency, public entity, community or mutual water company, or public utility for public purposes shall be exempt from the minimum lot area requirements of this chapter.

   • d. Minimum {ot area requirements for uses established as an accessory use to a primary agricultural use in compliance with conditions of approval of a conditional use permit shall be exempt from minimum lot area requirements.

2. Site Development Minimum Standards

   • a. In addition to the minimum standards established in Table 7.B. of this chapter, development within the Agricultural zone district shall also comply with the special requirements contained in this chapter, Chapter 417.12 (Performance Standards), other applicable City standards, regulations, or ordinances, and the City General! Plan.

Table 7.B Agricultural Site Development Minimum Standards

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1. Minimum site area | ao acres
   400 feet
   2. Minimum site width, in feet
   800 feet
   3.4. MinimumFront buildingsite depth,setback,in feetin feet | Soret
   5. Side street building setback area, street sides, in feet Tssofect
   6. Rear yard setback, in feet Lsofet
   7. Maximum Floor Area Ratio _- roto
   8. Maximum Building height, in feet rsofest
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CHAPTER 8

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER8

SURFACE MINING AND LAND RECLAMATION REGULATIONS

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Surface Mining and Land Reclamation Regulations

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• 17.8.10 PURPOSE AND INTENT The City recognizes that extraction of minerals is essential to the continued economic well-being and needs of society and that the reclamation of mined lands is necessary to prevent oF minimize adverse effects on the environment and to protect the public health and safety. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, piological, and social conditions are significantly different and that reclamation operations and the specifications may vary accordingly. The purpose and intent of this Section is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Gode Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA;" and Public Resources Code Section 2207, and the California Code of Regulations adopted pursuant thereto (14 Cal. Code of Regs., Sections 3500 et seq.), fo ensure1. that:Adverse environmental and other effects of surface mining operations will be prevented of minimized and reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands; and

• 2. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding OF minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to biological resources, flooding, erosion, degradation of scenic quality, and noise pollution.

17.8.20 INCORPORATION. OF SMARA AND STATE REGULATIONS The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Sections 2710 et seq.), Public Resources Code Section 2207, and the California Code of Regulations implementing the Act (14 Cal. Code of Regulations, Sections 3500 et seg.), and 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., "Reclamation Standards"), hereinafter also referred to as the "State Regulations,” as those provisions may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting thatwhen the provisions of this chapter are more restrictive than conflicting State provisions, this chapter shall prevail.

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• 47.8.30

• APPLICABILITY 1. Reclamation Plan Unless exempted by the provisions of this chapter, any person who proposes to engage in surface mining, OF who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Section, first file and obtain approval from the City a Reclamation Plan in accordance with the provisions set forth in this Chapter, as further provided in Sections 2772 et seq. of the Public Resources Code, 14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.; and financial assurances for reclamation.

• 2. Requirements for Reclamation Plans

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• operator acting under contract with the Department ofWater Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. (Public Resources Code, Sec. 2714(g)(2)).

• An exemption under this Chapter does not automatically exempt a project or activity from the application of other regulations, ordinances OF policies of the City, including, but not limited to application of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), the requirement of site approvals or other permits, the payment of development impact fees, or the imposition.of other dedications and exactions as may be permitted under the law.

• 17.8.40 CONTENTS _OF APPLICATIONS FOR SURFACE MINING OPERATIONS AND RECLAMATION PLANS

• . 1. Applications for a Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Planning Department. Said application shall be filed in accord with this chapter and procedures established by the Planning Director.

• 2. As many copies of a Reclamation Plan application as may be required shail be submittedThe Reclamationin conjunctionPlan application with all applicationsshall include for Surfaceinformation MiningconcerningOperations.the mining operation that is required for processing the Reclamation Plan.
• 3. Applications shall include all required environmental review forms and information prescribed by the Planning Director.

• A. Upon completion of the environmental review procedure and filing of all documents required by the Planning Director, consideration of an application for the proposed or existing surface mine shall be completed prior to public hearing before the City Council, pursuant[to][Section] 2774[ of][the][ Public] Resources Code.

• 17.8.50 PROCESSING 1. Within thirty (30) days of acceptance of an application for surface mining operations and/or a Reclamation Plan as complete, the Planning Department shall notify the Director of the California Department of Conservation of the filing of the application (Public Resources Code, Sec. 2774(e)). Whenever mining operations are proposed in the 400-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify the State Department of Transportation that the application has been received (Public Resources Code, Sec, 2770.5).

• 2. The Planning Department shall process the application through environmental review pursuant to the California Environmental Quality Act (CEQA) (Public

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• a statement that there have been no changes during the previous year (Public Resources Code, Sec. 2774(e)).

• 8. Annual Reports - Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the Planning Department on a date established by the Director of the California Department of Conservation upon forms furnished by the State Mining and Geology Board (Public Resources Code, Section 2207 (a)-(g)).

• 17.8.60 PERFORMANCE STANDARDS FOR RECLAMATION PLANS 1. All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Sec. 2773(b) (14 Cal. Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq.), as adopted by the State Mining and Geology Board, including but not limited to wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage, and waste management.

• 2. The City may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of Citywide performance standards.

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17.8.70 PHASING OF RECLAMATION

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Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (Public Resources Code, Sec. 2772(f)) (see also, Interim Management Plans for Idle Mining Operations, hereinbelow). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, orfill, as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities, and (d) estimated costs as provided under Financial Assurances hereinbelow.

17.8.80

FINDINGS FOR APPROVAL

• For approval of Reclamation Plans, the following findings shall be required: 1. That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions,

• 2. That the Reclamation Plan complies with applicable requirements of the State Regulations (14 Cal. Code of Regulations, Sec, 3500 et seq., and 14 Cal. Code of Regulations, Sections 3700 et seq.);
• 3. That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter, the City's General Plan, and any applicable resource plan or element,

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 8

• engineer and/or other qualified professionals retained by the operator and approved by the Planning Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee.

• 4. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned py the operator and, consequently, the City or State may need to contract with a third party commercial company for reclamation of the site.
• 5. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including any maintenance required (Public Resources Code, Sec. 2772.1{a)(2))-
• 6. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (Public Resources Code, Sec. 2773.1(a)(3)). The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.
• 7. Revisions to financial assurances shall be submitted to the Planning Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

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17.8.100 INSPECTIONS The Planning Department shall arrange for inspection of a surface mining operation within six months of receiptof the Annual Report required in Sec. 812.0125, to determine whether the surface mining operation is in compliance with the approved Department Review Permit and/or Reclamation Plan, approved financial assurances, and the State Regulations (Public Resources Code, Sec. 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a stateregistered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, oF other qualified specialists, as selected by the Planning Director and as retained by the City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Department shall notify the Director of the California Department of Conservation within thirty (30) days of completion of the inspection that the said inspection has been conducted and shall forward a copy of said

CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

CHAPTER9

OIL AND GAS PRODUCTION

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

17.9.10 PURPOSE AND INTENT The purpose of this chapter is to promote the economic recovery of oil, gas, and other hydrocarbon substances in a manner compatible with surrounding land uses and to protect the public health and safety by establishing reasonable limitations, safeguards, and controls on exploration, drilling, and production of hydrocarbon resources. The procedures and standards contained in this Chapter shall apply to all exploration, drilling and production activities related to oil, gas, and other hydrocarbon substances carried out in the City.

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• 17.9.20 UNRESTRICTED DRILLING No review or permit shall be required for the drilling of any steam injection well, steam drive weil, service well, or any well intended for the exploration and development, production, storage, transmission, and treatment, and any accessory Of ancillary equipment, structure, or facilities thereto, of oil, gas, and other hydrocarbon substances in the A (Agriculture), | (Industrial), or DI (Drilling Island) zone districts; or in Section 47.3.50.2 (Permitted Uses in the PE zone district) of the City provided that, j. All drilling installations and operations comply with the requirements of State law and with adopted fire and safety ordinances and regulations of the City.

• 2. Drilling shall not be commenced within one hundred (100) feet of any existing residence without the written consent of the owner thereof.
• 3. Signs shall be limited to directional, warning, and identification signs in connection with oil, gas, OF other hydrocarbon drilling and development operations.

• 4, Disposal of nonhazardous oilfield liquid waste and production water is considered an accessory facility only if the facility complies with the following: a. The nonhazardous oilfield liquid waste or production water is produced and disposed of within the same designated oilfield; or

• b. The nonhazardous oilfield liquid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity.

• 5. Height limits shall be in accordance with Section 47.10.120 (Height Limitations) except that no height limit shall apply to derricks and other equipment used during the exploration and drilling phase of development notin conflict with Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation, or any corresponding rules or regulations of the Federal Aviation Administration, as amended.
  • 17.9.30 DRILLING BY CONDITIONAL USE PERMIT 1. No well for use as an injection well and no well for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, OF facilities thereto, of oil, gas, Or

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

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• City shall be maintained on the site at all times during drilling and production operations.

• 3. No signs, other than directional and warning signs and those required for identification of a well, shall be constructed, erected, maintained, or placed on the premises or any part thereof, except those required by law or by ordinance to be displayed in connection with the drilling or maintenance of a well.

• 4, Sanitary toilet and/or washing facilities, if required by the Kern County Health Department or other governmental agencies, shail be installed and maintained in aciean and sanitary condition during drilling operations, and at such other times as specified by these agencies. ;

• 5. Proven technological improvements generally accepted and used in drilling and production methods shall be employed as they become available if they are capable of reducing nuisances or annoyances.
• 6. All derricks, boilers, and other drilling equipment employed, pursuant to the provisions of this Chapter, fo drill any well hole or to repair, clean out, deepen, or redrill any completed well shall be removed within ninety (90) days after completion of production tests following completion of such drilling or after abandonment of any well, unless such derricks, boilers, and drilling equipment are to be used within a reasonable time, as determined by the Planning Director, for the drilling of another approved well(s) on the premises.
• 7. Withinabando n inety (90)ment, earthen days aftersumpsany usw e lld has beenin drilling and/or placed production in production, or(unlessaftersuch its sumps are to be used within a reasonable time as determined by the Planning Director for the drilling of another well(s)) shall be filled and the drilling site restored as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for clean-out or remedial work on an existing well or other production facility. However, these sumps shall be filled and the site restored as nearly as practicable to a uniform grade within ninety (90) days after the cleanout or other remedial work is completed. Such restoration work shall comply with all applicable regulations of the California Division of Oil, Gas and Geothermal Resources.
• 8. Any derrick used for servicing operations shall be of the portable type, unless proof is provided that the well is of such depth or has some other characteristics such that a portable type derrick will not properly service such well. In that instance, the Planning Director may approve the use of a standard type of derrick.
• 9. Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks, whenever located within five hundred (500) feet of any residential, commercial, or building used for public assembly, shall be surrounded by shrubs or trees, planted and maintained to provide attractive landscaping or be fenced in such a manner as to, insofar as practicable, screen such tanks from public view. Such fencing shall comply with the requirements of the California Division of Oil, Gas and Geothermal Resources.
• 10. Whenever a well is located within five hundred (500) feet from an existing dwelling unit,either exceptdrilling in or case production of emergency,operations no materials,shall be deliveredequipment,to tools, or removed or pipe from used the for

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CITY OF MARICOPA ZONING ORDINANCECHAPTER 9

• C. Location of all existing dwellings and buildings used for other purposes, located within five hundred (500) feet of the proposed well holes, identification of the use of each structure, and distances between well holes and existing buildings

• d. North arrow.

6. Narrative description of the proposed development, including: a. Acreage or square footage of the property b. Nature of hydrocarbon development activity c. Description of equipment to be used d. Distance to all existing buildings e. Phasing or development schedule

7. Additional information may be required, as part of an application for a conditional use permit, as provided in Section 17.2.50 of this Title.

17.9.60 PERMIT REVOCATION AND MODIFICATION Any permit issued pursuant to the provisions of this chapter may be revoked or modified pursuant to Section 2.190 (Revocation of Permits) of this Title excepting Section 47.2.190.3.b. in which case the requirements of the California Department of Oil, Gas and Geothermal Resources shall prevail.

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CHAPTER 10

CITY OF MARICOPA ZONING ORDINANCE

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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

CHAPTER 10

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CITY OF MARICOPA ZONING ORDINANCE

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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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Genera! Development Standards

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CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 10

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.

lks, 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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CHAPTER 10

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CITY OF MARICOPA ZONING ORDINANCE

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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10-7 General Development Standards

CITY OF MARICOPA ZONING ORDINANCE

CHAPTER 10

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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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CITY OF MARICOPA ZONING ORDINANCE

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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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CITY OF MARICOPA ZONING ORDINANCE

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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

CHAPTER 10

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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CITY OF MARICOPA ZONING ORDINANCE

• 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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CITY OF MARICOPA ZONING ORDINANCE

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3. Recreational

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

Unless otherwise specified in Chapter 47.11 (Specific Use Development Standards), the minimum allowable building site size shall be in accordance with the regulations of the zone district within which the structure is to be located.

• 17.10.160 MANUFACTURED HOUSING

Manufactured housing, fabricated off-site and to be installed on a parcel of land, which includes mobilehomes, manufactured homes, and modular homes, may be permitted on individual lots that permit single family detached housing subject to the following requirements:

4. The manufactured home is permanently attached to a permanent foundation in compliance with all applicable building reguiations.

5. If the manufactured home is a mobilehome, construction shall be certified under the SectionNational Mobilehome5401 et. seq.)Constructionpursuant to andSection Safety18551 Standardsof the HealthAct of 4974,and Safety(42 U.S.CCode . Documentation indicating certification and construction date must be submitted to the building Department in order fo secure a valid building permit.

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3. The manufactured home is no less than twenty (20) feet wide and no less than one thousand one hundred (1,100) square feet in area.

4. The Planning Director determines that the placement of the manufactured home is compatible with the existing development in the immediate area in which it is being placed, in accordance with the following criteria: a. The design of the manufactured home shall be similar in character and appearance to other dwellings in the immediate vicinity relative to design features including, but not limited to: unit size, roof overhangs, roof materials, roof pitch, and exterior materials; and

b. _ All building setbacks, parking, coverage, height, and sign requirements of the base district shall apply.

5. Manufactured housing shall comply with the following architectural requirements: a. _ Aminimum three (3) in twelve (12), three (3) inches vertical to twelve (12) inches horizontal, roof pitch and a minimum of one (1) foot eave around the entire perimeter of the manufactured home, as measured from the vertical wall surface

b. isRoofingrequired. material customarily utilized in the construction of a conventional single family dwelling; such as but not limited to: wood shingles, tile, crushed rock, asphalt, or composition shingles is required.

CITY OF MARICOPA ZONING ORDINANCE

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• c. The maximum permitted coverage of mobilehomes and all accessory buildings and/or structures shall be seventy-five percent (75%) of the total area of the project site.

• d. The minimum area of a mobilehome space shall be three-thousand five hundred (3,500) square feet.

• e. Each mobilehome space shall comply with the following minimum yard - setbacks. There may be no encroachments on any yard setback.

• (1) Front Yard: Ten (10) feet. (2) Rear Yard: Five (5) feet. (3) Side Yard: Five (5) feet.

• f Parking within a required access drive is prohibited. Width of access drives shall be determined by the City Engineer.

• g. Off-street parking. (1) Two parking spaces, at least one of which shall be covered, shall be provided on each mobilehome space. Each parking space shall be no less than nine (9) feet wide by nineteen (19) feet iong. No parking space may be located within the front yard setback area; tandem parking may be permitted.

  • (2) One guest parking space shall be provided for each four (4) mobilehomes located within the development. Guest parking may be permitted on interior street rights-of-way if the street has been designed to accommodate on-street parking.

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• h. _ Interior streets.

  • (1) Private streets within a mobilehome park shall be a minimum of twentyfour (24) feet wide with no on-street parking, a minimum of thirty-two (32) feet wide if parking is permitted on one side of the street, and a minimum of forty (40) feet wide if parking is permitted on both sides of the street.

  • (2) Aroadway divided into separate one way traffic lanes, by acurbed divider, or similar device, shall be no less than fifteen (15) feet in clear width on each side of the divider. Automobile parking shall be prohibited on a divided roadway except where the unobstructed width of the roadway on the side of the divider used for parking is increased by eight (8) feet for each parking lane.

• i. A minimum of ten percent (10) of the net mobilehome park site shall be maintained for permanent open space and recreational facilities. Open space areas shall not include any portion of a mobilehome space or exterior perimeter landscaping. Usable open space may be occupied by recreational facilities such as a recreation centers, swimming pools, golf courses, tennis, basketball, volleyball and badminton courts, childrens’ play areas, trails, and picnic areas.

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• j. All areas within a mobilehome park not used for recreational facilities, streets, driveways, parking structures, building and service areas shall be landscaped,

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CITY OF MARICOPA ZONING ORDINANCE UP CR ACCC